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

I am glad to hear that this matter is under consideration, but justice delayed is justice denied. In some cases, delays are fatally dangerous because it is already too late and the clock can never be put back. For many others, time is of the essence.

I have asked a specific question, namely, whether the Government is satisfied that family homeowners who are doing their utmost to simply survive from day-to-day and week-to-week and are now facing a legal process and the prospect of potentially losing their homes will be given as much protection as is feasibly possible. If the answer is "Yes", can the Minister of State explain how he came to that conclusion?

The master of the High Court has expressed his concern that the Government is failing to properly protect people facing home repossessions, claiming that current procedures do not ensure EU consumer legislation is being applied. At least one county registrar has stopped processing such cases. Is the master, Mr. Honohan, right or wrong? The Green Party and many others believe the Government needs to address his genuine and serious concerns.

County registrars are effectively agents of the European Union. There is an obligation on them to examine contracts to determine whether they are fair. Does the Minister of State agree with the master of the High Court that the rules and procedures of these courts need to be updated to facilitate a hearing in every single repossession case with regard to EU legislation and unfair contract terms?

The law provides that a term which allows the commercial party to unilaterally change the contract is defined as unfair. What about the banks that arbitrarily increased interest rates, beggaring those with variable rate mortgages? What about those who were falsely sold interest-only mortgages and then had their loans switched to capital and interest loans just as the recession began to bite?

The Government should introduce a moratorium on all home repossessions until assurances can be given that adequate resources are in place to fulfil the legal obligations under EU law and legal clarity is restored in order that the Government can give assurances to all home owners facing home repossessions that the full range of protections available to them are being applied.

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