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Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: I am trying to say to Mr. McDonald that there were checks and balances. If the Department or local authority were dissatisfied with a zoning there was another method in which the funding was not provided.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Was it used?

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Could I ask Mr. McDonald about the guideline on sustainable residential development in urban areas, which went back as far as 1999? It was effectively a guideline for the planners on the quantum of units per acre. What is Mr. McDonald's view on the figure for villages and small towns, which was from 400 to 2,000?

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: People. The guideline was for up to 20 houses or units per acre. What is Mr. McDonald's opinion on that guideline?

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Can I pursue this because my time is running very short? If there are 400 in a village, or three people per house and 150 or 160 houses, and one adds 20 houses per acre, that is seven acres. That doubles the size of a residential unit.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Yes. My point is that it is a big island with a small number of people. The guidelines were the same guidelines, the one-fits-all-----

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Yes.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: They applied to communities of 400 to 2,000.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Of the 11 of us on the inquiry team, eight were councillors at some stage. Mr. McDonald was very harsh on councillors. If he were itemising the mistakes made overall in terms of councillors in conjunction with planners, the guidelines and An Bord Pleanála, how would he lay the blame?

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Sectors.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Sectors.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Section 47.

Committee of Inquiry into the Banking Crisis: Context Phase (12 Mar 2015)

Michael D'Arcy: Only in some.

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: Professor Farrell made the point that if there was a better funded and structured committee system, the Government arguments, say, in regard to the bank guarantee, could have been tested. I refer to the evidence we have heard and discussed on the information given to the Government, and subsequently after the guarantee by PwC. PwC had six months in the banks to see whether they were...

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: I refer to the confines imposed by the Abbeylara judgment. A large proportion of Professor Farrell's submission was about the expansion of committees but I seek his views in the context of the confines of the Abbeylara judgment and then subsequently, the confines of the referendum that was lost to expand the powers of a committee of investigation.

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: What is the view of Professor Farrell regarding a committee potentially impugning the good name of a citizen?

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: Earlier, Senator MacSharry discussed the reluctance, not just of the body politic itself but of the public to change. For instance, the Constitutional Convention was reluctant to move away from proportional representation through the single transferable vote, PR-STV. Can Professor Farrell shed some light on why the public and the body politic are reluctant to change a system which, in his...

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: Finally, what is Professor Farrell's view of the quality of the referendums? As he has stated we have had more referendums than most, what is his view on their quality and the impact of the change in the general system?

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: I thank the professor for attending. I refer to the paper written jointly by herself and Professor Blánaid Clarke. On page 31, it states that "directors of both AIB and Bank of Ireland held simultaneous appointments on the board of the Central Bank." Did that happen in Canada? Professor Hardiman has given Canada as an example of a good regulatory regime.

Committee of Inquiry into the Banking Crisis: Context Phase (11 Mar 2015)

Michael D'Arcy: The discussion paper continued: In September 2008, against the backdrop of this deliberate policy of light-touch regulation that the regulator insisted that Anglo was not insolvent and that it had enough assets to cover its debts. There is no evidence to suggest Anglo is insolvent on a going-concern basis. It is simply unable to continue on a current basis from a liquidity point of view,...

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