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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I wish to inform the committee that I intend to introduce amendments on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 12:In page 27, line 9, to delete “period of 2 years” and substitute “period of 3 years”. I have submitted this amendment in order to change the frequency of the publication of the strategic plan. Section 26 currently mandates the creation of a strategic plan every two years to be implemented by the ombudsman. However, the code of practice...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 13:In page 27, line 10, to delete “period of 2 years” and substitute “period of 3 years”. This amendment is the same as the previous amendment and it substitutes three years for two years in line 10 in section 26(1). It is necessary to pass both amendments in order for each individual one to become operative and extend the time period covered...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I wish to inform the committee that I intend to introduce Report Stage amendments in respect of section 33.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move Amendment No. 14:In page 41, line 4, to delete “sections 44(2)(b)” and substitute “sections 44(2)(a)(i)”. Amendment number 14 is a textual amendment relating to section 50 which remedies an incorrect cross reference. Section 50(1) allows the ombudsman to accept complaints that have begun legal proceedings where he or she believes the provider has engaged...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 15:In page 42, line 13, to delete “subsection (2)” and substitute “subsections (1) and (2)”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 16:In page 45, line 28, to delete “substantiated” and substitute “upheld”.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: Everybody here shares the objective of improving the legislation. While I am not saying that by weakening it, we improve it, our logic is that this is the direction in which we should go. To give Deputy Doherty some of the information, under the previous legislation about 1% of complaints concluded via the mediation process. My note states that 2,378 were resolved through mediation between...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: On a point of clarification, 60% of cases are concluded at mediation stage. That figure includes a number of cases that are concluded informally before mediation. We are concerned that if "shall" is left in place, the informal process might not continue and that all cases would go into mediation. Potentially, that might cause the overall percentage of cases concluded through mediation to...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I wish to put the select committee on notice that amendments to section 58 will be tabled on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 19:In page 47, to delete lines 33 to 35 and substitute the following: "(a) is upheld, (b) is substantially upheld, (c) is substantially rejected, or (d) is rejected.".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 20:In page 47, line 36, to delete "substantiated or partly substantiated" and substitute "upheld or substantially upheld".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 21:In page 48, line 19, to delete "wholly or partly substantiated" and substitute "upheld or substantially upheld".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I would like to flag at this point that I will be bringing forward amendments to this section on Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 23:In page 49, line 21, to delete "descretionary" and substitute "discretionary".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 25:In page 50, to delete lines 24 and 25 and substitute the following: "(a) not later than 35 days after the date of notification of the decision of the Ombudsman, or".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 26:In page 53, line 27, to delete "wholly or partly substantiated" and substitute "upheld or substantially upheld".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 28:In page 55, line 9, to delete "investigation or adjudication" and substitute "mediation, investigation or adjudication".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I move amendment No. 29:In page 55, line 19, to delete "Ombudsman" and substitute "Council and Ombudsman".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Financial Services and Pensions Ombudsman Bill 2017: Committee Stage (29 Jun 2017)

Michael D'Arcy: I would like to clarify that I propose to table Report Stage amendments to sections 56 and 77 also. I thank the Chairman and members for facilitating this meeting. I believe this legislation when completed will be good legislation that will protect consumers to a greater degree than has been the case to date. My hope and expectation is that with the merger of the offices we will have a...

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