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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I thank the Chairman. I welcome the opportunity to appear before the committee with regard to this legislation. There was wide cross-party support for the need for this legislation during the Second Stage debate. Essentially, the Bill aims to bring under the authorisation of the Central Bank financial products of which most people are very well aware and familiar with. One such product,...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I move amendment No. 1: In page 9, to delete lines 24 to 26 and substitute the following:“ (c) either— (i) the originator, sponsor or original lender of the securitisation, or (ii) in the case of a traditional NPE securitisation, the servicer, where it can demonstrate that it has expertise in servicing exposures of a similar nature to those securitised and that it has...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I move amendment No. 2: In page 9, to delete lines 40 to 42 and substitute the following: “(c) either— (i) the originator, sponsor or original lender of the securitisation, or (ii) in the case of a traditional NPE securitisation, the servicer, where it can demonstrate that it has expertise in servicing exposures of a similar nature to those securitised and that it has...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: Effectively, most of the Bill will have to have commencement orders. We want to do it as soon as possible. As soon as the legislation is passed by the Oireachtas, we will immediately discuss with the Central Bank the timing of the commencement orders. As we speak today, frankly, we do not have a date for the commencement orders of this section other than to say it will be done as quickly...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I understand the Deputy; it was a good question.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: It is a fair question. There have been discussions with the Central Bank and no delays are envisaged. Until it passes through the Oireachtas, however, we cannot tie that down. The Bill passes from here to the Seanad and we hope it will be well cleared through the Oireachtas very soon. The only commitment I can give is that I will be happy to come back and provide information on an exact...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I was just about to say that I will give a commitment here that we will address that matter on Report Stage. I do not envisage that that will be too far away in the Oireachtas schedule. It is a point that we will seek to clarify before Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I move amendment No. 3: In page 14, line 21, to delete “Minster” and substitute “Minister”. The purpose of this amendment is to correct a typographical error at line 21 on page 40.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I will read the note that I have on this section, which will deal with the Deputy's point. The section provides that the Minister for Finance may request that the Central Bank, using the powers under the Central Bank Act, to collect and publish information on credit hire purchase agreements, including PCPs and consumer hire agreements, or services provided by retail credit and credit...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I understand what the Deputy is saying. We all know that electric vehicles are substantially more expensive than other vehicles that are currently on the road. Therefore, there will be a dual difficulty here. People are going to want to change sooner in order to go carbon neutral and there is also the high cost of new cars. I have not addressed that particular issue yet. It may be...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: Yes. What I will say is that the Department of Finance would not have direct answers. Much of that would be available through the motor trade. However, will endeavour to talk to whichever Department and whatever is the relevant agency in the motor trade, perhaps the Society of the Irish Motor Industry. Various organisations which may have information. We will assemble what we can, but it...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: We will endeavour to get what information we can.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: All I can say, and I would like everyone in the room to hear this, is that the Department of Finance has no particular knowledge of or is not a fountain of knowledge on this matter. Through the Society of the Motor Industry of Ireland, we will try to obtain what information we can. We try to get information. When some people talk about electric cars, they might be referring to hybrid cars...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: The other point is, as everybody knows generally with the PCPs, the cars with the high mileage, such as those outside of the urban areas are the ones that give rise to a big difficulty at the end of the period. This is because some of contracts are based on annual mileage. Some people in urban areas feel that these cars are great. However, people who are doing 40,000 to 50,000 km per annum...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I do not have that information. There is probably another Oireachtas committee that can deal with the issue of electric cars and transition arrangements. All we are dealing with here is the financing of the PCP products, which can involve any car, be it electric or non-electric. The type and model do not concern the Department of Finance; it is dealing with the regulation of the finance...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: I move amendment No. 4: 11. Section 3 of the Act of 1995 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (e): "(e) credit granted or made available without payment of interest or any other charge, other than where such credit is granted or made available by a person who has invited, by way of advertisement, consumers to avail of such...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Consumer Protection (Regulation of Retail Credit and Credit Servicing Firms) Bill 2021: Committee Stage (23 Feb 2022)

Seán Fleming: Yes.

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