There are certain legislative and regulatory provisions governing the provision of residential mortgage credit by Central Bank regulated entities to consumer borrowers in the State.
These include the 2014 EU Mortgage Credit Directive which provides for some common EU measures in relation to the provision of residential mortgage credit to consumers and includes a measure in relation to foreign currency mortgages.
For the purpose of the Directive, a ‘foreign currency loan’ is a mortgage where the credit is denominated in a currency other than that in which the consumer receives the income from which the credit is to be repaid, or is in a currency other than that of the EEA Member State in which the consumer is resident.
In particular, the Directive, which was transposed into Irish law by the European Union (Consumer Mortgage Credit Agreements) Regulations 2016, provides that mortgage lenders must at least ensure that they either:-
(i)provide to the foreign currency borrower a right (if conditions specified by the creditor are met) to convert the loan into an alternative currency or
(ii)that there are other arrangements in place, such as risk warnings or limits on the amount the consumer has to pay under the agreement, to limit the exchange rate risk to which the consumer is exposed under the foreign currency credit agreement.
The purpose of this measure is to warn and offer some protection to mortgage consumers who borrow in a foreign currency against the exchange rate risk associated with such borrowing. It it does not prohibit or prevent lenders from providing such loans.
Subject to complying with all relevant legislative and regulatory requirements, it is a matter for lenders to formulate their own mortgage credit lending policies and to make their own individual mortgage lending decisions.
Ultimately, the decision on whether or not to provide a particular credit product, and/or whether or not to provide credit in response to a particular credit application is a commercial decision for the individual lender.
As Minister for Finance, I have no role in such commercial decision making by banks or other mortgage lenders.
The Central Bank revised Consumer Protection Code 2025 provides that, where a Central Bank regulated entity does not approve a personal consumer’s formal application for credit it shall provide to the consumer the reasons why the credit was not approved and, if so requested, it shall provide those reasons in writing.
If a person is not happy with the way that a bank or any other Central Bank regulated firm is dealing with him/her, or if the person feels that the regulated entity is not complying with the relevant financial services legal or regulatory requirements in relation to an application for mortgage credit, the person should make a formal complaint directly to the regulated firm in the first instance.
If a consumer is not satisfied with the response from the regulated firm, the person can then refer the complaint to the statutory Financial Services and Pensions Ombudsman.