Dáil debates

Tuesday, 12 December 2006

4:00 am

Photo of Bertie AhernBertie Ahern (Dublin Central, Fianna Fail)

The Deputy raised two issues. The auctioneering/estate agency review group submitted a report last year. We subsequently approved preparation of a scheme for a Bill to give effect to its central recommendations, including the key recommendation to establish a regulatory authority with licensing and consumer protection functions. That legislation is due shortly. Pending enactment of the legislation, preparatory arrangements for the establishment of the new authority are under way. A chief executive designate has been appointed and is engaged in the preparatory work. The office for the new authority is located in Navan, County Meath.

I was told today that, following last night's programme, the Data Protection Commissioner, accompanied by the Financial Regulator, has met associations representing mortgage brokers to discuss the allegations raised. I understand that the Data Protection Commissioner has taken very seriously the information brought to his attention by the programme. He has launched an investigation into the allegations of improper relationships and the disclosure of information from mortgage brokers to estate agents seeking to force extra money from bidders. This investigation began yesterday with the inspection of a mortgage broker where information pertinent to the investigation was seized and is now under examination.

These powers already exist in statute. This morning an inspection took place on the premises of the firm of south Dublin auctioneers. The commissioner reported to the Government that he is determined to use his statutory powers of inspection and enforcement to clamp down on these issues, if they are proven. He will act in close co-operation with the Financial Regulator, which authorises mortgage brokers under the terms of the Consumer Credit Act, an Act which bestows legal powers in such cases. The commissioner is calling on individuals who believe the law has been broken to report such breaches to the Office of the Financial Regulator.

The Data Protection Commissioner and the Financial Regulator have substantial powers of investigation to address this issue and are investigating the issues raised in last night's programme.

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