Catherine Martin (Dublin Rathdown, Green Party) | Oireachtas source

In light of the recent High Court judgment delivered by Mr. Justice Barrett in AIB v. Counihan on 21 December 2016 as well as in the light of the serious concerns expressed recently by the Master of the High Court, what assurances can the Minister for Justice and Equality give to families facing the repossession of their homes that she has done all in her power to protect them properly? Can she assure people unambiguously that all persons with decision-making responsibility of such magnitude are fully informed of the very latest legal developments and properly trained in respect of their legal obligations under EU law? Will she assure the many hard-pressed borrowers who are often referred to as the forgotten, the so-called squeezed middle who never got any bailout, that the terms of the directive on unfair terms in consumer contracts will be applied in repossession proceedings for family homes in every appropriate case? In light of the expressed concerns of the Master of the High Court, Mr. Edmund Honohan, about what is reportedly and unlawfully happening, will the Minister consider taking appropriate steps to place a moratorium on all such proceedings until she is satisfied that EU law is being applied consistently throughout the State?

Is the Minister confident that all county registrars have the necessary legal training to apply EU law in home repossession cases? The Court of Justice of the European Union has held that where a consumer contract comes before a court, the court must satisfy itself that none of its terms is unfair, even when the consumer has not called upon it to do so. As a mortgage contract is a consumer contract where the property is a home, it is vital that county registrars, who in reality deal with the majority of repossession applications, are fully aware of the implications of these decisions. The Master of the High Court is of the opinion, however, that county registrars should not be dealing with these repossession cases at all. There is a real and justifiable concern that many repossession orders granted in the Circuit Court may be open to challenge as EU law was not applied. In such a scenario and leaving aside the lenders, it is the State that could conceivably be found liable. There is a potential financial risk for the State. Considering the inequality of arms between the thousands of ordinary, hard-working and decent borrowers on one side and lenders on the other side with bottomless funds, will the Minister assure families that the full range of protections available to persons are being implemented?

When homeowners are summonsed to appear before the courts, however reluctant or daunting that may be, they must at the very least be assured that decision-makers are fully resourced, updated and upskilled in all aspects of protections, including the very latest, available to those facing home repossession. For the administration of justice to operate most effectively in our country, it must enjoy the complete confidence of all the people. It is of concern that the Master of the High Court does not have that confidence.

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