Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

I move amendment No. 14:

In page 4, between lines 28 and 29, to insert the following: "Amendment of section 60 of Financial Services and Pensions Ombudsman Act 2017

4.Section 60 of the Financial Services and Pensions Ombudsman Act 2017 is amended by the insertion of the following subsections after subsection (4):

"(4A) (a) In paragraph (b) and subsections (4B) and (4C) "Act of 2019" means the Consumer Insurance Contracts Act 2019.

(b) Subsection (4B) is without prejudice to the generality of subsection (2) as it operates to enable the Ombudsman to make decisions by reference to, amongst other things, the enactments concerning the financial service concerned, including, as the case may be, the Act of 2019.

(4B) The provisions of section 22 of the Act of 2019 apply in relation to the power of the Ombudsman under subsection (4)(d) to direct the payment of compensation in a complaint involving a contract of insurance as they apply in relation to the power of a court of competent jurisdiction to make an award of damages in a claim under a contract of insurance.

(4C) The power under section 22 of the Act of 2019 shall not be exercised by the Ombudsman to an extent that such exercise would have the result that the total sum payable in respect of the complaint concerned exceeds the amount which, by way of compensation, the Ombudsman has jurisdiction to the direct payment of under this Act.".".