Oireachtas Joint and Select Committees

Wednesday, 5 March 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Bi-annual Review 2013: Financial Services Ombudsman

3:00 pm

Mr. William Prasifka:

We have sought clarification from the courts with cases on appeal before the Supreme Court. That is the road we have taken. To correct the Deputy, he referred to the most "recent" decision. The most recent decision reported in the media indicated the second view that the oral hearing was not within our jurisdiction. The most recent case, which unfortunately was not reported, took the opposite view that it was within our jurisdiction. It is quite simple. We are an alternative dispute resolution mechanism and we already operate with a high degree of legal formality. If we are pushed in the direction of having more formality, we will reach a point where the fundamental ability of the office to carry out its mandate comes into question.