Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

On behalf of the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, I thank the Deputy for raising this matter. The Tánaiste appreciates her interest in these current developments and is aware of the High Court decision referred to. She wishes to reassure the Deputy that this is being examined by the Department and the matter will be kept under review in terms of any definitive additional obligations which may arise and in terms of how the Department and the House may deal with them.

I reiterate the programme for Government commitment to keep families in their homes and to avoid repossessions in so far as possible. In October 2016, the Government launched the new national mortgage arrears resolution service, Abhaile. I note that further aspects of the handling of repossession cases in the courts are being considered under the programme for Government. Subject only to the Constitution and the law, the courts are independent in the exercise of their judicial functions and in the management and conduct of the cases which come before them, and the Tánaiste has no role in that regard.

County registrars are officers of the court and independent also in the exercise of their functions and duties under statute and the rules of court and, as a matter of law, may only make orders for possession of any land in cases where no defence to an action for possession has been delivered by the defendant or, indeed, no appearance has been entered by the defendant. Therefore, the power of a county registrar to make possession orders is extremely limited. Where any defence is raised by the defendant, including any defence relating to the nature or terms of the mortgage contract between the borrower and the lender, the matter must be transferred by the county registrar to the judge's list at the first opportunity once it is in order for hearing. At that point, it is a matter for the judge to consider any issues raised, including, if applicable, issues relating to the European Union directive on unfair terms in consumer contracts, which was given effect in Ireland by regulations made in 1995, as amended in 2000 and 2013.

In addition, all orders of a county registrar are then subject to appeal to the Circuit Court. The directive and regulations relating to it are a matter for the Minister for Jobs, Enterprise and Innovation, but it is understood the Competition and Consumer Protection Commission has a supervisory power to ensure that there is compliance with the legislation.

The raising of this issue in regard to matters for consideration by the court in a possession case underlines the critical importance of people who are in mortgage arrears and have been issued with legal proceedings engaging with lenders and court processes, and the entering of a defence for the consideration of the court where they feel they have such a defence.

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