Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

Amendment No. 4 proposes to change the required distance for the percentage of the population to be 5 km from an ATM or cash service point. It also proposes to add the criteria of a minimum percentage of ATMs that provide the necessary functionality to be accessible for those with visual impairments and other forms of disabilities. Section 6 of the Bill sets out population criteria that will require a specified percentage of the population in a specified region to be within a set radius of not less than 5 km and not more than 10 km of an ATM. The minimum distance of 5 km was added in response to the finance committee's recommendation. A minimum distance of 5 km, a maximum distance of 10 km, minimum ATM numbers per 100,000 people and a local deficiency framework were deemed the most optimal approach to maintain access to cash in the State.

A distance of 5 km was considered on the basis of the committee's recommendation. This found that a 5 km criterion would be disproportionately restrictive as the population percentages would still be based on the December 2022 coverage levels and travel and geographic factors would inhibit attempts to remedy it. The preference is therefore to set the distance criterion to 10 km in the first instance, which represents approximately 99% of the population being covered. A 10 km distance, coupled with the local deficiency process, will provide an initial indication of the number of ATMs and cash service points necessary to provide sufficient and effective access to cash.

The local deficiencies process complements the 10 km criterion by providing a framework to address any deficiencies in the ATM coverage. Local deficiency is the term in the legislation for locations in the NUTS 3 region where particular difficulties arise in accessing cash, even if the access to cash criteria for that region are being complied with. It is possible that changes in the ATM locations, branch closures or independently-made changes in the An Post network could give rise to localised difficulties in accessing cash, even where the criteria for the relevant NUTS 3 region are still being complied with. In these cases, the local deficiency provisions of the Bill will come into effect. A person can notify the Central Bank of Ireland of local deficiencies or potential local deficiencies. The Central Bank will assess submissions and determine whether there is a deficiency that warrants a remedy. If so, the Central Bank of Ireland will notify the designated entities, which will have at least one month or up to eight weeks to present proposals to the bank to address the breach. Where the Central Bank of Ireland is satisfied that the remedy is adequate, the designated entities will implement it.

Where the Central Bank of Ireland is not satisfied that the remedy is adequate, it will have the power to issue a draft direction setting out measures to be taken by a specified deadline to one or more designated entities to remedy the deficiency. Relevant designated entities may provide observations on the draft direction within two weeks and the Central Bank of Ireland may amend or affirm the direction. Where designated entities do not comply with the direction, the bank may implement its sanction procedure. Prior to the implementation of the local deficiencies framework, the Central Bank of Ireland is required to produce guidance on the assessment and classification of local deficiencies and when a remedy is appropriate and proportionate. The guidance must be prepared within 12 months of the commencement of the Act. It will also detail the steps the public can take to begin the process of having a local deficiency assessed.

Following commencement of the legislation and once the Central Bank has gathered the necessary information, the Central Bank will review how the criteria operate in practice to see if the 10 km maximum distance for ATMs and cash service points, coupled with minimum ATM numbers per hundred thousand and the local deficiencies process, provide sufficient and effective access to cash. The distance can be adjusted in future if, following data collection and review by the Central Bank, doing so would serve a useful purpose.

Accessibility is governed by the European Union (Accessibility Requirements of Products and Services) Regulation 2023, SI 636 of 2023, which transposed the requirements of the European Accessibility Act into Irish law. This includes requirements that the ATM contains features, elements and functions that allow persons with disabilities to access, perceive, operate, understand and control them. SI 636 of 2023 addresses accessibility issues raised by the committee in the pre-legislative scrutiny report. The implementation of this legislation is the responsibility of the Minister for children, disability and equality. Monitoring and compliance of the ATM accessibility requirements will lie with the Central Bank of Ireland. ATMs installed after 28 June 2025 must comply with the regulatory requirements. ATMs in use before that date may continue to be used until the end of their economically useful lives or no longer than 20 years after they entered into use. Accordingly, it is not proposed to accept this amendment.

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