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Select Committee on Enterprise and Economic Strategy díospóireacht -
Tuesday, 8 Apr 1997

SECTION 27.

I move amendment No. 27:

In page 27, subsection (2), line 34, to delete "50 per cent." and substitute "75 per cent.".

Subsection 2 provides that, unless the registrar otherwise allows under subsection 3, the total deposit liabilities of a credit union to its members shall not exceed 50 per cent of its total share liabilities to members. The corresponding section 9(2) of the 1966 Act provided that the total amount held on deposit by a credit union at any time should not exceed the paid up share capital of members of the credit union at that time. In other words, a credit union could hold an equal amount of deposits and shares, thereby setting 100 per cent as the aggregate deposits limit vis-�-visshares. Notwithstanding the limit in the 1966 Act, credit unions have always encouraged members to invest funds in shares rather than in deposits. This practice is reflected in the 1995 figures from credit unions reported to the Registrar of Friendly Societies. The total deposits in credit unions amounted to £152 million or almost 10 per cent of the £5.25 billion held in shares. Consequently, experience has been, since the inclusion of this aggregate limit in the initial 1966 Act, that it is well short of being reached.

My purpose in including a lower aggregate limit on deposits relative to shares is to ensure the financial stability of credit unions would not be affected by large amounts of floating deposits which chase high rates of return. I was conscious that a few large withdrawals within a short period could affect the liquidity position of a credit union. To minimise this risk, I originally included the 50 per cent figure because it did not affect the continuing desire of credit unions to have their members invest in shares. At the same time, it provided substantial scope for growth in the current 10 per cent deposits ratio of credit unions vis-�-vis their aggregate in shares.

Since the publication of the Bill, I have considered the 50 per cent limit in light of representations made by the league and, more specifically, one particular credit union which indicated that its holdings of deposits currently represented 66 per cent of its aggregate shareholding. Having confirmed this with the Registrar of Friendly Societies, I have decided in this amendment to raise the 50 per cent limit to 75 per cent. Nevertheless, I expect this rather unique position of the credit union concerned to change now that the individual £6,000 shares limit is being increased in section 27(4). The 66 per cent ratio should decline significantly as more of its members will be able to invest more funds in shares. This is a reasonable response to the representations I have received.

I also add that it remains open to the Registrar, under subsection 3, to provide a dispensation from this limit in future in the case of any individual credit union which would come close to this limit. In addition, section 181(1)(j) allows the Minister to change this percentage limit in the Bill by regulation from time to time. These provisions offer the required flexibility to review and, if need be, change this percentage limit in future.

I do not believe in capping loans, deposits and shares and that is where this amendment is weak. I will have to oppose it as the Minister does not go far enough to meet the requirements of credit unions. The figure is being increased from 50 per cent to 75. Many credit unions have become involved in community development and effort. There are about 427 of them having from £500,000 to £55 million in assets. The Minister, in what he is doing here, does not recognise the movement, its 1.5 million members and its involvement in society. I oppose any kind of cap.

The ministerial amendment represents an improvement on the original position and the Minister is moving in the right direction on two fronts. First, he has raised the threshold by 25 per cent. Second he has indicated he intends to allow provision to be made to increase that further by way of regulation. Now that we have been assured any change of that kind would happen after consultation with the League of Credit Unions, the Bill is improved. Nonetheless, this amendment does not go far enough and I will oppose it and move my amendment No. 28, which seeks to remove the 75 per cent limit. While I welcome the fact the Minister is going in the right direction, he has not gone far enough.

The amendment in Deputy Harney's name to which Deputy Quill refers does not deal with subsection 2. It is a different matter. What I have done in my amendment is prudent. It is of significance that the league considers it prudent as well. I have a document circulated by the league in which it sought an increase from 50 to 75 per cent for which I have provided. It minimises the risk I referred to in my remarks about major withdrawals from credit unions. It is prudent, given the increase in the shareholding ceiling, that there should be a cap. The credit unions and the league agree and I will maintain my position on this.

A proposal was put to the Minister that he increase this to 100 per cent. He has performed a wheeler dealer job in only increasing it to 75 per cent. I do not understand why he cannot go as far as 100 per cent. This is a half measure and the league is not asking for a major favour. Members from all sides who spoke on Second Stage expressed concern about capping. There will be no problem if 100 per cent is allowed.

