07 Finance

Elizabeth White Practice Development Consultant

Louise Sharkey Practice Development Lawyer

2025 AT A GLANCE

  • Ireland has advanced a series of banking and financial services initiatives in 2025 with a principal focus on enhancing infrastructure, consumer protection, and institutional governance.
  • The powers and jurisdiction of the Financial Services and Pensions Ombudsman have been expanded, enabling public hearings and broader access for consumers.
  • The Finance (Provision of Access to Cash Infrastructure) Act 2025 places statutory obligations on banks and ATM operators to maintain minimum regional cash-access standards under Central Bank supervision.
  • Once enacted, the Central Bank (Amendment) Bill 2025 will embed a “Right to be Forgotten” for cancer survivors into the Central Bank Act 1942, prohibiting insurance discrimination after remission.
  • Further progress is awaited on two pre-election bills - the Microenterprise Loan Fund (Amendment) Bill 2024 and the Credit Review Bill 2024.
  • Following the release of their general schemes last year, the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill and the Registration of Limited Partnerships and Business Names Bill 2024 are still outstanding.

LEGISLATION: ACTS


This section addresses the principal pieces of domestic banking legislation enacted in 2025.

Amendment of the Financial Services and Pensions Ombudsman Act

The Financial Services and Pensions Ombudsman (Amendment) Act 2025 (the FSPO Amendment Act) was enacted on 15 April 2025 and came into effect on 9 May 2025. The FSPO Amendment Act amends the FSPO Act 2017 by introducing constitutional safeguards in light of the judgment of the Supreme Court in Zalewski v Adjudication Office & Ors [2021] IESC 24.

In Zalewski, the Supreme Court identified procedural deficiencies in the Workplace Relations Commission giving rise to constitutional difficulties. Significantly, the FSPO Amendment Act:

  1. introduces cross-examination on oath
  2. clarifies that a “financial service provider” includes those that have left the Irish market

The latter reform constitutes an important practical protection for consumers who can, in consequence, pursue complaints before the FSPO even where a provider exits the market. See further details here.

Access to cash infrastructure

The Finance (Provision of Access to Cash Infrastructure) Act 2025 (the Cash Infrastructure Act) was enacted on 20 May 2025 and came into effect on 30 June 2025. The Cash Infrastructure Act represents a regulatory response to concerns about financial exclusion, and its primary objective is ensuring that cash remains a viable means of payment as the banking sector transitions towards digital services. It replaces what had been a (predominantly) voluntary infrastructure policy with enforceable statutory obligations.

The Cash Infrastructure Act makes banks and credit institutions meeting the prescribed market thresholds (i.e. “designated entities”) subject to statutory obligations to maintain or remediate deficiencies in cash infrastructure in their service regions. Independent ATM deployers and cash-in-transit providers must register with the Central Bank of Ireland (the CBI) under this new regime. As part of this, such entities will be subject to CBI oversight, reporting and service standard requirements.

Importantly, the CBI is empowered through the Cash Infrastructure Act to monitor compliance, assess local deficiency notifications, and issue directions or remedial orders to designated entities if proposals from those entities fail to cure identified gaps. Enforcement powers include summary and indictable fines (up to €100,000), continuing daily penalties and further escalation in cases of serious breach.

The Minister for Finance (the Minister) has been given the authority to designate access to cash criteria at regional level. Examples of such statutory criteria may include:

  • minimal ATM coverage per number of inhabitants
  • maximum distance to travel to a cash access point
  • thresholds for service density

The Minister may also impose limits or prohibitions on access fees where such fees would unreasonably impede financial inclusion. For financial institutions, this creates an additional layer of operational responsibility, particularly in rural and under-served areas.

LEGISLATION: BILLS AND SCHEMES


This section details the principal banking-related bills and general schemes moving through the legislative process in 2025.

Central Bank (Amendment) Bill

Published in February 2025, the Central Bank (Amendment) Bill 2025 (the Bill) will introduce a statutory “Right to be Forgotten” for cancer survivors. This will transform the existing voluntary protections into binding law and ensure equality in access to financial products. It marks a major shift in how medical history can be treated in financial underwriting.

The two main features of the Bill are as follows:

  1. Financial service providers, including insurance and assurance providers, may not discriminate against a person on health grounds based on a cancer diagnosis if the person is five years post-treatment at the date the request for financial services or insurance is made.
  2. A survivor of cancer (five years post-treatment) will not be obliged to disclose their diagnosis when accessing certain financial services or insurance.

The Bill also elevates existing protections (that currently exist in a voluntary industry code) into enforceable legal requirements. As part of this transition from voluntary to statutory obligation, the CBI will have authority to regulate, supervise and sanction providers who fail to comply.

The Bill will align Ireland with EU insurance regulatory standards (e.g. the Solvency II Directive), while balancing an insurer’s risk management obligations. In addition, the Bill provides for the establishment of oversight structures, enforcement tools, and an appeals or dispute resolution mechanism for individuals.

While it was introduced as a Private Member’s Bill, the Bill enjoys Government support. It completed Second Stage in the Dáil in July 2025 and was referred for Committee Stage consideration on 19 November 2025.

