Oireachtas Joint and Select Committees

Tuesday, 1 October 2019

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Irish Banking Culture Board: Discussion

Photo of Rose Conway WalshRose Conway Walsh (Sinn Fein) | Oireachtas source

Another question is on why they are not obliged to pay tax on that, which is a conversation for another day.

I know that the witnesses cannot comment on specific cases that are before the courts but my next query is relevant to Mr. Justice Hedigan's previous role. We have heard evidence from one group, which gave very strong evidence before this committee and subsequently supplied affidavits that were lodged with the High Court, which successfully secured a judgment when the judge outlined the following in his ruling:

As an aside, I would have thought that a competent mediator could bring sense to bear and mediate a solution to the dispute between the parties. If the parties are committed to doing business with integrity and in accordance with the regulatory requirements that exist, then what possible obstacle stands in the way of both sides starting on a new page even if some re-arrangements and compromises are required of both sides? Large banks and financial institutions, and smaller ones, wish the public to forgive the past and to move on with a positive attitude. They should lead by example. What the parties have enjoyed in business together ought not to be lost if it can be salvaged. That exercise in itself might serve to help restore in the public mind the trust and confidence and faith that they should have in banks and financial institutions and which is being slowly rebuilt with effort over and above any required to solve this ongoing dispute. That may be a high minded and naive recommendation on my part but it is something I would urge on both sides in any event.

That sounds like an imminently sensible judge. Indeed, officials from the Central Bank also told the committee that after examining the evidence in this group provided, that "clearly there were cultural issues there and there was pressure on selling". So we have culture, integrity and a judge giving sensible advice on this matter. The ruling dates back to February, which is almost eight months ago, and since then no attempt has been made by the bank to mediate. Surely this is a perfect opportunity for banks to take the judge's advice and show the public they are changing?

I cannot understand why the banks would refuse to take that very strong suggestion from a judge to sort out and resolve some issues. As the witness has said, we have to move on. The people involved in this, however, cannot move on.

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