The Deputy is correct. Much of this results from negotiations behind closed doors. That is the nature of negotiations.

Is Fianna Fáil prodding the Minister?

Yes, I accept that. I have bitten my lip so often I will need medical attention. I do not wish to spoil the harmonious climate in which we are making progress. This is important legislation which affects the lives of many people and we wish to see it enacted.

The league circularised a document in response to the first tranche of amendments. On section 27(2) it states that "the aggregate liabilities of a credit union in respect of deposits of members shall not exceed 50 per cent of its aggregate liabilities in respect of shares issued to members. The board submitted that 50 per cent be changed to 100 per cent. The Minister proposes to change 50 per cent to 75 per cent. This addresses and resolves a submission of the league board".

During negotiations there were occasions when the league got 100 per cent and on other occasions the Minister got 100 per cent. More frequently it fell between with the consent of both parties. In practice this is not a problem and if a particular union has a problem it can approach the registrar.

Can a union seek the permission of the registrar to increase the cap?

Will the registrar not wonder why only one union is asking for an increase?

No. The discretion of the registrar to deal with specific situations is enshrined in the Bill. Not all the 500 unions are at a similar stage of development. There is a wide disparity in their development. It will be interesting to see the effect of the dramatic increase in the ceilings over the next two to three years. Will it result in the major unions becoming substantial organisations? Will some of the smaller and medium sized unions catch up? Different people have different views on this. When one removes the politics from the debate, this is a serious increase in the ceiling.

There is an inference that credit unions will go off the rails and start accepting deposits at a great rate. I do not think this will happen. Credit unions are well managed businesses. However, the flexibility of management is reduced by restricting them. Some people will want to invest with a particular union. Many recipients of substantial amounts of severance pay deposit their money in credit unions. Those who receive more than £30,000 will have to use a second institution to deposit their funds. Credit unions do not exploit depositors. There have been cases where people have been misled by advisers and have lost their money.

That is more appropriate to the next amendment. Under subsection (3) the Minister may grant a dispensation.

I do not see the purpose of going down this line.

The Minister may make the regulations.

The registrar does not need regulations. He can make a dispensation for a particular credit union.

That is reasonable.

Amendment agreed to.

Amendments Nos. 28 to 32 are related and may be taken together by agreement. Agreed.

I move amendment No. 28:

In page 27, lines 42 and 43, and in page 28, lines 1 to 7, to delete subsections (4) and (5).

This amendment is central to the Bill. It hits capping where it is most fundamentally important to the progress and development of the credit unions. We argued this amendment thoroughly on Second Stage. The purpose of this amendment is to remove the restriction on shareholding and deposits of more than £20,000.

Section 27 states that the maximum shareholding or deposit a member may have in the credit union is £20,000. The board submitted that £20,000 in shares should be changed to £30,000 and that the deposit figure should be increased to £50,000 or an amount equivalent to 2 per cent of the credit union's share, whichever is the greatest. The board suggested these alterations arising from its experience and after much consultation with key bodies. It regards these figures as reasonable, attainable and necessary for the consolidation of the gains made and for the future development of the credit union system. I support the board's proposals.

The effect of Deputy Quill's amendment is to remove limits on a member's share holding and deposit holding in a credit union. As I have already indicated in the House, I do not want credit unions to diverge from their mission of catering for the personal financial needs of members in the local community. In particular, I do not want them chasing corporate business which has little commitment to the credit union other than for the rate of return on deposits.

This amendment would pave the way for overturning the ethos of the credit union movement and I am not prepared to accept it. My own amendments provide the necessary room for growth which credit unions are seeking while restricting their sphere of operations to the genuine credit union member who wishes to continue to invest.

The separate limits for an individual member of £20,000 on shares and deposits have been the focus of much discussion. Amendments Nos. 29 and 32 are aimed at meeting the needs as represented to me. I wish to reiterate the considerations which led me to select the figure of £20,000 for inclusion in the Bill. It compares with the current shares limit of £6,000 established by the industrial and provident societies financial limits regulations of 1985 which were brought into effect on 5 December of that year. When account is taken of inflation in intervening years this is worth approximately £9,000 today. Subsequently, the shares limit of £20,000 represents a doubling of the previous limit in real terms.

