Michael Noonan (Limerick City, Fine Gael) | Oireachtas source

A Circuit Court review on appeal on a point of law would not be any more detailed than that of a High Court appeal in that no new evidence is submitted and the court is not rehearing old evidence. As such, a new perspective on the evidence would not apply. The adjudication would be whether the ombudsman erred in law or not. That would be the net point. Whether the appeal is to the Circuit Court or the High Court the procedure is the same. In addition, the Circuit Court jurisdiction value is lower than that of the High Court, which as I said, is set at €75,000 rather than €250,000 in the ombudsman's case. An appeal may need to be to the High Court or the Circuit Court, depending on the financial jurisdiction of the court. I do not think it is possible to have an appeals system to two separate courts for different complaint values. That could be confusing to consumers.

I do not want to be categoric about this at this stage of the process. We are only at the pre-legislative scrutiny stage. What we will take on board from this stage of the process is possible amendments to the heads or new heads of the Bill, which will form part of the examination of the process as a whole. There is merit in what the Deputy said. There is also merit in what I said in the speaking note which I read out. We need further consideration of the issue. I presume FLAC will offer its view to the committee later today and that the ombudsman will also have a strong view on this matter. I am prepared to wait for further advice and further discussion.