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
Pearse Doherty (Donegal, Sinn Fein)
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That is fine. I accept the bona fides of the Minister of State in his approach to this section, which is about trying to ensure the best outcome, based on mediation and the informal process, is maintained. However, the existing legislation does contain the word "shall" and provides for a large percentage to be resolved through mediation and the informal mechanism. That provision has not been a hindrance at this point. The issue is that when the ombudsman engages with financial institutions, not every financial institution will engage in mediation. It is their right not to engage in mediation. Because of the word "shall", the ombudsman's office can say that under law, it has to engage. That argument will be gone as mediation will be just another way of resolving the complaint and will no longer be the way in which they should try to resolve the complaint.
I think we are on the same page in terms of what we are trying to achieve here. I will withdraw the amendment and intend to table another one on Report Stage. My own Bill should be going to Committee Stage in the Seanad next week. I and the Minister of State shall or may agree to something beforehand.