Dáil debates
Wednesday, 5 March 2025
Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Committee and Remaining Stages
11:00 am
Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source
I hear what each of the Deputies is saying but, to be fair, the review of the consumer protection code is a good, positive and concrete change. We must also acknowledge that both parties to a contract have rights and they both have obligations. Deputy Doherty mentioned that the Central Bank or the relevant financial institution or pension provider can undertake a review if one party raises an issue, but it is also fair to say that neither the Central Bank nor a financial institution or pension provider is a quasi-judicial body. As a result, they cannot issue a legally binding finding in such a scenario.
I recently wrote to a bank to request a change of address on a joint account I hold with my wife. The bank would not change it without her signature. It would not even change a postal address without her signature. I am not saying the Deputy is wrong, but my personal experience is in a situation where there is a joint account, both signatures must now be present, even to change an address. That is probably a welcome protection that is in place. I know of examples where the courts have difficulties where both parties are not coming to the situation. Quite often, the courts will suspend and give additional time to get a party to make contact with the other party because it will make it easier.
I will give a commitment that I will engage with the FSPO to see whether anything is at all possible going forward. I accept and agree with the bona fides of what the Deputy is saying, especially in respect of people who have been subjected to marital breakdown and domestic abuse, who should not be penalised unnecessarily. I do not accept that it is as easy as projected, but I will give a commitment to the Deputy, if he does not press the amendment, that I will speak to the FSPO to see whether anything can be done.
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