Unlike shares there is no set deposit limit for a credit union member other than the general deposit limits for credit unions under section 9 (2) of the 1966 legislation. This provides that the total amount on deposit in a credit union may not exceed the paid up share capital. Given that credit unions encourage members to invest in shares, it was anomalous that the more stringent limit under existing legislation applied to shares. Accordingly, in publishing the Bill I decided to correct this anomaly by providing that the limit on deposits should be the same as that for shares.

Since publication of the Bill I have received numerous representations relating to share and deposit limits. Some, such as that from the Irish League of Credit Unions, have sought higher figures for both shares and deposits while the Credit Union Advisory Committee, the statutory committee which advises the Government on credit union issues, suggested an amendment to include a combined figure of £40,000 for shares and deposits. The registrar's 1995 figures of credit union shares and deposits show that the average credit union member holds about £1,000 in shares and £100 in deposits. This is broadly consistent with the recent submission made by the Irish League of Credit Unions to my Department at our request, the purpose of which was to enable us assess the extent to which the limits in the Bill were inadequate. According to the league's submission, current average savings, which include shares and deposits, amount to £1,220 per member. Only 222 of the 1.85 million members, equivalent to 0.01 per cent, have savings in excess of £40,000. A further 1,938 members, equivalent to 0.1 per cent, have savings between £20,000 and £40,000. A further 23,244 members, or 1.25 per cent, have savings between £10,000 and £20,000. Therefore, almost 99 per cent of members have savings of £10,000 or less.

Putting to one side the small number of credit union members with savings at or near the combined limit of £40,000 proposed in the Bill, it is clear that the limits in the Bill provide substantial scope for credit unions to increase the amount of shares and deposits of the vast majority of members. However, in order to provide further flexibility for growth I have decided that subsection (4) should be changed in two ways. First, I propose to adopt the combined formulae recommended by the Credit Union Advisory Committee. Second, I have decided to increase the effective limit from £40,000 to £50,000 and I have included an aggregate shares and deposits figure of £50,000 in the amendment. This will allow members hold shares up to £30,000 and if they decide to invest all their funds in shares, the effective limit is £50,000. Having regard for the emphasis credit unions place on shares over deposits, I have decided to make no change in the deposit limit of £20,000.

I am aware that some credit union interests are unhappy with the concept of fixed sum ceilings despite these changes. Accordingly, a new subsection (5) provides flexibility enabling credit union members to go beyond the £50,000 limit in special cases. In addition, subsection (6) clearly states that anybody exceeding these limits at the commencement of the section will not be affected. Based on the figures provided by the Irish League of Credit Unions, I estimate there will be fewer than 100 members with credit union savings in excess of £50,000.

By reference to current credit union activities the original limits in the Bill would have been satisfactory. However, I decided to increase and revise the limit formulation in response to representations I received from many colleagues on both sides of the House and from the Irish League of Credit Unions and individual credit unions. This affords credit unions even greater scope for growth.

Amendment No. 32 provides for a new subsection (5) which defines the circumstances in which credit union members may exceed the aggregate savings limit of £50,000 outlined in subsection (4). There are two conditions: the number of members permitted to exceed the limit of £50,000 may not exceed 1 per cent of the total number of members in the credit union and any such members shall not hold more than £30,000 on deposit. This new subsection is a response to the special cases of credit union members which may arise from time to time. This will allow, for example, a long standing credit union member who may come into a substantial inheritance to invest that sum with their credit union. Similarly, a long standing member may hold significant savings in a credit union and then retire with a significant lump sum which he would wish to invest in the credit union. Such exceptional circumstances are now catered for.

We know from figures supplied by my Department and the League of Credit Unions that only about 222 members have savings over £40,000; I estimate that fewer than 100 members have savings above £50,000. This equates to 0.005 per cent of members, or one in 20,000. In providing for 1 per cent I am allowing credit unions substantial scope to cater for special cases for which the previous fixed limits did not cater. The remaining 99 per cent of members hold savings at or below £10,000. The new limit of £50,000 allows substantial scope for the growth of the movement in the years ahead.

