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

I thank Deputy Mac Lochlainn for tabling this amendment. This was an issue on which we had some exchanges on Second Stage. I fully appreciate the intention behind the amendment. All repossession cases relating to housing loan mortgages created after 1 December 2009 must, under section 101(4) of the Land and Conveyancing Law Reform Act 2009, be commenced in the Circuit Court. There is a logic to the argument that the same limitation should apply to similar mortgages created before that date. From my discussions with the Office of the Attorney General, however, it might not be sufficient to insert a definition of court meaning Circuit Court as suggested in the amendment. Discussions with the Attorney General's office are continuing and I hope to be in a position to address this issue with an appropriate amendment on Report Stage, which will have the effect of ensuring repossession cases involving the family home or principal private residence are always commenced in the Circuit Court. In these circumstances, perhaps Deputy Mac Lochlainn would agree to withdrawing the amendment. He is obviously welcome to resubmit it on Report Stage, and in the intervening period, any issue that remains to be considered by the Attorney General's office will have been addressed.