Written answers

Tuesday, 17 January 2017

Department of Finance

Financial Services Ombudsman

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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77. To ask the Minister for Finance the findings of any reviews he has ordered in relation to the performance of the Financial Services Ombudsman; and if his attention has been drawn to any shortcomings in the system. [1646/17]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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88. To ask the Minister for Finance the average effective tax rate on the income of farmers based in the south west; if he will provide an update on the impact on the average farmer on the Revenue Commissioners' treatment of patronage shares as income, assuming they sell the shares and pay capital gain tax at 33%; and if he will make a statement on the matter. [1645/17]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 77 and 88 together.

Firstly, I must point out that the Financial Services Ombudsman is independent in the performance of his statutory functions. I have no role in the day to day workings of the office.

The Financial Services Ombudsman's Bureau was established under the Central Bank and Financial Services Authority of Ireland Act, 2004. The legislation provides for an independent, impartial investigation and resolution of disputes between consumers and financial service providers. The Financial Services Ombudsman was set up to adjudicate on unresolved disputes between complainants and financial service providers. 

The Central Bank and Financial Services Authority of Ireland Act 2004 also provided for the establishment of the Financial Services Ombudsman Council.  One of the statutory functions of the Council is to keep under review the efficiency and effectiveness of the Bureau and advises the Minister for Finance, either at my request or on its own initiative, on any matter relevant to the operation of the Bureau. 

I can confirm that I have not requested any reviews in relation to the performance of the Financial Services Ombudsman.  However, the Deputy will be aware that legislation to amalgamate the Pensions Ombudsman and the Financial Services Ombudsman is currently before the House.

In advance of the amalgamation of the Financial Services Ombudsman Bureau (FSOB) and Office of the Pensions Ombudsman (OPO), the need to complete a review of the organisations was identified and agreed by both Ombudsmen and the Financial Services Ombudsman Council.  Bearing Point undertook a detailed analysis of the operations of the Financial Services Ombudsman and Office of the Pensions Ombudsman in terms of their processes, strategies and objectives.  Details of the Strategic and Operational Review are available on the Financial Services Ombudsman's website at

Section 57BD of the 2004 Act states that one of the functions of the Council is to appoint the Financial Services Ombudsman and each Deputy Financial Services Ombudsman so his or her expertise is a matter for the Council to ascertain. However, I have no reason to doubt the expertise of the Ombudsman.

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