Oireachtas Joint and Select Committees

Thursday, 16 July 2015

Committee of Inquiry into the Banking Crisis

Nexus Phase

Mr. Paul Gallagher:

Yes. That was raised at a very early stage, whether if a guarantee had to be given, it could be done under the State Guarantees Act 1954. The advice was unambiguous, it could not be done, so that enabled specific guarantees in respect of scheduled bodies and in any event, this was of a different nature than what was envisaged by the Act and it was made clear that would require a separate and independent legal basis. The Department accepted that, knew that and we had that ready to go on the night of the guarantee.

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