Dáil debates

Friday, 3 February 2012

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

 

11:00 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)

I wish to express support for Friday sittings and I was disappointed to hear them described as merely optics by one or two Members who are not present in the Chamber. I am sure Members on all sides were also disappointed. In fairness to my constituency colleague, Deputy Donnelly, the House is discussing one of the most important issues facing middle Ireland, keeping a roof over the home of the family, protecting the family home and supporting those in mortgage arrears. If anyone thinks national legislators coming together on all sides of the House to give our views, comments and potential solutions and help in our own small way shape Government thinking on this issue is simply optics, it is disappointing and a sad state of affairs.

If this Chamber is just to be seen as a Punch and Judy show that political leaders have said they now deride we are doing a huge disservice to the people of Ireland. We are here to hold the Government to account, and we all have a duty to do that, which is the purpose of Leaders' Questions. We are also here to come up with ideas. My constituency colleague, Deputy Donnelly, has presented a Bill to the House, for which I commend and thank him. It provides us with a very valuable opportunity to put together our thoughts and views on this matter. It attaches a degree of political importance to and highlights the issue yet again.

The Government has adopted a non-partisan approach to discussing mortgage arrears. This was seen very clearly in the House when every single Member who wanted to contribute his or her views on the Keane report was allowed to do so. The debate ran on so that every Member, regardless of political affiliation, could give his or her view to Government. It is now up to it to take those suggestions and ideas from Members and put them together into a workable plan for this country to protect family homes, help citizens experiencing significant mortgage arrears and provide some balance between the banks and mortgage holders.

The lack of balance is what is most annoying the people of the country. Deputy O'Sullivan referred to the Bank of Scotland upping and leaving as quickly as it could as soon as times got tough. As we heard in Davos, some people over borrowed and overstretched themselves. A lot of people in banks made a lot of money from selling loans that were unsustainable. Getting the balance right between recapitalising and reforming banking structures and protecting our citizens is what we need to grapple with.

I am well aware, as is the Irish public, that work on addressing these issues is well under way at this stage. The publication of the heads of the personal insolvency Bill by the Minister, Deputy Shatter, was a landmark moment in this process. Perhaps Deputy Ellis did not mean to use the phrase "little piece of legislation." It is probably one of the most comprehensive Bills to have been published by any Minister in this House in a number of years. The completion of the work of the interdepartmental group on the Keane report is almost complete and will be a major step in addressing these issues. In budget 2012 the introduction of increased mortgage interest relief, a key commitment of both parties in government during the election, was finally fulfilled.

The House should not divide on this issue. I am not long enough here or experienced enough to understand the intricate workings of this House and whether there is a way to avoid a division. To ask Deputies to vote Tá or Níl on a Bill that has merit in some respects but also has technical difficulties for the Government is missing the point.

The issue of mortgage arrears is a complex jigsaw with many pieces. The Bill offers a potential piece. The Government should examine, in a comprehensive way as the Minister, Deputy Shatter, has done, the elements that could work. In proposing the Bill, perhaps Deputy Donnelly should accept the parts the Minister has outlined may not work. We should determine whether the things that do work can be worked into the personal insolvency Bill.

I agree with Deputy O'Sullivan. All of us who are not Ministers or Ministers of State have an opportunity to propose legislation, through Friday sittings, and that should be encouraged. A number of us on this side of the House are also working on Bills on areas of interest to us. We need to know that they will be fed into the process, even if those of us on this side of the House cannot press the green button for technical, legal or constitutional reasons.

The Minister's comprehensive script leaves us in no doubt as to where the Government stands on this important issue. We all share a common goal, namely to protect families from repossession. Technical issues, which the Deputy has acknowledged exist in his Bill and would exist in any Bill produced due to the complexities involved, should not overshadow the overarching aims of the Bill. Its aims are probably shared by all of us political life.

I would like the Minister to convey to the Government two issues which have been discussed in this House regarding mortgage arrears which we need action on as a matter of urgency as soon as the interdepartmental group concludes its work. One is putting expert advisers in place. I meet a large number of people in my constituency clinics who have a real fear of engaging with the banks and are intimidated, frightened and worried, with good reason in many cases. They receive technical letters which do not speak the language of the public and include jargon and phrases that worry people. MABS and the Citizens Information Board do excellent work but we need expert advisers that can negotiate on behalf of constituents. It was a very good point in the Keane report and I do not see why there should be any delay.

There is a second issue of which the Government needs to be aware. It was mooted that the rent back scheme, whereby if people can no longer afford to pay their mortgages as a last-ditch solution councils could rent people's homes back to them. This protects the dignity of the family, allows children to continue to attend local schools, keeps private business private and keeps the family home. It was welcomed but when it was proposed people's hopes kicked in and they are now waiting for action. People come to my clinic every week, and I am sure they go to those of Deputies on all sides of the House, wanting to know when the scheme will happen. It is another issue the Government should progress as quickly as possible.

I am grateful to Deputy Donnelly for the presentation of the Bill. I am grateful to the Minister, Deputy Shatter, for engaging with the Bill. Friday sittings are very useful and I hope the overarching aims of the Bill can be worked into the Government solution to this issue.

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