Dáil debates

Wednesday, 1 July 2009

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages

 

6:00 pm

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)

I am pleased the Minister is dealing with this issue. It is one I have raised with him on several occasions. I understand he was initially told it could not be done, an opinion also expressed to me by another Minister. I thank the Minister for pursuing it with such vigour. I was shocked on first discovering what was going on, when a person who came to my clinic told me that High Court proceedings had been initiated in respect of that person's smaller than average house as a consequence of mortgage arrears of some €4,000. It is outrageous that such persons should be dragged to the High Court.

My views on the prospect of these cases being heard in the Circuit Court are shared by FLAC, with which I have discussed the proposals. The issue has also been discussed by the Joint Committee on Social and Family Affairs. Compassion must be shown to people in difficulties. In my experience, proceedings in the Circuit Court move at a much slower pace than those in the High Court. The message must go out from the Oireachtas in enacting this legislation that it will help to ensure people have time to get their affairs in order. The Circuit Court sits quite infrequently - perhaps more frequently in Dublin and Cork- but in my own and the Minister's constituency the registrar's court sits perhaps once a month. We must emphasise that we are trying to slow the process down. In addition, as the Minister said, registrars in the Circuit Court must show compassion to people who are in court on foot of a repossession order.

We can go further in seeking to assist persons in these difficulties. Family homes should not be subject to repossession other than in absolutely extreme circumstances. Increasing numbers are subject to such orders. In my experience of these issues being dealt with in local courts, civil court proceedings are generally not covered by local media. In the course of my previous job, I found that repossession cases in the registrar's court could be delayed almost indefinitely. Such a delay may be exactly what people need as they seek new employment. I thank the Minister for bringing forward this proposal. I urge him, as soon as this legislation is passed, to commence the section as soon as possible. I am not sure whether existing applications must be taken in the High Court rather the Circuit Court. If that is so, there may be a rush of applications in the coming days and weeks. For this reason, it is very important the Minister commence the section as soon as possible.

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