Dáil Éireann Debate, Tuesday - 26 September 2023
180. Deputy Robert Troy asked the Minister for Finance if, given that the ADR Directive recommends that "A properly functioning ADR entity should conclude online and offline dispute resolution proceedings expeditiously within a timeframe of 90 calendar days…", and that the FSPO has the option to refuse complex cases or redirect them to the Courts, he is not surprised by this statistic of 934 days versus the EU-recommended 90 days. [41304/23]
View answerThe statistic quoted by the Deputy is drawn from when a complaint was first received. The large majority of all complaints (over 80%) resolved in the FSPO are resolved within 12 months, mainly during the Registration, Assessment and Dispute Resolution (mediation) processes.
However a minority of complaints are referred for a formal jurisdictional review, or for formal investigation and adjudication. I am informed by the FSPO that these formal processes can take significantly longer.
The formal investigation and adjudication process is a detailed, fair and impartial process carried out in accordance with fair procedures. The FSPO calls for certain questions to be answered by a respondent provider and requests certain relevant documents and audio evidence.
The FSPO’s established procedures, for the formal investigation of complaints, ensure that both the complainant and the provider receive a copy of all information submitted by both parties and held on file, and they are given every reasonable opportunity to offer comments and observations on the contents of such evidence.
The parties to a complaint may wish to continue to make submissions over a period of time, which will impact on the overall time taken to complete the process; when the parties believe that they have additional information to offer regarding the merits of the complaint, this process is facilitated by the FSPO.
When all of the evidence has been gathered, and the parties’ submissions are concluded, the FSPO considers the evidence to determine whether any material conflicts of fact can be resolved by reference to the documentary or audio evidence available or whether, alternatively, an oral hearing is required. Thereafter, the FSPO issues a Preliminary Decision.
The parties may make submissions in relation to the Preliminary Decision. Such submissions are shared with the other party who may respond to them, which may give rise to several submissions being exchanged. All submissions and evidence received are then considered prior to the legally binding decision being issued to the parties.
Once a legally binding decision is issued, that decision is binding upon the parties, subject only to a statutory appeal to the High Court, within a period of 35 days, pursuant to Section 64 of the FSPO Act. The financial service provider or pension provider must implement any direction made by the Ombudsman in the legally binding decision.
