Oireachtas Joint and Select Committees

Thursday, 16 July 2015

Committee of Inquiry into the Banking Crisis

Nexus Phase

Mr. Paul Gallagher:

-----the fact that there are, of course ... and the Department is very experienced ... would know that there are legal issues. But that was never put as a proposal and they were never told that there was a legal impediment to doing so and, as I say, even as of today there are legal issues surrounding that. I believe, ultimately, those legal issues can be overcome but, in fact, the 2014 directive explicitly refers to the legal issues and refers ... because the charter, the European Charter and the European Convention of Human Rights create similar problems to our Constitution. So the constitutional issues, if I can put it that way, are recognised at a European level.

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