Results 6,101-6,120 of 36,116 for speaker:Pearse Doherty

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

Pearse Doherty: Thus, the Department has no concerns with regard to the ability to hold somebody to account with regard to planning a contravention that has not yet taken effect.

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

Pearse Doherty: I understand that and I understand the planning of a contravention would be captured in the conduct standards. It is like saying in criminal law that everyone should be nice to each other and if they are not nice to each other, they can be found guilty. However, not being nice to somebody may be planning the murder of somebody else. As the Minister has read out, somebody could be held...

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

Pearse Doherty: Of course.

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

Pearse Doherty: With regard to section 45 and the notice provided to the individual who is the subject of the inquiry, will the Minister inform the committee whether the inquiry will have the powers to notify others to appear before it such somebody who has evidence that Mr. X or Mrs. X has contravened specific provisions? Is that allowed? Where in the legislation do we have to serve notice with regard to...

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

Pearse Doherty: I thank the Minister and I take his word as to there being a legislative basis or not. The key question I had, because we are dealing with the powers of the inquiry and so on, was that I thought there would be provision in this legislation to make sure. This could be subject to severe legal challenges depending on what happens in the future. Is the Minister informing the committee that...

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

Pearse Doherty: This is the first time that an inquiry of this nature is being established in legislation. The way it is being established and the panel that will be appointed has not existed heretofore. Is that correct?

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

Pearse Doherty: It goes to the core of it.

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

Pearse Doherty: I appreciate that regarding the case and the notification that has to apply to a person concerned, however, while there is a regulatory committee set up within the bank already, in this legislation we are creating the entire architecture which you could argue is something similar but the panel that will be appointed by the Minister in conjunction with the bank, which we deal with in later...

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

Pearse Doherty: Is that inquiry we are looking at in terms of Section 33BA the same? The Minister makes the point that this will be the same inquiry that is being established under this legislation?

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

Pearse Doherty: Okay.

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

Pearse Doherty: I will ask a brief question on the balance of probabilities. Will the Minister inform the committee regarding that measurement in relation to the bank making a finding and if that is standard in these matters?

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

Pearse Doherty: On section 48, two things that jump out at me on this. This obviously deals with what would be taken into account in terms of the level of monetary penalty to be imposed on a person following an investigation or following a determination that there has been a contravention. There are a number of issues mentioned here. One issue that is not there is the length of time that the contravention...

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

Pearse Doherty: My apologies. I see it there. I have a second issue, just to be sure to be sure on this, and this is why we tease these things out on Committee Stage. There is many a piece of legislation I go through just to see the intention and this piece has never ever been discussed so bear with me. Obviously, the courts can actually draw from the discussions that happen on Committee Stage in terms...

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

Pearse Doherty: I do not think the first point is valid because it is only concerned with an individual bringing the contravention to the attention of the regulated financial service provider or the Central Bank. I am talking about somebody who has been found out and has not co-operated. In that instance, there would be no reduction in the penalty because there was no degree of co-operation. For somebody...

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

Pearse Doherty: I would argue that somebody who is non-co-operative, who does not co-operate with the investigation, is different from somebody who actively frustrates an investigation. There could be instances, for example, and this could be a contravention in itself, where people could do certain things to put documents beyond reach and so on. It is not just about non-co-operation but about actively...

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

Pearse Doherty: That would require a whole other process. If somebody was frustrating the process in the middle of an investigation, would that not be a contravention in itself? Would it not then require an examination and a report and, therefore, an inquiry if the person did not consent to the determination? It would be necessary to go through the process in terms 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)

Pearse Doherty: I am happy to leave it at that. As I said, in any of these disputed issues in the courts, the legislation is looked on as law, but so are the proceedings in this House. This is why I wanted to tease out this issue and make it very clear that the Central Bank has the power, not just in relation to the degree of co-operation, but also to look at non-co-operation and frustration. I am happy...

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

Pearse Doherty: Section 52(a) states: If the Bank suspects on reasonable grounds that— (a) a person is committing or has committed a prescribed contravention, or (b) a person is participating or has participated, while performing a relevant controlled function, in the commission of a prescribed contravention by a regulated financial service provider, it may, except where the person acknowledges...

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

Pearse Doherty: So far in the Central Bank.

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

Pearse Doherty: Was this even with individuals or are we just talking about institutions?