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Written Answers — Department of Social Protection: Social Welfare Benefits Applications (4 Jul 2017)

Pearse Doherty: 604. To ask the Minister for Social Protection when a farm assist application will be processed for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [31330/17]

Written Answers — Department of Social Protection: Social Welfare Benefits Applications (4 Jul 2017)

Pearse Doherty: 605. To ask the Minister for Social Protection when a jobseeker's benefit application will be processed for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [31331/17]

Written Answers — Department of Defence: Commemorative Medals (4 Jul 2017)

Pearse Doherty: 686. To ask the Taoiseach and Minister for Defence the reason the 1916 to 2016 commemorative medals issued to members of the Defence Forces for their respective contributions and service to the State were not also issued to members of the emergency services; and if he will make a statement on the matter. [31397/17]

Questions on Promised Legislation (29 Jun 2017)

Pearse Doherty: The programme for Government makes very clear commitments on the extension of the BreastCheck programme. How does the Government stand over the fact that 143 women in Donegal who have been referred by their GPs to the systematic breast disease clinic have been waiting over a year for appointments and another couple of hundred women have been waiting six months? This is simply unacceptable....

Questions on Promised Legislation (29 Jun 2017)

Pearse Doherty: I thank the Tánaiste.

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

Pearse Doherty: While there is a wee bit of confusion with two pieces of legislation that are broadly similar, I believe that the process has helped us to refine and strengthen the legislation, especially in the areas of the six-year rules and around the categories of determinations by the Financial Services Ombudsman. I welcome the fact that the Minister of State has requested the Seanad to deal with the...

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

Pearse Doherty: The Minister of State did not refer to the other amendments in the group.

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

Pearse Doherty: I have no issue with amendment No. 1, which is technical in nature. I had intended to seek clarification in respect of amendments Nos. 2 and 3, which relate to income continuance plans, but the Minister of State addressed the issue. On amendment No. 4, we discussed this issue when debating my legislation and I am glad the Government has removed from the draft Bill the provision which would...

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

Pearse Doherty: Yes, I do. As Deputy McGrath says, the issue here is the one that goes to the core of it. There are three main points. First, whatever we agree at this committee, I will table an amendment to my own legislation in the Seanad to replicate the provisions. I did not propose an amendment to this section because I knew on Committee Stage that we would not have a meeting of minds. At this...

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

Pearse Doherty: I appreciate that but for clarity, there was a word which slipped which was quite significant regarding when the clock starts ticking. The Minister of State said it was when one takes the policy out. From the legal opinion received by the Department, is it that a contract entered into a number of years ago that is renewed consecutively is not a single contract of consecutive terms? This...

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

Pearse Doherty: My last point is if the ombudsman observes something significant in relation to this definition that it would be advisable for this committee to look into this after an appropriate period of time had passed and ask the ombudsman to report to us regarding the definition. I hope the Government would be open to that. It should be standard practice anyway.

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

Pearse Doherty: I have a question regarding section 3 and how this is funded. The pensions complaints are funded by the Exchequer yet the financial services complaints are funded by the industry. My understanding is that the model used to determine how much either of these pays is based on the number of cases which relate to either category. Did the Department consider a different funding model now that...

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

Pearse Doherty: It is a convoluted process. I would rather that more of this was funded by the industry. This is a hybrid model, with money provided by the industry and the Exchequer, with the number of complaints having to be worked out to apportion the funding. It is not a clear and clean way for the Minister to budget for an organisation he or she is overseeing. There are two sources of income.

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

Pearse Doherty: The section proposed to amend the powers of regulations. It will give the Minister the power to introduce regulations. This previously lay with the ombudsman council. I am curious about why the Minister is taking on these powers. Deputy McGrath tabled an amendment to previous legislation regarding one of the powers in respect of the maximum award to a complainant. Where do the powers...

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

Pearse Doherty: Are the powers of regulation, therefore, being transferred from the council into the hands of the Minister? Is that what section 4 does?

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

Pearse Doherty: In principle, I do not oppose those powers being held in an individual or organisation, which can be held democratically accountable. I am concerned when important powers are transferred. For example, the powers relate to the top-up of awards and the maximum amount an individual can receive. I am concerned when such powers are being shifted away from the council without debate. This is...

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

Pearse Doherty: This relates to the establishment day and goes to the core of the legislation outside the most important element, which is consumer protection. This refers to the rationale for merging the FSO and the PO. I will not oppose this but I am not convinced that an argument has been made that this should take place. The Government has relied on the work done by Mr. Richard Hinz as a justification...

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

Pearse Doherty: There is concern that there will be a lack of focus in respect of expertise in particular areas. For example, when two bodies, which cover different products, are merged, the expertise and focus on either financial products or pension products could diminish. They are separate and I am not convinced that a justifiable rationale has been provided as to why these bodies, which carry out...

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

Pearse Doherty: Section 7 deals with the establishment of the office. There is no way that this new office will be able to operate and meet the demands of the public unless it has additional resources. That will be required from the first moment. Will the Minister of State enlighten us as to how many staff are currently in each office and how many will be in place after the establishment of the office of...

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

Pearse Doherty: I would appreciate it if we could return to this on Report Stage. I am not sure if the council has made recommendations. Indeed, there are two different councils. There must be an awareness in the Government that the number of personnel will have to be increased. The six-year rule and its retrospective element allows for potentially 3,000 or more applications to be submitted immediately....

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