Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

With the agreement of the Seanad, I will discuss amendment No. 3, together with amendments Nos, 4, 5, 8, 10, 12 and 16. All the amendments in this group concern the categories of decisions that the ombudsman may make regarding a complaint received. These amendments aim to update the existing legislation with new categories of decisions that the ombudsman can make. The intention behind this change is to address FLAC’s recommendation to bring more transparency and clarity to consumers about the labelling of decisions the ombudsman makes after completing an investigation into a consumer complaint.

I accept all of the amendments to section 7 of the Bill that the Sinn Féin Senators propose. In the existing legislation set out in the Central Bank Act 1942, as amended, and the published Government Bill, section 60, on completing an investigation the ombudsman must make a decision in writing that the complaint is substantiated, not substantiated or partly substantiated. The categories of decisions set out in the Private Members' Bill as passed by the Dáil are currently as follows: upheld; substantially upheld; substantially rejected; and rejected.

Sinn Féin has now put down this group of amendments to revise the name of the category "substantially rejected"’ to "partially upheld". I think that this is an improved label and closer to the original category of "partially substantiated" and therefore we have no difficulty accepting the Sinn Féin Senators’ amendments.This means that the following will be the categories of findings made by the ombudsman going forward: upheld, substantially upheld, partially upheld or rejected.

A change in the categories of decisions, from three to four, allows for increased transparency and better reporting regarding the ombudsman's investigation of complaints. This is a reasonable update and modernisation of the current rules which will bring more clarity to consumers. I intend to make Report Stage amendments to the Minister’s Bill, to also include these new revised categories in the Government’s Bill on Report Stage in the Dáil. As far as I am aware Deputy Doherty’s three amendments to section 4 and one amendment to section 9 are drafting changes to update the text in line with the new categories of decisions that the ombudsman can make, as set out in the amendment to section 7 of the Bill. As I agree to the amendment to the categories of decisions in section 7, I agree to these consequential amendments to the other sections 4 and 9.