Dáil debates

Friday, 3 February 2012

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

 

12:00 pm

Photo of Joanna TuffyJoanna Tuffy (Dublin Mid West, Labour)

I compliment Deputy Donnelly on putting forward this legislation and on all the work he has put in to drafting and researching it. This is one of three key issues we face as legislators at present in the context of everything that has taken place, that is to say, the economic and financial crisis and the fact that many people have difficulties paying their mortgages. Some people have lost their jobs or taken pay cuts which has added to the problem. Protecting the family home is important and people should be facilitated if possible in retaining and continuing to live in their family home. Another issue that must be tackled is unemployment and the need for job creation. In addition, we must bring about a greater equality of income in the country, along the lines of what President Obama has begun to discuss in the United States. We should have the same debate here.

Deputy Donnelly's Bill is important and he has raised an important issue. The considerations he wishes to be taken into account in repossession cases are relevant and they should be borne in mind by a judge when making a decision. I hope this matter is taken further.

Deputy Donnelly's proposal could be considered as part of the deliberations on the personal insolvency Bill, the heads of which, I understand, have gone to the Joint Committee on Justice, Defence and Equality. I hope Deputy Donnelly will participate in that process to establish if there is any way this work could be considered as part of that legislation. He may wish to table amendments to that legislation.

I have been in Opposition previously. When I was in the Seanad, I recall putting forward amendments in respect of the Land and Conveyancing Law Reform Bill which were rejected by the then Minister for Justice, Equality and Law Reform. I continued to raise the issues at every opportunity. Then, I happened to be elected as a Deputy and the Bill finally came to this House and it was discussed here. I put forward my amendments at that stage and the Minister accepted some of them. I cannot recall whether he put forward a version of my amendments or whether they were in my name but the fact is that the point was conceded. Deputy Donnelly should not give up if the Minister does not accept his Bill at this stage.

People have questioned whether this forum is a sham and the worth of the extension of sittings to Friday. There is room for improvement. Deputies should make more of an effort to attend. The problem is not only with Friday sittings. There are other aspects to Dáil debates, including the issue of a near-empty Chamber during Topical Issues and when some legislation is going through the Houses on Report Stage. A good deal of pressure is put on Deputies from various parties to attend the Order of Business and Leaders' Questions and those in the media fill up the Press Gallery during these times.

However, we should deal with the issue of the near-empty Chamber. This is not only a phenomenon in Ireland; it happens in Westminster and all parliaments. Chambers are often near-empty for some proceedings. We cannot be in the Chamber all the time. A Deputy cannot sit in the Chamber for the entire day. It is not sustainable because one must carry out research, deal with one's constituents, attend committee meetings and so on. However, it is a valid issue. On the other hand, debates such as this present a great opportunity for Deputies and I am pleased Deputy Donnelly has decided to take advantage of it. We are being allowed to put forward Bills and Opposition and backbench Deputies are being facilitated with a Friday sitting once a month to debate these Bills. We are provided with resources by the Oireachtas to do this and can get assistance from legal draughts people to draw up our Bills. The resources are being provided and we must grasp the opportunity. There is no point being cynical about the sittings, as some Deputies have been, or saying they are a sham. They are not. While there is always room for improvement, this development is a big improvement on the way things were. It is not the only reform we have seen. The topical issue debate has also given backbenchers and Opposition Deputies more power.

When the Minister for Justice and Equality was in opposition, he managed to bring forward legislation that brought important, progressive and significant reform to family law legislation. It should happen in the course of every Dáil session that the Opposition gets an opportunity to initiate legislation and that it is possible that this legislation is accepted by Government. Deputy Donnelly's Bill may not be one that is accepted this session, but if this is to be a proper process, the Government must take on board some of the legislation put forward. Deputy Shatter would be the likely Minister to recognise the importance of this.

Deputy Donnelly has flagged this important issue and this should not be the end of it. We need to take it further. If the Government does not intend to accept it now, there may be other opportunities to raise the issue. I urge him to continue to push forward with his proposals.

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