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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Perhaps Ms Rowland could furnish information to the committee on that point. If it is explicit in a contract, such as in this KBC Bank contract I have in my possession, that the lender shall remain responsible for all aspects of the administration relating to the loans, then the committee really needs to know this information. I ask that we be given it in writing.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: It is in a lot of contracts. As Senator Paddy Burke said, it is not just in one contract. It is in a lot of the contracts the Central Bank deals with all of the time.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: No. At that point, the person had the contract with the lender.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: The lender is defined as, for example, KBC Bank.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: There is no provision for that, which is why the Central Bank has a real-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: There is real ambiguity in the Central Bank's interpretation of all of this in terms of who the lender is in the chain and whether these loans are being sold and then sold on again. Surely everything has to come back to the original contract.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: It is clear as mud. I want to move on to the tracker issue. The Central Bank has identified a number of people responsible for the tracker scandal.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: The Central Bank knows there is a number. I am not asking for details but the Central bank knows-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Yes, I appreciate that.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Does Ms Rowland have a timescale as to when she expects the results to be known?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: I want to go back to when Professor Lane was before us on 18 January. He spoke about the prevailing rates and we had a lengthy discussion on them. He stated that the Central Bank had got expert advice and that he was going to make that legal advice available to us. Has that been made available? It was with regard to the interpretation of the construction of the contracts.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: I do not want to go over that again but when it was put to Professor Lane that it would be helpful if he and the Central Bank wrote to the committee setting out the assessment of the prevailing rate issue and the factors taken into account in arriving at the broad conclusion on the approach of the institutions in interpreting the prevailing rate, he stated that in a verbal two-way...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: I have it here.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: I am sorry-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: This really is not good enough. This is such a serious issue. The Central Bank committed to outline on paper exactly what informed its decisions in this regard. I absolutely know that this will be tested in the courts and I am concerned that Professor Lane will be gone at that stage. I wish him well in his new job. However, for the Oireachtas Joint Committee on Finance, Public...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: I know what Professor Lane is saying but I also know that after each of these meetings, the transcripts are forensically examined by people in the Central Bank and all of the other banks as to the direction in which we are going and what frames this. I ask that, as a matter of urgency - because it has not yet been done - the Central Bank does what it committed to do on 18 January to help us...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Does Ms Rowland know of any case that has been successfully appealed?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Is it that AIB is setting the narrative in such cases?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank of Ireland: Discussion (26 Mar 2019)

Rose Conway Walsh: Will our guests remind me of the make-up of the independent appeals panels? It seems unusual that all cases would be rejected in favour of the bank's interpretation.

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