Catherine Murphy (Kildare North, Social Democrats)
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79. To ask the Minister for Enterprise, Trade and Employment if he will report on his engagements with the Department of Justice in respect of the way in which the allocation of Garda resources to the new Corporate Enforcement Agency will be managed; and the date on which the Agency will be operational. [25940/22]

Robert Troy (Longford-Westmeath, Fianna Fail)
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The Companies (Corporate Enforcement Authority) Act 2021 which provides for the establishment of the Corporate Enforcement Authority (CEA) was signed by the President on December 22, 2021. A cross referencing error in section 11, relating to a Schedule in the Act which prevented the proper establishment of the CEA, was identified. This has been corrected by way of an amendment to the Act through the Redundancy Payments (Amendment) Act 2022.

Establishing the CEA at the earliest opportunity is a priority for me. I am mindful that in establishing this new Agency, we are providing for more autonomy and resources. Based on the Director of Corporate Enforcement’s assessment of the requirements of the new Authority, 14 additional civilian staff are being assigned to the CEA.  4 additional staff have been recruited at this time and recruitment for the remaining positions is at an advanced stage. The Garda Commissioner has committed that the number of Gardaí seconded to the Authority will increase from 7 to 16. These additional Garda resources are in line with Government’s vision and policy objectives for the new Authority; the CEA’s statutory functions; and the Director’s assessment of the CEA’s Garda staffing needs.

The Tánaiste and I want to ensure that the CEA is established on the strongest possible basis which endures into the future. Therefore, before commencing the Act and establishing the CEA, I am awaiting the finalisation of an agreement between the Office of the Director of Corporate Enforcement (ODCE) and An Garda Síochána (AGS) on a Memorandum of Understanding (MoU) between the two organisations. The MoU will formalise arrangements and provide for ongoing co-operation between the two bodies to ensure both organisations work effectively to fulfil their respective independent statutory obligations.

My officials have been meeting regularly with officials from the Department of Justice, the ODCE, and AGS to progress arrangements. I am informed that the ODCE and AGS have now agreed the process for the assignment of Garda secondees to the CEA and that an internal Garda recruitment process for such secondments is scheduled to commence by the end of this month. I am also informed that the MoU between the CEA and AGS is at an advanced stage and is expected to be signed in the coming weeks.

Therefore, work is now proceeding with the Office of the Parliamentary Counsel on the required Orders to commence provisions of the 2021 Act and provide for an establishment day for the Authority. It is intended to commence the Act and establish the Authority in the coming weeks once all the legal, operational, and resourcing matters integral to the CEA’s successful establishment, are finalised.