Oireachtas Joint and Select Committees

Wednesday, 19 June 2019

Select Committee on Justice and Equality

Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage

Photo of Kevin  MoranKevin Moran (Longford-Westmeath, Independent) | Oireachtas source

The Government is opposing these amendments. The intention behind the amendments is unclear, but may arise from the desire that the Bill should have retrospective effect. To that end, the amendment seeks to insert a new section with the words "any proceedings brought by a mortgagee, irrespective of when the mortgage was created". I consider the amendment unnecessary, as it is clear from the current wording that the section applies to any and all proceedings brought by the mortgagee for the possession of land to which section 2 applies. The amendment adds nothing; on the contrary, by departing from the existing wording in section 2 it seems to suggest that the range of mortgages to which section 2A would apply is wider than the range under section 2. There is a danger that the amendment will create uncertainty on the scope of the Bill. The current wording is consistent with section 2(2) of the 2013 Act, and amending it in the manner suggested could create confusion as to its scope.

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