Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 6:

In page 5, to delete line 7 and substitute the following:“(7) In this section and section 3--”.

On Committee Stage I indicated my intention to examine the possibility of requiring that all repossession applications in respect of principal private residences in the case of mortgages created prior to 1 December 2009 be taken in the Circuit Court. The Land and Conveyancing Law Reform Act 2009 already requires this in the case of mortgages created after 1 December 2009. The new section, which I am proposing in Amendment No. 8, provides that in the case of mortgages created prior to 1 December 2009 in respect of principal private residences, any repossession proceedings must be commenced in the Circuit Court. This means that such cases must be commenced in the Circuit Court irrespective of the date of creation of the mortgage. I consider that this meets the intention of Deputy Mac Lochlainn as indicated in Amendment No. 7.

However, in order to avoid legal challenges in respect of proceedings which have already been commenced, section 2(4) provides that where other such proceedings relating to the enforcement of a mortgagee's rights have been commenced in the High Court but have not yet been determined, then notwithstanding section 2(2), proceedings for repossession of a principal private residence may be taken in that Court. This provision will also help to avoid the risk of enforcement proceedings being taken in two separate courts simultaneously which would lead to increased costs for the parties concerned. It will also avoid any constitutional difficulties arising with regard to the implementation of this provision. Amendment No. 6 is a technical amendment which ensures that the definitions in section 2(7) will apply to the new section 3 which is being inserted by Amendment No. 8.

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