Dáil Éireann Debate, Tuesday - 22 February 2022
263. Deputy Mairéad Farrell asked the Minister for Finance the reason the Financial and Pensions Ombudsman is refusing to investigate complaints unless both parties to a joint and several accounts have signed the complaint form. [9773/22]
View answerAs the Deputy is aware, the Financial Services and Pensions Ombudsman (FSPO) is independent in the performance of her statutory functions and I have no role in the day to day workings of the office or in the decisions which she takes.
The FSPO has informed me that where a complaint is made to the FSPO concerning a joint account or a joint policy, the FSPO must recognise that all parties who own that 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 Service 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 be agreeable to the investigation of the complaint by the FSPO, and the processing of their personal data by the FSPO. Therefore, the signature of each joint owner of the policy or account is required as evidence of their consent.
The FSPO must respect the rights and entitlements of all parties to an account or policy. It cannot give preference to the position of one account or policyholder, over the other joint owner/s.
