Results 2,121-2,140 of 6,295 for speaker:Michael D'Arcy

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 do not have the answer. I will need a minute to check that out.

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 assume and anticipate that within the budget for the SFO, there would be delegated sanction limits similar to those in the Health Service Executive, HSE. If it stays within those limits, the ombudsman would not require ministerial consent. If it goes beyond that, the section would then apply. The expenses incurred by the ombudsman are to be apportioned between the financial...

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: Yes.

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: Yes it is solely from the industry.

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: The FSO is currently funded by the industry but the Pensions Service Ombudsman is funded by the State. We do not have the option to subdivide expenditure. As a result this section applies. What the Deputy says would be correct if there was not going to be a delegated sanction similar to that of other agencies. If the body is within the delegated sanction, it will not require ministerial...

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: That is the case.

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 intend to table an amendment 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. 6:In page 26, line 23, to delete “substantiated or partly substantiated” and substitute “upheld or substantially upheld”. Amendments Nos. 6 to 11, inclusive, 16, 18, 19 and 20 all relate to updating the categories of decisions. The intention behind this group of amendments is amending the Government Bill to align it with the Sinn Féin...

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".