Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I listened to the Minister of State's response to Deputies' arguments with interest because I believed with some justification that he understood and was sympathetic to those arguments. Deputy Richard Bruton, however, has correctly focused on the point of the plurality of the words "the conduct" complained of. It is no longer the central hook on which the Minister of State hangs his argument, it no longer refers only to the individual experience. If the Bill refers to "the conduct" complained of and that can apply to a multiplicity of people and if there is one court action on the conduct complained of, does that debar others seeking redress?

This is not just word play, there is an important point here that must be examined. A consumer is not entitled to make a complaint if "the conduct" complained of is subject to legal proceedings before a court or tribunal — that is not specific to the individual consumer's case but it can refer to the experience of that consumer applying to 1,000 consumers, any one of whom could have taken a case. That would close off the opportunity of referral to the financial services ombudsman. This must be teased out. I ask the Minister of State to re-examine this and allay the fears now being expressed as a result of the Minister of State's response.

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