Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I have seen some reports of the case to which Deputy Martin refers. While I do not want to discuss the details of any particular case, the situation stands as we have already said. House repossessions should be a very last resort. As the Deputy is aware, the Government provided a range of options for consideration in cases where persons are in mortgage distress. I understand exactly what the Deputy has said in respect of this particular couple. One of the mechanisms included in the relevant legislation by the Government is specifically designed to deal with cases where a situation such as that under discussion might arise. I refer to the right of a judge to put a legal stay on matters surrounding the repossession of a house until all options have been explored. That right applies in this case. I do not know what evidence or suggestions were presented or made in the court in this instance. There is a specific right included in the legislation whereby, in circumstances in which all options have not been explored, a legal stay on the repossession of a house can be put in place. That is why the opportunity should be made available in this particular case for a practitioner to consider the options available, the offers that were made by the couple involved on behalf of themselves and their children and the fact that the man is back in full employment. That would lead to a situation where all the options would be properly explored and followed through. No repossession would take place until that happened. The services of and options provided by the personal insolvency agency can be used in this instance and there is obviously also a consequence in that regard.

I do not have in my possession the details of the court case to date. In the context of specific cases of this nature, however, a right was included in the relevant legislation for a stay to be placed on prosecution and execution until all the options can be explored. I feel for this man, his wife and their children. I am not sure whether they or their advisers have engaged with the process of having a practitioner consider the matter or whether they have applied to the court to have that right applied to them. As stated, the Government has made it perfectly clear that the repossession of houses should be a very last resort. The couple involved are obviously not the owners of multiple properties and this matter relates to their family home.

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