Dáil Éireann Debate, Tuesday - 21 March 2023
326. Deputy Paul Murphy asked the Minister for Finance if he accepts that Irish banks have sought to move lending off their balance sheets to improve their standing under capital adequacy rules; his views on whether the effect of the securitisation of Irish mortgages gives rise to questions regarding the true ownership of these assets; and if he will make a statement on the matter. [13134/23]
View answerI am advised by the Central Bank of Ireland that the transfer of assets via a securitisation will typically need to fulfil a “true sale” analysis. This is a legal test developed by the courts to determine whether a transaction is properly characterised as a sale or secured loan.
Where necessary, originators will need to consider with their legal advisors whether a relevant transaction satisfied the true-sale legal tests. As each securitisation can be structured differently and take different forms, the question of the conclusive ownership of assets after a true-sale securitisation must be assessed on a case-by-case basis.
Irrespective of the ultimate owner of these loans, the protections that are available to borrowers prior to the transaction continue to be in place with the new owner. Under the Consumer Protection (Regulation of Credit Servicing Firms) Act 2018 if a loan is transferred or sold, the holder of the legal title to the credit must be authorised by the Central Bank and must comply with Irish financial services law that applies to ‘regulated financial service providers’.
This ensures that consumers whose loans are sold or transferred, maintain the same regulatory protections, including under the various Central Bank statutory Codes of Conduct, such as the Consumer Protection Code 2012 and the Code of Conduct on Mortgage Arrears 2013.
With respect to capital adequacy rules, it is the case that the more risky a bank’s assets are, the higher a bank’s capital requirement. This is to ensure that banks can sustain losses, when they occur, without risking the bank’s survival.
Irish retail banks’ mortgage modelled Risk Weighted Assets are higher than the EU average. This results primarily from the relatively high historic credit risk experience in Ireland, the longer workout process on defaulted loans and uncertainty in relation to collateral realisation and the relatively elevated levels of non-performing loans and restructured loans in Irish banks.
One of the lessons from the post-2008 crisis is that banks did not fund themselves with sufficient capital to protect themselves against losses. The higher capital requirements increase the cost of lending for Irish banks, but now leave them in a more resilient position, reducing the risk of systemic stress events. The experience of the COVID-19 pandemic has highlighted the importance of a resilient banking sector that can withstand adverse shocks.
