Written answers

Thursday, 1 June 2017

Department of Jobs, Enterprise and Innovation

Office of the Director of Corporate Enforcement Investigations

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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233. To ask the Minister for Jobs, Enterprise and Innovation the number of matters the ODCE have referred to the DPP on foot of its investigations; the number of convictions which resulted for each of the past ten years; and if she will make a statement on the matter. [26307/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The principal functions of the Director of Corporate Enforcement are set out in the Companies Act 2014. They include to:

1. encourage compliance with the Act;

2. investigate instances of suspected offences under the Act;

3. enforce the Act, including by the prosecution of offences by way of summary proceedings;

4. refer cases, at his discretion, to the Director of Public Prosecutions (“DPP”) where the Director has reasonable grounds for believing that an indictable offence under the Act has been committed; and

5. exercise, insofar as he feels it necessary or appropriate, a supervisory role over the activity of liquidators and receivers in the discharge of their functions under the Act.

Reflecting these functions, as a result of ODCE action between 2012 and 2015:

- 797 directors were restricted;

- 54 directors were disqualified by the High Court;

- 52 criminal convictions were arrived at in the District Court;

- 50 individuals were disqualified in the High Court; and

- 853 instances of securing compliance with the Companies Act through the exercise of the Director’s civil powers

Between the years 2008 and 2017 ODCE has referred 16 separate matters to the Office of the DPP.  Arising from charges directed by the DPP on foot of these files, 9 individuals have been convicted to date (further convictions would have also arisen on foot of summary prosecutions in the District Court taken by the ODCE during this period).  Two further cases are currently before the Courts and the ODCE is currently awaiting directions from the DPP in 3 other cases on foot of files submitted to them.

Included in the files submitted to the DPP were a number of files relating to Anglo Irish Bank covering 5 different strands of enquiry.  The DPP has taken prosecutions in relation to 4 of these strands. These prosecutions resulted in convictions in respect of 3 of these strands.

A breakdown of the files and convictions is set out in the following table:

No. of files to DPPNo. of convictions
200821
200900
201020
201121
201230
201310
201403
201510
201641
201713

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