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Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: The Financial Services Ombudsman Council did not seek-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: Why not? This was a major part of the debate in the House on the way the Financial Services Ombudsman would report.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: So it is a bureau. There is the council which advises the office and sets regulations and the bureau comprising the witnesses which furnishes this report, but this was done hand-in-glove. The council and the bureau worked hand-in-glove on this matter right through the whole process. The bureau knew this was the type of statutory instrument that would have been given effect. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: There is an appeal in respect of tracker mortgagers, independent of the Office of the Financial Services Ombudsman. I know from referring people that adjudications from the office of the Financial Services Ombudsman are in limbo until that appeal takes place. How many tracker mortgage cases would be awaiting the outcome of the appeal?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: I have a final question. During the passage of the legislation-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: -----which gave the ombudsman the power to name and shame the institutions to the public, I argued strongly that the Office of the Financial Services Ombudsman should be able to issue a report regarding the naming and shaming. That report would give the public information as to what AIB, Bank of Ireland or any other financial institution might be doing. I offered the example of a bank which...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: This is the last part.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: He inserted the words "and the different descriptions of those complaints". To date, the ombudsman has not given a description as was suggested and which was the reason for the inclusion of that amendment. He has not given a description of any complaint, aside from the category into which it falls. Why is that?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: Did that come from the ombudsman's office?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: That is clear and it is probably fair to say that a customer of Bank of Ireland in Britain is more likely to have the ombudsman rule in his or her favour than in this jurisdiction because of the informality, as the witness mentioned, of the decision making compared with the more restrictive nature of how the Irish ombudsman applies decisions.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: Yes, as 7% is substantiated here. As I have said, the figure for AIB and Bank of Ireland is 29% and 21%, and that takes in mortgages rather than insurance. Mr. Prasifka recently hit out strongly at elements of the Judiciary in this State. There is a statutory function in the office and one must consider separation of powers. Mr. Prasifka mentioned the legally binding nature of the office,...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: In regard to the latest case, the courts have stated that the ombudsman should have held an oral hearing with the couple. I am not saying the office was wrong but it felt it important enough to challenge that position. There was also talk that parliamentarians such as ourselves - although the office was more focused on the Government - could shut down the agency if that is the direction we...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: Those points are well made. There is a major debate regarding IBRC and across much of the political divide there is frustration at the idea that the bank is selling its mortgage book to unregulated institutions. An element of the debate is that people will not have recourse to the financial ombudsman. My party has called for the sale to be suspended but the mortgage holders would still not...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: The office was in dispute with the Minister for Finance. The only party which could challenge the office's hearing the complaints is IBRC, which is owned by the State. The Minister for Finance has legal advice that under section 6(6) of the Act, the office is entitled to carry out the investigations. Has anybody from the office sat down with the Minister and sorted this out?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Bi-annual Review 2013: Financial Services Ombudsman (5 Mar 2014)

Pearse Doherty: As I need to leave soon I will try to keep my questions brief and ask for brief responses. Reference was made earlier to the financial ombudsman in Britain and so on and there was a line of questioning in relation to PPIs. I would like to focus on mortgages and credit availability and the complaints upheld in Britain and the North of Ireland in relation to two financial institutions that...

Leaders' Questions (5 Mar 2014)

Pearse Doherty: The Taoiseach gives his super junior Minister €17,000.

Protection of Residential Mortgage Account Holders Bill 2014: Second Stage [Private Members] (4 Mar 2014)

Pearse Doherty: Cuirim fáilte roimh an mBille atá curtha i láthair na Dála anocht ag an Teachta Michael McGrath. Níl dabht ar bith go bhfuil an Bille seo iontach tábhachtach ag an am seo mar go bhfuil an spriocdháta 14 Márta ag bualadh linn go gasta. Is é sin an lá a mbeidh go leor daoine amuigh ansin ag crith, mar beidh a fhios againn ansin cé a...

Written Answers — Department of Communications, Energy and Natural Resources: Postcode Implementation (4 Mar 2014)

Pearse Doherty: 239. To ask the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 472 of 18 February 2014, when he stated his Department received correspondence from the European Commission during 2012 in relation to the procurement process for the National Postcode System, if he will state categorically whether the EU found breaches or not in the procurement...

Written Answers — Department of Communications, Energy and Natural Resources: Postcode Implementation (4 Mar 2014)

Pearse Doherty: 246. To ask the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 472 of 18 February 2014, if he can confirm another tender process was started on 23 December 2013 to appoint another set of consultants to oversee the postcode contract with Capita; the amount the contract is worth for this new tender; the reason the original tender was awarded...

Written Answers — Department of Environment, Community and Local Government: Foreshore Licence Applications (4 Mar 2014)

Pearse Doherty: 294. To ask the Minister for Environment, Community and Local Government the position regarding the issuing of a foreshore license for Burtonport to Donegal County Council. [10954/14]

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