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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 64: In page 71, line 34, to delete “has” and substitute “have”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: It will apply for individuals as well.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: Where a regulated firm or an individual agrees to enter into a settlement agreement with the Central Bank, a reduction may be applied to the sanction. Details of the early settlement discount scheme are set out in the outlines of the administrative procedure of 2018. Once the terms of the settlement agreement have been agreed by the Central Bank and the regulated firm or individual, the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I will answer that question shortly.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I will deal with the two points the Deputy has put to me. First, as to whether a financial services provider can pay the fine on behalf of an individual, yes, that is possible - it can. I am advised that changing that would require a lot of careful consideration regarding how it could be done and would take further legislative work. The answer to the Deputy's question is that, yes, it can...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I do not believe we should pay people. We should not have to pay people for revealing wrongdoing or reward them for so doing. That is my initial reaction to it. With regard to people who bring forward information under whistleblowing legislation, in my experience, the overwhelming majority of them do it for good reasons. I worry that offering financial reward for that could send out the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I believe the Deputy is correct.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 64: In page 71, line 34, to delete “has” and substitute “have”. This is a group of amendments that includes Nos. 65 to 67, inclusive. Amendment No. 65 removes a definition no longer required. Amendment No. 66 is a technical amendment to include all notices issued by the bank so that none are excluded. Amendment No. 67 provides clarity as...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 65: In page 72, lines 2 to 6, to delete all words from and including “In” in line 2 down to and including line 6 and substitute the following: “In this section, “inquiry decision” has the same meaning as it has in section 33AW of the Act of 1942 as substituted by section 53.”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 67: In page 72, to delete lines 10 to 15 and substitute the following: “(3) Section 33AW of the Act of 1942 as substituted by section 53applies in relation to an inquiry decision made before the commencement of section 53if the decision has not, before that commencement, been notified by the Bank to the regulated financial service provider or person concerned....

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 68: In page 72, between lines 15 and 16, to insert the following: “Disqualification under section 33AQ of Act of 1942 in case where contravention or participation occurred before commencement of section 46 93. (1) For the purposes of the imposition of a sanction in respect of the commission, before the commencement of section 46, of a prescribed contravention,...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 69: In page 72, between lines 15 and 16, to insert the following: “Continuing functions under section 33BE of Act of 1942 94. (1) A person who, before the commencement of section 66, has taken any action referred to in any of the paragraphs of subsection (4) of section 33BE of the Act of 1942, as amended by section 66, as the said subsection (4) applies in...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I hoped to be in a position to go to Report Stage next week but that has not yet been confirmed to me. At this point it is very likely that the most we would get done is Report Stage in the Dáil next week. That means it will have to go to the Seanad in the new year.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 39: In page 57, line 1, to delete “an order” and substitute “a direction”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (Resumed) (7 Dec 2022)

Paschal Donohoe: I move amendment No. 66: In page 72, lines 7 and 8, to delete “under section 33AP of the Act of 1942” and substitute “by the Bank”.

Written Answers — Department of Finance: Tax Code (6 Dec 2022)

Paschal Donohoe: As the Deputy is aware, I committed to a comprehensive review of the DDS as part of a broader review of mobility supports. In order to achieve this objective, Minister O’Gorman agreed in September 2021 that the DDS review should be incorporated into the work of the National Disability Inclusion Strategy (NDIS) Transport Working Group (TWG). The Working Group, under the...

Written Answers — Department of Finance: Insurance Industry (6 Dec 2022)

Paschal Donohoe: The Action Plan for Insurance Reform, published in December 2020, is a whole-of-Government strategy containing several initiatives expected to positively impact insurance costs. The third Action Plan for Insurance Reform Implementation Report was published in November. This shows that work is progressing well to implement these important reforms, with 90 per cent of the actions already...

Written Answers — Department of Finance: Personal Injuries Assessment Board (6 Dec 2022)

Paschal Donohoe: I propose to take Questions Nos. 170 and 172 together. Insurance reform is a key priority for the Government, and is being driven by the implementation of the Action Plan for Insurance Reform. One of the principal actions from the Action Plan has been the implementation of the new Personal Injuries Guidelines, in April 2021.  These have significantly lowered award levels for many...

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