The new subsection (5) also includes provision for the registrar to change the 1 per cent provision in the case of an individual credit union which may have a higher incidence of prosperous members. I was thinking, Deputy O'Keeffe, of Mitchelstown, for example. This provides further flexibility for credit unions whose profile of members might differ from the norm. Similarly, the Minister is given power in subsection (6) to increase by order the financial and percentage limits applying in subsections (4) and (5).

This generous and flexible package of measures amounts to an appropriate response to the future growth of the credit union movement and of individual credit unions.

We mentioned earlier that a difference exists between credit unions. There are small rural credit unions on the one hand and big, progressive ones on the other. I am aware that the Minister is faced with a dilemma in proposing legislation which would cater for all types of credit union when such differences exist. The Minister has outlined the changes he has made since he last met with the committee some weeks ago. Those changes acknowledge that what was initially proposed was going to be very restrictive. In spite of the changes being brought forward today, the future development of the credit unions will still be restricted. Given the changes in employment in Ireland, redundancies, for example, are becoming a regular feature of Irish life. If a long standing credit union customer is made redundant and goes to their credit union to lodge their redundancy payment, the credit union may only be able to accept part of the payment and may have to direct their customer to the local bank to lodge the remainder. That places an unnecessary restriction on credit unions and I ask the Minister to reconsider this.

The figures the Minister quoted bring us back to reality. The credit union is the ordinary man's saving club where a member may have £1,000 to £10,000 savings or borrowings. That was the purpose of credit unions when they were set up.

As a result of the discussion and publicity which this Bill has received over the past weeks, we will see a substantial upsurge in the activities of credit unions. A number of people who have spoken to me were not aware of the role credit unions were playing. The farming community is now involved with credit unions availing of its savings and borrowing facilities. That is all to the good.

There is one point I am unhappy about and that is that the credit union would have to decide that a minimal 1 per cent of its membership would have access to savings above a certain level. That is too restrictive. If somebody is fortunate enough to have a substantial amount of money which they wish to invest locally, they should be allowed to do so. If the money is invested it may be loaned to other members. How did the Minister arrive at the figure of 1 per cent of members having the opportunity to become special members so as to avail of excess money?

Given the figures which the Minister has spelt out, this is not going to pose a problem. We are not talking about substantial savers and I do not envisage financial investors or speculators availing of credit unions. The credit unions will continue to do the good job they are currently doing. I hear a lot of talk on the Fianna Fáil side about redundancies but they will become a thing of the past as the economy improves. There will, however, be people who have substantial savings and if they want to invest locally, there should be no restriction on them. The 1 per cent figure seems ridiculous. Perhaps the Minister would withdraw this altogether.

My argument is basically the same as other members are making. Will the Minister explain why he chose a figure of 1 per cent? There has not been a problem to date in relation to this and there is no such restriction in place at the moment. The Minister has said that, even without the restriction, it would appear that there has not been a problem.

As he is aware from his trade union days, we no longer have redundancy programmes. However, we may have rationalisation or early retirement programmes in some areas and people might receive a sizeable package. Some of these people may not have had any dealings with a bank. They may only have dealt with credit unions. I do not think the Minister intends that credit unions will have to choose who should be members and who should not. In essence, that is what could happen. There is no restriction at present so perhaps the Minister would consider deleting that section on Report Stage and giving the matter further consideration.

Having listened to my colleagues speaking on this section, it is clear there is resistance from some credit unions to this 1 per cent provision. I was specifically asked to use my influence with the Minister to improve it. We are living in a growing economy. The wealthy do not tend to avail of credit unions to the same extent as the working class. However, with an increase in the number of people earning a decent income, more people are becoming involved in credit unions. The Minister mentioned the prison officers' credit union. Some prison officers are earning in excess of £30,000 in overtime alone. Many employee groups have their own credit unions; the TUI has its own credit union and many third level institution and hospital staff are very well paid. Fear has been expressed that 1 per cent is a very small percentage. Although it might seem a big percentage in very poorly resourced branches in some professional unions it might be too restrictive. Mitchelstown credit union is probably lobbying very hard for an increase in the 1 per cent level given the level of wealth in the area.

There are many big farmers there.

It is interesting to note that many farmers have recognised the excellent return on investments in the credit union. Leaving that aside, we recognise that some credit unions are in catchment areas where there is an average £1,000 savings and deposit record. There are other extremely wealthy credit unions where that figure would be disproportionate. We should look at altering the 1 per cent figure.

