Jack Wall (Kildare South, Labour)
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Question 110: To ask the Minister for Finance if the representations from a support group (details supplied) will be determined; and if he will make a statement on the matter. [15043/11]

Michael Noonan (Limerick City, Fine Gael)
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As the Deputy can appreciate it is a commercial decision for any Bank as to what customers it wishes to deal with. A balance must be maintained by the Government between support provided for individual banks and financial service providers generally through the bank guarantee scheme, other financial support incentives and broader public policy provisions, while at the same time, ensuring that the day-to-day running of these institutions has regard to competition, market conditions and the need to develop stable commercial enterprises to meet the long term credit needs of households and businesses in the Irish economy.

The Central Bank's Consumer Protection Code (the Code) is applicable to all entities which the Central Bank regulates (regulated entities). The Code requires, among other things, that a regulated entity must ensure that in all its dealings with customers and within the context of its authorisation it acts: honestly, fairly and professionally in the best interests of its customers and the integrity of the market and with due skill, care and diligence in the bests interests of its customers.

Any breach of the Code may be considered under the Central Bank's Administrative Sanctions Procedure. If the customer falls within the definition of "consumer" for the purposes of the Code he or she is entitled to additional safeguards under the Code. For example, where a regulated entity intends to amend or alter the range of services that it provides, it must give notice to affected consumers at least one month in advance of the amendment being introduced.

If a regulated entity no longer wishes to do business with a customer, it should explain why not and give the customer ample time to make other arrangements. If a consumer feels that he or she has been improperly treated, or that he or she has grounds for complaint for some other reason, then a complaint can be made directly to the regulated entity using the regulated entity's formal complaints system. If the complaint has not been addressed to his or her satisfaction, the consumer may refer the complaint to the Financial Services Ombudsman, who deals with individual consumer complaints. The Ombudsman will adjudicate on the complaint on the basis of the regulatory requirements on the regulated entity.

For the purposes of the Code a "consumer" is any of the following: a natural person acting outside his or her business, trade or profession; a person or group of persons but not an incorporated body with an annual turnover in excess of €3 million; incorporated bodies having an annual turnover of €3 million or less in the previous financial year; a member of a credit union.