Feb 2018

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Further to our recent bulletin, the Companies (Statutory Audits) Bill 2017, which further transposes the EU statutory audit package and consolidates existing audit legislation into the Companies Act 2014, commenced and completed the Committee Stage in Dáil Eireann yesterday, when the Committee approved the Bill and the various amendments tabled.

Feb 2018

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On 16 February 2018, the Government published the National Planning Framework (NPF), which, together with the National Development Plan (NDP), form ‘Project Ireland 2040’ - the Government's vision for how to develop the country over the coming decades.

Feb 2018

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Ireland, unlike England and Wales, does not have sentencing guidance relative to health and safety offences.  Having said that, there are quite a number of Court decisions that provide useful guidance, including the decision of the Court of Appeal on 6 April 2017 in DPP v Kilsaran Concrete Ltd.  

Feb 2018

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The issue of unfair contract terms in loan contracts, and the extent of the obligation on a Court to examine this issue without it being raised by the parties, is continuing to be a feature in financial litigation. 

Feb 2018

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The Court of Appeal recently delivered judgment in a long running disability discrimination case which is noteworthy from an employer's perspective. The judgment brings clarity to the law on the extent of an employer's statutory duty to reasonably accommodate disabled employees.

Feb 2018

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The Intoxicating Liquor (Amendment) Act 2018 was signed into law by President Higgins on 31 January 2018.

Feb 2018

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From a domestic perspective, the European Union (Payment Services) Regulations 2018 were implemented, transposing PSD2 into Irish law. The Central Bank updated the application forms for firms seeking authorisation and also issued a number of guidance notes. On a European level, The ESAs published Final Guidelines under Articles 17 and 18(4) of the Fourth Money Laundering Directive.

Feb 2018

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At a domestic level, the Central Bank published the 4th edition of its investment firms questions and answers in line with the implementation of MiFID II and MiFIR. From a European perspective, MiFID II and MiFIR related activity also dominated with ESMA issuing a number of updates in connection with the transposition of the legislation.

Feb 2018

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From a domestic perspective, the Central Bank issued new quarterly statistics; the Cost of Insurance Working Group published report on employer and public liability insurance. On the European front, EIOPA published a report on group supervision and also consulted on draft regulatory standards concerning professional indemnity insurance under the Insurance Distribution Directive.

Feb 2018

Article

This month the Central Bank published the twenty-eighth Edition of AIFMD Q&A and the twenty-second edition of UCITS Q&A. On the European front, the European Commission published a roadmap relating to a delegated act under the MMFR.