I support the request made by other committee members on section 27. If the Minister were to remove the 1 per cent provision that would be welcome. Two per cent of assets could be substituted for the 1 per cent of assets. That would bridge the gap and give everybody a fair chance. There is a good deal of opposition from credit unions to the 1 per cent of assets. The Minister should try to alleviate that.

I too would like the Minister to look at this 1 per cent limit. In the case of small, rural based credit unions a number of members might avail of early retirement because of redundancies in a local industry or insurance policies maturing in certain sections of industry. This limit is restrictive and it is causing much concern among credit union members. I ask the Minister to re-examine the 1 per cent limit.

There is cross-party support for this measure. However, I cannot see the validity of including it. Deputy O'Keeffe made much play of the fact that the Minister changed this Bill as a result of Fianna Fáil pressure. However, Government members had discussions with the Minister on this issue following extensive representations, therefore, I would like to think he is reflecting our wishes as well.

Amendments Nos. 30 and 31 are reasonable. Amendment No. 30 states: "In page 28, subsection (4)(a), line 2, to delete "£20,000" and substitute "£30,000". Amendment No. 31 states: "In page 28, subsection (4)(b), line 4, to delete "£20,000" and substitute "£50,000 or an amount equivalent to 2 per cent. of the credit union's share balance whichever is the greater". I urge the Minister to accept these amendments.

I am encouraged by the Government Deputies who agree with what we are saying. This is important because credit unions are community based organisations. I have no doubt the Minister supports these amendments because he is fair minded. There is no point in preventing credit unions receiving moneys available to them. They have used such money properly in the past and that is why they have been successful in terms of deposits and shares. Credit unions have done well financially.

I support the comments about the 1 per cent. This Bill was introduced because nothing was done for 30 years. The Minister is to be complimented on recognising the problems in relation to credit unions and dealing with them. I know he will reply positively to the queries about the 1 per cent.

I thank all the Deputies who contributed to the discussion. It is encouraging not to be left alone. Never did a Minister have such unanimous support for legislation and I am happy to act on that. I have agreed with Deputy O'Keeffe on a number of previous Bills and that should be the purpose of legislating. Should the boot be on the other foot, although I do not anticipate that will happen, I have no doubt Deputy O'Keeffe will reciprocate in kind.

We are losing out sense of perspective. Deputy Boylan was trying to reintroduce that by suggesting that we should look at the figures I have given the committee. We are now reduced to talking about the exceptional cases which are not accommodated within the £50,000 limit. Notwithstanding the fluctuations in the size of credit unions, to which Deputy Power referred, I still hold the view that there are few people in credit unions who have more than £50,000 to invest in them. I and the Chairman know as much about redundancy settlements as anyone else and few of them are in excess of £50,000. We should keep our sense of perspective.

The figures I have given the committee are agreed ones. The average credit union member holds approximately £1,000 in shares and approximately £100 in deposits. I have spent much time with my friends in the Irish League of Credit Unions arguing about ceilings of £40,000 and £50,000. According to the figures published by the Irish League of Credit Unions, there are 222 members out of 1.85 million with savings of more than £40,000. If the figures are that small, why is it a problem? Where are these people who want to deposit more than £50,000 in a credit union? If there are such persons, I am sure most credit unions will look carefully at them before accepting their £50,000. Any credit union activist I have met does not want to provide a bolt-hole for hot money for someone who wants a short rate return.

We are managing to keep intact the unique tax status of credit unions. That is important although it is difficult to find an organisation of 1.85 million members with the same view. It is important, for example, that credit unions continue to enjoy the corporation profits tax exemption. I know that in the past Deputy O'Keeffe has accused me, tongue in cheek, of being influenced by the banks in formulating this Bill. When one gets over having a chuckle about that — one knows Deputy O'Keeffe is being mischievous in this regard — there comes a point where a balance must be struck.

The banks have presented a view to us. I, personally, have not met the banks. In hindsight, perhaps I should have found time to meet them. I probably have not met them because I want to be able to tell the committee that I have not done so, but my colleagues have met them subsequent to the publication of the Bill. The banks are entitled to represent a view, which is that they are entitled to a level playing pitch and that if we are going to provide for big corporate or other major investors, certain presumptions about the future of credit unions may be reopened. That is not a desirable position. The credit union movement is for the 99 per cent of members who are catered for adequately and comfortably here. It is not about big commercial enterprise and investors. I have tried to cater for that 1 per cent in this particular point to which we have reduced the debate.

