Michael McGrath (Cork South Central, Fianna Fail) | Oireachtas source

I move amendment No. 4:

4. In page 5, between lines 25 and 26, to insert the following:“Requirement to hold oral hearings

9. Where a complainant has made a request to hold an oral hearing, and where there is a discrepancy in the account of events between the parties that is fundamental to arriving at a conclusion, the Financial Service Ombudsman shall be obliged to hold an oral hearing.”.

Again, this issue was raised by the Free Legal Advice Centres, FLAC, in its 2014 report entitled Redressing the Imbalance, which is a study of legal protections available for consumers of credit and other financial services in Ireland. The report dealt with the issue of an oral hearing.

I am conscious that my amendment may have resource implications for the Financial Services Officer, FSO. My amendment provides that where a complainant makes a request for an oral hearing to be held in respect of his or her case and where, in that circumstance, "there is a discrepancy in the account of events between the parties that is fundamental to arriving at a conclusion, the Financial Services Ombudsman should be obliged to hold an oral hearing". My amendment seeks a significant change as it removes, in certain circumstances, the ombudsman's discretion to hold an oral hearing. FLAC has made a strong case for the change to be made. I have come across cases where complainants wanted an oral hearing but it did not subsequently happen. My amendment is worth consideration.