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Irish Times
06-07-2025
- Business
- Irish Times
Power struggle in corporate watchdog led to garda roles not being filled
The Corporate Enforcement Authority (CEA), which is responsible for enforcing company law, refused to fill vacant garda roles in the body in a dispute over the powers of its chief executive, Ian Drennan. Mr Drennan also sought the outward transfer of four gardaí previously seconded to the authority. He said 'fresh ideas, perspectives and experience' were needed and that replacement gardaí will be assigned in due course. The chief executive provided details of the dispute in the CEA's annual report which was published this week. It is the first time he has publicly commented on tensions within the CEA which have led to allegations of a toxic work environment in the organisation. Mr Drennan said, during 2024, the CEA experienced 'an unprecedented unwillingness to accept decisions, as well as difficulty in obtaining information, explanations, and clarifications sought in respect of criminal enforcement activity.' READ MORE He did not specify to whom he was referring, but referenced disputes over the CEA's entitlement to oversee officers' work and arguments regarding the 'true nature' of secondments of gardaí. One of the key areas in dispute was whether seconded gardaí are subject to CEA supervision and oversight, he said. Dealing with these arguments, which Mr Drennan called a significant distraction, led to financial expense and absorbed 'considerable senior management time' during the year, he said. The chief executive said if arguments over the CEA's power were advanced to their logical conclusion, it might have to 'completely cease its criminal enforcement activity pending, potentially very significant, legislative amendment'. As a result, the CEA decided to 'temporarily defer' the filling of vacant garda roles in the authority in October 2024. There are normally 16 gardaí seconded to the CEA, but this number has been depleted recently due to retirements and transfers. Mr Drennan said it was later determined these arguments did not reflect the statutory regime underpinning the CEA. In early 2025, it recommenced engagement with the Garda regarding vacancies. Regarding gardaí assigned to the CEA whose secondments were rescinded, Mr Drennan said as a growing organisation, the authority must 'renew its criminal investigative capabilities'. 'In particular, it is important that the organisation's criminal investigative complement periodically benefit from fresh ideas, perspectives and experience.' He said in this context, he requested Garda Commissioner Drew Harris 'to rescind the secondments of four secondees'. New gardaí will be assigned in due course, 'through a combination of both temporary transfer and through competitive processes', he said. The four seconded gardaí objected to the move and were represented in talks with management by the Garda Representative Association (GRA), it is understood. A least one civilian staff member has also this year lodged a case with the Workplace Relations Commission over their work conditions. In a meeting with Minister for Enterprise Peter Burke last March, Mr Drennan said a cultural audit of the organisation was to take place as part of a new strategy. The audit will be carried out by an outside body. The ODCE was rebranded as the CEA in 2022 following significant public criticism over its handling of the prosecution of former Anglo Irish Bank chief executive and chairman Seán FitzPatrick. The late banker was accused of misleading Anglo's auditors about millions of euro worth of loans during the banking crisis. In 2017, following a 126-day trial, all charges were dropped on the direction of the court. The judge criticised the ODCE's handling of the case and said its inquiries had fallen short of the unbiased, impartial, balanced investigation to which the accused was entitled.
