Oireachtas Joint and Select Committees

Wednesday, 24 September 2014

Joint Oireachtas Committee on Public Service Oversight and Petitions

Role and Functions: Pensions Ombudsman

4:25 pm

Mr. Paul Kenny:

No. If I felt the trustees had acted improperly and should be removed, I would refer the matter to the Pensions Authority because it has the power to apply to the High Court to deal with that and for the replacement of trustees where it believes they have not acted properly. We do have the right, which I did not mention in my presentation, to exchange information with the Pensions Authority, and we do this regularly. If we believe something of a more general nature is going wrong in connection with the administration of a scheme, we will report it to the Pensions Authority because we take individual complaints.

Complaints of a more general nature about what is called in section 18 of the Pensions Act the state and conduct of the scheme are a matter for the Pensions Authority, which has very wide powers of investigation. It can crash-land into an office during office hours and remove computers without notice. It has to get a warrant to enter a private dwelling but its powers of investigation are significant. It has used them on occasion when it believed widespread fraud was being committed in regard to a scheme. There are powers in place and we would not hesitate to report that to the authority. We also, incidentally, have the power to exchange information with the Revenue Commissioners.

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