Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Written Answers. - Parliamentary Debates - Houses of the Oireachtas Written Answers. - Parliamentary Debates - Houses of the Oireachtas

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[Deputy Michael Noonan.] Questions— 14 February 2012. Written Answers Name of Body Name of appointee Date appointed/ Remuneration Received reappointed Fiscal Advisory Council Mr. Sebastian Barnes 7th July 2011 Council members not (established June 2011) Professor Alan Barrett already working in Irish public sector roles Dr. Donal Donovan, receive a stipend of Professor John McHale €5,000 per annum. Dr Roisin O’Sullivan Council members employed in the Irish public sector receive no payment for their role on the Council. *The Directors of the Irish Bank Resolution Corporation were appointed by the board of the bank with my approval. For the sake of completeness, I have formed a panel of suitably qualified people in 2011 for possible appointment or nomination to the board of certain banks following a public expressions of interest process. Recently, Bank of Ireland has appointed Mr Patrick Haren who was included on this panel to their Court (board). Financial Services Regulation 161. Deputy Finian McGrath asked the Minister for Finance his views on a matter (details supplied) regarding US advisers. [7832/12] Minister for Finance (Deputy Michael Noonan): The Central Bank of Ireland has instituted a new Fitness and Probity Regime which came into effect on 1 December 2011 and will be fully implemented by 1 December 2012. The Regulations apply to Pre-Approval Controlled Functions and Controlled Functions. The Regulations apply to financial service providers other than Credit Unions. The Regulations identify 41 senior positions as Pre-Approval Controlled Functions such as Chief Executive Officer, Director or Heads of Compliance, Risk, and Internal Audit. Central Bank approval is required before appointments are made to these positions. The Regulations also prescribe specific categories as Controlled Functions and persons performing these functions include the staff that exercise a significant influence on conduct of the affairs of the financial service provider, monitor compliance or perform functions in a customerfacing role. The Fitness and Probity Standards are being implemented on a phased basis as follows: • From 1 December 2011, apply to persons performing Pre-Approval Controlled Functions; • From 1 March 2012, they will apply to persons appointed to Controlled Functions (other than Pre-Approval Controlled Functions). This is to include new offers of employment and internal transfers/promotions which may involve a Controlled Function role after that date; • They will apply to all persons occupying Controlled Functions as at 1 December 2012. A full overview of the Fitness and Probity regime can be found on the CBI’s website at the following link: http://www.centralbank.ie/regulation/processes/fandp/pages/ introductiontofitnessandprobity.aspx The institution referred to in the Deputy’s question has confirmed that a US headquartered firm, was engaged by the Chairman of EBS to perform an independent assessment of the EBS Chief Executive’s fitness and probity. The output report was submitted to the Central Bank of Ireland on 3 February. The institution has indicated that the decision to take expert advice was taken in the context of this key position as CEO of the subsidiary and member of the Executive Committee on the institution. 378

Questions— 14 February 2012. Written Answers The procurement of external service providers is a matter for the management and board of the institution. I have no role in the day-to-day commercial and operational decisions of the banks, which include these matters. These decisions are taken by the board and management of the institution. As the Deputy will be aware, notwithstanding the fact that the State is a significant shareholder in the institution, the bank is run on a commercial arm’s length basis as per the Memorandum on Economic and Financial Policies agreed with the EU Commission, the ECB and the IMF. In relation to costs incurred, the management and board of the institution are aware of their duties to their shareholders to ensure that all costs incurred by the bank are necessary and reflect the needs of the business. National Asset Management Agency 162. Deputy Stephen S. Donnelly asked the Minister for Finance with regard to the recent advertisement by the National Asset Management Agency for a company to provide management services for a qualified investment fund, the estimated size of this fund, in value; the assets, or asset types, that will be transferred to the fund; if loan and property valuations and due diligence will be conducted on these assets before their transfer to the fund; the way the funds will be marketed; the origin of this initiative, that is with a proposal from within NAMA or from within the Department of Finance, or from elsewhere; the analysis that was conducted prior to this decision; if he will release a copy of that analysis; and the rationale for the initiative. [7874/12] 170. Deputy Pearse Doherty asked the Minister for Finance with respect to the establishment of a qualified investment fund by the National Asset Management Agency, the scale of the funds involved in this fund; which assets will be transferred to the fund; will the establishment of this fund or transfer of assets to the fund involve more loan and property valuations and due diligence before assets are transferred to the funds; the way the funds will be marketed; if this will involve the taking on of more staff beyond NAMAs existing top-line 200 employee claim; if this initiative emerged from within NAMA, the Department of Finance or another body; if the initiative will prevent property coming onto the market and thereby prevent property reach a clearing price and bottom; and if he will make a statement on the matter. [8131/12] 172. Deputy Michael McCarthy asked the Minister for Finance in relation to the qualified investment fund being set up by the National Asset Management Agency, the type of assets that will be transferred to the fund; how large the funds will be; the way the funds will be marketed; from whom the idea to establish the QIF came; and if he will make a statement on the matter. [8149/12] Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 162, 170 and 172 together. I am informed by NAMA that it is currently tendering for Investment Management, Custodian and Fund Administration services with a view to establishing a Qualifying Investment Fund (QIF). Preparations are currently being made by NAMA to obtain the requisite regulatory approval and to set in place the appropriate governance and operational arrangements with a view to establishing a number of such funds during 2012. The proposal emanated from within NAMA and has received approval in principle from the NAMA Board. NAMA advises me that the analysis which was presented to the Board contains commercially sensitive information and it has no plans to publish it. 379

