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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: That is under section 29(2) which refers to a credit provider who knowingly uses the information. Subsection (6)(c) provides that a person guilty of an offence under this section is liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding six months, or both.

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

Brian Hayes: We will check that out. There must be a monetary limit on it, but I do not know what it is.

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

Brian Hayes: It provides for an alternative of imprisonment for six months, which is quite significant.

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. 52: In page 16, subsection (1), between lines 24 and 25, to insert the following: “(c) when access to the information is to be given, 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. 53: In page 16, between lines 26 and 27, to insert the following subsection: “(2) Regulations under subsection (1) may make different provision in relation to --(a) different classes of persons who are applicants to access information held on the Register, or (b) different descriptions of information so held.”.

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. 54: In page 16, subsection (3), line 33, after “credit” to insert “information”.This is a correction of an error to the original drafting of the Bill and it ensures that the section is clear in its application. The reference is to "credit information provider", not "credit provider".

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. 55: In page 17, subsection (1), line 6, to delete “has been, or may have been,” and substitute “may have been, may be being or may be about to be”.Section 19 as contained in the Bill refers to "identity theft", as when a credit information subject indicates a reasonable suspicion that his or her identity had been compromised. Such reasonable...

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. 56: In page 17, before section 20, but in Part 2, to insert the following new section: 20.--(1) Nothing in this Act limits the operation of the Data Protection Acts 1988 and 2003. (2) Sections 2, 4 and 6 of the Data Protection Act 1988 shall have effect as if--(a) references to personal data included relevant credit data, and (b) a person to whom this section applies...

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. 57: In page 18, between lines 8 and 9, to insert the following subsection: “(3) Regulations under subsection (2) may make different provision in relation to--(a) different classes of credit information providers, or (b) different classes of credit information subjects.”.

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. 58: In page 18, subsection (1), line 39, to delete “to the Bank”.Amendments Nos. 58 to 62 provide that any party engaged by the bank to operate any aspect of the register is able to recover levies owing to it by way of court proceedings, instead of requiring the Central Bank to bring such proceedings. Amendment No. 63 allows the bank to publish and sell...

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. 59: In page 19, subsection (2)(c), line 7, to delete “to the Bank”.

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. 60: In page 19, lines 16 to 18, to delete subsection (4) and substitute the following: “(4) The Bank may enter into arrangements with any person in relation to the collection of the levy; and the amount of any levy payable is recoverable as a simple contract debt by proceedings in a court of competent jurisdiction by the Bank or any person with whom the Bank has...

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. 61: In page 19, subsection (1), line 21, to delete “to the Bank”.

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. 62: In page 19, lines 34 to 36, to delete subsection (4) and substitute the following: “(4) The Bank may enter into arrangements with any person in relation to the collection of fees payable under regulations under subsection (1); and the amount of any fee so payable is recoverable as a simple contract debt by proceedings in a court of competent jurisdiction by...

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

Brian Hayes: The Minister, Deputy Noonan, already publicly outlined his support for the intention set out in the amendment. The question is whether this is necessary in the context of the legislation, because we think this can be done by way of regulation. The objective outlined by the Deputy in his amendment is also the objective of the Minister for Finance. If the Deputy is agreeable, we will table...

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

Brian Hayes: Sometimes the official advice is that all these matters can be addressed in regulation, and that is so, but it is important at other times to put it into the legislation to ensure clarity for the purposes of the Oireachtas.

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

Brian Hayes: As the Deputy is well aware, in any primary legislation there is an amount of time before the regulations come in. This is priority legislation and understandable pressure has been imposed on the Government by the troika to ensure it would be introduced. There is very little point in the Oireachtas passing the Bill but then not bringing forward the regulations. While I do not have an exact...

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

Brian Hayes: Immediately on enactment.

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

Brian Hayes: No.

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

Brian Hayes: Yes, it is really down to the regulations.

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