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For clarification, the ODCA only became responsible for regulation of bank charges in May 1996.
Prior to that, the banks operated something akin to a "gentleman's agreement" with the Central Bank. The banks would ask the CB for approve specific increases in charges and the CB would nod demurely and say "oh go on then!". It was a bit like a child asking the teacher if the could go to the bathroom.
When ODCA assumed responsibity for regulation of bank charges, they were given a schedule of all charges that were approved AT THAT TIME. Had they been advised that the rate was 1% and not 0.5%, there wouldn't have been a problem. They compounded the difficulty in 1998 when they explicity assured the ODCA that the charges notified in 1996 were not being exceeded.
Their "sin" therefore is that they did not seek to address the problem when it became known. It was at this point that the dishonesty began. They clearly felt that if thousands of customers either hadn't noticed or couldn't be bothered to complain, it wasn't a serious issue.
Whoever made the decion to carry on without advising the regulator is the one at fault and he/she deserves to be fired for an act of gross misconduct (which I assume is provide for in the grirevance procedure of a company as large as AIB).
Those with responsibility for overseeing the work of this individual should also consider their position.
It might interest people to know that at the time it was responsible for the regulation of bank charges, the ODCA had a staff complement of just four people to regulate the charges of all the banks (retail and otherwise) in all of the country.
While I'm not sure what resources are currently available to IFSRA, I suspect they're better equipped (from both a resource and legislative perspective) to ensure an effective regulation. However, their inability to impose sanctions (as originally sought but successfully put to touch by the IBF) clearly compromises their ability to do so.