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

Access fees are a charge, usually a flat-rate fee irrespective of the amount being withdrawn, levied by an ATM operator to use a specific ATM. Most of us pay bank fees and charges to our current account providers. However, customers of Irish banks and payment service providers have not been subject to what are known as domestic access fees or ATM access fees. Access fees have not been charged for domestic withdrawals in Ireland to date due to Visa and Mastercard rules. However, visitors, including those from EU countries, are generally subject to such fees when using non-ATMs. Likewise, Irish account holders often have to pay access fees when using ATMs abroad.

The status quo is dependent on Visa and Mastercard policies. These entities may change their rules to permit such fees in the future. Consequently, the Bill provides the Minister for Finance the power to make regulations to prohibit or cap access fees should they become a barrier to financial inclusion. However, the clear legal advice was the cap or ban must apply to all cards issued in EU countries. Therefore, if the amendment were accepted and access fees banned, revenue from access fees charged to EU visitors by ATM deployers would be lost. This would harm the commercial viability of certain ATMs, particularly those in areas with high tourist traffic, and could lead to their removal in more rural areas where such revenue is necessary for the viability of the ATM in question.

While compliance by the designated entities with the access to cash criteria should mean new ATMs are installed, there is no guarantee they would be at the same location and this would be disruptive for communities. The introduction of an immediate prohibition on access fees would also place an increased burden on designated entities. It is for this reason the current wording of the section allows the Minister for Finance to either cap or ban access fees, as appropriate, rather than compelling such an intervention. It means the Minister for Finance can act in the future if access fees were to be introduced and impair access to cash, affordability and be harmful to financial inclusion.

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