Niall Collins (Limerick, Fianna Fail) | Oireachtas source

Some of the Minister of State, Deputy Brian Hayes's colleagues asked the question, why now. They should have asked, why is Fianna Fáil raising this matter again. My colleague, Deputy Dara Calleary, alluded to the passage of the personal insolvency legislation through both Houses of the Oireachtas. We sought, by way of amendment on Committee and Report Stages, to establish an independent appeals mechanism as part of the personal insolvency regime being introduced. We welcomed and supported the main thrust of the legislation, but it is deficient and limited, as there is no participation by an independent third party to try to bring about a dispute resolution mechanism and disputes will undoubtedly occur.

The purchase of a home by a person or young couple is one of the most significant and landmark transactions they will make in their lifetimes. Currently, 94,000 people find themselves in a dire set of circumstances. Instead of having a capital asset which is appreciating in value, they have a liability which is growing in size. We are more than two years into the term of the Government, but we still have not progressed this matter significantly enough to give the people concerned hope.

As a practising public representative, like everybody else in this House, the Minister of State, Deputy Brian Hayes, will know there are independent appeals processes for every State-backed scheme. There is an independent social welfare appeals mechanism, including for jobseeker's, carer's and domiciliary carer's allowance and for medical cards. We have the Office of the Ombudsman and if one goes through the planning process, there is an independent appeals mechanism. There is the Employment Appeals Tribunal to deal with employment disputes. One can even appeal through the various courts. There is also an independent appeals mechanism to deal with third level grants. We are now faced with a situation where the banks ultimately have a veto.

The Minister of State, Deputy Brian Hayes, is in the same wing of Fine Gael as the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, who, to his credit, is always clear. Does the Minister of State trust the banks? Will he give us a straight answer? Does he trust the banks to deliver on their promise under the legislation? I will be interested to hear his response.

There is no fairness in the thrust of the legislation. Much of what the Minister for Finance is bringing forward does not have fairness as a central tenet. For example, if one looks at local property tax, the Minister has not recognised inability to pay. There are some limited deferrals and some other minor reliefs. In my constituency alone there are 25 unfinished housing estates. Those living on these estates who are all in negative equity are liable for local property tax. Many of the 94,000 people in mortgage arrears are living on such estates and are liable for local property tax. These estates are largely unfinished and there are serious public liability issues attached to them. Many of them should be demolished.

We will have sight of what are considered reasonable living expenses when the guidelines are published. There was a leak to the newspapers, to which the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, referred. One person's reasonable living expenses would represent a barrier for another and his or her family. For example, is the Minister seriously thinking of removing the ability to maintain private health insurance cover for? Today in my local hospital, the Mid-Western Regional Hospital, people were asked not to attend the accident and emergency department unless the emergency was genuine. What message does that send?

There is much to take into consideration when it comes to fairness. However, we are not allowing people to avail of the services of an independent honest broker in a process covering the biggest transaction they will make in their lives and which affects their welfare. We are always talking about the economy.

Let us talk about the societal issues. We must recognise that we must foster a society in which people can live. I would like the Minister of State to say whether he trusts the banks. Does he believe they will do the right thing? I do not believe they will. We need independent oversight. We sought this when the legislation passed through the Houses initially and we are now offering the Government a constructive alternative to what we proposed within the personal insolvency legislation. I hope the Government will take it on board.

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