Written answers

Tuesday, 7 October 2014

Department of Finance

Financial Services Regulation

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)
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179. To ask the Minister for Finance his plans to review the operation of loans to small and medium enterprises which have been sold by banks to non-traditional lenders in order to ensure that small and medium enterprises are not being unfairly or aggressively treated by organisations which traditionally target high returns on their investments; and if he will make a statement on the matter. [38000/14]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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Primary responsibility for the supervisory oversight and regulation of financial institutions, funds and insurance companies rests with the Central Bank of Ireland.

Where the new owners of the loan books are regulated entities, or become regulated entities, they are subject to regulation and oversight by the Central Bank of Ireland. They must comply with the various Central Bank Codes including the Code of Conduct on Mortgage Arrears and the Code of Conduct for Business Lending to Small and Medium Enterprises.

Where the purchaser of a loan book has not been a regulated entity in Ireland, the purchaser may voluntarily apply the codes when managing the loan books. Of course, voluntary compliance is not enforceable and ultimately it is the aim of this Government to ensure the same protections are available for all consumers, including SMEs, whose loans have been sold.

Therefore, as Minister for Finance, I am committed to bringing forward legislation that protects consumers, including SMEs, whose loans are sold to unregulated entities. The Government has reiterated this commitment on several occasions. In July and August of this year, my Department ran a public consultation seeking views on its proposed legislation to protect consumers whose loans are sold to unregulated entities.

The Department of Finance received 18 submissions from a range of respondents from the financial services industry, consumer groups, public representatives and individuals and other stakeholders.  Officials in my Department are carefully considering the submissions and it is anticipated that legislation will be published by the end of this year.

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