Pearse Doherty (Donegal, Sinn Fein)
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103. To ask the Minister for Finance the consumer voice appointed by each lender's steering group as per the framework for conducting the tracker mortgages examination; and if he will make a statement on the matter. [17195/17]

Michael Noonan (Limerick City, Fine Gael)
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The Framework as set out by the Central Bank for conducting the Tracker Mortgage Examination makes it clear that the Board of each lender is responsible for ensuring that the appropriate governance framework and controls are put in place to ensure the successful delivery of the Examination Plan.

As part of the governance framework, the Board of each lender is required to establish a Steering Group to oversee the implementation of the Plan.  The Steering Group membership must include a 'consumer voice' representative, who may be an internal party.

However, the Central Bank has informed me that it is not in a position to comment on the consumer voice that individual lenders have appointed to the steering group within the institution due to confidentiality requirements under Central Bank legislation, as it is lender specific supervisory information.

Pearse Doherty (Donegal, Sinn Fein)
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104. To ask the Minister for Finance the external independent parties appointed by each lender as per the framework for conducting the tracker mortgages examination; and if he will make a statement on the matter. [17196/17]

Michael Noonan (Limerick City, Fine Gael)
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As the Deputy is aware, lenders have been required to appoint external independent third party assurers to oversee the Tracker Examination and to ensure that it is being carried out in line with the Central Bank's Framework for the conduct of the Tracker Examination. 

However, the Central Bank has informed me that it is not in a position to comment on the third parties that individual lenders have appointed to oversee the review process within their institution. This is due to confidentiality requirements under Central Bank legislation as such information is lender-specific supervisory information.

Pearse Doherty (Donegal, Sinn Fein)
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105. To ask the Minister for Finance the banks and financial institutions that have indicated to the Central Bank that documents in respect of the cases may have been disposed of with regard to the Central Bank's investigation into the tracker mortgage issue; the specific reason documents are not available for each bank; the number of impacted accounts; the level of detail held by the lenders in respect of such accounts; the way in each case they have proposed to conduct the review in absence of these documents; and if he will make a statement on the matter. [17199/17]

Pearse Doherty (Donegal, Sinn Fein)
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106. To ask the Minister for Finance if, in cases in which lenders subject to the Central Bank's tracker mortgage investigation have made proposals to proceed in the absence of documents, for each lender, the Central Bank has raised objections to the proposals; if so, the nature of these objections; the result in terms of the way the lender approached those cases; and if he will make a statement on the matter. [17200/17]

Michael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 105 and 106 together.

The Central Bank has advised that all mortgages within the scope of the Examination are to be reviewed regardless of whether or not documents in respect of such mortgages are available to lenders.

As set out in the Examination framework, in circumstances where relevant documents are not available, lenders are to ensure that this will work to the benefit, and not the detriment, of impacted customers.

As part of the Examination framework, the Central Bank has acknowledged that some relevant documents may have been disposed of in accordance with data protection legislation or relevant provisions of the Central Bank's various codes of conduct. In such circumstances, the Central Bank has set out what lenders must provide to the Central Bank such as

(i) specific reasons why documents are not available,

(ii) the number of impacted accounts in respect of which documents are unavailable,

(iii) the level of detail held by lenders in respect of such accounts and

(iv) proposals to conduct the review in such circumstances.

However, the Central Bank has indicated that it is not in a position to comment on individual lenders due to confidentiality requirements under Central Bank legislation, as such information is lender specific supervisory information.

Pearse Doherty (Donegal, Sinn Fein)
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107. To ask the Minister for Finance if any lender has refused requests or to engage with the process with regard to the Central Bank's investigation into the tracker mortgage issue citing the Statute of Limitations; if so, the lenders involved and the response given by the Central Bank; and if he will make a statement on the matter. [17201/17]

Michael Noonan (Limerick City, Fine Gael)
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I have been advised by the Central Bank that, as set out in the framework for conducting the Examination, the Statute of Limitations does not apply to the Central Bank's powers to enforce compliance with regulatory requirements including those relevant to the Tracker Examination and it does not negate lenders' obligations to comply with the relevant regulatory requirements set out by the Central Bank.

