Oireachtas Joint and Select Committees

Wednesday, 16 June 2021

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

General Banking Matters: Discussion

Mr. Shane Kavanagh:

A couple of agents have taken legal action or begun the legal process but, unfortunately, they found that it is quite costly. One particular agent, who still has an EBS office, has taken a case. The person was issued with an order for termination a while back and took a case to the High Court to secure an injunction to prevent the three offices he has from being terminated. The judge ruled in favour of the agent. As I indicated in my opening statement, EBS was asked to show leadership, sit down with the agent and deal with him in a professional manner on the issues. Instead of listening to the High Court judge, unfortunately, the bank decided to go ahead and proceed to the Court of Appeal. The three judges in that case again dismissed the EBS's argument. The case is potentially going to a full trial later in the year. I do not want to say much more about that because there is a trial pending. That particular agent has spent in excess of €500,000 to get to here. The ordinary agent just does not have that kind of money. I do not have that money. There is not a hope in hell I would have that money unless I won the lotto, and neither would any of the rest of my colleagues. There are 23 other agents involved here and we are not all wrong. We do not have that kind of money. We cannot take a class action because the legislation in Ireland does not allow for it. That is where we are at. We are stuck in limbo and that other case is potentially going to trial later in the year. That is the kind of money we are looking at. Realistically speaking, the taxpayer is paying it and backing up that charge.