Written answers

Thursday, 1 March 2012

Department of Finance

Financial Services Regulation

5:00 pm

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 65: To ask the Minister for Finance if he will confirm that when a credit union has the technology available to it enabling its members access their funds remotely for point of sale transactions and web payments, these payments are third party electronic payments exempted under Statutory Instrument No. 838/2007; and if he will make a statement on the matter. [11958/12]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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Section 48 of the Credit Union Act 1997 provides that a credit union may offer additional services to its members subject to these services appearing to the Central Bank of Ireland to be of mutual benefit to its members. Each credit union is required to apply to the Registrar of Credit Unions for permission to provide the service. However, in cases where a service appears to the Central Bank to generally involve no risk to the assets of the credit union or the funds of its members, the Minister for Finance has powers under Section 48(2) of the Act to make regulations under Section 182, exempting such a service from the requirement to have the separate prior approval of the Registrar.

S. I. No. 838/2007 sets out the Credit Union Act 1997 (Exemption from Additional Services Requirements) (Amendment) Regulations 2007. These regulations were made by the then Minister for Finance under Section 182, following consultations with the Registrar of Credit Unions. They provide that individual credit unions can offer any service whereby a credit union member may arrange to have transferred to or from his or her account third party payments by way of electronic funds transfer or otherwise, without requiring the prior approval of the Registrar of Credit Unions at the Central Bank.

It is not possible to be definitive on whether the services to which the Deputy refers would be third party electronic payments exempted under S.I. 838/2007 in all circumstances. It is a matter for individual credit unions to ensure, in the context of the specific nature of a proposed service, if the proposed service falls within the definition under SI 838/2007. In addition to the provision of such services being required to meet the requirements under those Regulations, credit unions are also required to meet all legislative and regulatory requirements under the Credit Union Act 1997 including the provisions set out in Section 32 (3) of the Act, relating to restrictions on withdrawal of members' savings.

The Registrar of Credit Unions has advised that a circular, which issued to all credit unions on 27 January 2010, states that any credit union considering providing new card services to their members is required to contact the Registry of Credit Unions prior to developing any such services.

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 66: To ask the Minister for Finance if he will confirm that credit unions which already have the facility to offer their members their own individual bank accounts, will be included in any programme to promote a basic payment account to the unbanked; and if he will make a statement on the matter. [11962/12]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The Final Report on the Strategy for Financial Inclusion which was published on my Department's website in March 2011 identified that the credit unions have the potential to play a key role in the provision of the basic payment account and in the promotion of financial inclusion in the future. It is planned that there will be a pilot stage for the basic payment account which is expected to commence in mid 2012. Following an analysis of the outcome of the pilot stage, it is intended to roll the account out on a nationwide basis in 2013. It is expected that all credit institutions, including credit unions, will be able to participate in the provision of the basic payment account in 2013, provided they have the appropriate technology, infrastructure and systems and controls in place to provide this service.

The Commission on Credit Unions is examining the issue of 'social lending' and how credit unions can play a role in providing financial services and products to meet the needs of low income groups and the unbanked. The final report of the Commission is due to be submitted to me by the end of March 2012.

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