The Táinaste, Ms Harney, today welcomed the Supreme Court judgment to uphold her decision to appoint an authorised officer to examine the books and documents of two Dunnes Stores (ILAC Centre) Limited.
She said that it was a vindication of her action in mid-1998 to appoint an authorised officer to examine certain Dunnes Stores companies.
The Supreme Court gave its judgment on appeal by the Tánaiste against an earlier judgment by the High Court. The High Court had found Ms Harney’s reasons for the appointment of the officer were unreasonable and irrational and in excess of the Minister’s legal powers under the Companies Act 1990.
The Supreme Court has now found that the authorised officer was validly appointed under section 19 of the Companies Act 1990.
Ms Harney said that she hoped the investigation could now proceede in an orderly and expeditious manner. However, she stressed that the manner in which the investigation would proceed is now solely a matter for Mr Paul Appleby, Director of Corporate Enforcement.