Oireachtas Joint and Select Committees

Wednesday, 30 November 2022

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I am looking for clarity on one piece but want to elaborate on this point. If you take AIB for example, it was only found to have regulatory breaches this year for issues that took place a decade before that, though they continued right up until March. Therefore, if people had left their position, they would not be captured in that and for many of us, that is the test. We ask ourselves if we could go back in time whether this would have prevented some of the issues. Hopefully it would be a deterrent in the first instance but if the issues still happened, would those involved be able to be held individually accountable. I have an issue regarding that. I am happy to hear the Minister will consider the matter.

I am looking for clarity on a second point as I am unsure if the Minister articulated that this is the case as it is written, or if it is as my interpretation of how it is written. Is it as the Minister said that it refers to a situation where a person leaves the role they held when the breach happened, or is it, which is my interpretation, when they performed any control function? You could have a situation where somebody could be head of risk in a bank where there was a breach and they have left that position six years ago but now they are the CEO of the bank. Is it if they have held any performed function in the bank at the time of the breach?

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