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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: That is just one example. There are others-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: Yes. I refer to somebody like the deputy head of the risk committee, that is, the second in command in terms of risk.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: The chair of the risk committee would be captured, for example, but other members of that committee would not be captured. Is that correct?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: Okay.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: I just want to tease this out a bit. I asked a question about expanding the list. Let us take the example of Permanent TSB and look at its structure and board of directors. There is the chairperson who is, as the Minister said, a non-executive director. The CEO will be captured, as will independent non-executive directors, that is, all of the board members. There is also the company...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: That is a bit looser than other definitions. They are additional responsibilities and I just-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: Yes, they are subject to those but they would not necessarily be subject to the provisions for those who have a pre-approved controlled function. Company secretaries will not have to provide details to the Central Bank on their areas of responsibility because they are not pre-approved controlled functions under the list from the Central Bank, despite the fact that they sit on the board,...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: I know we can amend this list but the point I am making is that as we move from the concept of persons concerned in the management of the financial services provider to the concept of those with controlled functions, we need to be really sure that nobody is avoiding the net. I know there are numerous ways to do it in terms of influence and others are captured but-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: Will the Minister clarify the intention behind section 42?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: Amendment No. 18 relates to someone who would be subject to the investigation by the bank. Is it the case that the report is furnished to him or her and any submissions and that section 33AK, with which we are all too familiar, prevents him or her from discussing or disclosing the content of the report despite the fact that might -----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: And they can bring it to their legal representative?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: That is someone who could be suspended from his or her job.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: Would such a person be allowed to bring it to his or her union representative?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: I understand but there may be cases that we are looking where people did not break the regulations or there might be other motivations within regulated financial institutions and so on. I am not that familiar with the tribunal but would the union not be involved in any of these? I know they are dealing with sanctions such as fines issued by the Central Bank but now we are dealing with...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: I hear what the Minister is saying but the amendment he is putting forward puts the wrong emphasis on this. While it allows the report to be furnished to a third party, if authorised to do so by the bank in writing, on the principle of trade union representation, which is an employment hearing in reality, the individual should by right be able to discuss the report, which is the subject to...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: But that is not the way it is written. The way it is written here is that the starting point is the worker cannot share the report with his or her trade union representative. If you want to share the report with your trade union representative, regardless of how mundane the matter is and regardless of the fact that there could be nothing sensitive at all, you have to get the authorisation...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: The committee should meet as quickly as possible to try to get the Bill passed.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: No, that is fair enough. I understand that. They would be regulated here as well in terms of passporting.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank (Individual Accountability Framework) Bill 2022: Committee Stage (30 Nov 2022)

Pearse Doherty: I would believe so. I imagine that any Minister for Finance would make the resources available if the Central Bank were to inform him or her that it could not carry out an investigation into suspected activities within a bank or a regulated financial institution. For that reason I do not understand why this provision is in the Bill. I do not think we give the Garda the right to decide not...

Ceisteanna ó Cheannairí - Leaders' Questions (29 Nov 2022)

Pearse Doherty: And according to the Taoiseach, the banks were never bailed out in the first place. Is that not right? Give them the bonuses and the pay. They were never bailed out in the first place.

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