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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)

Pearse Doherty: It does not work.

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

Pearse Doherty: There is no doubt that there has been an improvement in many of the issues we argued in the referendum, structural balance, the hard rules, and the 120 have all been proven correct over time. The suspension of the rules at a time of vulnerability shows that these hard and fast rules should not be in domestic law, in my view. We are getting to a better position but there is still some...

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)

Pearse Doherty: I thank the witnesses for appearing before the committee. Regarding the Zalewski judgement, are there any findings by the office of the FSPO that could be now unstable as a result or could be could be questioned as a result of the judgment which required oral hearings to be held in public and the administration of votes and so on? Is there any concern about some of the decisions that have...

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)

Pearse Doherty: The delegates say head 5 clarifies the roles of the FSPO and credit reviewer. Could they outline to the committee the process that applies when a decision taken by the FSPO contradicts a decision of the credit reviewer? At the minute, there is a twin-track approach whereby an appeal can be made to both parties.

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)

Pearse Doherty: At the minute, is it not the case that there is an overlap?

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)

Pearse Doherty: Has there never been an overlap?

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)

Pearse Doherty: So this is only clarifying something that has never been an issue but that requires clarification anyway.

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)

Pearse Doherty: I thank Ms McGovern for that. Head 7 concerns where the FSPO can accept a complaint against a financial services provider or pension provider that has initiated legal proceedings regarding a matter. It is allowed to accept a complaint where it believes the legal proceedings are being initiated to frustrate the making of the complaint. Could the delegates clarify how the process has...

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)

Pearse Doherty: Head 8 is at the core of the Zalewski judgment in relation to oral hearings and the requirement for quasi-judicial bodies to have hearings in public. We are not going that far, basically stating there is an option to have the hearings in public. I presume that will satisfy the delegates. The Attorney General is obviously satisfied more than the delegates or me regarding the judgment. I...

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)

Pearse Doherty: It is a very broad head. It deals with three issues: consultation with the parties, the nature of the circumstances and whether the complaint is in the interest of justice. It probably does not give clarity to either side.

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)

Pearse Doherty: That is fair enough. Subsection (4) makes it clear that the oral hearings will be heard in private in the main, or conducted otherwise than in public, bar in the circumstances set out in subsection (4a), which includes the three criteria. The legislation makes it clear that, in the main, unless there are exceptions related to the nature of the circumstances, consultation with the parties...

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)

Pearse Doherty: As head 8 is the most meaty and most important one on that matter, I thank Ms McGovern for that clarification on the judgment on the prohibition on holding hearings in public. My reading of it was - and it is only my reading - that as section 4 states "ensure investigations are conducted otherwise than in public", if "investigations" includes all aspects of the investigation, that is,...

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)

Pearse Doherty: And that is the way it will be in the future.

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)

Pearse Doherty: Neither the customer charter, the council, nor the internal division that handles complaints can force the office to pay compensation to any person who made a complaint that was found not to be up to the required standard. As I said, this is not based on any information or any complaints I have received. I am talking about structures in the abstract. Any office that deals with thousands of...

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

Pearse Doherty: I thank the witnesses.

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)

Pearse Doherty: It is the exception to the rule. Perhaps we will have an opportunity at some other stage to talk about the resources and workload of the office and especially the substantial number of tracker mortgage cases it is still dealing with. As regards the processes, the witnesses will be familiar with their office's counterpart in Britain, the Financial Ombudsman Service, which has an...

Written Answers — Department of Education and Skills: Special Educational Needs (10 May 2023)

Pearse Doherty: 86. To ask the Minister for Education and Skills if she has received correspondence from a school (details supplied) in County Donegal relating to the provision of an ASD class; when a full response will issue; and if she will make a statement on the matter. [22097/23]

Written Answers — Department of Education and Skills: School Transport (10 May 2023)

Pearse Doherty: 90. To ask the Minister for Education and Skills when a response to communication from this Deputy can be expected in relation to school transport to a school (details supplied) in County Donegal; and if she will make a statement on the matter. [22132/23]

Written Answers — Department of Education and Skills: School Curriculum (10 May 2023)

Pearse Doherty: 91. To ask the Minister for Education and Skills if it is possible that a school (details supplied) in County Donegal retains their current full time EAL hours; if a review of the decision to cut the hours can be made; and if she will make a statement on the matter. [22133/23]

Written Answers — Department of Justice and Equality: Departmental Correspondence (10 May 2023)

Pearse Doherty: 143. To ask the Tánaiste and Minister for Justice and Equality when a response to correspondence (details supplied) can be expected; and if he will make a statement on the matter. [22010/23]

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