National Irish Bank Ltd. (under investigation), Re [1999] IESC 18; [1999] 1 ILRM 321 (21st January, 1999)

National Irish Bank Ltd. (under investigation), Re [1999] IESC 18; [1999] 1 ILRM 321 (21st January, 1999)

A confession or answer obtained by Inspectors under section 10 of the Companies Act, 1990 is not, in general, admissible at a subsequent criminal trial unless the trial judge is satisfied that the confession was voluntary. The constitutional right to silence and the requirement for voluntariness of confessions override statutory provisions to the contrary in criminal proceedings.

Citation
[1999] IESC 18
Parties
Appellant/respondent: John O'Reilly and other employees of National Irish Bank Ltd.; Applicant/respondent: Minister for Enterprise and Employment
Jurisdiction
Ireland
Procedural Posture
Appeal / Judgment on Appeal From High Court
Outcome
appeal dismissed; High Court decision upheld with additional guidance
Legal Topics
Right to Silence, Self Incrimination, Admissibility of Evidence, Voluntariness of Confessions, Companies Investigations, Constitutional Interpretation
Constitutional Law Criminal Law Company Law Right to Silence Self Incrimination Admissibility of Evidence Voluntariness of Confessions Companies Investigations +1 more

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Parties

John O'Reilly and other employees of National Irish Bank Ltd.

Appellant/respondent

Minister for Enterprise and Employment

Applicant/respondent

Procedural Posture

Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether persons compelled to answer questions under section 10 of the Companies Act, 1990 can refuse on grounds of self-incrimination
  2. 2 Whether answers or confessions obtained under statutory compulsion are admissible in subsequent criminal trials
  3. 3 Whether section 18 of the Companies Act, 1990 authorises admission of involuntary confessions in criminal cases

Ratio Decidendi

A confession or answer obtained by Inspectors under section 10 of the Companies Act, 1990 is not, in general, admissible at a subsequent criminal trial unless the trial judge is satisfied that the confession was voluntary. The constitutional right to silence and the requirement for voluntariness of confessions override statutory provisions to the contrary in criminal proceedings.

Court Disposition

appeal dismissed; High Court decision upheld with additional guidance

Orders

  • Persons interviewed under section 10 of the Companies Act, 1990 are not entitled to refuse to answer questions on grounds of self-incrimination, but any confession or answer is not admissible in a criminal trial unless voluntary.