I move:
That Dáil Éireann approves the terms of the draft scheme entitled Credit Institutions (Eligible Liabilities Guarantee) (Amendment) (No. 2) Scheme 2010, a copy of which draft scheme was laid before Dáil Éireann on 16 November 2010.
Yesterday's eurogroup statement on Ireland welcomed the measures taken to date by Ireland to deal with issues in its banking sector, including the bank guarantee, which the eurogroup affirms have helped to support the Irish banking sector at a time of great dislocation. However, market conditions have not normalised and pressures remain. These pressures have intensified in recent weeks as market sentiment toward Ireland has become more negative, reflecting concerns about possible implications for the private sector of the design of a permanent crisis resolution mechanism in the euro zone. While these concerns were addressed by the joint statement of the Finance Ministers of France, Germany, Italy, Spain and the UK on 12 November last, market sentiment towards Ireland and the eurozone remains negative.
The State guarantee for bank liabilities provided under the eligible liabilities guarantee, ELG, scheme, which the Government has put forward for approval by the Oireachtas today, continues to provide very significant support for the funding of the banking system. Were the scheme not extended to the end of 2011, make no mistake, we would be faced tomorrow with difficulties in funding that would jeopardise the financial stability of the State. We must extend the scheme and, in doing so, heed the advice of the Governor of the Central Bank, who strongly endorses the need to extend the scheme to safeguard the stability of the system and the overall economy — a position shared by the European Central Bank which has also endorsed the extension to the end of 2011 on financial stability grounds.
I refer to the motion to approve the draft statutory instrument entitled the Credit Institutions (Eligible Liabilities Guarantee) (Amendment) (No. 2) Scheme 2010. The draft statutory instrument amends the bank guarantee scheme known as the eligible liabilities guarantee, ELG, scheme, introduced in December 2009. Deputies will recall that the Minister of Finance was before the House in September with a similar statutory instrument that extended the ELG scheme from 29 September to 31 December 2010.
Market conditions have not normalised for credit institutions in Ireland. On the advice of the Governor of the Central Bank, the Government proposes to extend the issuance period under the ELG scheme beyond the current end date of 31 December 2010, and, on financial stability grounds, the statutory instrument before the House today would enable the issuance period to run to 31 December 2011. As the House may be aware, the European Commission has already announced the approval of the scheme under State aid rules for six months, the maximum approval period allowed under the Commission's State aid rules. The guarantee remains necessary because the Irish banking sector is facing ongoing funding challenges. Recent evidence of heightened fragility in international financial markets has also led to more challenging funding conditions for banks in Ireland.
The Governor recommended to the Minister that an extension of the guarantee for all liabilities is necessary in the context of ongoing investor caution, pending the normalisation of funding conditions for banks in Ireland and to allow for the transition to a more balanced funding profile as soon as market conditions permit. This is an important support to the Irish banking system and complements the broad Government strategy to restore fully the banking system and maximise its contribution to overall economic recovery. The Government is determined to rebuild consumer and investor confidence in our financial system, which has an important role to play in ensuring businesses, and notably small and medium-sized enterprises, SMEs, can invest for growth and our citizens can plan with confidence for the future. As Deputies will be aware, the ELG scheme since December 2009 is a more focused scheme and no longer covers dated subordinated debt. Since 30 September, the scheme also imposes significantly higher fees on participating institutions for the benefit of a State guarantee of their shorter-term liabilities, which I will outline later.
The draft statutory instrument before the House proposes to amend the ELG scheme 2009. Under section 6 of the Credit Institutions (Financial Support) Act 2008, the approval of both Houses is required for such an amendment. The ELG scheme allows the credit institutions that join the scheme to accept all deposits and issue short-term and long-term debt on either a guaranteed or unguaranteed basis. Eligible liabilities under the scheme are as follows: deposits, senior unsecured certificates of deposits, senior unsecured commercial paper, other senior unsecured bonds and notes and other forms of senior unsecured debt specified by the Minister and approved by the EU Commission. The institutions that joined the scheme and are thus "participating institutions" under the ELG scheme are: Allied Irish Banks, AIB; Anglo Irish Bank; Bank of Ireland; the EBS; Irish Life & Permanent plc; and Irish Nationwide Building Society. Their relevant subsidiaries also joined and are listed fully on the Department of Finance's website. Institutions may issue debt and take deposits guaranteed under the ELG scheme with a maturity of up to five years. According to the latest data available to my Department, at the end of September 2010 bank liabilities covered under the ELG scheme stood in aggregate at €147 billion. ELG liabilities must be incurred within a limited issuance period that currently runs to 31 December 2010. The main amendment made by the statutory instrument proposes to extend the ELG scheme such that it will now run to 31 December 2011, subject to continuing state aid approval from the European Commission. This was similar to the mechanism used in the original ELG scheme, when it was introduced in December 2009. Other consequential changes are made to the scheme by the statutory instrument.
EU state aid approval was granted on 10 November 2010 for the extension of the issuance period to 30 June 2011 for all liabilities, including debt and deposits, and both short and long-term liabilities under the ELG scheme. The EU Commission approval follows from the recent legal opinion from the European Central Bank, dated 2 November 2010, which endorsed the extension in national law to 31 December 2011 on financial stability grounds. The extension is subject to continuing Commission approval and has been granted to 30 June 2011, the maximum period allowed at a time under EU state aid rules. Further state aid approval would be required to extend the issuance period end date for another six months from 30 June to 31 December 2011 and the draft scheme would facilitate that further extension as well.