Microenterprise Loan Fund Bill

The Microenterprise Loan Fund (Amendment) Bill 2024 (the MFI Bill) will restructure the governance and ownership of Microfinance Ireland (MFI) by transferring control of MFI from the Social Finance Foundation to the Minister for Enterprise, Tourism and Employment (the Minister for Enterprise). The aim of the transfer is to stabilise the microfinance sector by reconstituting MFI under direct ministerial oversight.

Through amendments to the Microenterprise Loan Fund Act 2012, the MFI Bill will vest the share capital and associated assets and liabilities of MFI with the Minister for Enterprise, while simultaneously preserving operational continuity and existing contractual relations. It will also implement a new governance structure (board of directors and chief executive), and superannuation arrangements for staff. If enacted, the MFI Bill will create a more predictable and transparent structure for microenterprise lending with the benefit of direct State accountability.

The MFI Bill passed through the Dáil without amendment in September 2024. Following the General Election, it was restored to the Order Paper in February 2025, but has not yet been considered by the Seanad.

Credit Review Bill

The Credit Review Bill 2024 (the 2024 Bill) will give permanent statutory underpinning to the existing Credit Review Service (the Service), which was established in 2010 under the National Asset Management Agency Act 2009 to review declined credit applications for small and medium-sized enterprises (SMEs) and farms. The aim of this codification is to increase legal certainty, fairness, transparency and reliability for an SME seeking credit.

The 2024 Bill will provide for the appointment of a Credit Reviewer and staff. It will also require participating credit institutions to furnish internal documents (including reasons for refusal and related documents), and it will empower the Credit Reviewer to issue binding or recommended decisions, as well as providing for an appeals process. Pursuant to the 2024 Bill, the Service will become known as “An tSeirbhís um Athbhreithniú Creidmheasa”.

The 2024 Bill was introduced in the Dáil in October 2024 and awaiting Committee Stage at the time of the General Election. It was restored to the Order Paper in February 2025 and most recently completed Committee Stage in the Dáil on 26 November 2025, where it was amended.

IBRC/NAMA

The General Scheme of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill (the Scheme) was published in July 2024. It will provide for the final liquidation of the Irish Bank Resolution Corporation (IBRC) and the National Asset Management Agency (NAMA). Once complete, a resolution unit, set up within the National Treasury Management Agency (NTMA), is expected to take over management of the residual functions and liabilities of both entities from 2026 onwards. While it was originally envisaged that NAMA would first undertake these residual functions, before transferring any outstanding activity to the NTMA, this approach has now been altered to transfer residual activity directly to the NTMA.

To operationalise the above, the Scheme proposes a number of amendments and repeals across the relevant statutes (i.e. the IBRC Act 2013 and the NAMA Act 2009). It will also ensure the continuity of existing contracts by deeming them to be automatically assigned. This Scheme aligns with NAMA’s strategic plan and aims to reduce State overhead while preserving legacy management capacity.

The General Scheme was approved in July 2024, and the legislation has been listed for priority publication this term in the Government’s Autumn 2025 Legislation Programme.

Limited partnerships and business names

The General Scheme of the Registration of Limited Partnerships and Business Names Bill 2024 (the General Scheme of the LP Bill) proposes the complete overhaul of the Limited Partnership Act 1907 and the Registration of Business Names Act 1963. The intention is to replace these acts with a modern and transparent registration regime.

If enacted, this new legislation will:

  • introduce a five‑year re‑registration cycle, with obligations to verify the identity of all partners and registrants, along with a beneficial ownership register for non‑EEA partners
  • require limited partnerships (LPs) to maintain a principal place of business in Ireland and to carry on economic activity domestically
  • require LPs to have at least one EEA‑resident general partner
  • empower the registrar with enhanced enforcement tools analogous to company law systems.

Existing LPs/business names will be subject to a notice and re-registration window; the Registrar may issue notices within 30 months of commencement, after which entities will have 12 months to comply or risk removal.

The General Scheme of the LP Bill also mandates timely notification (within 14 days) of changes, naming conventions (e.g. “Limited Partnership” or “LP”), and aligns registration of business names with modern practice (including renewal, removal, and service of notices). The General Scheme’s objectives are to strengthen regulatory integrity, increase transparency, and respond to international standards against misuse of shell entities.

The General Scheme was approved in July 2024, and further progress is awaited.

EU DEVELOPMENTS


This section considers the key EU developments in 2025 of relevance to banking.

EU Green Bonds Regulation

Three delegated regulations under the EU Green Bonds Regulation (EU) 2023/2631 entered into force in August 2025:

  1. Commission Delegated Regulation (EU) 2025/753 prescribes the content, methodologies and presentation of the information to be disclosed by issuers of bonds, where such bonds are being marketed as environmentally sustainable and for sustainability-linked bonds.
  2. Commission Delegated Regulation (EU) 2025/754 provides for the rules of procedure for the exercise of the power to impose fines or periodic penalties by ESMA on external reviewers.
  3. Commission Delegated Regulation (EU) 2025/755 specifies the type of fees to be charged by ESMA to external reviewers of EU Green Bonds, the matters in respect of which the fees are due, the amount of fees, and the method of payment for such fees.

