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Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: No, Senator, I took some of your questions actually. That's what I done.

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: No, no, no, no, sorry, Mr. Neary-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: Mr. Neary, come to the Chair, please. Sorry, Senator, I'll be bringing you back in, because you've time at the end of the session.

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: It was ... it was dealt with yesterday afternoon in the inquiry, so I can give you some guidance on that.

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: In a general ... in a general matter you certainly can Mr. Neary.

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: Final question now-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: I'll just give you a little bit more time on this, Deputy, but I'll bring you back in at the end of questioning as well-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: Thank you very much Deputy McGrath and I'll be inviting you back in later again this session. There's just a couple of matters I want to deal with before we take a break for coffee, Mr. Neary. And I'm just going to bring a document up on the screen there. It's from the evidence book, Vol. 1 pages 43 to 50. Basically, it's the memorandum of understanding that establishes the kind of ground...

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: -----and what should be dealt with by the bank?

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: The memorandum of understanding is not a section 33AK document. It's a document that's in the public domain as I understand it-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: -----so that its now clouding the Official secrecy's Act. People can go and read it-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: All right. So in that regard, was there any expectation that the Governor would invoke his rights under the MOU and intervene with the Financial Regulator and did that ever happen?

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: The Roman ... the Roman numerical iii, there for example-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: -----the Central Bank would have had responsibility for the macro-prudential management of the country, stability and so forth. I ... would I be correct in saying and I'd say that this happened but just as an example, that the Governor of the Central Bank may have a macro concern and would then talk to the regulator that maybe some regulatory actions might deal with these ... might-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: Okay. Did that every happen?

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: Okay. Should it have had happened?

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: In earlier questions there with Senator D'Arcy, you were discussing the sanctions that were available to you. Senator D'Arcy mentioned some sanctions that were available or that were in your power. Could you maybe give us an example as to what you understood the sanctions were?

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: These that would have been the sanctions that would have been available to you to go into banks, to not give kind of, moral suasion or to say, ''Look, I'm a bit worried about this''. These are specific actions that you could have taken with banks to actually temperate or moderate particular actions that they were engaged in.

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: Could you give us an example of-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (28 May 2015)

Ciarán Lynch: -----some of those powers that you would have had?

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