Seán Kyne (Galway West, Fine Gael)
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Question 77: To ask the Minister for Finance pursuant to the Central Bank and Financial Services Authority of Ireland Act 2004 and the S.I. 190 of 2005, if he will confirm that sole traders and persons operating a business which is not a limited company are excluded from the definition of consumer for the purposes of being eligible to have a complaint investigated by the Financial Services Ombudsman; and if so, if alternative remedies exist, other than internal complaints procedure, for such persons who encounter problems and disputes with financial institutions. [20281/11]

Michael Noonan (Limerick City, Fine Gael)
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The Financial Services Ombudsman's Bureau has confirmed that, under current legislation - the Central Bank and Financial Services Authority of Ireland Act, 2004 and S.I. 190 of 2005 - sole traders as natural persons acting in the course of, or in connection with, the carrying on of a business are excluded from the definition of "consumer" (and accordingly "eligible consumer") for the purposes of bringing a complaint to the Financial Services Ombudsman. Such persons, who may have disputes with financial institutions, have the right to apply to the courts for redress. If the sole trader's complaint relates to the refusal or reduction in credit from a NAMA participating bank, in certain circumstances he or she may be entitled to lodge an appeal with the Credit Review Office. On application from a borrower who is a farmer or a small or medium sized enterprise operator, that office will carry out an independent review of a NAMA participating bank's decision to refuse or reduce credit.