Participating institutions must pay a significant fee to the Exchequer for the benefit of the guarantee. The fee is in line with and in certain circumstances for shorter-term bank liabilities exceeds the fees applicable generally for guarantee schemes approved by the European Commission. The original fees for the ELG scheme guarantee, when it was introduced in December 2009, were based on the pricing recommendations published by the European Central Bank in respect of guarantees of this nature and were consistent with the fees applicable for similar guarantees provided by other EU States in respect of their credit institutions. However, from 1 July 2010 the fees that institutions are required to pay under the ELG scheme increased for guaranteed liabilities incurred from that date, in line with the pricing structure outlined in the European Commission's staff working document dealing with the application of State aid rules on Government guarantee schemes covering bank debt.
The additional pricing in line with the Commission guidelines ranges between 20 and 40 basis points depending on the rating of the institution concerned. The pricing is set out in the rules to the scheme at annex 7. From 1 December 2010, an additional 70 basis points will apply to the guarantee under the scheme of short-term liabilities of less than three months, in addition to the 50 basis points that applied from the start of the scheme, and a further 20 to 40 basis points applies depending on the rating of the institution. This brings the total payable for short-term liabilities to between 140 and 160 basis points. The real effect of the changes to the pricing regime is that the average fee now paid by institutions under the ELG scheme is approximately ten times higher than the average fee paid by institutions under the original bank guarantee scheme when it was introduced in September 2008. As at the end of October 2010, a total of €1.3 billion, comprising €760 million in respect of the CIFS scheme and €573 million in respect of the ELG scheme, was collected from the institutions. The fees collected surpassed the original minimum €1 billion target for guarantee fees, when the CIFS guarantee scheme was introduced in September 2008.
The draft statutory instrument gives legal effect to the time extension to the scheme. I will provide some further detail on the terms of the amending draft statutory instrument. The ELG scheme guarantees specific issuances of debt or deposits of up to five years in duration incurred during the period set out in the scheme. Item 1 includes a definition of "financial support period order", an order made under section 6(3B) of the Credit Institutions (Financial Support) Act 2008. The order which the Minister for Finance will make in conjunction with this scheme sets out the issuance period. This is the period within which guaranteed liabilities can be incurred and guaranteed under the ELG scheme. As Commission approval was granted for the period 1 January 2011 to 30 June 2011, this will be the issuance period for the next phase of the ELG scheme.
Item 2 amends paragraph 3.1 of the Schedule to the scheme, which sets out the period within which institutions may join the scheme. The amendment seeks to update the application period by substituting 31 December 2011 for 31 December 2010 to reflect the time extension to the scheme. Items 3 and 4 amend paragraph 5 of the Schedule to the scheme. Paragraph 5 provides that the Minister shall review the scheme and the rules at six-monthly intervals. This amendment proposes that the Minister may review the scheme at shorter intervals than six months if so required by the European Commission in accordance with its state aid policies. This would allow for a future exit strategy on a gradual basis for certain liabilities in line with prevailing market conditions, based on the advice of the Governor of the Central Bank of Ireland.
No. 5 proposes to substitute a new paragraph 11.1(c) in the Schedule to the scheme. The new paragraph would replace the current scheme end date of 31 December 2010 with an extended scheme end date in national law up to 31 December 2011, subject to continuing EU state aid approval. Such approval was obtained on 10 November last for the continuation of the issuance period up to 30 June 2011. Any future extensions of the issuance period beyond 30 June 2011 will require EU state aid approval. No. 6 amends paragraph 18 of the Schedule to the scheme, which sets out the maximum period the Minister will stand as guarantor of liabilities guaranteed under the scheme. This amendment proposes to substitute a period of five years after the end of the period specified in the most recent financial support period order as the end date of the scheme instead of the current date of 31 December 2015.
With regard to deposits in particular, all on-demand deposits over €100,000 are guaranteed under the proposed amendments to the ELG scheme to 30 June 2011 in line with the approval of the Commission. Furthermore, term deposits of over €100,000 can be guaranteed for a fixed term of up to five years as long as the deposit is made before the 30 June 2011 and the institution is, or was, a participating institution under the scheme on the date of the deposit. The ELG scheme provides that if a deposit of up to €100,000 is covered under the European Communities deposit guarantee scheme, it is not also covered under the ELG scheme. The ELG scheme covers the excess over €100,000 or any deposit that does not qualify for protection under the 1995 deposit guarantee scheme.
In summary, the extension of the ELG scheme to 31 December 2011, subject to EU state aid approval, will continue to support participating institutions in accessing funding in the short term and the longer term, and will provide security for depositors. The scheme as extended complements the broad Government strategy to restore fully the banking system and maximise its contribution to overall economic recovery. Market conditions remain turbulent at present. The relevant State authorities will continue to monitor the funding situation of Irish banks and the requirement for the guarantee in the future to ensure the continued stability of the Irish banking system.
The EU state aid rules provide that the guarantee can be extended for a maximum of six months on each occasion. The authorities will therefore review the requirement for the continuation of the ELG scheme before 30 June 2011, in consultation with the European Commission and the ECB, and assess the requirement for an extension on the basis of the then prevailing market conditions and having full regard to financial stability matters generally. This scheme will allow a further extension to 31 December 2011, and this mechanism is being adopted to provide maximum certainty for the markets in the future.
I commend the scheme and the motion to the House.