Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

Where any defence is raised by a defendant, including any defence in relation to the nature or terms of the mortgage contract between the borrower and lender, the matter must, when it is in order for hearing, be transferred by the county registrar to the judge's list at the first opportunity. The courts are independent, which is an important point to make. Following the transfer, it will be a matter for the judge to consider any issues raised, including, if applicable, issues in relation to the EU directive on unfair terms in consumer contracts, which was given effect in Ireland by way of regulations in 1995. The directive and regulations are matters for the Minister for Jobs, Enterprise and Innovation and it is understood that the Competition and Consumer Protection Commission has supervisory powers to ensure compliance with them.

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