Dáil Éireann Debate, Tuesday - 1 December 2020
206. Deputy Pearse Doherty asked the Minister for Finance the remedies available for complainants that issue a complaint to the Financial Services and Pensions Ombudsman, FSPO, regarding a joint account in the name of more than one person, in which the FSPO complaint form requires the signature of both account holders, but the complainant cannot secure the signature of the other account holder; and if he will make a statement on the matter. [39619/20]
View answerFirstly, 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 accordingly 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 their signature provides evidence of their agreement.
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.
