Stephen Donnelly (Wicklow, Independent)
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48. To ask the Minister for Finance his views that an independent appeals process should be available to borrowers who are working with lenders to restructure their debts; if so, the way and when this might be accomplished; and if he will make a statement on the matter. [13256/15]

Michael Noonan (Limerick City, Fine Gael)
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If the Deputy's question is in relation to the operation of the Personal Insolvency legislation, I should point out that the implementation and monitoring of this legislation comes under the responsibility of my colleague, Frances Fitzgerald, TD, Minister for Justice and Equality.  The Deputy should, therefore, direct his question to Minister Fitzgerald.

The Central Bank's Code of Conduct on Mortgage Arrears (CCMA) sets out requirements for mortgage lenders dealing with borrowers facing or in mortgage arrears on their primary residence. Provision 49 of the CCMA provides that a lender must have an appeals process to enable a borrower to appeal in relation to a decision of the lender and for this purpose must establish an Appeals Board to consider and determine any such appeals submitted by borrowers.

If the borrower is not happy with the outcome of the appeal/complaint made to the lender they can refer the matter to the Financial Services Ombudsman (FSO).  The FSO, as an independent body, will consider whether the lender complied with the CCMA in reaching the decision and may direct a lender to re-assess the borrower's case.  Further information on how to make a complaint to the FSO is available at .

The Central Bank also has a Code of Conduct for Business Lending to Small and Medium Enterprise (the SME Code). Under the SME Code, regulated entities must have and implement policies and procedures for dealing with SME borrowers in financial difficulties.  Such policies and procedures must be aimed at assisting the SME borrower in the SME borrower's particular circumstances.  In particular provision 21 of the SME Code requires that the regulated entity must make available to borrowers in financial difficulty, an information booklet containing, inter alia, the borrower's right to appeal a regulated entities decision on an arrangement and the timeframes involved. Where a regulated entity is not willing to offer an alternative repayment arrangement, or if an SME borrower is not willing to accept an alternative repayment arrangement, the regulated entity must advise the SME borrower of its right to make an appeal to the regulated entity.  Where a participating bank refuses to assist with the restructuring of credit facilities up to €3,000,000, SME borrowers may be entitled to refer the matter to the Credit Review Office.  SME borrowers with an annual turnover of less that €3,000,000 may also take their complaint to the Financial Services Ombudsman.