Business Owners Warned: Unannounced Raids and Investigations Loom
As business owners in Ireland, it is essential to be aware of the powers granted to various government agencies to conduct unannounced inspections of premises to gather evidence and information relevant to an investigation.
Agencies with Power to Conduct Raids
- Corporate Enforcement Agency (CEA)
- European Commission
- Central Bank of Ireland
- Competition and Consumer Protection Commission
- Data Protection Commission
- Commission for Regulation of Utilities
- Commission for Aviation Regulation
- Revenue Commissioners
- Health Information and Quality Authority
- Health and Safety Authority
- Environmental Protection Agency
- Workplace Relations Commission
- Commission for Communication Regulation (ComReg)
- Pharmaceutical Society of Ireland
- Food Safety Authority
These agencies have been granted powers to conduct dawn raids as part of their investigations into corporate fraud, anti-competitive behavior, corruption, money laundering, terrorist financing, and sanctions violations. In many cases, these raids are carried out in conjunction with An Garda Síochána (Irish police force).
Increased Focus on Personal Accountability
In recent years, there has been an increased focus on personal accountability in corporate crime cases. The CEA has warned that directors who take little or no active role in company management may face significant difficulties in satisfying a court that they have acted responsibly.
The agency has also proposed additional powers to enhance its investigative capabilities and increase access to certain Court documents. It is expected that the CEA will continue to increase its investigation and enforcement activities in 2024 and beyond.
Deferred Prosecution Agreements: A New Era for Corporate Crime Resolution?
In a 2019 report, the Irish Law Reform Commission recommended the introduction of Deferred Prosecution Agreements (DPAs) in Ireland. DPAs would allow companies to avoid criminal prosecution in exchange for cooperation and remediation measures. While no timeline has been set for the implementation of DPAs, it is likely that they will be introduced in the near future.
What Does This Mean for Business Owners?
The increased focus on corporate crime and personal accountability means that business owners must be vigilant in ensuring their companies comply with relevant laws and regulations. Failure to do so can result in criminal liability for directors and officers of bodies corporate.
As one expert noted, “Acting as a director of a company about which a person knows little or nothing can expose that person to criminal liability.” Business owners are advised to seek legal advice if they have any concerns about their obligations under Irish law.
Contact Our Team
For more information on white-collar crime and legal services related to this topic, please contact our team:
- [Your email address]
- [Your phone number]