Dáil debates

Thursday, 20 October 2011

4:00 pm

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)

I thank the Deputy for raising this important topic. The situation in which the residents of Priory Hall find themselves, through no fault of their own, is truly dreadful. It is particularly harrowing for those with young children. The Government is obviously conscious of their plight. In this regard, I am pleased that the National Management Asset Agency has at short notice made available to Dublin City Council a list of 332 units in nine residential developments in the Dublin 11, 13 and 17 areas. More specifically, these are in Clongriffin, Baldoyle, Finglas and on the Malahide Road. The units range from one-bed apartments to four-bed houses.

I understand Dublin City Council is now working to match residents' requirements to available units, which is the first step. The next step is for Dublin City Council to approach the developers involved and agree rental contracts for those units identified as suitable for the residents. Once that is done, NAMA will provide funding to enable the selected units to be completed. This is expected to take two weeks after leasing contracts are signed. I understand Dublin City Council has arranged for some families to move into hotel accommodation. While these arrangements are necessary in the current circumstances, the accommodation is not somewhere that families want to continue living in. Everyone needs their own private space in their own home for which they paid dearly.

I want to turn to the contract that the mortgage holder has with the lender. A mortgage agreement is a contract. The terms of a contract cannot be altered without all the original parties or their successors in title giving their consent to the alternation. The Minister for Finance has no powers in this regard and cannot force the lenders to alter the contract to affect a suspension in mortgage repayments. However, I suggest the people involved discuss the matter with their mortgage provider. The Deputy asked a straightforward question. These people have been put on the street through no fault of their own. Would I be paying a mortgage in that circumstance? No, I would not. I would raise with my mortgage provider the issue of the appalling treatment I have received. Why these people have to continue to make mortgage repayments when they have no house in which to live is a fundamental question that their mortgage provider needs to answer. If they encounter difficulties with the mortgage lender in regard to how they are treated in any such negotiations, then a complaint may be made to the Financial Services Ombudsman, who is an independent statutory officer.

The Minister for Finance does not have the power to make that order. We have an independent Financial Services Ombudsman to take complaints of this nature, and it would be a useful first step if the residents concerned initiated those proceedings, but that is a matter for them. I cannot tell them to do that.

I do not have details of which financial institutions, whether covered institutions or not, have lent to Priory Hall residents. The issue remains in the legal sphere and is still subject to litigation. It would not be correct to speculate in the House on the legal process. However, once a decision has been reached through the legal process, the circumstances will then be clearer and any problems in respect of the mortgages in place with the residents will, I am sure, be reviewed by the relevant institutions in light of the court's findings.

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