Oireachtas Joint and Select Committees
Wednesday, 3 November 2021
Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach
General Scheme of the Central Bank (Individual Accountability Framework) Bill 2021: Central Bank
I am satisfied with that. On defining a prescribed contravention, it is the same as set out in the Central Bank Act 1942. It includes the mistreatment of consumers under a breach of the consumer code. I presume that that will be the same and it will be in the scope of the legislation. The question is how that will be defined and how the mistreatment of consumers will be defined under the consumer protection code.
Mr. Cross mentioned breaking the participation link. This has been a big problem, as the regulated firm must be found guilty before one can take individual action. My reading of this legislation is that that will still be the case. I would like to tease that out. My understanding is that the change under the new legislation is that there will no longer be a requirement to prove participation in the original finding against the firm. My view, from reading the heads of bill, is that the firm will have to be found guilty of a contravention before the individual can be pursued. Is that the case, or have I got a wrong reading of this?