Dáil debates
Wednesday, 5 November 2014
Mortgage Arrears: Motion (Resumed) [Private Members]
7:45 pm
Joan Collins (Dublin South Central, United Left) | Oireachtas source
I would like to comment on the points made by Deputy Coppinger last night. The motion does not attempt to deal with the totality of the mortgage crisis. I put forward a Private Members' Bill on that issue on a previous occasion and proposed the Norwegian model which would allow a write-down of debt.
This motion deals specifically with problems with the Central Bank code of conduct on mortgage arrears, CCMA, the mortgage arrears resolution process, MARP, and the mortgage-to-rent scheme. Anyone who deals with serious problems as a MARP third-party representative knows that lenders do not operate on the basis that voluntary surrender or repossession should be the last option. The only way to change this is to introduce a legal requirement, not an onus, to offer substantial solutions as outlined in this motion. This would make an enormous difference to the tens of thousands of homeowners in their dealings with the banks. The proposals in the motion are fully supported by the Irish Mortgage Holders' Organisation, whose members I welcome here tonight. It has done far more on third-party representation and has gained far more experience in this area than anybody else. It believes that what is proposed in this motion is what is needed to resolve the issues.
I want to refer now to some of the specific points made by the Minister of State at the Department of Finance, Deputy Harris, in his contribution to the debate last night. He said:
The CCMA provides that lenders may only commence legal proceedings for repossession where they have already made every reasonable effort to agree an alternative arrangement with a co-operating borrower. Any bank proceeding to legal recourse with co-operating borrowers in circumstances where an alternative sustainable arrangement is feasible and can be agreed is not acting in a manner consistent with a mortgage arrears resolution process or with the CCMA.
This is simply not true. There is no sanction or no compulsion under the CCMA or the MARP unless we accept that voluntary surrender represents a sustainable solution.
The Minister of State went on to say: "Of course, these efforts can only achieve positive results in circumstances where the borrower co-operates with the lender and engages with the process." This is outrageous. The Government is suggesting it is only non-co-operating borrowers who face repossession. Last night I gave two examples of distressed homeowners in my constituency. They are in the family home and borrowers who have co-operated fully with their lenders through the MARP. They were represented by a person in my office and then represented by the IMHO. The implication in the Minister of State's contribution to the debate should be withdrawn.
Some Government Deputies have expressed sympathy for the motion. I am sure all Deputies are genuinely expressing sympathy for the thousands of families who fear losing their homes. It is all very well to have sympathy, but, as Ministers and Government backbench Deputies, they are going to vote down a motion which, although it would not resolve the totality of the crisis, would assist thousands of families. From that point of view, I repeat the key points as to why the motion is before the House. There is an ongoing crisis. Some 22,000 cases are either in or will be entered into the legal process. We could, therefore, be facing more than 20,000 evictions. I thank Deputy Seán Fleming for using that term. The CCMA is not fit for purpose because there is no legal requirement to offer viable solutions such as those we put forward in the motion. The mortgage to rent scheme is in need of a major overhaul. It has not resulted in 50 but 38 conclusions, which is pathetic. House values are rising, which means that the limits of €180,000 and €220,000 are now too low and need to be raised.
To protect the family home, I brought forward the motion and hope Deputies will come into the Dáil Chamber to vote for it. This is crucial if we want to deal with the thousands of families who are affected by this issue.
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