Vol. 572 No. 4
140 Mr. Timmins asked the Minister for Finance the position on the case of a person (details supplied) in County Wicklow who recently returned home after living in Germany and is not able to open a bank account; the way in which this person can open a bank account; and if he will make a statement on the matter. [23519/03]
Section 32 of the Criminal Justice Act 1994 requires financial institutions to take reasonable measures to identify their customers. Recommended procedures for the implementation of this provision are set out in guidance notes issued under the aegis of the money laundering steering committee which is chaired by the Department of Finance and includes representatives of financial services industry bodies and State agencies, including the Garda Síochána.
Paragraph 28 of the guidance notes states that any measures adopted by credit institutions should not deny a person access to financial services solely on the grounds that they do not possess certain specified identification documentation. Paragraph 45 of the guidance notes provides for those persons who cannot reasonably be expected to produce certain forms of identification, such as a person who does not have a passport or driving licence and-or whose name and Irish address does not appear on a utility bill, electoral register or directory.
The case mentioned by the Deputy appears to arise from a difficulty in verifying address in the absence of a utility bill. The alternatives set out in the guidance notes include: a letter or statement from a licensed employment agency that the person has recently arrived in Ireland and is commencing employment or from an employer that the person has commenced employment and in each case stating that the person is not in a position to produce a utility bill or other document which shows an Irish address, in addition, in such cases the prospective customer should be required to submit follow-up documentation, for example, a utility bill confirming Irish address in due course; a letter or statement from a person in a position of responsibility, for example, a solicitor, accountant, doctor, minister of religion, teacher, social worker or community employment scheme supervisor, who is in a position to confirm the person's address to the credit institution, in such instances the person providing the letter or statement must present themselves to the relevant credit institution providing proof of their own identity and verifying their status to the credit institution; and documentation or cards issued by a Department showing the address of the person.
Normally difficulties arising at account opening are resolved by an approach from the prospective customer to the branch management or to the bank's customer service department. It is a matter for each institution to ensure that its procedures satisfy the legal requirement under the Criminal Justice Act 1994 that financial institutions take reasonable measures to identify their customers.
