Dáil Éireann Debate, Tuesday - 2 February 2016
182. Deputy Finian McGrath asked the Minister for Finance to support a matter (details supplied) regarding compensation for clients who were mis-sold financial products; and if he will make a statement on the matter. [4308/16]
View answerThe issue of the Statute of Limitations comes under the aegis of my colleague the Minister for Justice and Equality and I understand that the operation of the law in relation to the Statute of Limitations is a matter of ongoing review at that Department.
In relation to financial services, as the Deputy is aware, Section 57BX (3)(b) of the Central Bank Act 1942 as amended prevents the Financial Services Ombudsman from examining any aspect of a complaint where the conduct being complained of occurred more than 6 years before the receipt of the complaint in his Office. The Financial Services Ombudsman has no discretion in relation to the 6 years rule.
My Department has been progressing the amalgamation of the Offices of the Financial Services Ombudsman and the Pensions Ombudsman. The question of the timeframe under which complaints can be reviewed is a policy matter which will be considered as the legislation to effect the amalgamation is being developed. I am of course mindful of the need to provide the necessary protection to the consumer over the longer term. However, the issues in this regard are complex involving a range of considerations including the interface with the Statute of Limitations, existing consumer protection laws, complaints mechanisms and the availability of records.
