High Court inspectors find no company law breaches at Independent News & Media
High Court inspectors have found no breaches of company law in their investigation into the business and governance of Independent News & Media (INM).
The Corporate Enforcement Authority (CEA) has published the report of Seán Gillane SC and Richard Fleck CBE, who were appointed as inspectors in 2018 by Mr Justice Peter Kelly, then-president of the High Court.
Their appointment followed an application by the Office of the Director of Corporate Enforcement (ODCE), since superseded by the CEA, which received protected disclosures from INM’s CEO and CFO concerning its chairman Leslie Buckley.
The inspectors found that there had been “technical breaches of the Data Protection Acts by INM” and that Mr Buckley had disclosed confidential information to Denis O’Brien, then INM’s largest shareholder, but not for an improper purpose.
These matters “do not, in our view, amount to the affairs of INM being conducted in breach of the provisions of section 748 of the [Companies Act 2014] as contemplated by paragraph (j) of the Order appointing us”, the inspectors said.
The CEA has said it will “now conduct a detailed examination of the report, including the inspectors’ analyses, findings, and conclusions”.
“Until that examination has concluded and the CEA has determined what, if any, action is warranted on foot of the report’s contents, it would be inappropriate for the CEA to make any further comment,” it added.
In a statement following the publication of the report, Mr Buckley said: “I am pleased that the Inspectors’ report contains no findings of dishonesty against me during my time as chairman of INM and demonstrates that I acted with integrity in the interests of all shareholders.”
INM was acquired by Mediahuis in 2019. Mr Buckley and Mr O’Brien no longer have any connection with the business.
Mediahuis Ireland said: “We welcome the publication of the inspectors’ report and we are pleased that, after an extensive and detailed investigation, the inspectors found that the affairs of the company were not conducted unlawfully.
“We acknowledge that the appointment of the inspectors, and the issues they were asked to investigate, led to considerable publicity and commentary, and we know that the entire matter has been difficult for all of you, the company’s hard-working and diligent staff.
“Since acquiring the company in 2019, we have been committed to ensuring that we conduct our business responsibly and in the best interests of all those with a stake in the company’s future, including all those who work for Mediahuis.”