Dáil debates

Wednesday, 12 July 2017

Mortgage Arrears Resolution (Family Home) Bill 2017: Second Stage [Private Members]

 

5:05 pm

Photo of Barry CowenBarry Cowen (Offaly, Fianna Fail) | Oireachtas source

As we know only too well, we are in the midst of a housing crisis. There are many contributing factors. Unfortunately, the State and the Government's response has not sought to reverse the trend. The statistics are damning. Waiting lists continue at an alarming level. Homelessness continues to blight society. Children continue to be dependent on emergency accommodation. Efforts by the Government to address demand have failed in the absence of earnest efforts to address the issue of supply. The problem of mortgage distress and arrears is undoubtedly contributing to those figures. Efforts by the Government to date to address this have failed abysmally.

From our own constituencies, we are well aware of the unfortunate statistics emanating from courts in respect of repossession cases. We are well aware that many people find themselves without adequate representation to assist them in that process. We are well aware that the banks' dominance in this scenario allows this situation to continue. The failure of the Government to address that is something that we as an Opposition party have grappled with, which has led to this Bill. It is a meaningful way of addressing the issue.

I am disappointed that, in its response to date, the Government has failed to recognise the Bill's significance and potential and claimed that it cannot proceed for constitutional reasons, in that it usurps the court system that deals with this area. It is obvious to all and sundry that the way in which this matter is being dealt with is far from adequate and far from a society that seeks to help those who find themselves in this unfortunate situation. Precedent has been set in how the Workplace Relations Commission can make its recommendations. Setting up an independent mortgage resolution authority within existing processes would, on foot of a case that is presented to it, enable it to make recommendations that allow for fair and reasonable solutions without taking the side of the bank, which has been the case heretofore. Mortgage-to-rent schemes, split mortgages and interest-only options would become real options with a statutory basis, which is not the case now. If resolutions and recommendations had a statutory basis, cases could be removed from the court system, thereby allowing courts to get on with the job that would be expected of them in a normal society and democracy.

I implore the Government to listen to the debate on this Bill. A great deal of work has been put into it by Deputy Michael McGrath, who is our spokesperson for finance, Deputy O'Callaghan, who has a legal background and is our spokesperson for justice, and me in terms of housing. Knowing the terrible blight that this situation has been on society, we are making meaningful proposals. If the Government was serious and could recognise the potential of this Dáil in its current configuration to produce solutions, it would engage with us on seeking to find solutions where it believes there are blockages in the proposals. We can reach an understanding whereby we can put a procedure in place that is conscious of the predicament that people are in and of our responsibilities under the Constitution and ensures that, while the law is protected, people are given a fair opportunity to address the situation with meaningful proposals that have a statutory basis.

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