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Written Answers — Department of Communications, Energy and Natural Resources: Inland Fisheries (16 May 2017)

Pearse Doherty: 522. To ask the Minister for Communications, Energy and Natural Resources if he will commence a ministerial inquiry into the decision by Inland Fisheries Ireland to issue and in some instances to subsequently withdraw summonses and legal proceedings initiated against a number of persons in regard to a dispute over fishing rights on the Gweebarra river in County Donegal; and if he will make a...

Written Answers — Department of Transport, Tourism and Sport: Tourism Promotion (16 May 2017)

Pearse Doherty: 556. To ask the Minister for Transport, Tourism and Sport his plans to develop and guarantee the long-term future of Arranmore lighthouse in County Donegal as a tourist attraction; the assistance and supports his Department has provided in recent years to realise same; and if he will make a statement on the matter. [23178/17]

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: Gabhaim buíochas leis an Leas-Chathaoirleach agus cuirim fáilte roimh an Aire agus baill den Roinn fosta. As we know, in March 2014 FLAC, Free Legal Advice Centres, published a report entitled, Redressing the Imbalance. It was a study of legal protections for consumers of credit and other financial services in Ireland. My office engaged with FLAC to produce the Bill based on...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I thank the Minister for his comments. I am familiar with the issues the Minister raises about some of the sections, and we can see from the legislation published yesterday the differences between the Bills. Some of the differences are minor and some are major and we can discuss them as we go through the sections of the Bill. I am very conscious of the Minister's comments to the effect...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: Section 1 contains the definition of "the principal Act", which means the Central Bank Act 1942, and "the Act of 2004", which means the Central Bank and Financial Services Authority of Ireland Act 2004. It is just a standard definitions section.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I have an amendment on section 2. Following the pre-legislative scrutiny and discussions with stakeholders, I have decided to propose deleting the section. The original intention - one I still support - is to make sure that the Financial Services Ombudsman is about protecting the small consumer, individual customers and small businesses. It should not be swamped by large cases that are...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I move amendment No. 1:In page 3, line 31, to delete all words from and including “deleting” and in page 4, to delete lines 1 and 2 and substitute “adding the word “undue” between the words “without” and “regard” ”. This section seeks to strike a balance between the appropriate nature of the ombudsman's office and the...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I move amendment No. 2:In page 4, to delete lines 8 to 12 and substitute the following: “ “(b) Occurred either—(i) 6 years from the date of the act or conduct giving rise to the complaint or reference, or (ii) 3 years from the date on which the person making the complaint first became aware of the said act or conduct, but only where the complaint is against financial...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: That is very helpful. I noted after reading the Government's published legislation some of the areas which the Government had included which I have no issue with, and which would give greater clarity. For example, the extra discretion for the ombudsman is something that should be included. The drafting of this would allow for it to be retrospective, but if that needed to be clarified as is...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: This section deals with mediation and seeks to place a greater onus on financial institutions to engage in the Financial Services Ombudsman mediation process. Again, this legislation was published in 2014. Since then, we have seen a change in the way the Financial Services Ombudsman is operating. There are far more cases of mediation, which is to be welcomed. There are also far more...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: Section 6 relates to the findings of the Financial Services Ombudsman. The section broadens the range of findings the ombudsman can make. Currently, the Financial Services Ombudsman can only rule a complaint to be substantiated, partially substantiated or not substantiated. This section would extend the range of findings to upheld, substantially upheld, substantially rejected or rejected....

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: Yes, it is. We are on the same page in this regard.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I welcome the Deputy's amendment. It is a sensible one. There are clear examples in the tracker mortgage issue where the upper limits might not be appropriate, particularly where people have lost their family homes through repossession. I have no problem with accepting this amendment.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I think there will be disagreement between committee members in respect of section 7. As timing is an issue, we want to find as much common ground as possible before dealing with the issues again in the Government's legislation. The provisions contained here have started a debate on an independent appeals mechanism that is accessible to the consumer. Unfortunately, when the Financial...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I am conscious of the opposition of the Government and others in respect of the High Court appeal being moved to the Circuit Court. I am aware of how financial institutions try to use every possible mechanism to thwart the efforts of the Financial Services Ombudsman. We need to be very careful about any changes. This is evident even in respect of the tracker mortgages, where one financial...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: Section 8 is consequential so it will also be deleted.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: The amendment is worth considering. The law states, indeed the High Court and Supreme Court rulings make it clear, that where an oral hearing is warranted then one must take place. The amendments give clarity and certainty about the issue. There may be concerns that this provision could be frustrated by financial service providers. The amendment used the phrase "fundamental to arriving at...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: I echo the thanks to the Chairman and the staff in regard to the process heretofore. I thank the Minister and the officials. I am sure we will engage in the coming days to agree amendments on Report Stage. I thank the other members for engaging and supporting the passage of this legislation.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: We are checking that but it is a very short window. I understand there is about-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Central Bank and Financial Services Authority of Ireland (Amendment) Bill 2014 [Private Members]: Committee Stage (11 May 2017)

Pearse Doherty: My understanding is that the Business Committee is considering reports from committees and that Report Stages of Bills should also be selected in that. If that were the case, it might be possible that it would be the last week of this month. However, if it is to be taken as Private Members' business it would be the week of the 23 May.

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