Gerald Nash (Louth, Labour)
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227. To ask the Minister for Finance if his attention has been drawn to the issues that arise in terms of the ability of the Financial Services and Pensions Ombudsman to investigate complaints against financial institutions in situations in which joint accounts may be involved and the consent to allow the Ombudsman to investigate matters may be withheld by one party; his views on whether the relevant legislation should be reviewed to allow certain cases to be investigated by the Ombudsman in cases in which one party may decide to withhold their consent; and if he will make a statement on the matter. [33427/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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Firstly, I must point out that 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 or in the decisions which he takes.

I am advised that where a complaint is made to the FSPO concerning a joint account or a joint policy, the FSPO must recognise that all parties to the account or policy have rights, entitlements and potential liabilities arising in relation to such an account or policy, and in addition certain data protection issues arise. Whether the complaint is settled by way of agreement between the parties, using the confidential Dispute Resolution Services of the FSPO, or is the subject of a formal investigation by the FSPO, leading to a legally binding decision, the rights and obligations of all joint account holders or joint policyholders are thereby affected. All owners of the account or policy must therefore be agreeable to the investigation of the complaint by the FSPO, and the submission of their personal data to the FSPO. Therefore their signature is required as evidence of their consent.

If a complainant indicates a difficulty in securing the signature of another party to an account or policy, the FSPO reviews the individual circumstances to form an understanding as to the reason for the difficulty, and where possible offers guidance as appropriate, as to what options may be available. The FSPO fully recognises the difficulty for complainants who cannot obtain the agreement of another party to the investigation of a complaint. The FSPO must however respect the rights and entitlements of all parties to an account or policy.