Written answers
Thursday, 29 May 2025
Department of Finance
Banking Sector
Barry Heneghan (Dublin Bay North, Independent)
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298. To ask the Minister for Finance if he is aware of the growing number of entertainment venues refusing to accept cash payments; his views on the impact of cashless-only policies on older people and others who may not have access to debit or credit cards; if he will consider introducing measures to ensure that public-facing businesses continue to offer cash as a payment option in order to prevent financial exclusion; and if he will make a statement on the matter. [21618/25]
Paschal Donohoe (Dublin Central, Fine Gael)
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As a matter of common law, contracts are formed by offer and acceptance. In general terms, a contract is formed between a retailer and a customer when a retailer accepts an offer made by a customer. The terms which apply to such a contract are a matter for the parties to determine and will depend on the circumstances of the case. The Consumer Rights Act 2022, which was sponsored by the Minister for Enterprise Trade & Employment, applies to contracts entered into between retailers and consumers on or after 29 November 2022.
Where a business places no restrictions on the means of payment it is prepared to accept, it must accept cash as legal tender when offered by a customer to settle a debt that has arisen. If a business specifies payment must be in a form other than cash, the customer cannot subsequently claim a legal right to pay in cash. This can be achieved by, for example, placing a sign stating, “cash not accepted” or “card payment only” at the store entrance or check out area.
However, I am very conscious that cash remains an important element of the payments system and the broader economy. It is a budgeting tool for many people and allows individuals such as elderly people or those with special needs to maintain their financial independence. It was in this context that the National Payments Strategy, published in October 2024, recommended cash acceptance or cash facilitation in the public sector where a public body levies fines or fees or where it provides goods or services for a charge.
If a body cannot accept cash directly it must arrange for the facilitation of cash payments via third party. In November 2024, the Secretary General of the Department of Finance wrote to all other Secretaries General notifying them of this recommendation. Government departments and bodies under their aegis will be required to confirm, via their annual reports, that they are in compliance with this recommendation.
With regard to cash acceptance by businesses, in June 2023, the European Commission published a proposal for a Regulation on the legal tender of banknotes and coins. The proposal will enshrine the principle of cash acceptance in EU law. However, it does provide for exceptions, such as if the payee does not have the denominated change required or if both parties agree to use an alternative to cash. The proposal will place an obligation on Member States to monitor access to and acceptance of cash, to assess the levels annually, and report their assessment to the Commission and the ECB. If a Member State finds that the level of non-acceptance is undermining the legal tender status of euro banknotes and coins, it will be required to take remedial measures. The proposal is progressing at EU council level, and my officials will continue to engage in the discussions.
In relation to access to cash, the Deputy will likely be aware that the Finance (Provision of Access to Cash Infrastructure) Bill 2024 was signed into law on 20 May 2025. Work will now begin to commence the legislation to ensure that the ability to pay in cash will not be undermined by an inability to access cash in the first place.
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