Oireachtas Joint and Select Committees
Tuesday, 21 February 2017
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
Banking Sector in Ireland: Discussion (Resumed)
4:00 pm
Mr. Padraic Kissane:
They probably believe that, if a case goes to court, they will win it. They probably have an air of confidence about us not going to court. Until they are challenged to that degree and a judge says it, the banks will not give two hoots about what Padraic Kissane says.
Some aspects of the investigation into the tracker issue are vague, but there is an old Latin phrase in law, contra proferentem, concerning the lesser party. If members were to hear some of the replies from the banks, they would believe that the lesser party was the bank. It is the rule of law against the draftsman. I read a case, Bogdan Matei and Ioana Ofelia Matei v. SC Volksbank Romania SA, that was heard by the European Court of Justice a number of years ago. The court found that, if the increasing nature of a variable rate mortgage was not clearly identified, the contract was voided. It was an astonishing decision that we would use in court. The banks probably never believed that, from 2009, I would get the matter to this point. Now that I am starting to unify more customers, the banks are growing more nervous. Unity is the next stage, as that will give us the clout and financial muscle to challenge the issue in court and take on the level of senior counsel and legal support that we will require to challenge the large entities that the banks will have at their disposal.