Oireachtas Joint and Select Committees

Wednesday, 24 June 2015

Committee of Inquiry into the Banking Crisis

Nexus Phase

Mr. William Beausang:

Well, I can ... I can deal with that issue. I already spoke to Deputy MacSharry's question on that issue. I mean, our analysis at that time was that the legal difficulties involved, the constitutional difficulties involved, the policy difficulties involved in putting in place such a piece of legislation were ... were not surmountable. I mean, we would have been breaking new ground at EU level in introducing that type of legislation. So our analysis at the time was that a nationalisation Bill certainly achieved some of the important objectives of a special resolution regime, for example, by taking out the shareholders, by taking an institution into public ownership, by dealing with the moral hazard that would otherwise be there. So, I mean, it was an analysis at that time that ... that the right approach was to prioritise nationalisation legislation rather than a piece of legislation that might not be technical ... technically achievable and, indeed, might not be implementable, in legal terms, because of the legal risks around it and the constitutional risks in-----

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