This book is a critical examination of recently introduced individual accountability regimes that apply to the financial services industry in the UK (SMCR) and Australia (BEAR and the forthcoming FAR), together with a forthcoming new individual accountability regime (in particular, SEAR) in Ireland. It provides a framework for analysing whether these regimes will achieve behavioural change in the financial services industry. This book argues that, whilst sanctioning individuals to deter future misconduct is an important part of any successful regulatory strategy, the focus should be on ensuring that individuals in the financial services industry internalise the norms of behaviour expected under the new regimes. In this regard, the analysis in this book is informed by criminological theory, regulatory theory and behavioural science. The work also argues for a “trajectory towards professionalisation” of financial services, and banking in particular, as an important means of positively influencing industry-wide norms of behaviour, which have a key influence on firms’ and individuals’ behaviours.
Joe McGrath is Irish Research Council Scholar, a Fulbright Scholar, an Assistant Professor at the Sutherland School of Law, and the Vice Principal for Equality, Diversity and Inclusion of the College of Social Sciences and Law, University College Dublin, Ireland. He has published in the leading international, peer-reviewed journals in his fields.
Ciaran Walker is Consultant in the Financial Services Regulation & Governance group at the Dublin office of the global law firm Eversheds Sutherland, Ireland. He also lectures and has published in leading international journals in his fields. Prior to joining Eversheds Sutherland, he was Deputy Head of Enforcement at the Central Bank of Ireland.