Banker liability for fraud
Deputy Boyd Barrett asks whether promised legislation will ensure bankers who commit fraud or theft can be imprisoned over the tracker mortgage scandal. The Tánaiste says criminal acts should be investigated under existing law and that the Deputy's claim of no law is inaccurate.
We are not arguing which is the bigger group. I just called on Deputy Mattie McGrath.
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There is an order.
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If there is an order, Deputy Boyd Barrett can ask a question but he should bear in mind that there is an order.
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The pathetic, meaningless and mealy-mouthed apologies from bankers over the tracker mortgage scandal are prompting nothing but fury and frustration among the victims of that scandal and the wider public. The Tánaiste has said that pending reports, the Minister for Finance will look into the possibility of legislation in this area if it is needed. What people out there want to know is whether as a matter of urgency, the Government is going to look into whether legislation is there to ensure that if a fraud or theft was committed by the bankers, they will go to prison. The reason people are asking that question and the reason the Minister needs to answer it is because to date, bankers guilty of fraud and theft have not gone to prison. I point out for his information that even though by any definition what the bankers have done in the tracker mortgage scandal accords with the Criminal Justice (Theft and Fraud Offences) Act's definition of fraud, it is then neutralised by provisions in the Central Bank Act that essentially allow the regulator to impose administrative sanctions and for no criminal prosecution to take place.
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In other words, in Irish law, there is one law for bankers and one law for everybody else. The Government needs to address that.
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The problem is that there is no legislation.
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If there has been a criminal act, clearly, the criminal law and An Garda Síochána must investigate that. People in the banking sector have been before our courts previously so what Deputy Boyd Barrett is saying is not accurate. There is a law there. If a fraud has been committed, clearly, the normal rules of criminal investigation must be undertaken and put in place.