Written answers

Tuesday, 10 October 2017

Department of Jobs, Enterprise and Innovation

Office of the Director of Corporate Enforcement Investigations

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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8. To ask the Minister for Jobs, Enterprise and Innovation if special measures are put in place with regard to monitoring the activities of companies reported to the ODCE for serious transgressions while those investigations are ongoing, such as in the case of a company (details supplied) which continues to operate. [43001/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Office of Director of Corporate Enforcement (ODCE) was established under the Company Law Enforcement Act 2001 and continued under the Companies Act 2014. Under the provisions of the 2014 Act, the Director is responsible for enforcing and encouraging compliance with company law, investigating suspected offences under the Companies Act, prosecuting detected breaches of the Companies Act, referring cases to the Director of Public Prosecutions on indictment and exercising a supervisory role over the activities of liquidators and receivers.

Section 949(3) of the Companies Act 2014 provides that the Director of Corporate Enforcement shall be independent in the performance of his statutory functions. I, as Tánaiste and Minister for Business, Enterprise and Innovation, have no direct function in such matters.  Consequently, it is not possible for me to intervene in any action or decision taken by the Director in relation to his statutory functions.

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