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Dáil Éireann debate -
Tuesday, 19 Nov 1991

Vol. 413 No. 1

Adjournment Debate. - Finance Matters.

I thank the Chair for giving me the opportunity to raise the issue of the regulation of investment advisers. The recent collapse of a number of investment firms, subsequent court cases and the subsequent major financial loss to clients highlights a substantial gap in the regulation of the investment services sector. Any investment intermediary selling non-insurance products, such as unit trusts, is not obliged to satisfy any requirements in respect of the handling of client funds, the provision of bonds or the issue of appropriate documentation to clients. It is not acceptable that individuals should be exposed in this way.

Consumers investing in life assurance products through insurance intermediaries have a reasonable level of protection following the enactment of the Insurance Act, 1989. It is vital that equivalent protection is given to consumers investing through investment advisers in non-insurance investment products. All investment intermediaries should be licensed through the Department of Finance or the Central Bank. Powers should be available to prevent an investment company from trading if malpractice is discovered, and a compensation fund should be established through the licensing system to give some or all of the investors' finance a certain level of protection. Under present investment criteria there is every incentive for an Irish investor to invest in the UK or in some other European country where consumer protection exists. This is an ironic situation, whereby the Government's failure to introduce regulations to protect investors implies that it is much more important that they invest abroad rather than at home. This is scandalous. We badly need change. I am calling on the Minister for Finance to introduce regulations immediately to protect the consumer in the financial services area and not allow this appalling cop-out in relation to clients' finances to be allowed to continue.

When the Deputy raised this matter on 31 October, the Minister of State, Deputy Geoghegan-Quinn, on behalf of the then Minister for Finance, confirmed that we do not yet have adequate controls in respect of certain investment activities, and she stressed the need to close the gaps in our present regulatory system so as to avoid the problems associated with the failure of investment intermediaries. Further regulation in this area will be required under the terms of the draft European Community Investment Services Directive which will set out the parameters for national legislation to follow. However, adoption of the Directive has been delayed by the complexity of the issues involved and the question of introducing supervisory arrangements here in advance of the adoption of the Directive is being considered as a matter of urgency. There has already been consultation with the relevant industry interests to see what improvements are possible.

The Insurance Act, 1989, regulates the activities of insurance brokers when dealing in insurance products and provides protection for consumers in relation to insurance products. This legislation is a matter for the Minister for Industry and Commerce. The non-insurance elements of the activities of investment intermediaries — mainly the marketing of UCITs and unit trusts — are not, however, currently subject to regulation by any agency, no Minister has any regulatory responsibility and there is no required provision for investor compensation. It is far from satisfactory that the general public should be so at risk and I consider it appropriate that persons and firms providing an investmentn service to the public should be authorised and should have to satisfy supervisory requirements in respect of all their investment activities, not just in relation to insurance products.

Discussions have been taking place with the various interests involved in this sector to reach agreement on an appropriate system of regulation. Following on these helpful discussions, proposals are being formulated with the aim of achieving an effective and efficient regulatory system which will adequately safeguard consumer interests.

It has already been announced that legislation is being prepared to change and update the regulation and supervision of the Irish Stock Exchange where investor compensation arrangements already exist. The intention is that the Stock Exchange will be subject to the Central Bank as regulatory authority.

No regulatory system, however efficient, will eliminate risk to the investor. I would like to urge people to think carefully before they entrust part of their life savings to investment operations which hold out the prospect of spectacular returns. Investors should be careful to check out the status and credentials of any investment firm whose services they wish to avail of.

The Dáil adjourned at 9.5 p.m. until 10.30 a.m. on Wednesday, 20 November 1991.

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