Central Bank enforcement against wrongdoing
Deputy Doherty contrasted harsh enforcement for TV licence non-payment with lack of accountability for financial misconduct, and the Tánaiste outlined Central Bank and Garda enforcement powers.
In 2014, almost 14,000 people were brought before the courts for not paying their TV licence fees. In the previous year, 411 of those people were sent to prison for not paying their TV licence fees. A constituent of mine, a single mother, had the Garda call to her door and she was brought to Mountjoy Prison during this period for not having a TV licence. In the same year, the Davy 16 got together and formed a consortium for the sole purpose of swindling that company's client out of money. They were breaking the rules and regulations and not one of them has been held to account. In the same period, more than 40,000 people were essentially robbed by banks as a result of the tracker mortgage scandal. More than 100 of these individuals lost their family homes as a result. During the period in question, the Central Bank called time and again for the Government to provide it with additional powers to hold senior executives in the areas of finance, insurance and brokerage to account. Time and again, however, the Government has refused to bring forward legislation in this regard. There have been promises after promises but we still do not have legislation. When will the Government finally publish the legislation for which the Central Bank has been begging for more than three years?
Comment on this
The Central Bank already has extensive powers in this area. It can take action against individuals under its administrative sanctions procedure and fitness and probity regime. It can conduct an enforcement investigation into an individual, resulting in sanctions, including: a fine of up to €1 million; a requirement to pay the bank's costs for the investigation inquiry; and disqualification from working. The Central Bank can prohibit a person who is not fit and proper from performing any controlled function into the future. The Garda also has powers, as does the Director of Corporate Enforcement, who is aware of this matter. I think the Deputy is referring to the Central Bank (Amendment) Bill 2018, which would bring in a senior executive accountability regime. This was only proposed for the first time in 2018 in a report from the Central Bank and therefore could not have applied to offences that occurred four years previously. The Minister for Finance will bring that legislation forward as soon as possible.