Mr. Brendan Burgess:

Why is it the case that in other countries repossessions can happen within three to six months? I would like to see the system changed. I was a member of the expert group on mortgage arrears which came up with the MARP so I hold up my hands in that regard; we got that wrong. The process is too long and too complicated. I think Mr. Hall has described it as torture. That said, we did not design the standard financial statement; that was done by the Central Bank. The MARP should be very simple and when people are not paying, they should not be getting any protection at all. When a case gets to court, the bar for the lender to repossess a house is very high but the bar for the borrower is very low. In fact, he or she is not required to do anything. On the first visit to the court, there is an automatic practice direction adjournment which can be for three or six months. The borrower does not have to show up or pay anything. Practice direction guidelines should be issued to court registrars outlining the fact that it is in the national interest that people who are paying nothing and not engaging have their houses repossessed. Such people should not be getting an adjournment and if they do get one, it should be subject to certain conditions such as a requirement that they pay something. The registrar in Bray is very unusual in the way that she operates. She takes a very practical, common-sense approach. She tells people that they have a good chance of keeping their house if they pay something but that if they pay nothing, the courts cannot help them. If people do not show up in court and do not pay anything, the presumption should be that an order for possession will be granted.