Oireachtas Joint and Select Committees

Wednesday, 1 March 2023

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

Investment Funds: Discussion

Mr. Padraic Kissane:

If one is challenging the regulator, there is European regulation, which is the umbrella over the Irish regulation but they are interconnected.

It is the Oireachtas, to some degree, that regulates the regulator. That would probably be the one regulator that is there. The Houses of the Oireachtas regulate for the interests of those such as the consumers we are talking about today. If they are not getting satisfaction, there is the ombudsman process, the complaint process and access to other entities people would have heard about. Mr. Hall is asking who challenges the Central Bank with legislation on decisions it makes or codes it brings in. Its public submissions process has definitely improved. It is looking at the consumer protection code again and is inviting submissions. If something is fundamentally wrong, it is not blind to realising that. It is a question of how long it will take for it to do so. That is the challenge that will hopefully be dealt with as a result of what is happening today. It is not enough to come in here and say, as has happened, that it offers fixed payments when this has nothing to do with fixed interest rates. It is not enough to say that the bank cannot interfere in the area of interest rates when we have legislation that interferes in it anyway. I will be careful. The Central Bank needs to question itself more. I do not know what the answer is. European legislation is there as a support. The directive on unfair terms in consumer contracts has been in place since 1993.

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