Oireachtas Joint and Select Committees

Thursday, 25 June 2015

Committee of Inquiry into the Banking Crisis

Nexus Phase

Professor Patrick Honohan:

Okay, well, so this is really specifically about legislation that we at the Central Bank would feel is necessary to get the job done as well as possible. You ... we've achieved a lot in our discussions. The discussions are full and frank. We don't win all the battles and there are a number of things that we have ... sort of given up on because we can see there's no legislative appetite, sometimes because there's advice from the Attorney General that things might require constitutional change. For example, I should be careful to get the facts right here but in respect of fitness and probity, for example. So we have a big regime of fitness and probity now, which is pretty good and better than it was, but supposing we decided that somebody that had been deemed a fit and proper person to be a senior person in a bank and we change our minds or we found new evidence and we thought no, this person needs to be removed - we would have liked in the legislation to have that power to sort of turn the fitness and probity into reverse and through some process to say, you know, with a due process, you're out. But the advice is that this would not be constitutional without the intervention of a court. And so we have to go through a High Court in that ... in such a circumstance. Well, you could imagine in the middle of a crisis, in the High Court. So those are the sorts of things that we discuss, backwards and forwards, and in the end the Department says, you know, on the advice in some cases of the AG and whatever, "You're not going to get this." We get a lot and so we have the communication and it's-----

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