FinanceDublin.com - Individual accountability before the courts – ‘constitutional spirits haunt the enforcement future’

There are now a range of public bodies with varying powers to make decisions affecting rights, which come perilously close to taking over the role which the Constitution reserves to the courts, writes John Freeman BL, author of “The Central Bank Acts: annotated and consolidated”, and vice chair of the Financial Services Bar Association.

On 29 December 2023, Irish financial services will open a largely unwanted Christmas gift as individual conduct standards take legal effect. The surprise element will be low. A unified enforcement process for individuals and firms (with matching individual standards) has been on the Central Bank’s wish list for some time and it has consulted widely. Industry, academia and leading firms have joined the conversation with extensive briefing notes and reflections. At times the conversation ha....

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John Freeman BL is a practising barrister specialising in financial services law. John is the author of an annotation and consolidation of the Central Bank Acts, on which he has provided expert evidence to the English High Court. Vice-chair of the Financial Services Bar Association (www.fsba.ie), an association of Irish lawyers (both solicitors and barristers) which aims to promote and develop members’ expertise in all areas of financial services law, John writes here in a personal capacity.