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Dáil Éireann díospóireacht -
Thursday, 10 Jul 1958

Vol. 170 No. 3

Savings Banks Bill, 1958—Second and Subsequent Stages.

I move that the Bill be now read a Second Time. This Bill has been introduced at the request of the trustee savings banks. There are five of these institutions in the State—in Dublin. Cork, Waterford, Monaghan and Limerick and they have a long history behind them. They were all established between 1816 and 1820, which makes them a good deal older than the Post Office Savings Bank which was not set up until 1861. They are the oldest institutions in the country catering for the small saver.

In their long history they have rendered invaluable service in encouraging thrift and the steady increase in deposits over the past decade is an encouraging sign that, despite their age, they have in no way diminished in vigour. Their deposits now exceed £12,000,000—more than double what they were ten years ago. Though they are private bodies and not part of the machinery of the State, they have always been subject to State supervision and the manner in which they should conduct their business is regulated by statute. The Acts which govern them were for the most part passed during the early nineteenth century and were consolidated by the Trustee Savings Banks Act, 1863. This, with certain amending Acts, is still the governing statute.

Under the Acts, these banks were under the general control of the British National Debt Commissioners, with whom they were required to invest their deposits. As the functions of the commissioners were not specifically allotted to any Irish authority at the setting up of the State, this position continued until the 1940 Finance Act provided that the Irish trustee savings banks should lodge all future deposits with the Minister for Finance; these deposits are invested in the same manner as deposits in the Post Office Savings Bank.

Apart from the 1940 provision about the lodgment of deposits, there has been no amendment here of the law governing trustee savings banks since 1920 with the result that the code of legislation under which the banks operate is now out of date in certain respects. In Britain steps have already been taken to bring savings bank legislation into line with modern needs and, between 1920 and 1949, four amending Acts were passed followed, in 1954, by a consolidating measure.

We too have in hands a comprehensive review of trustee savings bank legislation with a view to amendment and consolidation but, as the matter is very technical and complicated, examination will take some time. The trustee savings banks have, however, drawn special attention to certain statutory restrictions which are unnecessary in present-day conditions and which, they find, prevent them from cooperating fully in the savings drive. It is with a view to freeing the banks as soon as possible from these operational difficulties that the present short preliminary Bill has been prepared. As well as removing these restrictions, the Bill makes certain provisions in relation to the superannuation of the banks' staffs designed to bring the pension terms to be given to these staffs as nearly as possible into line with those available to civil servants under the Superannuation Acts.

I should like to add, before passing to a brief summary of the provisions of the Bill, that it is the intention to press ahead, in consultation with the banks, with the major job of revision and consolidation. If it transpires that the number of amendments necessary in the law is considerable, the Oireachtas may find it more convenient to have them in the form of a second preliminary Bill so as to simplify their study of the final measure which would then be a purely consolidating one.

Section 1 of the Bill is the interpretation clause.

Section 2 provides that deposits may be received and repaid by cheque or other negotiable instrument; that transactions of deposit and withdrawal may be carried out either during or outside normal banking hours and by post; and that where a group savings scheme is in operation, deposits may be collected by the bank at the place where the scheme is in operation either during or outside normal banking hours and by one officer of the bank only.

Section 3 enables the trustees of trustee savings banks to make and carry out pension schemes for their permanent wholetime staffs with terms which are, as far as possible, equivalent to those applicable to civil servants under the Superannuation Acts. At present superannuation benefits are limited to those provided for civil servants under the Superannuation Act of 1859.

Section 4 relieves a bank from the obligation of printing its rules in every deposit book issued by it. Instead, a copy of the rules must be made available to any depositor who asks for them.

Section 5 removes the restrictions which now prevent a depositor from having more than one account in a trustee savings bank or in the Post Office Savings Bank, and from holding accounts in both a trustee savings bank. and the Post Office Savings Bank. Power is also taken to amend the declarations required from intending depositors in both types of bank as these declarations at present contain a statement that the depositor has not an account in any other savings bank. It has been found that the prohibition on double accounts hampers group savings schemes since only persons who have no account already in another savings bank can participate in such schemes.

Section 6 is the customary section dealing with the short title and citation of the Act.

This is a Bill which has been wending its weary way along to this House. I am glad that, even at the end of this session, it has been found possible to include it in our legislative programme. The trustees of savings banks have been asking for a long time to have the law, as it affects them, altered, and it was deferred for years in the hope of getting a more comprehensive Bill. However, the decision to deal with it by stages was the only possible decision, if we were to see the matter put in order in the parliamentary lifetime of most of the members of this House. Comprehensive, consolidating Bills are very excellent things, but they arrive later rather than sooner.

