Dáil Éireann Debate, Tuesday - 26 September 2023
183. Deputy Robert Troy asked the Minister for Finance the reason that the FSPO, when rejecting/refusing consumer complaints, makes no reference to relevant European Law, such as the Unfair Terms in consumer contracts Directive (UCTD) when raising opinions on its jurisdiction to investigate. [41307/23]
View answerI have been informed by the FSPO that when a complaint is received by the FSPO, the Registry and Assessment team of the Customer Operations and Information Management (COIM) directorate reviews and assesses it.
This initial assessment provides an opportunity for the FSPO to determine if the complainant has provided all the necessary eligibility information to progress the complaint through the complaint resolution processes and to ensure the provider has been given the opportunity to resolve the complaint first.
Not all complaints are eligible for investigation by the FSPO and so, the assessment of the complaint’s eligibility takes place at the earliest possible stage.
This may include determining whether the conduct complained of falls within the statutory time limits as set out in the FSPO Act, checking that consent has been provided by all of the account or policy owners, or the FSPO may need to check if a financial service provider is regulated.
In some circumstances, the complaint may need to be referred to the Legal Services team for a detailed legal assessment to determine whether a complaint falls in the FSPO’s jurisdiction.
In other complaints, the FSPO concludes that the complaint does not come within its statutory jurisdiction. The FSPO cannot investigate complaints that do not come within its jurisdiction under the FSPO Act.
As detailed above, where an issue arises, which requires a more detailed legal assessment, the matter is referred to the Legal Services team for a formal jurisdictional assessment, to determine whether the complaint in its entirety, or elements of the complaint, can proceed to investigation.
The FSPO makes every effort to assist the parties in understanding the extent and limits of the Ombudsman’s statutory jurisdiction, which is set out in the FSPO Act, being mindful that the legislation contains some provisions which are complex.
These jurisdictional assessments are a matter for the Ombudsman, who subject to the FSPO Act, is independent in the performance of his or her functions. The decisions of the Ombudsman in this regard are, of course, subject to Judicial Review in the Courts.
It is important to note that a formal jurisdictional assessment examines only the jurisdictional aspects arising based on the information provided and not the merits of the complaint itself.
