Oireachtas Joint and Select Committees

Thursday, 29 June 2017

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach

Financial Services and Pensions Ombudsman Bill 2017: Committee Stage

10:00 am

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein) | Oireachtas source

Yes, I do. As Deputy McGrath says, the issue here is the one that goes to the core of it. There are three main points. First, whatever we agree at this committee, I will table an amendment to my own legislation in the Seanad to replicate the provisions. I did not propose an amendment to this section because I knew on Committee Stage that we would not have a meeting of minds. At this stage, I am looking for reassurances. There are probably two assurances that are required. The first is that when this legislation passes into law, that after an appropriate period of time, possibly 12 months, we would ask the Financial Services Ombudsman to report to this committee whether it has seen any issues or people being blocked as a result of this definition and the fact that the annual renewable contracts were not included in it. That would be helpful. Second, on clarification on the legal status of an annually renewable contract; is it deemed as a single contract of consecutive terms, which I understand has been argued in legal cases before the courts, that is that someone took out their home insurance policy in 2004, and not 2016 when they renewed it? Therefore, if there was an issue in 2016, they could potentially be barred from access to justice or in this case to the FSO, because of that definition. If we can get clarification that the Attorney General has considered that concern and has satisfied the Minister and this committee that that will not arise -----

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