I welcome this Bill. I must do so in any case having started it on its course. There are only a couple of minor questions to which I wish to refer on the Committee Stage.

Question put and agreed to.
Agreed to take remaining stages today.
Bill considered in Committee.
Section 1 agreed to.
Question proposed: "That Section 2 stand part of the Bill."

Is it intended that the effect of sub-clause (a) of Section 2 is that the banks can operate a cheque book scheme or is merely intended that it can receive deposits by cheque? I think that the word "repaid" there has no reference whatever to payments by the trustee savings banks. I think that word "repaid" has reference only to withdrawals by the trustee savings bank rather than the withdrawal of payments by an ordinary depositor.

The other point I have in mind is in relation to sub-clause (d). I agree entirely with the idea that a trustee savings bank must be empowered to receive deposits outside the bank premises. Group savings schemes for factories can be operated only in that way. The present law is that the trustee savings bank can take deposits only at its bank premises and that prohibits any receipt of deposits of a group savings scheme in factories. The purpose of sub-clause (d) is to ensure that the trustee savings bank, if it makes an arrangement with a factory, can send one of its officials there at a specified time to receive the savings of the group. That is an entirely desirable thing.

I am wondering, however, whether "trustee, manager or paid officer of the bank" is a proper restriction. I should have thought it better to have a specified designated officer of the bank. It might be a member of the management committee of the trustee savings bank who would be working in a factory and who would organise the group savings scheme in that factory. He might not be paid by the savings bank. Surely there should be sufficient latitude to allow a savings bank, if it thought fit, to appoint such a person to take a collection through the group. I agree, without any qualification or hesitation, that there must be a clear restriction that any officer of a savings bank cannot make collections without specific authority, but I would have thought that the appointment of the actual officer was a matter for the bank itself and that the law should merely restrict the section to providing that it must be a trustee, manager or a paid officer or other specifically designated officer.

I can conceive circumstances in which a paid officer, merely because he was paid, would still not be the right officer to receive the deposits. The Minister can visualise an office boy in a savings bank. There is one of the best savings banks in the country that I know of with large premises and one of the Deputies opposite should know it, too. In the case of that savings bank, an office boy would be a paid officer and it would be undesirable that he should be authorised to accept deposits away from the office. Equally, there might be a highly trusted member of the committee of management, not paid, who would be a proper person to take the deposits of the group and I think this clause would prevent him from taking such deposits.

With regard to the first point raised by the Deputy, it means that the bank can receive cheques or money orders and can pay out in cheques or money orders, but the depositor of the bank will not be issued with a cheque book.

It is purely for the internal working of the bank?

Yes. With regard to the observations made by the Deputy as to the person to be nominated to accept deposits in a group scheme, this is the suggestion of the banks themselves. I presume they thought of the points raised by the Deputy, and, if they had thought it necessary for them to be able to give power to a member of the committee to receive such deposits, they would have asked for it. They did not ask for it. As to the point raised by the Deputy about an office boy, we must trust that the committee of the bank will not nominate an office boy to receive deposits in such a scheme. It would be almost impossible to legislate to such an extent as to prevent them from making such a nomination.

What I meant was to prove that the section was wide enough to do that, while it was too narrow to do the other thing.

That may be, but I think that the banks would have asked for the power to nominate a member of the committee, if they thought that was necessary, and they have not asked for that power.

The Minister will take note of it against the time when the next Bill comes along. Of course, the Minister will not be here then and neither will I.

I will take a note of that.

Question put and agreed to.
Section 3 agreed to.
Question proposed: "That Section 4 stand part of the Bill."

I take it that subsection (2) means furnished without charge. It does not so state.

Yes. I should mention that the book runs into 24 pages. It is a very expensive item.

I appreciate that, but a depositor can get one without charge if he wants one?

That is correct.

Question put and agreed to.
SECTION 5.
Question proposed: "That Section 5 stand part of the Bill."

Section 5 does not affect the limit a person can hold in the savings bank?

The limit is gone too.

Completely gone? What about the Post Office savings?

The Post Office has a limit of £3,000.

Question put and agreed to.
Section 6 agreed to.
Title agreed to.
Bill reported without amendment, received for Final Consideration, and passed.
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