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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: I move amendment No. 58: In page 18, subsection (1), line 39, to delete “to the Bank”.Amendments Nos. 58 to 62 provide that any party engaged by the bank to operate any aspect of the register is able to recover levies owing to it by way of court proceedings, instead of requiring the Central Bank to bring such proceedings. Amendment No. 63 allows the bank to publish and sell...

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. 59: In page 19, subsection (2)(c), line 7, to delete “to the 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. 60: In page 19, lines 16 to 18, to delete subsection (4) and substitute the following: “(4) The Bank may enter into arrangements with any person in relation to the collection of the levy; and the amount of any levy payable is recoverable as a simple contract debt by proceedings in a court of competent jurisdiction by the Bank or any person with whom the Bank has...

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. 61: In page 19, subsection (1), line 21, to delete “to the 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. 62: In page 19, lines 34 to 36, to delete subsection (4) and substitute the following: “(4) The Bank may enter into arrangements with any person in relation to the collection of fees payable under regulations under subsection (1); and the amount of any fee so payable is recoverable as a simple contract debt by proceedings in a court of competent jurisdiction by...

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

Brian Hayes: The Minister, Deputy Noonan, already publicly outlined his support for the intention set out in the amendment. The question is whether this is necessary in the context of the legislation, because we think this can be done by way of regulation. The objective outlined by the Deputy in his amendment is also the objective of the Minister for Finance. If the Deputy is agreeable, we will table...

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. 48: In page 16, paragraph (b), lines 4 and 5, to delete all words from and including “the” in line 4 down to and including “taking” in line 5 and substitute the following:"any risk arising from the affording or extending of credit to, or the taking of".Amendment No. 48 and the substituted version of paragraph (c) are designed to remove the risk...

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

Brian Hayes: Generate more business.

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

Brian Hayes: I understand. Section 17 deals with the matter in that it sets out the purposes for which the information can be used by the credit information provider. The purposes are set out in subsections (a) to (e). These include: verifying information provided in or in connection with a credit application; evaluating the risk of affording or extending credit to, or taking a guarantee or indemnity...

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

Brian Hayes: The Deputy makes a valid point. The subsection states, "evaluating the risk of affording or extending credit to,", which is neutral. The Deputy is correct in that it stands alone. The term is open-ended and continues, "taking a guarantee or indemnity from, a credit information subject;". We should examine the language as it must be more explicit.

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

Brian Hayes: That would require an amendment to section 17. We will consult and I give my word that before we come back on Report Stage, I will revert to the Deputy on the issue before we take action.

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. 50: In page 16, lines 7 to 14, to delete paragraphs (c) and (d) and substitute the following:"(c) evaluating any risk arising from any changes to the nature or term of a credit agreement, or to a guarantee or indemnity given in connection with a credit agreement; (d) monitoring any failure to comply with any obligation under a credit agreement or a guarantee or indemnity...

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. 51: In page 16, paragraph (e), line 18, to delete “made.” and substitute the following:"made; (f) analysing the nature of the credit information provider's portfolio of credit agreements.".

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

Brian Hayes: Yes.

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

Brian Hayes: We believe it is covered. It requires the consent of the individual concerned, and I understand that is already covered.

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. 35: In page 14, subsection (5), line 14, to delete "and to the impact on credit information subjects" and substitute the following:", the implications for the effective and efficient operation of the Register and the effect on credit information providers and credit information subjects".

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. 36: In page 14, subsection (2), lines 30 and 31, to delete all words from and including "any" in line 30 down to and including "person" in line 31 and substitute "the information".This proposed amendment deletes the word "any" in the section in question as the inclusion of this word may narrow the application of subsection (1) too tightly, since credit information...

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. 38: In page 15, subsection (7), line 4, to delete "and to the impact on credit information providers" and substitute the following:", the implications for the effective and efficient operation of the Register and the effect on credit information providers and credit information subjects".

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. 39: In page 15, subsection (1)(b), line 16, to delete "agreement made with" and substitute "application made to".The proposed amendment to subsection (1)(b) ensures that credit information providers have access to a guarantor's record on the register at the application stage of a loan backed by that guarantor, so they can assess the credit risk involved as accurately as...

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. 40: In page 15, subsection (2)(a), lines 26 and 27, to delete "agreement, or" and substitute the following:"agreement or has requested any other credit information provider to change the nature or term of any other credit agreement or a guarantee or indemnity given in connection with any other credit agreement, or".Amendments Nos. 42 and 43 are with regard to subsection...

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