Deputy Sheehan may have a point when he suggests that we replace the 1 per cent of members with 2 per cent of assets. I will not be able to resolve that now but I am willing to examine this between now and Report Stage. I do not want to mislead anybody but I feel fairly resolved in my mind that what we have come up with now is the best possible outcome from the diversity of discussion I have had with individual unions which had a distinctive input — the league, Opposition Deputies and colleagues on the Government side of the House who, as Deputy Finucane said, have been at my door to represent strongly their views on this matter.

As soon as the Bill was published, and before there was any debate on it or it attracted any national attention, I went to Limerick and told them I was prepared to take on board meritorious amendments. I am still prepared to do that. This is a pretty sensible outcome and I will leave it at that.

I have listened with interest to the Minister. I have always found him to be a reasonable man on Committee Stage, in spite of the mischievous things that go on.

I am only saying there will be a perception abroad that credit unions cannot accept investment because there seems to be a cap. There are no better people than those in the other financial institutions, which are competitors whether or not one likes it, for making up stories about how the credit unions cannot take deposits from people because they are limited.

Credit unions are growing. Reference was made to the credit union in Mitchelstown and its manager, Mr. Michael Hennessy, is present. He is the pioneer who made the Mitchelstown credit union the finest and most innovative in the country. It has led the way in the provision of services for all the credit unions of which I am aware. This is not because of the wealth of this small farming area but the good co-operative society in the area and, for the information of Deputy Eric Byrne, the credit union has built on its strength too.

I would be worried about the perception which would be created abroad. I know that only the odd person has large sums of money to invest. People who have such sums often have other outlets or they are looking for a better return.

People are innocent when it comes to investment and they get into difficulty because they always look for a better return. What appears to be a good market is often the worst and we have seen cases of that over the past five, ten or 15 years — we can go back to the Shanahan stamps, for example. I am worried about that perception.

I will not divide the committee on this amendment because the Minister made his point clearly and said he will examine the matter between now and Report Stage on the basis of what Deputy Sheehan said. My point is that there will be a perception abroad that investment in credit unions is restricted. Rumours spread and it can be effective. There is merit in examining the matter.

Amendment, by leave, withdrawn.

I move amendment No. 29:

In page 28, subsection (4), lines 1 to 4, to delete paragraphs (a) and (b) and substitute the following:

"(a) shall not hold on deposit with the credit union more than £20,000; and

(b) shall not have or claim an interest in shares in the credit union exceeding an amount which, when aggregated with the amount held by the member on deposit with the credit union, exceeds £50,000.".

Amendment agreed to.
Amendments Nos. 30 and 31 not moved.

I move amendment No. 32:

In page 28, lines 5 to 7, to delete subsection (5) and substitute the following:

"(5) A credit union may permit a member to exceed the limit in paragraph (b) of subsection (4) and, in such a case, the limit in paragraph (a) of that subsection shall not apply but—

(a) the member shall not hold on deposit with the credit union more than £30,000; and

(b) the number of members so permitted to exceed the limit in subsection

(4)(b) may not exceed 1 per cent. of the total number of members of the credit union for the time being;

except that, if the Registrar sees fit to do so in the circumstances of a credit union, he may, on such terms as he thinks proper, grant to the credit union a dispensation from paragraph (b).

(6) The Minister may from time to time by order increase the financial (including percentage) limits applicable under the preceding provisions of this section.".

Amendment agreed to.

Amendments Nos. 33 and 34 are related and may be discussed together by agreement. Is that agreed? Agreed. Amendment No. 33 is in the name of Deputy Harney but neither she nor Deputy Quill is present.

Amendments No. 33 not moved.

I move amendment No. 34:

In page 28, subsection (6), line 10, to delete "paragraph (b)" and substitute "paragraph (a)".

Amendment agreed to.
Section 27, as amended, agreed to.
The Select Committee adjourned at 6.10 p.m. until 2.30 p.m. on Wednesday, 9 April 1997.
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