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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: That is a valid point. That is the objective.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 65: In page 22, subsection (3)(a), line 23, after “required” to insert “or permitted”.Amendment No. 65 allows the gateways to sections 33 AK (3) to (5) to operate via section 32. The deletion of section 33 is necessary so as to allow the gateways in sections 33 AK (3) to (5) operate via section 32. Amendment No. 66 inserts the word...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 66: In page 23, after line 11, to insert the following new section: 35. -Section 33AK of the Central Bank Act is amended in subsection (1)(h) by inserting “or is or was an agent engaged by the Bank” after “Bank”.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 1 to amendment No. 66: In page 23, after line 11, to insert the following new section: “Amendment of section 33AK of Central Bank Act 1942. 35.--Section 33AK of the Central Bank Act 1942 is amended in subsection (1)(h) by inserting “or is or was an agent engaged by the Bank” after “Bank”.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 67: In page 5, line 16, before “AND” to insert “TO AMEND THE CENTRAL BANK ACT 1942;”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: On a point of information for colleagues, I wish to bring to the committee’s attention that the Government intends to introduce an amendment to the Credit Reporting Bill 2012 on Report Stage. This amendment is to provide a legislative base for Ireland to make transfers from the Central Fund to an intermediate account operated by the ESM on behalf of the euro area member states. There...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I will have to take advice on that and refer back to the Deputy, because how could the person consent in that case?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I accept that point.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: We will look at that. I will be seeking advice on privacy as well. There would be privacy issues around this.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: The point the Deputy makes is valid. We will have a look at that again to see if it needs to be tweaked.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: We will also take a look at the advice from the National Consumer Agency.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: That is under section 29(2) which refers to a credit provider who knowingly uses the information. Subsection (6)(c) provides that a person guilty of an offence under this section is liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding six months, or both.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: We will check that out. There must be a monetary limit on it, but I do not know what it is.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: It provides for an alternative of imprisonment for six months, which is quite significant.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 52: In page 16, subsection (1), between lines 24 and 25, to insert the following: “(c) when access to the information is to be given, and”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 53: In page 16, between lines 26 and 27, to insert the following subsection: “(2) Regulations under subsection (1) may make different provision in relation to --(a) different classes of persons who are applicants to access information held on the Register, or (b) different descriptions of information so held.”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 54: In page 16, subsection (3), line 33, after “credit” to insert “information”.This is a correction of an error to the original drafting of the Bill and it ensures that the section is clear in its application. The reference is to "credit information provider", not "credit provider".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 55: In page 17, subsection (1), line 6, to delete “has been, or may have been,” and substitute “may have been, may be being or may be about to be”.Section 19 as contained in the Bill refers to "identity theft", as when a credit information subject indicates a reasonable suspicion that his or her identity had been compromised. Such reasonable...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 56: In page 17, before section 20, but in Part 2, to insert the following new section: 20.--(1) Nothing in this Act limits the operation of the Data Protection Acts 1988 and 2003. (2) Sections 2, 4 and 6 of the Data Protection Act 1988 shall have effect as if--(a) references to personal data included relevant credit data, and (b) a person to whom this section applies...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Credit Reporting Bill 2012: Committee Stage (23 Oct 2013)

Brian Hayes: I move amendment No. 57: In page 18, between lines 8 and 9, to insert the following subsection: “(3) Regulations under subsection (2) may make different provision in relation to--(a) different classes of credit information providers, or (b) different classes of credit information subjects.”.

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