Seanad debates

Tuesday, 6 July 2010

Central Bank Reform Bill 2010: Committee and Remaining Stages

 

9:00 pm

Photo of Tony KilleenTony Killeen (Clare, Fianna Fail)

To return to the point made on section 50, I had a quick look at the provision while the Senator was speaking and it seems to be open in encompassing anybody who might have a function about which the bank might have a concern in regard to his or her duties and responsibilities. Even section 22(4)(a) seems clear. It reads: "in the case of a regulated financial service provider that is a body corporate of a prescribed class, a person who holds or performs the duties of any of the following position or offices in a regulated financial provider shall be taken to exercise a significant influence on the conduct of the regulated financial service provider's affairs". That seems to encompass any person who is trying to circumvent the rules by designating a post with a particular title. The section encompasses responsibilities rather than titles, even where an attempt is made by a particular institution to circumvent the rules in the manner outlined by the Senator.

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