Oireachtas Joint and Select Committees

Wednesday, 22 May 2013

Select Committee on Justice, Defence and Equality

Land and Conveyancing Law Reform Bill 2013: Committee Stage

3:10 pm

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent) | Oireachtas source

I know. I understand that they are linked but this is the repossession legislation.

This is what will come into play when the personal insolvency arrangement has not worked. One would hope that by the time a bank and a home owner are in court for repossession, they have already tried to look at a PIA. It is great it is in that legislation for that eventuality, but it is not in this Bill for this circumstance. All I am asking is that the emphasis the Minister has so eloquently read out is included here. This legislation will only come into play when the bank exercises its veto on a PIA. It would be a strange situation for a family to be in court on a repossession order if they had not already approached the bank to sort this out. In many cases, the process the Minister outlined will already have happened and the personal insolvency practitioner will have considered all of those issues. All that is a matter of emphasis. As the Minister has already said in section 2(3), the court can consider anything it wants. I am asking that two very important issues are given emphasis in the same way the Minister has given them to the five that are in there.

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