Mattie McGrath (Tipperary South, Independent) | Oireachtas source

I thank the Leas-Cheann Comhairle for facilitating my change of speaking time. I am pleased to be able to speak on the Bill today. We all know the criminal justice system and the court system need reform in this area. A referendum will be held shortly and sadly most people do not have a clue what it is about. The effect will be merely to insert another layer of judicial appointments between courts and will keep the barristers busier - no barrister will come out to oppose that.

The fines area needs to be addressed sensibly and sensitively. I welcome the provision for fines to be paid by instalment. While it probably will not happen, I hope we will see an end to the system of gardaí serving warrants and picking up individuals. We have heard some of them on radio shows this year - nonsensical parking fines and silly things that should be dealt with administratively on the ground. Community service should be an alternative and a first step rather than going through the process. On occasions people may not even know about it and next thing there is a fine. In a recent case a person paid a few euro more than the fine amount by mistake. The cheque was sent back rather than cashing it and putting the extra amount into the poor box. He was then served with a summons, arrested, brought to a prison where he was inducted, fed, watered and given pocket money to come home. The Minister of State sitting opposite knows it is a farce and it must be dealt with. The sooner the legal situation is taken on the better.

I raised the Kanturk case on the Order of Business this morning. I have a copy of the sheriff's order which was printed on 9 September advising the people that an order for possession had been lodged with the sheriff on behalf of the plaintiff, the bank, and that she would carry out the execution of that order seven days after the date of the letter. It was signed by a brand new sheriff, who appeared on a radio programme recently saying how genuine she would be and how she would understand the families and would not hurt them. We are acting on behalf of rogue banks that will not allow these people to pay. The sheriff's staff arrived on the scene yesterday. We have all the powers of the State working for these banks. The Government has changed the legislation - we voted twice in the last session - to allow banks to repossess homes.

Section 133 of the Land and Conveyancing Law Reform Act states, "The power of the sheriff, or of other persons entitled to exercise the sheriff's powers, to seize a tenancy under a writ of fieri facias or other process of execution is abolished". I am not good at Latin - the last time I spoke Latin was while serving Mass - but people know what that Latin term means. How can a sheriff be outside a house intimidating a family if that was abolished in an Act? Are we paying any heed to the Acts that are passed here? We are doing so for the little people - we persecute them and lock them up. However, for the banks we let them do what they like. It is law for one and no law for the others. We need to bring back Ned Kelly or someone like him. In case people might not understand fieri facias, it is a writ of execution authorising a sheriff to lay a claim to and seize goods and chattels of a debtor to fulfil a judgment against the debtor. As it has been delayed by good people and court threat, all that will happen is that the sheriff and her agents will be paid - and well paid.

The receivers represent the biggest industry in the country. We are passing laws and empowering them to terrorise people. Another auction will take place - now that they have found a home for it in the RDS. We are allowing these gangsters, mobsters to run riot here and are passing laws that are actually empowering them. This Bill is not worth the paper it is written on because it empowers the big people rather than dealing with things sensibly. However, the legal profession might be upset if we took away some of their income. It is all law and no justice.

The referendum the Government is backing is another farce because it is just putting in another layer. No barrister has come out against it. I heard one of them this morning debating with the Minister for Justice and Equality who said he was partly opposed it. He is not against it because it sets up whole tier of the Judiciary and we know who will be appointed - the card-carrying members of Fine Gael and Labour, just as happened with the previous Government. This Government promised change but there is no change. Those appointed will have to be friends of the Taoiseach or Minister for Justice and Equality as we saw with recent appointments.

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