Mr. Gary Tobin:

Again with the proviso that we are not constitutional lawyers, the important point is that any provision in legislation that relates to vested private property rights needs to be proportionate. We are certainly not convinced that the measures proposed in the Bill are proportionate. It is important to consider a proportionality test in connection with the Bill.

The issue of society becoming more precarious is a concern. In considering the Bill we have been careful to think not only about those in mortgage arrears but also about others with mortgages and those who one day would like to get one. The circumstances of all the people concerned could be described, in a variety of ways, as precarious from time to time. They also need to be considered in terms of the possible implications of the Bill, should it be passed. It is important that we do not just think about one category of mortgage holder. When we are thinking about legislation potentially as radical as this, we should think about the implications for all categories of mortgage holder.