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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: Across the European Union, is there sometimes a tense relationship between fiscal advisory bodies and governments?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: The Irish Fiscal Advisory Council's equivalent in the UK is the Office for Budgetary Responsibility, OBR, is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: Of course, that did not really work out for the British Government when it decided it would ignore the advice of the OBR. Is that not correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: Finally, would Mr. Barnes agree that a fiscal council could have an influence on market conditions in respect of a country if it made negative statements or if it was not consulted?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: I thank Mr. Barnes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: The reforms also require member states to propose their own national fiscal trajectory for spending. Are those proposals subsequently approved and agreed at EU level?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Examination of EU Fiscal Rules (Resumed): Irish Fiscal Advisory Council (10 May 2023)

Jim O'Callaghan: The number that seems to have been put on it is that around €12 billion of the €24 billion appears to be from the windfall tax. Is that correct Dr. Casey?

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 welcome the witnesses to the committee this afternoon. We are carrying out pre-legislative scrutiny on legislation to amend the Financial Services and Pensions Ombudsman Act. It is important to emphasise that it is our legislation, as the witnesses recognise. It is also important that we have their input into it as they are the people who will be giving it effect and operating it. As...

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.

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