Catherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

262. To ask the Minister for Jobs, Enterprise and Innovation the engagement her Department had with the ODCE in advance of a case (details supplied); if resources were discussed in the context of that case; the decisions made; if the attention of her Department was drawn to the shredding of documents; if so when; and if she will make a statement on the matter. [26199/17]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Under the provisions of the Companies Act 2014, the Director of Corporate Enforcement is independent in the exercise of his functions.

On March 16, 2011, the Secretaries General of the then Department of Enterprise, Trade and Innovation and the then Department of Justice and Law Reform met with the Garda Commissioner and officials from the Office of the Director of Corporate Enforcement. The meeting was arranged to ensure that all appropriate resources were available to the Gardaí and the ODCE to progress their investigations. It was made clear at the meeting that the independence of all the agencies involved in carrying out the investigations was fully respected and there was a clear desire at all levels that nothing would be done which would in any way impinge on that.

In response to inquiries, both the Gardaí and the ODCE stressed that as far as they were concerned they had adequate resources.  The Commissioner stressed that both himself and his predecessor had at all times ensured that the Garda team had all the resources they required.  For their part, the ODCE were satisfied with the resources available to them and had received anything that they looked for.  If they felt at any stage that anything further was required they would, of course, look for it.

Both the Gardaí and ODCE were asked to reflect again on whether there was anything at all by way of additional help that could be made available to them in their work.  It was stated that any such requests would be responded to positively.

The then Minister for Jobs, Enterprise and Innovation, Richard Bruton T.D., met the Director of Corporate Enforcement with Department officials on 6 May 2015. At that meeting, the Minister was informed of the destruction of documents and other weaknesses in the investigation.

As the matter was before the courts, it was sub judice. It was considered that no steps should be taken that would interfere with the prosecution of the case and the separation of powers between the Executive and the Judiciary.