Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

I thank the Deputies for raising this matter. I am speaking on behalf of the Minister for Justice and Equality, who regrets she is unable to be present for the debate due to other official commitments. I will bring the views of the Deputies to her attention.

Without wanting to comment on the specific circumstances of any particular case, the Minister is very much aware of the strain that can arise for individuals and their families when their personal or business finances become distressed. In these circumstances, repossession of a home or other property inevitably brings those pressures to a head. As public representatives, we have all engaged with people struggling in these circumstances, and it is undoubtedly one of the most tangible legacies of the national economic mismanagement which this Government has been grappling with.

This Government has put in place a broad strategy to address the problem of mortgage arrears and family home repossessions. This included an extensive suite of interventions designed to address the problem, including specific Central Bank targets for the banks through the mortgage arrears resolution targets, MART. In addition, the Code of Conduct on Mortgage Arrears produced by the Central Bank sets out how mortgage lenders must treat borrowers in, or facing, mortgage arrears. We have also seen the extensive recasting of the personal insolvency legislation, including the establishment of the Insolvency Service of Ireland and the introduction of the personal insolvency agreement model. In addition, we have enhanced the provision of advice through initiatives led by Department of Social Protection. Furthermore, the mortgage to rent scheme has been put in place to assist borrowers who are in an unsustainable mortgage position in remaining in their homes through the involvement of social housing agencies.

I call attention to the review of the insolvency legislation announced as part of the statement of Government priorities. This involved consultations with all the relevant stakeholders and has been completed by the Department of Justice and Equality. Work is currently under way across Government Departments to develop a comprehensive and effective response to help those trapped in unsustainable debt to arrive at sustainable solutions. That work is expected to conclude shortly, and the Government's action plan in this area will be announced.

The Minister is conscious of the painful situations that have arisen for families and farm and business owners, a number of which have been raised specifically with her as Minister. As these cases are matters that have been, or are, before the courts, it would not be appropriate for her to comment on their specifics.

In response to the issues raised by the Deputies concerning the need for Garda guidelines on repossessions, it is important to be clear about the role and functions of members of the Garda Síochána in these circumstances. The proceedings that give rise to repossessions are first and foremost civil proceedings in which the Garda Síochána is not a party. There may be situations in which the Garda Síochána becomes aware, or is notified, that a property is to be the subject of enforcement proceedings on foot of a court order. In those circumstances, it is an operational matter for Garda Síochána management to assess whether a Garda Síochána presence is advisable so as to prevent any risk of a breach of the peace. Preserving public order is an essential function of the Garda Síochána, whether in circumstances relating to repossession or otherwise.

Where the Garda Síochána attends in those circumstances, it is equally important to be clear that it does not have a role in the repossession process itself, unless specific actions are directed by the court, and is not in a position to act as an arbiter in the proceedings. There may be confusion on this point in the public mind, but this is the legal position and the Garda Síochána is clear about this when present in such circumstances. Issues of difference or difficulty concerning the enforcement of the order are matters for the parties to resolve before the courts.

Where a breach of the peace occurs, there are of course provisions in public order and other legislation that may apply. Similarly, where an individual has concerns that a criminal action may be have been committed by any person in the course of such proceedings, this is a matter that the Garda Síochána will investigate. Furthermore, if a person feels he or she has grounds for complaint about the actions of a member of An Garda Síochána in this or any other matter, it can be pursued through a complaint to the Garda Síochána Ombudsman Commission.

The Minister has no function with regard to persons appointed to execute courts orders who are operating under the aegis of the courts.

In conclusion, the Minister underlines that, as a matter of general Government policy, the effective management of the mortgage arrears challenges remains under continuous review. More and concerted action can be undertaken by the banks to assist customers in arrears. As the Taoiseach has previously announced, the Government is considering a range of options to support the existing framework and to improve the uptake of personal insolvency solutions.

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