Dáil debates

Wednesday, 19 December 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Home Repossessions

5:45 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

As the Deputies are aware, a High Court order was executed last week for repossession of a property at Falsk, County Roscommon. As the Deputies appreciate, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the management and conduct of cases which are brought before them and I have no role in the matter. Sheriffs are officers of the court and independent in the exercise of their functions and duties under statute passed by the House and the rules of court. The sheriff, or the county registrar acting as sheriff, is responsible to the court for the enforcement of court orders. The law and procedures governing the execution of court orders are contained in the Enforcement of Court Orders Acts, 1926 to 1940, and the rules of court made thereunder. As Minister, I have no operational function in this matter. However, it should be emphasised that there is a clear difference between persons or companies employed to execute court orders and vigilante groups carrying out acts of organised and serious violence, as occurred on Sunday. I condemn in the strongest terms the violence that occurred at Falsk, County Roscommon, early on Sunday morning. A Garda investigation is under way following the violent incident that occurred there, during which a number of people were injured, some of whom were hospitalised. It is important that the Garda investigation take its course and I note that arrests have been made. Gardaí are required to carry out their important duties in accordance with the law and should any person have a complaint about the actions of a garda, he or she should go to the independent complaints body - the Garda Síochána Ombudsman Commission.

I will not comment on any individual case, but I stress that violence is never justified. An Garda Síochána is the sole legitimate guardian of the peace in the State, charged with upholding the law in the interests of the whole community. It is never appropriate for vigilante or criminal groups or gangs to take the law into their own hands and commit acts of serious violence against people, animals or property, as happened in County Roscommon on Sunday. I strongly condemn the incidents. It is welcome that An Garda Síochána is investigating the matter and there is a criminal investigation under way. I am deeply disturbed by the thinly veiled references to vigilantism made in recent days on social media and elsewhere. This is a very dangerous road to go down and vigilantism and private armies will not be tolerated in the State.

While conscious that the full facts of the case are not in the public domain, it is clearly deeply distressing to see a family lose their home, particularly at this time of year. I hope the issue can be resolved peacefully through dialogue and mediation.

On the broader issue of mortgage arrears, the Government is committed to helping borrowers to achieve solutions that will allow them to stay in their homes. Abhaile, the national State-funded mortgage arrears resolution service, has provided free financial advice for over 10,000 households in mortgage arrears since it was established. That over 116,000 mortgage restructures have been completed to date and that 87% of them are on track is proof positive that engaging with a lender works. There is help available for those in mortgage distress who wish to avail of State support. Furthermore, my departmental officials are in the process of drafting a land and conveyancing law reform (amendment) Bill, the principal purpose of which is to broaden the range of matters a court must take into account when deciding whether to grant a repossession order to a lending institution on a borrower's principal private residence. I acknowledge the work of the Minister of State, Deputy Moran, in that regard.

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