Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I will deal with the amendments in reverse order. The amendment Deputy Mac Lochlainn tabled is quite simple. The proposed section 3(a) is covered effectively in 2(3)(d) in regard to the conduct of a party to the mortgage in any attempt to find a resolution to deal with the matter. Regarding the proposed section 3(c), there is not an appeals system for a rejected personal insolvency arrangement proposal but, again, the conduct of the parties is covered in 2(3)(d).

The proposed section 3(b) refers to “whether a mortgagee has behaved in a manner deemed reasonable by the court. In determining whether the mortgagee has behaved reasonably the court will consider any responses”. That also falls under 2(3)(d) and the general provision of having regard to such matters as the court considers appropriate. The language in 2(3)(d) is more economical but it covers all the particular instances Deputy Mac Lochlainn wants added to it. Therefore, the amendment does not actually add anything. If anything was excluded it would fall into the general provision the court considers appropriate that is referenced.

Deputy Donnelly said specifying particular scenarios added emphasis. It is one way of putting it and I do not want us to get caught up in linguistics but what it does is say those are issues to which the court should have regard, but the court could also have regard to anything else it deems appropriate. The court has very broad discretion in having regard to issues.

Deputy Donnelly is correct; there are individuals who would be in no financial difficulty with their family homes if when they purchased an investment property they had not either borrowed money on their family home to provide initial capital for the investment property or if they had not added their family home as security for the investment. There are individuals in that position. However, in the context of protecting the family home, one must not lose sight of the connectivity between the legislation and personal insolvency legislation. The personal insolvency legislation in section 99(2)(h)-----