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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: Not to our knowledge. One must be a licensed moneylender to be caught by the provision.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: Not legally.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: My understanding is that, if someone gives permission to the bank, it can obtain information but it is predicated on the person providing permission in the first place.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: My understanding is that the mortgage credit directive, which is coming down the tracks, will make it a requirement that this information can be passed on. The current situation is that the individual must sanction the information and must give permission in respect of the credit institution.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: Not currently.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: No, because they are utilities.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: The issue was raised as part of the working group. The Central Bank can give effect to that in the future but it is not proposed at present. The issue was flagged and it is a matter for the Central Bank to decide on.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 2: In page 6, subsection (1), to delete lines 13 to 18 and substitute the following: “(b) NAMA, (c) a local authority, or (d) any person not within paragraphs (a) to (c) who provides credit, other than-- (i) the Bank or the central bank of any country or territory other than the State, or (ii) a pawnbroker, within the meaning of the Pawnbrokers Act 1964;”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 3: In page 6, subsection (1), between lines 23 and 24, to insert the following: “ “credit institution” means a credit institution within the meaning of Article 4.1(1) of Regulation (EU) No. 575/20131 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 4: In page 6, subsection (1), between lines 34 and 35, to insert the following:“ “international organisation” has the meaning given by section 186B of the Social Welfare Consolidation Act 2005;”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 5: In page 7, subsection (1), between lines 8 and 9, to insert the following:“ “related undertaking”, in relation to a company, means -- (a) a subsidiary of the company, (b) the holding company of the company, (c) a subsidiary of --(i) the holding company of the company, or (ii) a subsidiary of that holding company,and for this purpose “holding...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 6: In page 7, subsection (2)(b), line 16, to delete “proper law of” and substitute “law governing”.These amendments are proposed because the phrase "proper law of" is ambiguous and is not a commonly used phrase. Following consultation with the Office of the Attorney General, it was decided that the wording "law governing" was preferable and...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 7: In page 7, subsection (2)(b), line 17, to delete “proper law of” and substitute “law governing”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 8: In page 7, subsection (3), line 19, to delete “the”.Section 2(3) addresses how the register will deal with possible transfers or disposals of credit agreements between credit information providers, for example, where a credit information provider originates a credit agreement and at some point prior to its conclusion disposes of some or all of its rights...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 9: In page 7, subsection (3), line 21, after “is” to insert “with respect to the rights acquired”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: My understanding is that this provides the legal basis for the score, but that we still have a lot to work out by way of regulation with regard to what information will be included and who will have access to it. Effectively, the bank will have access to it because it will be held there. However, the fuller implementation of this will be by way of regulation, which will follow the enactment...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: My understanding is that this information will exist for a five year period. That is the cycle, but the question is whether it will take that long for the information to be washed through.

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