Cash payment has an important role in society and it is essential it remains readily available. Immediately prior to the pandemic, just under €20 billion was withdrawn annually from ATMs in the State. While this declined to approximately €12.8 billion in 2024, cash still has a role in our society and economy. It is important to consumers in all walks of life because it is a private, secure and instant form of payment. It is a budgeting tool for many and allows individuals to maintain their financial independence. Cash is also important to many small and medium enterprises. It is imperative to ensure cash remains widely available and accessible to protect the economy when technology is not a viable option and to ensure those who rely on it can continue to do so.
In this context, the Department of Finance’s retail banking review published in November 2022 recommended development of access to cash legislation that would preserve access to cash, having regard to the levels of infrastructure in December 2022. The review also called on the legislation to require ATM operators and cash-in-transit providers, CITs, to be authorised and supervised by the Central Bank of Ireland.
The Finance (Provision of Access to Cash Infrastructure) Bill, published by the Government on 31 July 2024, addresses these recommendations. It aims to establish a framework to ensure the future evolution of cash infrastructure in Ireland will be managed in a fair, orderly, transparent and equitable manner and provide for the oversight of ATM deployers and cash-in-transit providers. I highlight that a small number of Government amendments were made on Committee Stage in the Dáil that were so technical in nature they did not involve any changes to the policy objectives of the Bill. These amendments were made to ensure the proper functioning of the legislation following enactment.
I will now describe the main elements of the Bill. Part 1 is comprised of sections 1 to 4, inclusive. These sections give the Title of Bill, set out when it will come into effect, define the terms used throughout the Bill, contain provisions relating to expenses, and include a standard section on ministerial regulations and orders.
Part 2 is comprised of sections 5 to 12, inclusive. As these sections make up the major part of the access to cash framework, I will explain them in detail. Section 5 provides that the Minister for Finance shall prescribe the criteria for sufficient and effective access to cash. This will be achieved by establishing the access to cash criteria and regulations, including the percentage of the population for each region in Ireland that must have access to an ATM and cash service point with a specific distance of not less than 5 km and not more than 10 km. A cash service point is a location where cash can be deposited and withdrawn and where in-person assistance is available. Bank branches and post offices satisfy this definition. To ensure sufficient ATM capacity, a minimum number of ATMs per 100,000 people per region will also be prescribed. The regions used will be in the NUTS 3 region relied on by Eurostat. Initially, the access to cash criteria will be based on December 2022 levels, taking account of the exits of KBC and Ulster Bank from the Irish retail market, and designated entities will be responsible for ensuring the criteria are met.
Section 5 also provides the Minister for Finance with the ability to prescribe a minimum number of ATMs per 100,000 people in each NUTS 3 region, which are available outside of the ATM operator hours if required. The section also provides for the review of the access to cash criteria under different conditions. Reviews must be completed within nine months of publication of the final census population data.
Reviews must be completed within nine months of publication of final census population data, if cash demand decreases by more than 15% in one calendar year compared to the preceding calendar year, or at the request of the Minister for Finance. The Central Bank may also undertake a review on its own initiative. Having assessed such a review, the Minister for Finance may amend the criteria.
Section 6 provides the Minister for Finance with the ability to request the collection and publication, by the Central Bank, of data in relation to cash infrastructure. This data will include the number and value of cash withdrawals. This section also allows the Minister to specify the form, manner, and frequency of publication.
Section 7 defines and sets out the process for identifying local deficiencies. Local deficiencies may occur where, even though the access to cash criteria in section 5 are met, localised difficulties with access to cash infrastructure arise. A person can notify the Central Bank of a potential local deficiency, which may then assess the notification. Where the Central Bank determines that there is a local deficiency that needs to be addressed, it shall notify the designated entities, which will have an opportunity to propose a remedy. Where no proposals are made, or if the proposed remedy is not considered sufficient, the Central Bank may then issue a draft direction to one or more of the designated entities to address the local deficiency.
Section 8 provides for the preparation and publication of guidelines on local deficiencies. The Central Bank is required to publish the guidelines within 12 months of commencement of the section. In preparing these guidelines, the Central Bank shall consult with a number of stakeholders, including the Minister for Finance, designated entities, representatives of consumers, persons with disabilities, elderly persons, SMEs and other persons it considers appropriate.
Section 9 provides for the monitoring and enforcement of compliance with the access to cash criteria in section 5 and for addressing local deficiencies. The Central Bank will monitor and publish information in relation to cash infrastructure. Where this reveals a breach of the access to cash criteria or if the Central Bank has determined that there is a local deficiency that warrants a remedy, the Central Bank will notify the designated entities and the local deficiencies process will begin.
Section 10 provides that designated entities will be credit institutions whose market share of current accounts and household deposits exceed thresholds prescribed by the Minister for Finance for two consecutive quarters. These thresholds may be set, by regulation, at between 5% and 15%. The Minister for Finance may amend these thresholds, as appropriate, following consultation with the Central Bank and other specified stakeholders.
Section 11 deals with access fees. These are fees charged by an ATM operator not providing current accounts for the use of a specific ATM. These fees are separate to normal bank fees or charges for an account. Under this section, the Minister for Finance may make regulations that prohibit or cap the charging of fees for cash withdrawals from ATMs. Such regulations may only be made following consultation with the Central Bank and where the Minister is satisfied that financial inclusion is being impaired due to such fees. While ATM access fees are not presently charged for domestic withdrawals in Ireland, this section allows the Minister for Finance to respond in the event that they are introduced.
Section 12 provides the Central Bank with the power to require information from entities operating in the cash system. This includes information from designated entities, cash-in-transit, CIT, providers, ATM operators, and other entities that operate cash service points. This section provides a legislative basis for the Central Bank to receive information and pass information to and from entities in the cash system to provide advance notice of changes.
Part 3 focuses on the resilience of the cash system. It provides for the regulation of ATM operators and cash-in-transit companies, including registration conditions and notification requirements. It also provides for the sharing of information between the Central Bank and the Private Security Authority.
Part 4 provides powers that will be required by the Central Bank to implement and oversee the registration regime in Part 3. It provides for the making of regulations by the Central Bank and the setting of service standards for ATMs. It also sets out the sanctions for failing to comply with the requirements of the legislation, and the powers of Central Bank authorised officers when undertaking an investigation.
Part 5 provides for amendments to the Central Bank Act 1942 and the Companies Act 2014 to take account of and give effect to this Bill.
Part 6 provides for the Central Bank to carry out and publish a cost-benefit analysis of any regulations it proposes to make. This change is based on another recommendation of the 2022 retail banking review. Previous discussions on this Bill have addressed the required distance to ATMs, Irish language provision and reporting and review. After consideration and analysis, a specified distance of not less than 5 km and not more than 10 km, minimum ATM numbers per 100,000 people and the local deficiency framework were deemed the optimal approach to maintain access to cash levels in the State.
Regarding Irish language requirements, ATM services are available in a number of languages and the consequences of placing such an obligation on privately owned ATMs, particularly older machines in lower traffic areas, are unclear. This would have cost and service provision implications for reprogramming machines and an associated risk is that ATMs would be withdrawn to comply with requirements. The provisions of the Bill were carefully drafted to balance any imposition of costs and administrative burden with the policy goal of ensuring access to cash.
The Central Bank will report regularly on the access to cash infrastructure in the State and the review by the Central Bank is provided for under conditions in section 5.
The legislation comes at an inflection point in the use of cash and alternative payment options as well as changes to the global economy. It will put in place a framework that ensures access to cash is sufficient and effective, while responding to evolving demand in the future. I commend this Bill to the House.