Oireachtas Joint and Select Committees

Wednesday, 28 June 2023

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Authorised Push Payments Fraud: Discussion (Resumed)

Photo of Rose Conway-WalshRose Conway-Walsh (Mayo, Sinn Fein) | Oireachtas source

That is the ambiguity that will give rise to many cases that will be contested.

I was also interested in Mr. Palmer's comment that the payment services directive 2 is a maximum harmonisation directive, which he states means transposing the regulation cannot go beyond the provisions of the directive. To be clear, does this mean the Government is precluded from bringing in stronger legislation to go further than the existing EU directive? How exactly are maximum harmonisation directives legislatively implemented? Are there sections in the transposed directive, through the 2018 statutory instrument, that commit the Government to not bringing forward additional legislation or is it based on an intergovernmental agreement not to go beyond the directive? Will Mr. Palmer comment on what can and cannot be done?

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