The European Union (European Green Bonds Standards and Disclosures) Regulations 2025 (SI 41/2025) gave effect to the EU Green Bonds Regulation in Ireland in February 2025. The Regulations provide powers to the CBI and its authorised officers to supervise compliance and impose sanctions for breaches.

Crisis management and deposit insurance (CMDI)

The European Parliament and the Council of the EU reached a political agreement in June 2025 on a package to reform the EU’s banking CMDI framework. The package, which is made up of three directives and one regulation, will amend the:

  • Bank Recovery and Resolution Directive
  • Single Resolution Mechanism Regulation
  • Deposit Guarantee Schemes Directive
  • Daisy Chain Regulation

A central aim of the reform is to increase the ability of competent authorities to intervene where small and medium-sized banks are in financial difficulty. This will enable such banks to make an orderly exit from the market and avoid liquidation. Importantly, the proposed reforms are intended to recognise the specificities of national banking sectors while simultaneously ensuring an even footing amongst Member States.

The European Parliament and the Council are currently working to fine-tune the technical details of this political agreement. Formal adoption of the proposals is not expected until Q1, 2026.

Information accompanying transfers of funds

The European Union (Information accompanying transfers of Funds) Regulations 2025 (SI 310/2025) were signed into law in July 2025, implementing the recast Transfer of Funds Regulation 2023/1113 into Irish law.

One of the important effects of this Regulation has been the extension of the “travel rule” to crypto assets, which has meant an increase in the information on originators and beneficiaries that is required to accompany the transfers of crypto assets.

Securitisation Regulation

In June 2025, the European Commission published a set of proposals to amend the Securitisation Regulation (EU) 2017/2402 and the Capital Requirements Regulation (EU) 575/2013. This followed a review of the EU securitisation framework in 2024. The proposals aim to simplify due diligence, reduce operational costs, and make the EU’s securitisation framework more principles based. These proposals are at the early stages of the EU legislative process.

Digital Euro

On 30 October 2025, the European Central Bank (ECB) announced that its Governing Council has decided to move to the next phase of the Digital Euro project. This follows successful completion of the preparation phase, which ran from October 2023 to October 2025, which laid the foundations for issuing a digital euro. Achievements to date include:

  • the development of a draft digital euro scheme rulebook
  • the selection of providers for digital euro components and related services
  • the successful running of an innovation platform for experimentation with market participants
  • the investigation by a technical workstream into the fit of the digital euro in the payment ecosystem

The Governing Council will not make its final decision on whether to issue a digital euro, and if so, on what date, until after EU legislation has been adopted. A proposal for a regulation on the establishment of the digital euro was published by the European Commission in June 2023, but there has been very little activity on the file since then. However, on 3 November 2025, the European Parliament's Economic and Monetary Affairs Committee published its draft report on the proposal and the file also appears to be active before Council of the EU's working group .

Under the assumption that the EU will adopt the proposal during 2026, the ECB projects that a pilot exercise and initial transactions could take place by mid-2027. The whole Eurosystem should then be ready for a potential first issuance of the digital euro during 2029.

Digital Operational Resilience Act (DORA)

DORA entered into force on 17 January 2025. It includes a Regulation and a Directive on digital operational resilience for the financial sector. The purpose of DORA is to streamline the digital defence of financial entities in the EU to resist ICT disruptions (including cyber-attacks). It places obligations on financial institutions in relation to incident reporting, ICT risk management, and third-party oversight.

Artificial Intelligence Act (AI Act)

At EU level, an additional development worthy of note is the AI Act (Regulation (EU) 2024/1689), which entered into force on 2 August 2024. Certain aspects of the AI Act are operational already, but those on high-risk AI systems (such as credit scoring and underwriting) are not applicable until 2 August 2026 (and this may be extended further – see the Data Protection chapter for more on the Digital Omnibus). These additional provisions will introduce governance, transparency and data-quality obligations for high-risk AI systems. This will drive major updates to banks’ AI governance, data use, and digital-onboarding systems through 2026-2027, marking a pivotal phase in Ireland’s post-regulatory digital banking landscape.

LOOKING AHEAD

As will be apparent from the above sections, many significant pieces of domestic and EU legislation are either at the early stages of the legislative process or expected to progress in the coming months. We hope to see the following progress in the short to medium-term:

  • Ireland's Finance Bill 2025 (containing the usual Budget measures)
  • IBRC/NAMA Liquidation Bill (creating an NTMA resolution unit)
  • Legislation to align Irish law with the EU’s AI Act and legislation on data-sharing frameworks is expected in the coming months, with the Government’s Legislation Programme confirming that the heads of a Regulation of Artificial Intelligence Bill and Non-Personal Data Bill are currently being drafted.
  • Digital Euro project: We expect to see the EU legislation progress in 2026, paving the way for a final decision by the ECB in 2027.

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