Fergus O'Dowd (Louth, Fine Gael)
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262. To ask the Minister for Finance the supports that are in place or being considered to allow Ukrainians fleeing the conflict in circumstances in which they are staying with an Irish family to be added to Irish car insurance policies; if he will respond to reports that some insurance providers are declining applications for this process; and if he will make a statement on the matter. [14613/22]

Paschal Donohoe (Dublin Central, Fine Gael)
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As Minister for Finance, I am responsible for the development of the legal framework governing regulation of the insurance sector.  Neither I, nor the Central Bank of Ireland, can direct the pricing or provision of insurance products, as this is a commercial matter which individual companies assess on a case-by-case basis. This position is reinforced by the EU Single Market framework for insurance (the Solvency II Directive) which expressly prohibits Member States from doing so. Consequently, I am not in a position to direct insurance companies as to how they price their policies or what terms and conditions they apply in those policies, nor can I direct insurance companies to provide cover to specific individuals or businesses.

Having said that, my officials contacted Insurance Ireland for further comment on this matter, so that I could provide some further information. Insurance Ireland stated that its members are focused on ensuring they make it as practical as possible for those arriving from Ukraine to take out policies in their own name over time. It also stated that in general its members are accepting the addition of named drivers who hold a full Ukrainian licence to existing motor policies of Irish host families.  Any charge that applies depends on the individual circumstances of the driver, and if it is a temporary or permanent addition to the motor insurance policy, in some cases no charge will apply. In general at the moment, my officials understand that insurers will treat Ukrainian licences as the equivalent of an EU licence and they will be subject to the same acceptance criteria and rules as EU licence holders.

Finally, it should be noted that issues in relation to driver licencing, including equivalence and exchange issues, are a matter for my colleague, the Minister for Transport and his Department.

Fergus O'Dowd (Louth, Fine Gael)
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263. To ask the Minister for Finance if supports are currently being considered in respect of Ukrainians fleeing the conflict and finding safe refuge in Ireland who wish to set up an Irish bank account considering the pressure and lack of access to Ukrainian banks at present (details supplied); and the way that this issue will be addressed. [14616/22]

Paschal Donohoe (Dublin Central, Fine Gael)
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The EU Payment Accounts Directive, which is transposed in Ireland by the Payment Accounts Regulation 2016, introduced the right for any consumer who is legally resident in the European Union and who does not already have a payment account with a credit institution in the State to open and use a payment account with basic features. 

The Directive explicitly states that a consumer who is legally resident in the European Union has this right regardless of his or her place of residence and regardless of whether he or she has a fixed address, is an asylum seeker, or is a consumer who has not been granted a residence permit but whose expulsion is not possible for legal or practical reasons.

Credit and financial institutions (firms) are obliged to identify and verify their customer’s identity on the basis of documents or information that they have reasonable grounds to believe can be relied upon to confirm the identify of their customer.  Institutions often use official documents, like passports or driving licences in order to verify a customer’s identity.  However neither the relevant legislation (Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, as amended, nor the Central Bank of Ireland are prescriptive as to what documents and information can be relied upon. 

Accordingly firms have some flexibility in this regard, including in situations where an asylum seeker or refugee may be unable to provide traditional forms of identity documentation.

While providing asylum seekers or refugees with access to financial products and services can create challenges for institutions where the identity of such persons cannot be verified on the basis of ‘traditional’ forms of identification like passports or driving licences, the European Banking Authority (EBA) has previously issued Guidance on this point which provides that official identity documents issued by an EU Member State to asylum seekers/refugees which confirms their status and right to reside in that EU Member State are likely to satisfy the verification requirement.

In addition, the Payment Accounts Directive provides that credit institutions cannot refuse the opening of payment account unless the opening of the account or its subsequent use would result in a breach of national law transposing the applicable Anti-Money Laundering (AML)/ Countering the Financing of Terrorism (CFT) Directive, for example, because the credit institution cannot manage the Money Laundering (ML)/ Terrorism-Financing (TF) risk associated with the business relationship. 

The EBA’s Guidance provides that a situation where an asylum seeker can only provide less robust evidence of identity, is unlikely to be sufficient AML/CFT grounds to refuse the opening of an account, given that it is likely that the firm could manage the ML/TF risks presented by such a prospective customer by ensuring that only a basic payment account is offered, for example with no overdraft facility and with monthly turnover/transfer limits.

In 2021 the Banking & Payments Federation Ireland (BPFI), in conjunction with a number of retail Banks, issued guidance to assist asylum seekers and refugees on opening a bank account in Ireland, which included information on the type of non-standard documentation, including state issued documents, that will be accepted as forms of identification when opening an account. This information can be found here - bpfi.ie/wp-content/uploads/2021/05/Final-BPFI-Guide-to-Opening-Bank-Accounts-in-Ireland-for-Protection-Applicants-Final.pdf.

Ukrainian citizens coming to Ireland can use either their passport or their Ukrainian Identity Card as proof of identity. A proof of residence document letter will be provided by the Centre Manager of the International Protection Accommodation Services (IPAS) Accommodation Centres on request. Those not residing in IPAS accommodation, should inquire with their bank of choice on what would be acceptable as proof of residence.