David Stanton (Cork East, Fine Gael)
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Question 117: To ask the Minister for Finance the way that persons who hold neither a passport nor a driving licence can prove their identity; and if he will make a statement on the matter. [25076/10]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I assume that the Deputy's question relates to the obligation on financial institutions and others to identify their customers under the Anti Money Laundering provisions of the Criminal Justice Act 1994.

Section 32 of that Act requires financial institutions and others to take reasonable measures to identify their customers. Recommended procedures for the implementation of this provision are set out in Guidance Notes issued under the aegis of the Money Laundering Steering Committee which is chaired by the Department of Finance and includes representatives of financial services industry bodies, the regulatory authorities and State Agencies, including the Garda Síochána.

Identification of a customer comprises two elements. These are name verification (typically evidenced by photograph - bearing document such as passport, driving licence or other reputable source document) and address verification. Paragraph 28 of the Guidance Notes states that any measures adopted by credit institutions should not deny a person access to financial services solely on the grounds that they do not possess certain specified identification documentation. Paragraph 45 of the Guidance Notes provides for those persons who cannot reasonably be expected to produce certain forms of identification, such as a person who does not have a passport or driving licence and/or whose name and Irish address does not appear on a utility bill, electoral register or directory.

The credit institution may use either of the following methods, as an alternative to a passport/driving licence, to verify name: - Identification form with photograph signed by a member of the Gardai or - Documentation/cards issued by a Government Department showing the name of the person and Letter/statement from a person in a position of responsibility (e.g. a solicitor, accountant, doctor, minister of religion, teacher, social worker, community employment scheme supervisor) who is in a position to confirm the person's identity to the credit institution. In such instances the person providing the letter/statement must present themselves to the relevant credit institution providing proof of their own identity and verifying their status to the credit institution.

The Deputy may be aware that the Anti Money Laundering provisions of the Criminal Justice Act 1994 will be replaced by the Criminal Justice Money Laundering and Terrorist Financing Act 2010 whose provisions are expected to be commenced shortly. The new Act requires customers to be identified on the basis of documents or information that a credit institution has reasonable grounds to believe can be relied upon to confirm the identity of the customer including documents from a Government source. This requirement will be supplemented by guidelines which will give examples of the type of documents which may be accepted for identification purposes. The range of acceptable documents under any new guidelines is likely to be broadly similar to those provided for under existing guidelines.