Dáil debates

Wednesday, 16 May 2012

Private Members' Business. Regulation of Debt Management Advisors Bill 2011: Second Stage (Resumed)

 

8:00 pm

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)

I begin, as other Members did, by thanking Deputy Michael McGrath and his party for putting forward this Bill, which is worthy of serious consideration. I am glad the Government is giving it that.

This Bill follows on from work done by Government, which has already been outlined by various Ministers over the course of this debate, on regulating debt advice, budgeting and management through the Central Bank (Supervision and Enforcement) Bill 2011, on which there is ongoing consultation.

Frankly, any member of the public, any hard-pressed taxpayer, any struggling homeowner and families gathered round a kitchen table tonight do not care from which side of the House proposals come on this issue. They want action. The debate over the course of tonight and last night has been very much based on that, taking a bipartisan and proactive approach, and I thank Deputy Michael McGrath for the opportunity to contribute to this debate by his tabling of this Bill.

The Irish people want, need and deserve assurances that any cowboy antics, any attempt by persons to make a quick buck on the backs of the difficulties of others, will not be tolerated. I hope that tonight we further advance sending that strong message out from Parliament.

When we have this discussion about regulating debt it is also important that we have it in the context of the reason we are experiencing such an issue with debt regulation and with people having to go to those who all too often act in a cowboy fashion. It is because of the considerable burden of debt being faced by the Irish people. We have significant conversations in this House about billions of euro - it is all about billions of euro these days - but new figures provided by the Central Bank, which were the subject of coverage by the media yesterday, provide evidence of the significant burden being shouldered by ordinary families in the context of debt.

According to those figures, the average debt for every man, woman and child in this country stands at €41,000. While this is down from €47,400 four years ago, which shows clearly that people are doing their very best to chip away at their debts, it is still remains significantly above the EU average. Irish households now owe debts amounting to €184.5 billion. For every €100 earned in income by Irish people, €200 is owed in debt. The EU average in this regard is €130.

People are experiencing great difficulties. While I support the proposals contained in this Bill and those which are available on the website of the Department of Finance, we must get serious in the context of ensuring the regulations being put in place are enforced. We have a great history of introducing legislation and not enforcing it. The banking crisis and this country's economy going down the Swanee were not the result of a lack of laws on the Statute Book but rather due to a failure to enact the relevant provisions. In addition, the regulators failed to regulate. That is quite an important point.

Deputy Maloney referred to the excellent work being done by MABS, funded through the Citizens Information Service. MABS is overloaded with work at present. As a result, hard-pressed families that would normally go to MABS as a first point of call are, in desperation, resorting to seeking help from those who may not have their best interests at heart and who are more concerned with making money. The Government should do everything possible - I know the Minister of State will share my view in this regard - to support organisations such as MABS in their work.

There is a need to implement the recommendations in the Keane report with regard to assisting families to mediate with banks in respect of mortgage arrears. The mediators who are appointed must have real powers. At our weekly clinics, we all meet people who are trying to negotiate with the banks. Many banks are acting in a responsible, helpful and constructive manner but it is very intimidating for people to be obliged to negotiate with their banks. I refer to people who have never perhaps been in a position whereby they have been obliged to negotiate in respect of their family homes. We must give these individuals the support they require and I encourage the Minister for Finance to fast-track the proposals contained in the Keane report in respect of the appointment of mediators. Such a development would be very welcome.

Those who are in a difficult position, who are the subject of legal action as a result of their debts and who cannot pay for private legal representation are now approaching the Legal Aid Board. When they do so, they are advised they will be obliged to wait months before legal aid is provided. My constituency has the awful accolade of having the longest waiting list in the country in this regard. These are practical matters with which the State must deal, above and beyond ensuring regulations are enforced. It must see to it the practical tools required are put in place. While I fully welcome the Bill, I feel I must make that point.

The credit union movement has been very supportive in the context of helping families in every community on this island that may not have been able to access credit from other sources and also in respect of dealing with debt in a compassionate manner. It is very important the Government and the House should send out a message to credit unions which are intent on supporting communities and which will work in a compassionate, rather than a commercial, manner to negotiate in respect of people's debts. At the credit union movement's annual conference, the Minister for Finance, Deputy Noonan, indicated credit unions will continue to be supported and stated they occupy a crucial position in Irish society.

Deputy Michael McGrath introduced a Bill to amend the legislation relating to the financial Ombudsman. Again, this was another common-sense measure which received support from all sides of the House. However, a long period elapsed between the financial Ombudsman seeking an extension to his powers and the relevant legislation eventually being introduced in the Dáil. It is 2012 and we are debating a matter in respect of which the Law Reform Commission made recommendations in 2009. There is a need for the political parties, this Parliament and the Government to engage in a discussion about what should be done with the advice we request from experts and independent organisations. Families cannot afford to wait three years for a Government, regardless of its hue, to implement the recommendations contained in particular reports. That is something of which we must be conscious in the context of our work.

I welcome the fact the Government published proposals in respect of debt regulation on the Department of Finance's website. However, there is a need for the Government and the State to consider new ways - through social media or whatever - of promoting the consultation periods that apply in respect of such proposals. How many people are aware the Government's proposals on debt regulation are available on the Department's website? I was not aware they were there until I began researching my contribution to this debate. If we are genuine about consultation, it cannot simply be a matter of lobbing the relevant information onto the Department's website, establishing a consultation period and then saying that when the latter closes, the box has been ticked. If we really want to elicit people's opinions and read details of the type of human stories to which some Deputies have referred, we should consider doing everything possible to promote the concept of consultation. There would be no need to go to extravagant cost, and the new technologies the Government is beginning to embrace would provide an opportunity in this regard.

I again thank Deputy Michael McGrath for tabling this Bill and I appreciate the opportunity to contribute to the debate on it. I look forward to seeing the Government advance the proposals it contains on Committee Stage.

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