Ms Eilis Barry:

FLAC has drafted an amendment to the Land and Conveyancing Law Reform Act 2009 that would, if accepted, give the courts greater powers in dealing with people in long-term arrears. We obtained advice from senior counsel to the effect that it is possible to construct an Act that will withstand a constitutional challenge. It happens all the time but, equally, a questioning of the constitutionality of socially progressive legislation is almost always the first reaction.