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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: On the administration of justice, and this was the same issue that came up in the Zalewski case, they looked at whether the statutory body in that instance, namely, the Workplace Relations Commission, WRC, complied with the requirements of a body administering justice under Article 37. One of the principal things one would look at is whether the adjudicators are impartial and will look at a...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: Good. That the parties adjudicating come with objectivity, independence and impartiality is one of the characteristics of a body that is administering justice. That is part of the reason the courts are so respected; people know that the judges come to it with impartiality. Another factor is the administration of an oath. Is it the case with the FSPO that it allows people to affirm or...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: Another aspect of the Zalewski case that gives rise to this legislation is around hearings in public or private. I would like to get feedback from the FSPO officials on my view. Under Article 34, justice should be administered in public. That is the requirement; it should be administered in public. Under Article 37, certain “limited functions and powers of a judicial nature”...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: I apologise for interrupting. Section 56(4)(a) in the proposed legislation states: "Where the Ombudsman determines it is appropriate or desirable for a complaint investigation to include an oral hearing, the Ombudsman shall decide whether to conduct any such oral hearing in public or in private, having consulted with the parties and having considered the nature or circumstances of the...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: My concern is that there are many disputes that go on to the courts and the parties would much prefer them to be heard in private, particularly commercial disputes or employee-employer disputes. It would suit the parties to have them heard in private. What prevents them being heard in private is the constitutional requirement in Article 34 to have them heard in public. Are we unnecessarily...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: I suppose the view of the FSPO officials is that part of the reason for the efficiency of the FSPO is the fact that these investigations can be conducted in private. Does that make the FSPO more efficient?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: The FSPO publishes its decisions but it anonymises them. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: Okay, so the public can see them. Does the FSPO permit any media coverages? Does it permit reporters to come in? Would that be something it would give consideration to, if the reporters anonymised the parties before the FSPO?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: Yes, if there was an oral hearing.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: If it was in public, would the individuals be identified?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: Has the FSPO had any public hearings to date?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: General Scheme of the Financial Services and Pensions Ombudsman (Amendment) Bill 2023: Discussion (10 May 2023)

Jim O'Callaghan: That is why this legislation is coming forward.

Joint Oireachtas Committee on Education and Skills: General Scheme of the Research and Innovation Bill 2023: Discussion (9 May 2023)

Jim O'Callaghan: I thank the Chairman. I welcome all the guests before the committee and thank them for their opening statements. If I could start with Dr. Keating, we all recognise that academic research cannot take place without funding. At present, arts and humanities are funded by the research council and science is funded by Science Foundation Ireland. Is there legitimacy to the concern that by...

Joint Oireachtas Committee on Education and Skills: General Scheme of the Research and Innovation Bill 2023: Discussion (9 May 2023)

Jim O'Callaghan: Presumably, this will be very dependent on the membership of the board. Everyone will come with their own preferences, prejudices and biases. That is natural. Are there concerns that somebody who comes forward with a proposal to do research into a history or creative arts project will not be able to compete with somebody who comes forward with a very economically beneficial proposal in...

Joint Oireachtas Committee on Education and Skills: General Scheme of the Research and Innovation Bill 2023: Discussion (9 May 2023)

Jim O'Callaghan: Does Professor Hegarty wish to come in?

Joint Oireachtas Committee on Education and Skills: General Scheme of the Research and Innovation Bill 2023: Discussion (9 May 2023)

Jim O'Callaghan: That might be a solution.

Joint Oireachtas Committee on Education and Skills: General Scheme of the Research and Innovation Bill 2023: Discussion (9 May 2023)

Jim O'Callaghan: It is not really a final question. Under heads 11 and 29, the Minister has a role in giving direction to the new statutory body. Do the witnesses have any concerns that a politician or Minister could come under public pressure to disown some form of research because the individual at the centre who is being researched may be unpopular? There could be a campaign against him or her.

Joint Oireachtas Committee on Education and Skills: General Scheme of the Research and Innovation Bill 2023: Discussion (9 May 2023)

Jim O'Callaghan: I have gone over my five minutes. I am sorry I have had such a limited time, but they are the rules.

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