Oireachtas Joint and Select Committees

Wednesday, 13 December 2023

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Credit Servicers Directive: Discussion

Mr. Edmund Honohan:

Yes. It states that measures should be put in place. What measures were put in place for that? That is a hard law provision. One cannot have a measure that can be ignored, dressed up, forgotten about or brushed under the carpet. A measure that is not complied with should be sanctioned. This was transposed, and this is the phraseology used. These are now the regulations that transposed the 2014 directive. Article 29 states:

Where the price obtained for the secured immovable property affects the amount owed by the consumer under the credit agreement, the creditor shall ensure as far as is reasonably practicable that the secured immovable property is sold at the best price reasonable obtainable.

That is a soft law provision, which is not a transposition of what is required under the directive. The directive required "measures" to be taken, so a structure-----

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