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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 statutory instrument, which the ombudsman has said bars the office from giving a description was laid before the House on 25 February, just last week. Only then was it decided that the ombudsman cannot give a description under this reporting scheme. The ombudsman published the report the following morning. Is that correct?

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

Pearse Doherty: Did the ombudsman have to start writing the report when he found out that this statutory instrument would deny him the right to give a description as contained in the original legislation, or as I claim, was this hand-in-glove - did he know all along that he would not give effect to part of the legislation, which allowed him to describe the substantive claim?

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

Pearse Doherty: I acknowledge that completely.

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

Pearse Doherty: For the record, I acknowledge the bureau is independent of the council and it is the council and the Department who are examining these regulations. A Government amendment allowed for the description of a substantiated claim to be reported. It is my view, and it was the Government’s view, that the report should not describe every substantiated claim because some may be minor or...

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

Pearse Doherty: Does Mr. Prasifka support the powers that part of the legislation confers on his office? Is it something he would like to use?

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

Pearse Doherty: I will do it but I do not know why the Chairman is getting uptight about this issue.

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

Pearse Doherty: I do not want the letter re-issued. I am talking about consistency. If you wish, Chairman, I will point out where a Senator questioned a witness about the six-year rule, with no intervention from the Chair. It was a completely appropriate line of questioning. I do not intend to put Mr. Prasifka on the spot by asking whether he supports legislation or the rule of law in the State. Does...

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

Pearse Doherty: I thank Mr. Prasifka. I know my line of questioning might have been critical. I was considering some of the challenges facing the office but I commend Mr. Prasifka. Many of my constituents have approached the office and been dealt with speedily and kept up to date, even pending an appeal. I commend Mr. Prasifka and wish him the best, and good luck for the future. I hope we can take those...

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

Pearse Doherty: Do most of them come from the same institution?

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

Pearse Doherty: It is, therefore, Permanent TSB and there 60 or 65 tracker mortgage cases. I note from one of the examples, partially upheld, which was just about the processes, the substance was not upheld and that the compensation was €300. It was said earlier that the Financial Services Ombudsman is a powerful institution which can impose penalties of up to €0.25 million. How is...

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

Pearse Doherty: Okay.

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

Pearse Doherty: How many companies have been affected by the three strike rule?

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

Pearse Doherty: Would it be preferable if the number were reduced to one, given that in the executive summary the witnesses have mentioned the name and shame rule - that is not what it is officially called - has assisted the office but, more important, has assisted consumers because they are afraid of it and, obviously, are dealing better with the issues? Would that be of more assistance from the office's...

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

Pearse Doherty: Yes.

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

Pearse Doherty: Can I ask a final question which follows on from what the Chairman and I started with? Does the Financial Services Ombudsman Council still exist?

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

Pearse Doherty: Are the original members appointed in 2008 still in place?

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

Pearse Doherty: The organisation's website "About Us" shows that appointment in 2008 is only for a five year term, which would mean the term would have been up in October 2013. I do not see any reference to new appointees replacing the five who were appointed in 2008. They should have been allowed to remain in those positions for only five years.

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

Pearse Doherty: Were all five individuals replaced?

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

Pearse Doherty: The law setting up the council provides that a member of the council will hold office for a period not exceeding five years.

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

Pearse Doherty: Why are the original five still on the council given that they were appointed on 29 October 2008?

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