Paul Kehoe (Wexford, Fine Gael) | Oireachtas source

I acknowledge the Deputy's concerns and wish to ensure that the protections available under Abhaile remain in place. I emphasise that these changes do not undermine the free legal protection afforded to borrowers under Abhaile. Borrowers can still access full financial and legal aid services and help, including legal aid for a personal insolvency court review, without any charge. The Minister has already outlined, when launching the recent Abhaile reports, the priority that he attaches to the good work being done under Abhaile and to ensuring that the personal insolvency review will function effectively. It is emphatically not the case that borrowers will be left without a barrister to argue their case. Most will benefit from a PIP, a solicitor, a junior counsel and, wherever needed, a senior counsel. The Legal Aid Board expressly indicates that counsel will be approved if a creditor is raising legal points that need to be argued by a barrister.

The question was raised that Abhaile does not also provide legal aid for contesting repossession proceedings. This criticism misses the point. Abhaile does not focus on contesting repossession proceedings because in most cases doing so will not help the borrower. As the lender still has an enforceable mortgage contract, it can reissue repossession proceedings as long as there are mortgage arrears. Instead, Abhaile focuses on getting into place an integrated solution to the arrears themselves in order that the borrower can remain in his or her home and return to solvency. This is a far more effective focus for public intervention. It is better for borrowers and for taxpayers. Meanwhile, Abhaile provides court mentors and duty solicitors to assist in ensuring that the repossession proceedings can be adjourned while the borrower is working with Abhaile to get a solution in place.

I do not accept the assertions of the Deputies that we are throwing these people to the vultures. In my constituency of Wexford, I am aware of the important work Abhaile has done, which it will continue to do going into the future.

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