Irish Times
05-07-2025
- Business
- Irish Times
Denis O'Brien says it is time to question ‘conduct' of corporate enforcement chief
Businessman Denis O'Brien has criticised the State's business law watchdog over the years-long Independent News & Media (INM) investigation, saying the time had come to question the 'role and conduct' of Corporate Enforcement Authority (CEA) chief executive Ian Drennan . Mr O'Brien was INM's main shareholder when it was rocked by turmoil over an unlawful breach of company data relating to 19 named individuals, among them journalists and former company officials, some of whom had come into conflict with him. The disruption in INM, Ireland's largest newspaper business, led to its sale in 2019 to Belgian group Mediahuis. That deal crystallised a loss exceeding €450 million for Mr O'Brien on his INM investment. Mr Drennan ran the CEA's predecessor, the Office of the Director of Corporate Enforcement, when it asked the High Court in 2018 to send inspectors into the company. READ MORE In a statement, Mr O'Brien said: 'Mr Drennan's failure to engage in due process and interview all relevant parties before heading to the High Court in 2018 in undue and irrational haste calls into question his continued suitability for the position. 'Mr Drennan's conduct showed little respect for due process, proper procedures or basic objectivity. As a result, he inflicted and facilitated very significant reputational damage for several individuals over six years.' [ Leslie Buckley questions way that corporate enforcer investigated INM saga Opens in new window ] Minister for Enterprise Peter Burke , who has political responsibility for the CEA, had no comment on Mr O'Brien's remarks, citing CEA independence of the Government in its work. Asked whether Mr Burke had confidence in Mr Drennan, his department said: 'Yes. The Minister has confidence in Ian Drennan as the sole appointed member of the CEA.' Mr O'Brien was responding to the CEA decision not to take enforcement action over the data breach. The decision was set out on Thursday in its 2024 annual report. How the wealthy are buying up land to avoid inheritance tax Listen | 22:03 That followed on from a report 12 months ago by court inspectors who found after a six-year investigation that INM affairs were not conducted in breach of the Companies Acts. Still, inspectors Seán Gillane SC and UK solicitor Richard Fleck reported 'technical' breaches of the Data Protection Acts. They also found inside information was disclosed to Mr O'Brien by Leslie Buckley, the long-time ally who represented his interests as INM chairman. Mr O'Brien said: 'Mr Drennan took a deliberate decision not to engage with or interview several parties, including myself, who could have provided him with answers to his questions and saved the State and other parties in excess of €40 million. 'His failure to make any reference to this element of the debacle in the annual report speaks for itself.' There was no response from Mr Drennan's office to Mr O'Brien's statement by the close of business on Friday evening. Mr Buckley, the former INM chairman, had criticised Mr Drennan in similar terms on Thursday. Responding on Friday to Mr Buckley, the CEA said: 'As detailed in the annual report, the application to the High Court in this case followed a lengthy investigation and, despite being robustly resisted by the company, satisfied the High Court that the evidential threshold necessary to warrant the appointment of court-appointed inspectors had been fully met and the court's jurisdiction engaged.'
Irish Times
05-07-2025
- Business
- Irish Times
Enforcement authority's costly INM probe leaves unanswered questions
Ian Drennan, chief executive of the Corporate Enforcement Authority (CEA) , is facing an onslaught of criticism from businessman Denis O'Brien and his ally Leslie Buckley over the Independent News & Media (INM) saga. O'Brien was formerly INM's main shareholder and Buckley represented his interests as chairman. On Thursday, Drennan said no enforcement action will be taken on foot of a High Court report on INM one year ago. Inspectors found a major data breach in INM, now Mediahuis Ireland, did not violate company law. Enforcement action was never going to follow that. But the CEA waited 12 months to say it. Although the inspection cost the State €5.82 million, O'Brien and Buckley said all-party costs came to €40 million. These are enormous sums. [ Leslie Buckley questions way that corporate enforcer investigated INM saga Opens in new window ] Drennan ran the CEA's predecessor – the Office of the Director of Corporate Enforcement (ODCE) – when it went to the High Court in 2018 seeking an inspection. At issue was alarming evidence of a covert 'data interrogation' on emails relating to 19 people within and outside INM, some of whom had come into conflict with O'Brien. An avalanche of litigation followed. READ MORE But for all the disquiet and concern, court inspectors said it would not be appropriate to 'speculate' on how the 19 names were included. That left the biggest question of all dangling. The INM-19, as the victims became known, are no closer to finding out why they were pulled into the web than at the outset. This remains the most disturbing aspect of the affair. Now the backlash against Drennan has begun. O'Brien has attacked him, as has Buckley. They separately say his original investigation was severely flawed because all parties – themselves included – were not interviewed before he went to court. 'Mr Drennan's conduct showed little respect for due process, proper procedures or basic objectivity,' said O'Brien, questioning his suitability for the CEA role. The CEA chief bet the ranch on this investigation. Now he has quietly closed the file. Does Minister for Enterprise Peter Burke have confidence in Drennan? 'Yes,' said Burke's department. But this has been a costly business for all concerned.
