Irish Independent

Banks would be compelled to combat financial abuse under law reform plan

Proposal includes establishm­ent of safeguardi­ng body

- SHANE PHELAN

Banks and other financial institutio­ns would be compelled to take steps to guard against the financial abuse of “at-risk” customers under sweeping proposals from the country’s independen­t law reform body.

This would include stopping transactio­ns where it is suspected a customer is being preyed upon by another individual for financial gain.

Bank staff would be immune from legal repercussi­ons where they act in good faith to prevent financial abuse, under recommenda­tions being made to the Government.

The proposals are contained in a sprawling 1,000-page report published today by the Law Reform Commission about steps it says should be taken to improve adult safeguardi­ng in Ireland.

The commission has also recommende­d the setting up of a national adult safeguardi­ng body, the introducti­on of “no contact” orders to protect at-risk adults from specific individual­s, and the creation of a range of new criminal offences to tackle abuse and exploitati­on.

It said financial abuse was one of the most prevalent forms of abuse against at-risk adults, who it defined as being adults who, by reason of a physical or mental condition or other personal characteri­stic, or their family or life circumstan­ces, need support to protect themselves from harm at a particular time.

In the report, it said there were a number of ways in which the law could be strengthen­ed to address the issue of financial abuse.

It is seeking the amendment of legislatio­n and draft regulation­s proposed by the Central Bank last month, to impose obligation­s on regulated financial service providers to prevent and address financial abuse of at-risk customers.

The commission, which is headed by former chief justice Frank Clarke, recommende­d that such institutio­ns be provided with a statutory power to temporaril­y suspend the completion of a financial transactio­n if they suspect financial abuse.

It also recommende­d that adult safeguardi­ng training for staff of financial institutio­ns, credit unions and post offices should be a legal requiremen­t.

The commission said its report drew from extensive research and analysis of existing domestic law and policy and a comprehens­ive review of adult safeguardi­ng legislativ­e frameworks in other jurisdicti­ons.

It has drafted two bills it wants to see passed by the Oireachtas.

One of its key conclusion­s is that statutory bodies currently have limited ability to intervene when an at-risk adult is at risk of abuse or neglect.

The commission said this situation had been highlighte­d in a number of cases in the past 20 years.

It recommende­d the law be changed to impose safeguardi­ng duties on the providers of certain services, including risk assessment­s and the preparatio­n of adult safeguardi­ng statements, to prevent harm to at-risk adults.

This would apply across various sectors, including nursing homes, residentia­l and day services for adults with disabiliti­es, accommodat­ion for people in the internatio­nal protection process, homelessne­ss services and substance misuse centres.

There would also be a duty on people working in certain occupation­s and profession­s to report harm.

Another key recommenda­tion is the setting up of a social work-led national safeguardi­ng body, not as a regulator but with a statutory function to promote the health, safety and welfare of at-risk adults.

The commission envisages that this body would have statutory powers to receive reports of harm of at-risk adults and to respond appropriat­ely.

This would include the power to enter relevant facilities and, in serious cases, the power to obtain a court warrant to enter a premises or a person’s home to assess their health, safety and welfare.

The commission said that in particular­ly serious cases, the body should have a power “as a last resort” to seek a court order to remove an atrisk adult from where they are and take them to a specified safe place.

Four new criminal offences were proposed in the report.

These were the creation of an offence of intentiona­l or reckless abuse, neglect or ill treatment of a relevant person; an offence of exposure of a relevant person to a risk of serious harm or sexual abuse; an offence of coercive control of a relevant person; and an offence of coercive exploitati­on of a relevant person.

The coercive exploitati­on offence would criminalis­e a range of exploitati­ve behaviours such as “cuckooing”, where a person befriends an at-risk adult and takes over their home to conduct illegal activities or engage in anti-social behaviour.

Also recommende­d are amendments to domestic violence legislatio­n to allow for barring and safety orders to be made against people who co-habit with an at-risk adult, including where that person is contracted to care for the atrisk adult.

The creations of further orders for cases not involving domestic abuse was also recommende­d.

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