Dáil debates

Wednesday, 7 July 2010

 

Local Authority Mortgages

12:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)

I thank the Minister of State for the previous debate. The manner in which it was taken should be repeated regularly, as it was of benefit to the Opposition.

I raised the matter of local authorities' household loans in March. It relates to the announcement yesterday by the Taoiseach and the Ministers for Finance and Communications, Energy and Natural Resources concerning their proposal. In Dan White's Evening Herald article entitled, "NAMA for the little man? Not a chance", he states: "For those of us who were hoping for some original thinking on the problems of mortgage arrears and other personal debt, a NAMA for the little man, the report came as a severe disappointment." According to Charlie Weston and Áine Kerr in today's Irish Independent, yesterday's announcement meant that "people unable to manage repayments should be encouraged to leave their home and be provided with social housing". Their article went on: "When it is concluded that the mortgage is unsustainable then forbearance is unlikely to be appropriate and voluntary surrender may be necessary." The article also states: "People should be assisted in 'applying for social housing or other long-term housing supports appropriate to their needs'." They assert that the mortgage arrears resolution process, MARP, would allow home buyers to extend the terms of their mortgages, pay interest only or take payment breaks.

In the context of people with local authority loans, I have been seeking this type of latitude from the Minister for the Environment, Heritage and Local Government. I have asked him to implement a ministerial order in respect of section 34 of the Housing (Miscellaneous Provisions) Act 2009, which states: "Where there are moneys due and owing by a household to a housing authority under any of the provisions to which this section applies and the housing authority is satisfied that the household would otherwise suffer undue hardship, the housing authority may enter into arrangements with the household for the payment of those moneys (together with any interest that may have accrued under section 33(2)) by such instalments and at such times as the housing authority considers reasonable in all the circumstances in addition to any rent, charges, fees or loan repayments that the household is paying to the authority." That would allow the local authority to deal with the person in receipt of the loan. On the one hand we are talking about the Government giving direction to the banks as to how they should deal with the matter, while on the other within its own remit, it is refusing to allow the people to deal with the local authorities. In the essence of natural justice one would have to ask how the Government is doing this. How in the name of God is it saying that the banks must do this while denying people who purchase from local authorities the right to do it? That could not be fair.

The amazing thing is that under other sections of the Housing (Miscellaneous Provisions) Bill 2009 the Minister made a ministerial order. However, the one that would be effective in ensuring that a person has a roof over his or her head he denies. In today's newspaper report of what was announced yesterday it states that people will have to look for social housing yet when people talk to the local authorities they are being told in effect: "No, the deal is there and you contracted to pay so much per month. We have no leeway to work with you in relation to anything else." The local authority has no leeway under the legislation to purchase the house.

This is contradictory to what the local authorities are having to suffer. I have tremendous faith in this Minister of State, Deputy Moloney. I am asking him to bring this back to the Minister for the Environment, Heritage and Local Government and ask that natural justice prevail, so that section 34 of that Act is brought into play, and persons with loans from local authorities will be afforded the same leeway the expert group has given to the banks in this regard. Then people will be happy.

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