Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I welcome the two presentations and thank the free legal advice centres and the Office of the Ombudsman for the consultation in which they engaged on this Private Members' Bill.

To focus on the statute of limitations and the six-year rule and deal with the timeframes available, my Bill proposes a timeframe of two years from the point at which the complainant becomes aware of the conduct of the provider. Under the Government's legislation, the timeframe is three years from the point at which the consumer becomes aware of or ought to have become aware of the conduct. The provisions of the legislation governing the Pensions Ombudsman are close to those set out in the heads of the Bill, with one major omission, namely, the right of the ombudsman under section 131(4)(b) to extend the period. The relevant paragraph states a complaint may be made "within such longer period as the Pensions Ombudsman may allow if it appears to him that there are reasonable grounds for requiring a longer period and that it would be just and reasonable so to extend the period".This power is being removed from the office of the ombudsman in the new legislation. The power could be regarded as a safety net in respect of cases where a financial institution or pensions provider argues on a technicality that the complainant ought to have become aware of the conduct. In such cases, the ombudsman should have the power to extend the period. Should this option continue to be available to the Pensions Ombudsman and the new office of the ombudsman?