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Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I thank Deputy Doherty for raising this matter, on which I gave him a commitment on Committee Stage. When I discovered I would be taking Report Stage the first question I asked of the officials was whether we had examined the issue and received advice on it. I am sincere about that.

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: We examined the issue. My officials sought legal advice and I am assured that the current wording in the Bill is sufficiently robust. Sections 14 and 15 specify the occasions on which a credit information provider must or may access the register, and these do not allow general trawls, for example, to look for “good” potential customers. Section 14 provides that a credit...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: We introduced an amendment relating to section 11(7), as Deputies recall, and originally the Minister's decision was based on the CPI. We broadened this provision to include the following: "The Minister may, from time to time, review the amount for the time being provided for by subsection (6) and may, following consultation with the Bank and having regard to changes in the consumer price...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: My understanding is that when the register is operational, the bank will obtain statistics from each of the financial institutions and this will give a full picture. Currently we do not have that information but we will have it when the register is in place.

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I do not propose to accept amendment No. 6, but I thank the Deputy for raising the issue on Committee and Report Stages in order to allow me the opportunity of putting on the record the specific advice we have. On Committee Stage I committed to take advice on the question of executors gaining access to the register. I am advised that the duties of an executor are specifically set out in the...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I do not want the impression to go abroad that we are putting the legislation in place and seeing how it goes while it has no impact on moneylenders. Notwithstanding the small sums of money, there is an issue here. The Minister is being given power under this Bill to change the threshold, and there is a logic in that. The views of stakeholders on the value of the limit encompassed the...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: We had a discussion, not on this issue but on a similar one, on Committee Stage. The first point to make is one I made on Committee Stage that, principally, this Bill is not about moneylenders, rather it about trying to ensure there is a very clear decision-making process on prudential risk within the financial institutions and that we capture that by way of information, which previously was...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: We had a good discussion on this on Committee Stage. We will keep a very close eye on this but I agree with Deputy Michael McGrath that the primary objective of the exercise is to get the register in place. That will be the new benchmark upon which decisions are taken, and there has been some verification on those decisions. Without the register we do not have a proper, robust system of...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: This is the amendment proposing the figure of €125.

Credit Reporting Bill 2012: Order for Report Stage (3 Dec 2013)

Brian Hayes: I move: "That Report Stage be taken now."

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I move:That, in accordance with Standing Order 130(1), the Bill be recommitted in respect of amendments Nos. 1 and 10.

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: I move amendment No. 1:In page 5, line 16, after "1942;" to insert "AND THE CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013;".Amendment No. 10 provides for the insertion of a new section into the Bill, which is section 35. The reasoning behind this provision is to correct a drafting error in the Central Bank (Supervision and Enforcement) Act 2013. Sections 5(2) and 5(3) of the Central...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: Amendment No. 2 specifies that the cost of amending any inaccurate or incomplete information on the register will be borne by the credit information provider and not the credit information subject. I do not propose to take this amendment on board as the provision is not necessary. The Bill does not make provision for charges to be imposed on individuals who seek to amend inaccurate or...

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: It is important that Deputy Michael McGrath, in putting down this amendment, gets clarity on it. As I have always stated on Committee and Report Stages, the transcript of the debate helps to inform the decision-making that follows. Let it be clear, my understanding is exactly that of the Deputy. Let everyone outside this House who is implementing this understand that.

Credit Reporting Bill 2012: Report and Final Stages (3 Dec 2013)

Brian Hayes: We had a general discussion about how to correct the register on Committee Stage to which the Deputies opposite contributed. Deputy Michael McGrath stated at that point he would bring forward this amendment to reflect that discussion and he flagged that as part of his contribution. I do not propose to take amendment No. 3 on board as it is my view that this is not necessary. Section 20...

Credit Reporting Bill 2012: Instruction to Committee (3 Dec 2013)

Brian Hayes: I move:That, pursuant to Standing Order 177, Standing Order 131 is modified to permit an instruction to the Committee to which the Credit Reporting Bill 2012 may be recommitted in respect of certain amendments, for which it has power to make provision in the Bill in relation to an amendment to the Central Bank (Supervision and Enforcement) Act 2013 to change the reference in section 5(2) and...

Credit Reporting Bill 2012: Instruction to Committee (3 Dec 2013)

Brian Hayes: In pointing out that we made a cross-referencing mistake in the Bill, I have made the argument for accepting the motion. If the Bill is to advance to Report Stage, we must recommit it.

Credit Reporting Bill 2012: Instruction to Committee (3 Dec 2013)

Brian Hayes: I thank the Deputies opposite for agreeing to the motion.

Written Answers — Department of Public Expenditure and Reform: Flood Relief Schemes Expenditure (3 Dec 2013)

Brian Hayes: The Deputy will be aware that fundamental issues of dispute arose between the main contractor and Bray Town Council, which is the Contracting Authority on the project, which were referred by the contractor to third party conciliation. The parties subsequently agreed to extend the ambit of the conciliation to encompass issues relating to other aspects of the scheme. Several meetings took...

Seanad: Adjournment Matters: Marine Resources (28 Nov 2013)

Brian Hayes: This is an EU-wide programme and all 28 member states are required to agree to it. The reason it is in place is to give confidence to everyone concerned. If he was here, the key issue the Minister would raise is that there was potential for agreement on a code of practice here. The way in which it can be activated is through the Marine Institute. Perhaps the Senator might ask the growers...

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