Oireachtas Joint and Select Committees

Wednesday, 7 December 2022

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed)

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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I hear what the Minister is saying. I had thought about whether that could be a contravention in itself. While the section heading says "Bank may hold inquiry into suspected commission of or participation in prescribed contravention", the legislation is quite clear. It refers to circumstances in which the bank "suspects on reasonable grounds that the person to whom the investigation related is committing or has committed a prescribed contravention". I am concerned that with respect to banking, if there is a plan that has never been executed and therefore there has never been a contravention, they have never committed a contravention or they are not committing it. It is not 100% clear to me that the planning or the intention to do something is covered. For example, in criminal law, the intention to carry out a crime is a crime in itself which warrants prosecution. Someone could intend to do something but for various reasons - maybe because of a superior, or they might have woken up the next morning and thought it was not a good idea, or things may have changed and sands shifted - the intention was not fulfilled.

If the intention is there and can be documented, can they be held accountable? Will there be an investigation? Could there be an inquiry?