Michael McGrath (Cork South Central, Fianna Fail)
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183. To ask the Minister for Finance the recourse open to persons in cases in which a decision of the Financial Services and Pensions Ombudsman has not been implemented by the financial services provider; the number of such cases in recent years; and if he will make a statement on the matter. [48402/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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Firstly, I must point out the Financial Services and Pensions Ombudsman (FSPO) is independent in the performance of his statutory functions.  I have no role in the day to day workings of the office.

I have been advised by the FSPO that cases where a decision of the Ombudsman has not been implemented by the relevant financial services provider or pension provider are governed by Section 65 of the Financial Services and Pensions Ombudsman Act 2017.  Section 65 (1) states that where a financial service provider or a pension provider fails or refuses to comply with a decision of the Ombudsman, within the period, or by the date, specified in the decision - the Circuit Court shall, on application to it on that behalf by:—

(a) the Ombudsman, as he or she sees fit, or

(b) the complainant in whose favour the decision was made,

make an order.

The Ombudsman has also informed me that his experience to date has been that non-compliance by providers to the terms of an FSPO decision is extremely rare.  In the past 5 years, there are less than 5 examples of non-compliance of this nature.