Written answers

Wednesday, 17 September 2014

Department of Finance

Financial Services Ombudsman

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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255. To ask the Minister for Finance his views on correspondence (details supplied) on a personal pension plan; and if he will make a statement on the matter. [34173/14]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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At the outset, I should state that primary responsibility for pensions policy rests with the Minister for Social Protection. However, the services provided by the Financial Services Ombudsman (FSO) supplement the availability of the courts to adjudicate on disputes involving financial services products. FSO complaints are free of charge to the consumer.

The legislation governing the FSO is clear about the circumstances in which he can decline to investigate a complaint.

According to the relevant legislation, the Financial Services Ombudsman can decide not to investigate a complaint or to discontinue an investigation of a complaint on the grounds that

(a) the complaint is frivolous or vexatious or was not made in good faith or

(b) the subject-matter of the complaint is trivial or

(c) the conduct complained of occurred at too remote a time to justify investigation or

(d) there is or was available to the complainant an alternative and satisfactory means of redress in relation to the conduct complained of or

(e) the complainant has no interest or an insufficient interest in the conduct complained of.

The legislation is also clear that the Ombudsman is an independent officer and it would not be appropriate for me to intervene in an individual complaint or to comment on how the complaint was treated.

Allegations of fraudulent or illegal activity should be brought to the attention of An Garda Síochána. It is not the role of the Minister for Finance to act as an intermediary. I understand from the details supplied that the correspondent has reported the matter to an Garda Síochána and it would not be appropriate for me to comment on an ongoing investigation.

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