Niall Collins (Limerick, Fianna Fail) | Oireachtas source

We are running across each other somewhat. It is fair to say we are all trying to achieve a balance of fairness in the legislation. A central core of contention between Government and Opposition has been in the area around the veto and who the balance of power would reside with. Throughout his presentation and previously the Minister has referenced differentiating between the people who cannot pay and those who will not pay. Deputy Donnelly has referred to them as strategic defaulters but I would rather refer to them as tactical defaulters. I suppose it would help to inform our discussion if we knew how many tactical or strategic defaulters there are.

I have tabled an amendment which effectively covers the power of the court to determine the rejection of a proposal for a personal insolvency arrangement as unreasonable. We are seeking to try to re-balance the system in favour of homeowners.

I wish to refer to several points covered by other amendments. The fact that the code of conduct on mortgage arrears is the rule book lenders must follow should be given more emphasis in the legislation. When a borrower is dealing with a financial institution, in many respects he will have less of a professional, financial or legal back-up and fewer resources available to him in negotiations. In many respects the bank will have endless resources available. We need to consider the area of limiting of costs which are potentially applicable as a result of these disputes.

The Minister made an interesting comment on non-recourse mortgages. Was that a personal view or is the Minister giving us an insight into potential Government policy?