[Deputy Michael Noonan.]<br />

Questions— 14 February 2012. <strong>Written</strong> <strong>Answers</strong><br />

Name <strong>of</strong> Body Name <strong>of</strong> appointee Date appointed/ Remuneration Received<br />

reappointed<br />

Fiscal Advisory Council Mr. Sebastian Barnes 7th July 2011 Council members not<br />

(established June 2011)<br />

Pr<strong>of</strong>essor Alan Barrett<br />

already working in Irish<br />

public sector roles<br />

Dr. Donal Donovan,<br />

receive a stipend <strong>of</strong><br />

Pr<strong>of</strong>essor John McHale<br />

€5,000 per annum.<br />

Dr Roisin O’Sullivan<br />

Council members<br />

employed in <strong>the</strong> Irish<br />

public sector receive no<br />

payment for <strong>the</strong>ir role<br />

on <strong>the</strong> Council.<br />

*The Directors <strong>of</strong> <strong>the</strong> Irish Bank Resolution Corporation were appointed by <strong>the</strong> board <strong>of</strong> <strong>the</strong> bank with my<br />

approval. For <strong>the</strong> sake <strong>of</strong> completeness, I have formed a panel <strong>of</strong> suitably qualified people in 2011 for possible<br />

appointment or nomination to <strong>the</strong> board <strong>of</strong> certain banks following a public expressions <strong>of</strong> interest process.<br />

Recently, Bank <strong>of</strong> Ireland has appointed Mr Patrick Haren who was included on this panel to <strong>the</strong>ir Court (board).<br />

Financial Services Regulation<br />

161. Deputy Finian McGrath asked <strong>the</strong> Minister for Finance his views on a matter (details<br />

supplied) regarding US advisers. [7832/12]<br />

Minister for Finance (Deputy Michael Noonan): The Central Bank <strong>of</strong> Ireland has instituted<br />

a new Fitness and Probity Regime which came into effect on 1 December 2011 and will be<br />

fully implemented by 1 December 2012. The Regulations apply to Pre-Approval Controlled<br />

Functions and Controlled Functions. The Regulations apply to financial service providers o<strong>the</strong>r<br />

than Credit Unions. The Regulations identify 41 senior positions as Pre-Approval Controlled<br />

Functions such as Chief Executive Officer, Director or Heads <strong>of</strong> Compliance, Risk, and Internal<br />

Audit. Central Bank approval is required before appointments are made to <strong>the</strong>se positions.<br />

The Regulations also prescribe specific categories as Controlled Functions and persons performing<br />

<strong>the</strong>se functions include <strong>the</strong> staff that exercise a significant influence on conduct <strong>of</strong> <strong>the</strong><br />

affairs <strong>of</strong> <strong>the</strong> financial service provider, monitor compliance or perform functions in a customerfacing<br />

role. The Fitness and Probity Standards are being implemented on a phased basis as<br />

follows:<br />

• From 1 December 2011, apply to persons performing Pre-Approval Controlled<br />

Functions;<br />

• From 1 March 2012, <strong>the</strong>y will apply to persons appointed to Controlled Functions<br />

(o<strong>the</strong>r than Pre-Approval Controlled Functions). This is to include new <strong>of</strong>fers <strong>of</strong><br />

employment and internal transfers/promotions which may involve a Controlled Function<br />

role after that date;<br />

• They will apply to all persons occupying Controlled Functions as at 1 December 2012.<br />

A full overview <strong>of</strong> <strong>the</strong> Fitness and Probity regime can be found on <strong>the</strong> CBI’s website at <strong>the</strong><br />

following link: http://www.centralbank.ie/regulation/processes/fandp/pages/ introductiont<strong>of</strong>itnessandprobity.aspx<br />

The institution referred to in <strong>the</strong> Deputy’s question has confirmed that a US headquartered<br />

firm, was engaged by <strong>the</strong> Chairman <strong>of</strong> EBS to perform an independent assessment <strong>of</strong> <strong>the</strong> EBS<br />

Chief Executive’s fitness and probity. The output report was submitted to <strong>the</strong> Central Bank <strong>of</strong><br />

Ireland on 3 February. The institution has indicated that <strong>the</strong> decision to take expert advice was<br />

taken in <strong>the</strong> context <strong>of</strong> this key position as CEO <strong>of</strong> <strong>the</strong> subsidiary and member <strong>of</strong> <strong>the</strong> Executive<br />

Committee on <strong>the</strong> institution.<br />

378

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