Martin Heydon (Kildare South, Fine Gael) | Oireachtas source

I thank the Minister of State for being in attendance to discuss this issue. There always have been and, unfortunately, always will be repossessions of houses, land and property, and it is a dreadful vista for any individual or family, but it happens only at the end of a lengthy process. It is a dreadful experience for others living nearby. Leaving aside the rights or wrongs of individual repossession cases, I am concerned about the protocols or guidelines for dealing with such issues.

Last week, an ongoing case in south Kildare came to a head when receivers acting on a court order attempted to take possession of land at three o'clock in the morning. It is reported that men wearing hoods with dogs were there. Neighbours stated that land was trespassed on and great intimidation took place as the situation escalated. I do not know if those in the hoods with dogs were the receivers or the protestors, but the activity took place in the middle of the night, and land belonging third parties, who had no truck with what was going on, was crossed. Elderly people living alone were subjected to the sight of these strangers going around the area. My concern in this instance is primarily for neighbouring residents and landowners who have no involvement with either the receivers or the landowner against whom the order was made. This was always likely to be a flashpoint, because protestors were present and receivers were moving in.

In the event that a receiver is in possession of a court order, the only role of the Garda Síochána is to keep the peace, but surely the view of the Garda Síochána should have to be taken on board by the receiver if it decides on a course of action? What guidelines or protocols, other than those to do with keeping the peace, exist for the Garda Síochána to ensure that those innocent people who live nearby are not put at risk and that their property is not interfered with? Does the Garda Síochána have any say or role if receivers decide to move on a property in the middle of the night? What protocols exist for receivers? If the court order does not stipulate how the order is to be enforced, is there a limit to the level of force that can be used? If the only role of the Garda Síochána is to keep the peace, and gardaí cannot stop receivers acting at certain times in a certain manner that may inflame a situation, we are asking the Garda Síochána to play referee between two factions with their hands tied behind their back. This is a dreadful situation. We must learn from it and ensure such events do not happen in Castledermot or elsewhere.

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