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Written Answers — Department of Communications, Climate Action and Environment: Greenhouse Gas Emissions (26 Feb 2019)

Pearse Doherty: 481. To ask the Minister for Communications, Climate Action and Environment the estimated cost of buying sufficient credits to prevent Ireland from breaching its EU climate obligations on the basis of the most likely emission profiles for each year until 2030; and if he will make a statement on the matter. [9230/19]

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: I welcome the witnesses and thank them for their publication on this issue and their numerous other pieces of work. Mr. Byrne mentioned the Consumer Insurance Contracts Bill 2017, which I have sponsored. This simple Bill, which was drafted by the Law Reform Commission, only requires a number of tweaks so that it can be updated on foot of relevant legislation that has been passed since it...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: I will put it in the context of our past experience although we are dealing with future law which cannot be applied to the past, lest anyone think I am suggesting anything else. The majority of the public believe that what happened in Anglo Irish Bank was reckless and there was reckless lending. The layperson believes that and I certainly believe that. I also understand that we do not have...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: Why make provision under the Criminal Justice (Theft and Fraud Offences) Act which provides for offences with victims on the other side? Where there is recklessness within banking, there may not be a victim at that point. The victim is down the road. This is about preventing the type of activity we had in the past where bankers were lending billions of euro to individuals who were already...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: Therefore, one could not prosecute them. I have a concern about recklessness being added to our toolbox in the context of theft and fraud. It narrows the scope to have to identify a victim of the activity as opposed to focusing on the conduct of the individual and his or her recklessness, whether there is a victim at that point or not. The intention here should be to ensure there is no...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: Moving on to accountability under the liability of corporate management agents, Mr. O'Malley said a managerial agent shall be liable and be prosecuted on the same basis as if he or she were guilty of corporate offence. If one is guilty of a corporate offence, this generally results in administrative sanctions. Is the commission suggesting criminal sanctions, which is not necessarily the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: Mr. O'Malley said an individual, a managerial agent, shall be liable to be prosecuted on the same basis as if he or she was guilty of a corporate offence. Is Mr. O'Malley proposing that individuals could be sent to jail as a result of prosecution, or is it just sanctions that can be applied to them?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: What the Law Reform Commission is proposing is a lot weaker than what the Central Bank is proposing. Would that not be the case? The Central Bank made a submission to the Law Reform Commission. The Central Bank then through the scandal with the tracker mortgages outlined in terms of its senior management how individuals could be brought to account, basically mirroring what is already in...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: Would that proposal also include the fact that if that person - let us suppose it was the CEO of the corporate entity who had responsibility - relied on the fact that it was somebody down the chain who carried out or missed something he or she should not have done or missed that allowed for the activity which is now being prosecuted criminally at a corporate level? Could the CEO rely on that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: I will finish on this point. I appreciate that the recommendations that are being put forward by the Law Reform Commission add to our toolkit and strengthen our hand in relation to ensuring that criminal activity in institutions or at an individual level can be prosecuted, which will hopefully act as a deterrent. That being said, I still believe the measures are quite weak. I accept the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Law Reform Commission Report on Regulatory Powers and Corporate Offences: Engagement (26 Feb 2019)

Pearse Doherty: I thank the delegates for their attendance and the invaluable proposals they presented to us. I would like to hear their views on two issues. There was an interesting discussion on the banks and banking licences. We know that a licence can be revoked, but the reality is that some banks are too big to fail. Therefore, the consequences of revoking a bank's licence in the morning would be...

Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation (21 Feb 2019)

Pearse Doherty: The British Prime Minister and the President of the European Commission met in Brussels last night. Today, British Ministers are in Brussels for talks with Michel Barnier. We are told that, thus far, the talks have centred on the interpretation of the backstop and what fudge can be sold to the House of Commons in that regard. We are all agreed in this House that the basic protections...

Ceisteanna ó Cheannairí - Leaders' Questions (21 Feb 2019)

Pearse Doherty: After eight years in government that is the result.

Ceisteanna ó Cheannairí - Leaders' Questions (21 Feb 2019)

Pearse Doherty: Child and adolescent mental health services, CAMHS, across the State are in disarray. We can all agree on that. Every Deputy knows patients and families struggling to access appropriate care and help for themselves and their loved ones and children. We are all aware of the inadequate staffing levels across CAMHS that make it impossible for the services to meet demand. Approximately...

Ceisteanna ó Cheannairí - Leaders' Questions (21 Feb 2019)

Pearse Doherty: I will finish on this. It is not the first time that I have raised this matter. I raised it during Leaders' Questions with the Taoiseach in November. He stated that he would seek a report on a comparison between resources, staffing and outcomes in CAMHS. He was going to take a personal interest in this. Has that report been compiled? What does it contain? When will it be published? We...

Ceisteanna ó Cheannairí - Leaders' Questions (21 Feb 2019)

Pearse Doherty: The reality is we are failing these children. I am sure the Tánaiste, like anyone else, knows their parents, perhaps people who are close to him, and the torture that they go through worrying about their children, who have already been assessed as needing mental health supports, about the risk posed to their children's mental health increasing and about there being a bad end to all of...

Ceisteanna ó Cheannairí - Leaders' Questions (21 Feb 2019)

Pearse Doherty: We hear from the Minister of State at the Department of Health that it is not an issue of resources and that he had called all the CHOs and chief executives together. What is coming out of all that? In the middle of it all, more and more children's mental health and, indeed, lives are being put at risk because of inaction.

Written Answers — Department of Finance: Tracker Mortgage Examination (21 Feb 2019)

Pearse Doherty: 70. To ask the Minister for Finance the number of requests for oral hearings received by each independent appeals panel in relation to the tracker mortgage scandal; the number granted; and if he will make a statement on the matter. [8788/19]

Written Answers — Department of Finance: Tracker Mortgage Examination (21 Feb 2019)

Pearse Doherty: 76. To ask the Minister for Finance if the Financial Services and Pension Ombudsman is now investigating all tracker complaints received by him; the number he has received; the number under investigation; and if he will make a statement on the matter. [8872/19]

Written Answers — Department of Justice and Equality: Legal Aid Service Data (21 Feb 2019)

Pearse Doherty: 104. To ask the Tánaiste and Minister for Justice and Equality the estimated cost of providing legal aid to all borrowers facing repossession hearings; and if he will make a statement on the matter. [8848/19]

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