Monica Barnes
Question:33 Mrs. Barnes asked the Minister for Social, Community and Family Affairs if he will make a statement on the Pensions (Amendment) Bill, 2001 published during the summer period. [26864/01]
Written Answers. - Pensions (Amendment) Bill.
Trevor Sargent
Question:153 Mr. Sargent asked the Minister for Social, Community and Family Affairs the progress being made to establish a pensions ombudsman; and if future legislation on pensions will include a look back period to avoid undue hardship for pensioners. [27054/01]
I propose to take Questions Nos. 33 and 153 together.
As the Deputy will be aware, I successfully introduced the Second Stage of the Pensions (Amendment) Bill, 2001 to the Seanad on 4 October. As I indicated at the time of publication in July, I welcomed comments and reaction to the Bill and stated that these would be considered in detail during the passage of the Bill. The deadline for receipt of comments was the end of September and there has been a considerable response, which is not unusual given the size, scope and technical nature of this legislation. All the responses will be examined by my Department in consultation with the Pensions Board and the various bodies, with a view to bringing forward any required amendments at Committee Stage. A positive aspect was that there was broad cross party support for the proposals during the Second Stage debate in the Seanad.
The Bill provides for, among other things, the establishment of a Pensions Ombudsman on a statutory basis. His/her decisions will be binding subject to a right of appeal to the High Court. The scope of the Ombudsman will relate to complaints regarding maladministration of schemes and disputes of fact or law between beneficiaries and those responsible for the management of the scheme or PRSA. The time limit for bringing complaints or disputes to the Ombudsman will be three years from the action giving rise to the grievance or longer if the Ombudsman so decides, subject to the overall limit of three years prior to establishment of the Office. I also intend, as I indicated on publication of the Bill, to introduce further improvements during the passage of this Bill. These will include issues concerning EU law on equal treatment, the EU Mobility Directive, and the setting up of a limited pensions compensation fund. I expect to introduce Committee Stage of the Bill in the Seanad in December with a view to having the Bill fully enacted as early as possible in 2002. The office of the Pensions Ombudsman will be established as soon as possible following this enactment.
Question No. 34 answered with Question No. 6.