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Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Thanks, Senator. Okay. Deputy Eoghan Murphy.

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Final question now, Deputy.

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Thank you very much, Deputy. I'm just going to move to wrap things up. Just a couple of questions for yourself and then I'll invite the two leads back in again, Mr. Gallagher. The first one is: did at any time did you advise on the bond redemption schedule by NAMA?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay and the other thing: is it your memory that there were two sides in Government Buildings on the night of the guarantee - one nationalisation, the other one, full guarantee?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay, did you have a position on that?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: All right. Mr. McCarthy gave evidence yesterday that it was the Financial Regulator who wanted to remove the term "solvency" or that part of the official statement when it went out. Is that ... concur with your own recollection?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay. Also, if I can return to the Credit Institution (Financial Support) Scheme, the Bill of 2008-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: -----and in section 8, this allowed for a review of the scheme which allowed the Minister to consider, and ... then the Bill goes on to state "... the continued requirement for the provision of financial support". Did the section allow the Minister to bring an end to the guarantee after six months?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay, so whose prerogative, or whose call was it, was it the EU's or the Minister's call ultimately? I just-----

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: And was that ever considered?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: And were you privy to any consideration that ... you've stated the factual aspect about what happened but were you privy to any consideration of a review on any six-pack option?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay. Just two final questions there, Mr. Gallagher. Were you required to advise the Government on the legal impact of positions taken or representations made from either the Commission or of the ECB in the negotiation of the troika programme?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: There was no negotiation or consideration at that time, no?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay, and, just finally, if I could maybe ask you to comment upon whether you or the Government were examining the legal rationale under European law for specific actions taken by the ECB or the Commission or whether queries were raised concerning the basis, under European law for specific actions taken by the Commission or the ECB? And an example of such would be what legal action could the...

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: So, on the position that people should be protecting banks and so forth there was no ... and whatever was coming from Europe in that regard, there was no legal clout behind that. Is that what you're saying this morning?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: And likewise with burnt senior bondholders, yes?

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Okay, thank you. Deputy Joe Higgins, three minutes.

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Final question now, Deputy.

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Deputy Kieran O'Donnell.

Committee of Inquiry into the Banking Crisis: Nexus Phase (16 Jul 2015)

Ciarán Lynch: Final question, Deputy.

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