Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 13:

In page 38, line 26, after “means” to insert “, subject to subsection (1A),”.

I propose to discuss amendments Nos. 13 to 16, inclusive, in section 37, together with amendment No. 17 in section 43, as these amendments deal with the extension of the definition of "authorised officer" to be inserted into section 33AN of the Central Bank Act 1942. Section 37 of the Bill makes various additions and changes to section 33AN of the 1942 Act, which provides for a definition for Part IIIC of the Act which refers to administrative sanctions procedures. The Central Bank has the power to appoint authorised officers with powers exercisable regarding a prescribed contravention. Amendments in section 37 includes a definition of "authorised officer" to mean a person appointed under section 24 of the 2013 Act. The definition is included to support new sections inserted into the Bill to provide for fairness of procedures in the investigation processes of the Central Bank on foot of the Supreme Court's decision in the Zalewski case.

To ensure, however, that all instances where the Central Bank has the power to appoint an authorised officer are captured, it is necessary to extend that definition further. For example, authorised officers can be appointed not only under section 24 of the 2013 Act but also under various statutory instruments transposing EU sectoral legislation or under the Competition and Consumer Protection Act 2014. It is important to capture all these instances and the amendments brought forward today extend the definition to include all legislation where the Central Bank has the power to appoint authorised officers.

Amendments Nos. 13, 14 and 16 are technical amendments to facilitate the insertion of the extended definition of "authorised officers" who are appointed under the designated enactments or statutory instruments. Amendment No. 15 sets out the extended definition to include all authorised officers under designated enactments and statutory instruments. Amendment No. 17 is a consequential amendment to section 43 to remove the reference to authorised officer powers under Chapter 3 of Part 3 of the Central Bank (Supervision and Enforcement) Act 2013 as the definition of "authorised officers" will now be broader than that. I recommend and ask that amendments Nos. 13 to 16 be approved by the committee, with amendment No. 17 to be agreed at section 43.