Written answers

Tuesday, 9 June 2015

Department of Finance

Commissions of Investigation

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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360. To ask the Minister for Finance the number of commissions of investigation established under the aegis of his Department, in tabular form, since the Commissions of Investigation Act 2004 came into effect; and if he will make a statement on the matter. [22754/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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Commission of Investigation (Banking Sector).

The Government established a Statutory Commission of Investigation into the Banking Sector, pursuant to Section 3 of the Commissions of Investigation Act, 2004 on 21st September, 2010.

The Terms of Reference of that Commission of Investigation are set out in Article 3 of the Commission of Investigation (Banking Sector) Order 2010 (S.I. No. 454/2010):

 3.(1) A commission is established to investigate the following specific matters considered by the Government to be of significant public concern and requiring, in the public interest, an expedited examination:

(a) the main causes of the serious failure, during the period 1 January 2003 to 15 January 2009, within each of the covered institutions, to implement and adhere to, appropriate standards and controls (including checks and balances) in the context of corporate governance and prudent risk management policy and procedures such as would have avoided the requirement for the provision of exceptional financial support from the State;

(b) the main causes for the adoption, during the period 1 January 2003 to 15 January 2009, by the Boards of Anglo Irish Bank Corporation and Irish Nationwide Building Society of business models and strategies, and the implementation by the senior managements of those institutions of business and lending practices, which resulted in those institutions experiencing severe financial distress;

(c) whether in respect of the period 1 January 2003 to 15 January 2009 the external auditors of the covered institutions commented in their audit reports or other communications to the institutions concerned on the failures referred to in subparagraph (a) or the business models and strategies and business and lending practices referred to subparagraph (b);

(d) the main causes for the failures, during the period 1 January 2003 to 28 September 2008, in the performance of the statutory roles and responsibilities of the Central Bank and Financial Services Authority of Ireland in respect of the regulation and supervision of the covered institutions and the maintenance of financial stability, in particular in relation to the supervision and oversight of corporate governance and risk management policies and practices in the covered institutions, and the relevance in that regard of any advices or directions given by the Department of Finance to the Central Bank and Financial Services Authority of Ireland in relation to its supervisory role.

Mr. Peter Nyberg was appointed as the sole Member of the Commission of Investigation (Banking Sector). His Final Report was completed and submitted to the Minister for Finance on March 22nd 2011. In accordance with the terms of Section 44(3) of the Commissions of Investigation Act, 2004, the Commission was dissolved on that date.

As Minister for Finance, I published the Commission of Investigation's (Banking Sector) Report on 19th April 2011. The report is titled "Misjudging Risk: Causes of the Systemic Banking Crisis in Ireland - Report of the Commission of Investigation into the Banking Sector in Ireland."

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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361. To ask the Minister for Finance the number of commissions of investigation under the aegis of his Department which have yet to complete and publish their reports; if he will provide a time frame for same; and if he will make a statement on the matter. [22765/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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There are no Reports outstanding from Commissions of Investigations established by my Department.

The Government established a Statutory Commission of Investigation into the banking Sector, pursuant to Section 3 of the Commissions of Investigation Act, 2004 on 21st September, 2010.

Mr. Peter Nyberg was appointed as the sole Member of the Commission of Investigation (Banking Sector). His Final Report was completed and submitted to the Minister for Finance on March 22nd 2011. In accordance with the terms of Section 44(3) of the Commissions of Investigation Act, 2004, the Commission was dissolved on that date.

As Minister for Finance, I published the Commission of Investigation's (Banking Sector) Report on 19th April 2011. The report is titled "Misjudging Risk: Causes of the Systemic Banking Crisis in Ireland - Report of the Commission of Investigation into the Banking Sector in Ireland."

As the Deputy will be aware it is proposed that a Commission of Investigation be established shortly to investigate certain transactions entered into by IBRC.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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362. To ask the Minister for Finance the number of commissions of investigation established under the aegis of his Department during the term of the current Dáil Éireann; and if he will make a statement on the matter. [22776/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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No Commissions of Investigation have been established by my Department during the term of the current Dáil Éireann.

As the Deputy will be aware it is proposed that a Commission of investigation will shortly be established to investigate certain transactions entered into by IBRC and related matters.

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