Dáil debates

Tuesday, 14 November 2017

Multi-Party Actions Bill 2017: Second Stage

 

9:10 pm

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent) | Oireachtas source

I, too, welcome the introduction of this Bill and I compliment its authors. It is beyond time we had a measure such as this one that would make access to the courts possible for large numbers of people. Deputy Harty referred to people affected by the tracker mortgage scandal. The predatory nature of the banks, with them literally robbing and stealing from families, has gone on unimpeded. The Central Bank seems not to know or care or want to know what has happened. It is a case of just cover it up.

How could any one person or a few people take a bank to court? If we have this multi-action measure, people might be able to come together and take a case. They are up against the might of banks which can hire the best legal people and frustrate the whole system. I have been down in the courts on numerous occasions with families dealing with banks. It is a different world. I found there was muffled talk at the top of the courtroom from the justice, in some cases, and that the top row of barristers and junior counsels tend to whisper. It has been said that justice delayed is justice denied but justice unheard is shambolic justice. People cannot hear it. I was in court with a litigant and the judge beamed at the woman that she would not be allowed to speak or have any assistance. She was terrorised, like a fox or rabbit caught in the headlights of a car. I moved up the courtroom step by step, row by row, to see if I could hear anything that was going on. I was up right beside the litigant, the person being charged by the banks, who had been taken from prison that morning after being put out of her home. She had been taken up by the prison officers and had been very well cared for by them, I might add, but she was literally treated like a piece of dirt.

We need somebody to put some respect and manners on bankers and to ensure that we get some modicum of decency and respect in the courts for individuals and families. We are not getting that at this time. I know of cases where justices had to be forced off the Bench because they did not declare their involvement with certain banking institutions, and that has happened. The lid will be completely uncovered on this one of these days very soon, and we will have a much more murky situation than we have had in other sectors. I got very disturbing information over the weekend regarding issues related to the courts, which I will not go into here until I have the full facts, but all is not well down there. The Government's response to this multi-action legislation has been woolly, furry and muffled, and its approach has been to delay. It has been a case of preserve the status quo and preserve the status of what goes on down there. The little people do not matter. Let them go to hell but look after the banks and the vulture funds. We had that experience in a committee last week when dealing with the Finance Bill when we tried to put forward an amendment to put stamp duty on vulture funds where they are selling off loans at 20% and not offering them to the unfortunate householder, farmer or business man or woman concerned.

This Bill will be passed but I hope it will not then be consigned to a shelf, delayed like many other measures have been, and not enacted for several years. The Bill is very timely and appropriate. I compliment its authors.

We can look to the United States which has had class actions for a long time and the place has not fallen in, but it also has bankers behind bars. We do not have bankers anywhere other than going to the finest restaurants in the country, rubbing their hands with glee, and their attitude is to hell with the ordinary people. That is what we are dealing with. That is not what the people fought for in 1916, 1921 and 1922. That is what we have ended up with. It is a charade, a cabal. It is time we had a legislative measure like this one. I will follow it carefully as, I hope, it proceeds to Committee Stage, and I will follow its progress when it comes back to this House. I hope it will not be completely stood on and buried by the powers that be, like most other items of well-intended legislation have been.

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