E154 The Fifth Court: John Freeman BL — Central Bank Power, Personal Accountability and Fair Procedures

Peter Leonard BL and Mark Tottenham BL are joined by John Freeman BL, author of The Central Bank Acts: A Commentary.

John explains the modern role of the Central Bank of Ireland and how financial regulation has changed since the banking crisis. The discussion examines the increased focus on individual accountability within financial institutions, including how responsibility is assigned to particular executives and decision-makers.

They also consider:

• The Central Bank’s investigative and enforcement powers
• Personal responsibility for regulatory failures
• Fines, suspensions and exclusion from the financial services industry
• The effect of the Zalewski judgment on regulatory hearings
• Fair procedures when the regulator investigates and adjudicates
• Appeals to the Irish Financial Services Appeals Tribunal and the High Court
• The independence of the Central Bank
• The relationship between the Central Bank of Ireland and the European Central Bank
• Why the Central Bank Acts have become so difficult to navigate

John also discusses the work involved in writing a major legal commentary, the growing use of Irish within the legal profession and his interest in French revolutionary legal history.

Before the interview, Peter and Mark review three recent decisions from Decisis.ie:

• An unlawful repossession of a family home resulting in an award of €20,000 in damages
• Planning permission quashed because inadequate provision had been made for children’s play facilities
• A constitutional challenge concerning temporary release and a mandatory minimum sentence for serious drug offences

The Decisis.ie case-law section is sponsored by Charltons Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, specialists in family law, civil litigation, property, wills and probate.

Presented by Peter Leonard BL and Mark Tottenham BL.

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