Robert Troy (Longford-Westmeath, Fianna Fail)
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To ask the Minister for Finance if he will examine the current number of board members who are still in situ on the boards of banks here even though they are responsible for some of the disastrous policies that contributed to the economic collapse; if he intends to make these people answerable for their actions; and if he will make a statement on the matter. [42476/12]

Michael Noonan (Limerick City, Fine Gael)
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As the Deputy is aware, in response to the Nyberg report and with regard to the restructuring of the banking sector, I stated:

"A programme of rotation of board members, commencing with board members appointed before September 2008, will be expected to be part of the plan. This should apply to both Executive and Non Executive Board members and provides a process to ensure a smooth succession of incumbent board members who were in place before September 2008. I expect this succession to be substantially completed by early 2012, and will use my powers as shareholder to affect such changes if necessary."

Across the financial institutions covered by the Credit Institutions (Financial Support) Act 2008, only 1 of the 43 board members currently in place was in place in September 2008. That single director, Mr. Richie Boucher of Bank of Ireland, has passed a full fitness and probity review by the Central Bank. The Central Bank Reform Act 2010 became operational on 1 December 2011 when the Central Bank prescribed regulations into law setting out those functions (“controlled functions”) which would be covered by the Act, and a smaller subset of controlled functions (“pre-approval controlled functions” or “PCFs”) which will require the prior approval of the Central Bank before an appointment can be made to a Bank. The Central Bank fulfils its functions under the Act by processing applications for approvals to all PCFs in all regulated financial service providers since 1 December 2011. The Central Bank may refuse to approve a proposed appointment to a PCF role where it is of the opinion that the proposed appointee is not of such fitness and probity as is appropriate to perform the relevant function. Where the Central Bank refuses to approve a proposed appointment, then a regulated financial service provider may not appoint the person to the role.

Further, the Central Bank as part of its role in the ongoing supervision of the financial services sector, including the banking industry, may from time to time consider that there is reason to suspect the fitness and probity of any person performing a controlled function and may commence an investigation into that person. The existence and progress of such investigations are confidential and details of such investigations may not be disclosed by the Central Bank. As previously announced, the Central Bank is reviewing the position of executive and non-executive directors of covered institutions that received state support and who are remaining in director posts after 1 January 2012 to decide whether or not an investigation into any of those persons might be appropriate. This process provides opportunities for persons to make representations to independent decision makers appointed by the Central Bank. The Central Bank does not comment on individual cases. All assessments of fitness and probity of persons being proposed to PCF roles, and of persons performing controlled functions are made with respect to the criteria set out in Section 25(3) of the Act and a Code issued by the Central Bank under Section 50 of the Act entitled “Fitness and Probity Standards (Code issued under Section 50 of the Central Bank Reform Act 2010)".