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

The issue of mediation is an important aspect of this Bill and of the Government's Bill on the amalgamation of the Financial Services and Pensions Ombudsmen. We had a constructive discussion of this section last week on Committee Stage. We are all in agreement on the benefits of mediation and desirability that it plays a central role in how the Ombudsman resolves complaints. It was agreed that we should revisit the topic of mediation in the Seanad on Report Stage in order to ensure that section 6 of this Bill would be harmonious with the provisions for mediation in the Government's Bill as I think both parties agree it is desirable that where both Bills overlap, there should be agreement, if possible.

The proposed drafting amendment would effectively make the change where, in the avoidance of any doubt, the Ombudsman "shall" as far as possible to try to resolve the complaint by mediation rather than "may" where he or she deems it appropriate to do so. The wording currently proposed by the Senators is a replication of the Minister's amendment on mediation intended to be discussed in the upcoming Report Stage in the Dáil of the Government's Bill. I accept this drafting change in case there is any doubt about the value placed on mediation as a conflict resolution tool. Both Bills should support and encourage the current trend whereby almost 60% of complaints are resolved through mediation, while preserving its voluntary nature. This is what makes it such an effective form of dispute resolution.

I reiterate my enthusiasm for attempts to support mediation in the ombudsman's office. It is clear that there is cross-party support on this policy, and it is for this reason that I accept the amendment.