Cluskey, Frank

Tuesday, 17 May 1983

Dáil Eireann Debate
Vol. 342 No. 7

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Companies (Amendment) Bill, 1982 [Seanad]: Second Stage (Resumed).

In some cases the fine can also be accompanied by a jail sentence.More Button

It can be both.More Button

It is only fair to say that the names are in alphabetical order.More Button

I should like to thank the House for the constructive and stimulating contributions on the Bill. I would particularly like to thank Deputy Flynn for recognising the urgency with which this Bill is n...More Button

We might even have to go further than that. Deputy Flynn also recommended applying some provisions of the Bill to private as well as public companies. In fact, the Bill does that in some respects. ...More Button

Now.More Button

Companies (Amendment) Bill, 1982: Committee Stage.

I take the Deputy's point. This has been discussed in the Department but because of the urgency of this legislation — as the Deputy knows, from earlier explanations we have already been before the Eu...More Button

I move amendment No. 1: In page 9, subsection (4), lines 9 and 10, to delete “sufficient evidence until the contrary is shown” and substitute “conclusive evidence”. These are ten identical amendments...More Button

No. If a certificate was obtained by fraudulent means it would not become legitimate by anything which is stated in the Act.More Button

Conclusive evidence would take it that the legitimate facts were produced that would allow you to arrive at conclusive evidence. Amendment agreed to. Section 5, as amended, agreed to. SECTION 6.More Button

I move amendment No. 2: In page 10, subsection (6), line 8, to delete “sufficient evidence until the contrary is shown” and substitute “conclusive evidence”. Amendment agreed to. Question proposed: “...More Button

The definition is brought forward from the 1963 Act. There is no change in that regard. I do not foresee arising the sort of situation that has been described by the Deputy but should it arise there...More Button

This is a new provision but it is only in the light of experience gained from its operation that one would know its effect.More Button

I would not like to answer that off the top of my head. I shall discuss it first with the Department.More Button

I understand that section 8 refers to original registered companies.More Button

There would not be very many. Question put and agreed to. SECTION 9.More Button

I move amendment No. 3: In page 12, subsection (9), line 31, to delete “sufficient evidence until the contrary is shown” and substitute “conclusive evidence”. Amendment agreed to. Section 9, as amend...More Button

I understand the point the Deputy is making but in the circumstances I consider myself justified in rejecting these amendments. In adopting the minimum requirement of the directive — that 25 per cent...More Button

I move amendment No. 5: In page 14, subsection (3) (b), line 38 and 39, to delete “sufficient evidence until the contrary is shown” and substitute “conclusive evidence”. Amendment agreed to. Section ...More Button

Or another person.More Button

It means another person. Question put and agreed to. SECTION 13.More Button

As I said on Second Stage, I understand what the Deputy is getting at. Indeed, I have some sympathy with his approach to this matter but as I explained then, in the case of summary conviction, only a...More Button

They are all liable for that act.More Button

The directors, other than this director, would be guilty.More Button

That is right. It is not the principle of collective responsibility.More Button

While I will honour the commitment I have given the House in bringing this matter to the attention of the Government, it may not be practicable to do this in the way I have suggested. As far as compan...More Button

The Deputy is entitled to take that view. It is extremely important that the level of fines imposed is a genuine deterrent to people who habitually break the law. There are people who make a very ca...More Button

I move amendment No. 7: In page 17, subsection (5), line 46, to delete “sufficient evidence until the contrary is shown” and substitute “conclusive evidence”. Amendment agreed to. Section 14, as amen...More Button

With regard to the considerations to be taken into account by the court, I have no doubt that the justice hearing the case will get every assistance from the legal profession regarding what aspects sh...More Button

As I pointed out when introducing the Bill, the effect on employees will be minimal and future legislation, which I have described in some detail, would be the appropriate vehicle for the type of pro...More Button

I move amendment No. 10: In page 21, subsection (6), lines 30 and 31, to delete “sufficient evidence until the contrary is shown” and substitute “conclusive evidence”. Amendment agreed to. Section 18...More Button

I am sorry I have not that information. The figures I have relate to companies of £30,000, not £50,000. I can only say to the Deputy that I think the amount of £30,000 is appropriate at this stage b...More Button

I move amendment No. 13: In page 23, subsection (8), line 24, to delete “effect” and substitute “affect”. Amendment agreed to. Section 20, as amended, agreed to. SECTION 21.More Button

I recognise that the position outlined by Deputy De Rossa is a legitimate concern. However, it is important when we are dealing with legislation that we deal with it in the appropriate way. As I out...More Button

No, from day one. The total is 56.More Button

From the earliest day.More Button

As I explained, the principle which inspired the amendment is not one that I disagree with. I believe strongly in the right of workers in a particular concern to have access to legitimate information...More Button

I accept that.More Button

Deputy Molony said the Bill was not comprehensive enough to deal with certain types of malpractice under company law. I accept that fully. I stated it quite emphatically when I was introducing the Bi...More Button


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