Patrick O'Donovan (Limerick, Fine Gael)
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To ask the Minister for Finance the options open to a person who has made a complaint to the Financial Services Ombudsman, when the Ombudsman refuses to investigate the matter; and if he will make a statement on the matter. [52876/12]

Michael Noonan (Limerick City, Fine Gael)
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Firstly, I must point out that the Financial Services Ombudsman is independent in the performance of his statutory functions and it would not be appropriate for me to comment on his work. Part V11B of the Central Bank and Financial Services Authority of Ireland Act 2004 details the functions and powers of the FSO. The Financial Services Ombudsman's Bureau has informed me that, when a complaint is received, the Bureau will assess the complaint initially to ensure if falls within the Ombudsman. The Bureau consists of the Financial Services Ombudsman, his Deputy and Staff. However, a complaint may not be investigated by the Ombudsman if in his opinion:

it is vexatious or frivolous or not in good faith,

the subject matter is trivial,

the conduct complained of occurred at too remote a time to justify investigation (6 year rule)

other redress means were available

complainant had no interest or an insufficient interest in the conduct complained of.

Neither the Ombudsman nor I would advise people on what options are available if the Ombudsman refuses to investigate a complaint. However, the Ombudsman may advise the complainant to seek legal advice.