Pearse Doherty (Donegal, Sinn Fein)
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237. To ask the Minister for Finance the basis on which a bank can cease providing banking services to a business; the opportunity such a business has to contest such a decision; and if he will make a statement on the matter. [25375/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy will be aware, in my role as Minister for Finance I have no direct function in the relationship between the banks and their customers; and the provision of banking services to any customer is a commercial decision for the banks.

However, General Principle 2.11 of the Consumer Protection Code 2012 requires that an entity, without prejudice to the pursuit of its legitimate commercial aims, does not through its policies, procedures, or working practices, prevent access to basic financial services.

The SME Regulations (2015) also stipulate that, where a regulated entity decides to withdraw or amend a credit facility agreement it shall promptly provide the borrower with an explanation of the reasons for the decision to withdraw or amend the credit facility agreement.

If customers are unhappy with the service received from a firm which is regulated by the Central Bank, they are entitled to make a complaint by writing directly to the firm concerned. Depending on their circumstances, the complaints handling provisions of either the Consumer Protection Code or the SME Regulations will apply. A complaint under these can include an expression of grievance or dissatisfaction by a consumer in relation to the failure or refusal of a regulated entity to provide a product or service.

Regulated entities have procedures that they must follow on receipt of complaints from customers, including acknowledging the complaint and responding to that complaint within a certain timeframe.

If a business with an annual turnover of less that €3 million is not happy with the response received from the regulated entity they may raise the complaint with the Financial Services and Pensions Ombudsman. Under the Consumer Protection Code (2012) and the SME Regulations (2015) the regulated entity is also obliged to inform the complainant that they may be in a position to make a complaint to the Financial Services and Pensions Ombudsman, and of the contact details of the FSPO.