Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I thank our guests for coming in. I put it to them that when parliamentary questions were asked very directly about the introduction of domestic legislation and its compatibility with the payment services directive, the information on the public record was false if not misleading, given what the Commission has now put into the public record. I say that as somebody who has been raising the need for the Government to move on APPs for a year now. When questions were put directly about whether this could be introduced in light of the payment service directive, the answer that was given could only be interpreted in one way, which is that is could not. I asked:

... if a requirement for payment service providers to compensate customers where authorised push-payment fraud occurs would require new legislation, to, for example, give the Central Bank powers to require compensation; if such legislation would be possible under [the revised Payment Service Directive] PSD2; and if [the Minister for Finance] will make a statement on the matter.

Part of the answer prepared for the Minister was:

Member States shall not maintain or introduce provisions other than those laid down in this Directive.

PSD2 provides the customer with recourse for unauthorised transactions. However, it does not directly provide recourse for the customer in the case of authorised push payment fraud.

Is it not clear now, as Mr. Palmer has said to this committee, that there should have been another paragraph in there, namely, that the directive is silent on APPs and therefore it is not curtailed by the provisions of the directive?