IBRC commission of investigation
Open-knowledge reference entry
The IBRC commission of investigation was an Irish government commission of investigation to look into the transactions of Irish Bank Resolution Corporation (IBRC) that led to its failure.
The commission was established by the Oireachtas under the Commission of Investigation (Irish Bank Resolution Corporation) Order 2015 passed by Dáil Éireann and Seanad Éireann on 10 June 2015 to investigate transactions of IBRC.
It was composed of the chairperson and sole member, originally Mr Justice Daniel O'Keeffe, and subsequently Judge Brian Cregan. The original Chairperson Mr. Justice O’Keeffe informed the Government that, for personal reasons, he was unable to continue to act as chairperson of the commission; he was replaced by Judge Brian Cregan, a judge of the High Court.
Terms of Reference
The commission's term of reference were to investigate all transactions by IBRC between 21 January 2009 and 7 February 2013 which resulted in a capital loss to IBRC of at least €10,000,000 (either in one or more transactions relating to the same borrower). It shall also investigate all transactions which might give rise to public concern in respect of the ultimate returns to the taxpayer.
Further details of the terms of reference are set out in the Commission of Investigation (Irish Bank Resolution Corporation) Order 2015. It did not only examine transactions relating to the acquisition of assets by the National Asset Management Agency (NAMA).
However the terms of reference were very broad and the commission had a great degree of discretion as to the transactions it could investigate. The Minister for Finance stated in the Dail that "the commission will have the power to investigate any transaction of any value that gives rise or is likely to give rise to potential public concerns, regardless of the level of loss", including verbal agreements and was apparently not confined to the time-limits in the terms of reference.
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