Dáil debates

Friday, 3 February 2012

Family Home Protection (Miscellaneous Provisions) Bill 2011: Second Stage

 

11:00 am

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)

I compliment Deputy Donnelly on his legislation. It is a sad fact of life that one of the greatest threats to family life and the quality of life of cohabiting couples is the loss the family home, or the home in which people live. It is having a huge impact on the quality of life of couples, children and society.

I am very proud of the Minister for being able to come into the House today to speak about the Personal Insolvency Bill 2012. Despite what Deputy Ellis said, it is not just a little piece of legislation. As Deputy Donnelly right said, it will be conveyed across the world as a template for the future.

It is a pity the House must divide on this legislation because it is not about point scoring but about people's quality of life and homes. Whether we like it or not, it is also about striking a balance between those of us who own a house and the lending institution. I do not support the lending institutions in any shape or form because their behaviour prior, and subsequent, to the crash was appalling. The issue of mortgage distress is one on which we should not divide the House. In constituencies across the country, every Member can point to a new type of person coming into clinics. It is important to protect homeowners. People in this country have an extraordinary love of owning homes, to a far greater extent than many European countries. Friends of mine in Europe say we should not follow this path but we did. Perhaps it is because of the Land League or being dispossessed in history. Every effort must be made to allow the next generation to buy a home that they can call their own. It is a complex issue. The Minister is far more learned than I am and he says it is completely unworkable. In the Cork South-Central constituency, the Vita Cortex workers are on day 50 of their sit-in. They have an issue with company law and how they are treated by big business. Today we are talking about the financial institutions and their inability to relate to the ordinary person. Many ordinary people purchased houses in the boom not because they wanted to but because they had to. There was a domino effect whereby if people did not buy, they would have to pay an inordinate amount of money in the future. The Taoiseach was right in Davos last week, whether people like it or not. There was an element of greed by some people, not everyone. It caused a spike. The Taoiseach deserves credit for being able to say things honestly. Not everyone caused greed and went berserk but some did. The lending institutions threw money at people. We got money to buy a new car, money to buy a second property, money to refinance mortgages and we were asked if we wanted to go on a foreign holiday. Letters came in every day from banks. Where are they today? I have a very good relationship with my bank manager because I owe him money through my mortgage. I can walk into my bank and talk to him. How many bank managers are like that and how many people were put to the pin of their collars to meet demands and to sell services at the expense of the ordinary person?

The Minister should take note of Deputy Dara Murphy's point on sending messages to the courts. The courts and the sheriffs have a critical role to play. They must strike a balance. I also appeal to the Revenue Commissioners to be mindful that more and more people are under pressure, faoi bhrú. It is not just about messaging, as Deputy Dara Murphy said, it is about how we deal with people.

Deputy Dara Murphy also referred to upward only rent, which is a huge concern for small business people trying to survive and make a go of their holding, whether it is a coffee shop in Wilton Shopping Centre or a shop on Patrick Street. The rents are astronomical. In many cases, to be fair to owners, there has been a reduction but in other cases nothing is being done. It is important to strike a balance, without losing sight of the fact that debt settlement, personal insolvency and debt relief concerns the small person trying to hold onto a home and provide hope for the family. I refer to the ordinary man and woman in a relationship or not. If we do nothing else in this Dáil term, we must preserve the integrity of the relationship to, and the value of, the family home. The Minister remarked that the Bill is unworkable and contains flaws. It behoves all of us who have a common aim and purpose to work together. Perhaps Deputy Donnelly will not call a division in the House and will withdraw the Bill rather than calling a vote on Tuesday. Those of us who are present in the Chamber have a similar viewpoint and our goal is the same.

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