Furthermore, the Central Bank also advises that one of the key elements of the Central Bank's expectations in respect of redress and compensation for impacted customers is that lenders will undertake not to raise any time limit defences that may otherwise apply if impacted customers make complaints to the Financial Services Ombudsman or initiate proceedings before the courts.

However, the Central Bank is not in a position to comment on individual lenders due to confidentiality requirements under Central Bank legislation, as such information is lender specific supervisory information.

Pearse Doherty (Donegal, Sinn Fein)
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108. To ask the Minister for Finance if the Central Bank has raised concerns with lenders with regard to their communications with customers regarding the Central Bank's investigation into the tracker mortgage issue; if all lenders first contacted the Central Bank in advance of such communications; and if he will make a statement on the matter. [17202/17]

Michael Noonan (Limerick City, Fine Gael)
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As set out in its update published on 23 March, 2017, the Central Bank expects that once impacted customers are identified, lenders will communicate with them in a clear and timely manner setting out the context and next steps in plain English so that they fully understand how they have been impacted, how the lender proposes to address the impact and what actions, if any, are required of the customer.

Given the importance of a clear and comprehensive communications approach, the Central Bank has also issued lenders with guidance in respect of its expectations for their interactions with customers. The Central Bank requires lenders to submit details of their proposed communication approach prior to engaging with impacted customers.

Pearse Doherty (Donegal, Sinn Fein)
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109. To ask the Minister for Finance the details of all notifications of errors sent to the Central Bank by lenders (details supplied). [17203/17]

Michael Noonan (Limerick City, Fine Gael)
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The Central Bank advises that the information requested by the Deputy is lender specific supervisory information and that it is not in a position to comment on individual lenders due to confidentiality requirements under Central Bank legislation.

However, in the most recent update on the Examination which was published on March 23, certain data in relation to the Examination was published. This included:

- in all approximately 9,900 accounts had been identified as impacted by lenders as part of the Examination as at end February 2017; and

- that lenders had commenced contacting impacted customers identified as at end February 2017 and rectified the interest rates on more than 90% of accounts requiring rectification.

Pearse Doherty (Donegal, Sinn Fein)
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110. To ask the Minister for Finance the number of accounts by lender that have been investigated that had been reviewed as part of previous tracker mortgage-related review with regard to the Central Bank's investigation into the tracker mortgage issue; and if he will make a statement on the matter. [17204/17]

Michael Noonan (Limerick City, Fine Gael)
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The Central Bank advises that the information requested by the Deputy is lender specific supervisory information and that it is not in a position to comment on individual lenders due to confidentiality requirements under Central Bank legislation.

However, in the most recent update on the Examination which was published on March 23, certain data in relation to the Examination was published. This included data which indicated that, prior to the commencement of the system-wide Examination and in the period 2008-2015, approximately 7,100 accounts were identified as impacted by tracker related issues, which were redressed and compensated as appropriate.

Pearse Doherty (Donegal, Sinn Fein)
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111. To ask the Minister for Finance the number of lenders that have included as supplementary information details in their conduct of business returns of delays in dealing with these complaints within the 40 days with regard to the Central Bank's investigation into the tracker mortgage issue; and the number of cases specified in each lender's case. [17205/17]

Michael Noonan (Limerick City, Fine Gael)
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The Central Bank advises that the information requested by the Deputy is lender specific supervisory information and that it is not in a position to comment on individual lenders due to confidentiality requirements under Central Bank legislation.

However, as part of the framework for conducting the Examination, the Central Bank has set out that, in the circumstances of the Tracker Mortgage Examination, it accepts that customer complaints may be dealt with outside of the specific timeframes set out in the Consumer Protection Code (2012).  In such instances, however, lenders are expected to put in place a process for providing updates to customers regarding their complaints at appropriate intervals given the time it may take for the Examination to be completed.  It is recognised that this approach may have an adverse effect on the reporting of the percentage of complaints dealt with within 40 business days as set out in the conduct of business returns (COBR) and lenders have been requested to flag such delays when uploading the COBRs.