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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 131: In page 48, lines 1 to 7, to delete Part 8.This deletes references that are no longer needed.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 132: In page 49, to delete lines 3 to 29.These are technical amendments.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 133: In page 50, to delete lines 8 to 21 and substitute the following: “ 1 Regulation 3(1) In the definition of “authorised officer” substitute “Part 3* of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Act 2010”. 2 Regulation 6(7) Substitute “Part 3* of the Central...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 134: In page 50, to delete lines 29 to 47 and substitute the following: “ 1 Regulation 3(1) In the definition of “authorised officer” substitute “Part 3* of the Central Bank (Supervision and Enforcement) Act 2013” for “Part 5 of the Central Bank Reform Act 2010”. 2 Regulation 9(7) Substitute “under Part 3* of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 135: In page 51, before line 1, to insert to insert the following new Part: "Section 5(3). PART 6 Amendment of European Communities (Reorganisation and Winding-up of Credit Institutions) Regulations 2011 (S.I. No. 48 of 2011) Item (1) Provision affected (2) Amendment (3) 1 Regulation 2(2) Insert the following subparagraph after subparagraph (x): “(xi) a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 136: In page 51, to delete lines 1 to 40.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 137: In page 52, paragraph 1(1), lines 5 and 6, to delete all words from and including “the employee's” in line 5 down to and including “consent” in line 6 and substitute the following:“the employee’s parent or guardian, with the consent of the employee”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 138: In page 54, paragraph 3(2)(b), line 25, to delete “, or both”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 139: In page 54, paragraph 3(4), line 36, to delete “the employee concerned may” and substitute the following:“the employee concerned (or, in the case of an employee who has not reached the age of 18 years, the employee’s parent or guardian, with the consent of the employee) or, with the consent of the employee, any trade union of which the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 140: In page 55, paragraph 3, to delete lines 1 to 21.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 141: In page 55, paragraph 4(1)(a), line 30, to delete “with his or her consent” and substitute “, with the employee’s consent”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 142: In page 55, paragraph 4(3), lines 51 and 52, to delete “and ending on the day the order is made” and substitute the following:“and ending on the day immediately before the day on which the order of the Circuit Court is made”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 143: In page 56, paragraph 5(1), line 8, to delete “paragraph 2(1)” and substitute “paragraph 2(1)(b)”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 144: In page 56, paragraph 5(2), line 17, to delete “paragraph 2(1)” and substitute “paragraph 2(1)(b)”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 145: In page 56, after line 21, to insert the following:“Amendment of Protection of Employees (Employers’ Insolvency) Act 1984. 6. Section 6 of the Protection of Employees (Employers’ Insolvency) Act 1984 is amended—(a) in subsection (2)(a)—(i) in subparagraph (xxviii) by deleting “and” after “that Schedule,”,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I move amendment No. 146: In page 7, line 15, to delete “CENTRAL BANK ACTS 1942 TO 2010” and substitute “CENTRAL BANK ACTS 1942 TO 2012”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: It could be grounds for a fitness and probity investigation and it would then fall into that space. If upheld it would carry the penalties associated with that legislation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: It would go down to anyone dealing with compliance issues or anyone interacting with customers.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: That is reasonable. I will read the note on amendment No. 43 and then consider whether an amendment is necessary for Report Stage. Subsection (5) in the published Bill provides for the protection of the identity of the person making the disclosure, except with their consent, or where divulging the identity of the person is necessary for an investigation of the matter to which the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Finance: Central Bank (Supervision and Enforcement) Bill 2011: Committee Stage (24 Apr 2013)

Michael Noonan: I will have a look at this again between now and Report Stage and will take all the views expressed here into account. The reason for having three complaints as the test for publication is that to publish with a lesser number of complaints might have a disproportionate impact on small brokers in a competitive situation in small towns. We could literally put somebody out of business if...

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