Brian Walsh (Galway West, Fine Gael)
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Question 77: To ask the Minister for Finance if his attention has been drawn to the increasing number of instances in which covered institutions are using taxpayers' money to challenge in the High Court decisions made by the Financial Ombudsman in favour of mortgage holders; and if he will make a statement on the matter. [12112/12]

Michael Noonan (Limerick City, Fine Gael)
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Under Section 57 CL (1) of the Central Bank and Financial Services Authority of Ireland Act, 2004, if either a regulated financial service provider or a complainant is dissatisfied with a finding of the Financial Service Ombudsman (FSO), either the financial service provider or the complainant concerned may appeal to the High Court against the finding. Subject to any such appeal, a finding of the FSO is legally binding on the parties to a complaint. The FSO respects the right of parties to a complaint to appeal a finding as set out in the legislation and fully engages in all such appeals on a case by case basis, and in accordance with such legal advice as it may receive in respect of each appeal. As the Deputy is aware, the covered financial institutions operate at arm's length from the Minister in relation to the day to day operations of the institutions. A decision to appeal or not appeal a finding of the FSO is a commercial/legal decision for the financial institution involved and as such I have no function in such matters.