Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

The Deputies can take offence if they wish but it is a compliment to Deputy Harty rather than an insult to the rest of them.

I have put the Government's performance on the record previously and wish people would accept it. In 2009, action 1 was the introduction of the statutory CCMA. As action 2, in 2012, the mortgage-to-rent scheme was introduced. As action 3, in 2012, the Personal Insolvency Act was introduced, which reformed the bankruptcy system. Action 4 in 2012 was the introduction of a mortgage information and advice scheme by the Department of Social Protection. Action 5 in 2013 was the revision of the code of conduct, making a distinction between co-operating and non co-operating borrowers and provided that a moratorium of the last eight months would be available to co-operating borrowers. Action 6 was the establishment of the Insolvency Service of Ireland, ISI, by the 2012 Act. Action 7 in October 2014 involved the ISI waiving existing application fees for the three statutory debt relief solutions in an effort to remove any possible perceived barrier to debtors availing of solutions. Action 8 in 2015 was the enactment of the Consumer Protection (Regulation of Credit Servicing Firms) Act. In 2015, we reduced the period for which people would be allowed to be insolvent under the Personal Insolvency Act, as action 9. Action 10 was the enactment of the Personal Insolvency (Amendment) Act 2015, to allow courts, where they considered it reasonable in the circumstances of an individual case, to approve a personal insolvency arrangement, PIA. Action 11 in 2016 was the introduction of the Abhaile scheme.

Action 12 from 2017 to 2019 is the finalisation by the Department of Justice and Equality of the review of operation of Part 3 of the Personal Insolvency Act to reduce the period in which bankruptcy applies to people to one year. For action 13, the Central Bank reviewed the CCMA, which found that it was working effectively for those who engaged with the process. As action 14, the Government supported Deputy Michael McGrath's Private Members' Bill - Consumer Protection (Regulation of Credit Servicing Firms) Act 2018 - which has been enacted. Under action 15, the Government is supporting the Land and Conveyancing Law Reform (Amendment) Bill 2019, which is now on Committee Stage, and the Minister, Deputy Donohoe, referred it. Action 16 is the Central Bank's consumer protection code. The CCMA makes specific provisions for those in mortgage arrears in their homes. Section 48 of the Central Bank (Supervision and Enforcement) Act 2013 relates to lending to small and medium enterprises. Under action 18, in individual cases where a regulated entity does not behave properly, the consumer has a right to make a complaint to the Financial Services and Pensions Ombudsman. Last year, we also expanded in the same Act on long-term financial services. There have been 19 actions in nine years.

As I said to Deputy Harty, I consider him a fair-minded person. None of that was mentioned in his contribution. There are very few jurisdictions where there are more protections for people, their property and their loan, and if their loan is bundled and packaged and sold to others. Most fair-minded people would accept that not just this Government and the parties in it, but the previous Fine Gael and Labour Government and the Administration prior to that of Fianna Fáil, the Green Party and some Independents have put in place structures in the past decade to protect people in their homes. However, not everybody can be protected on all occasions. On some occasions there are loans that are not sustainable. To deal with those people, what we have done is brought the bankruptcy period down to one year from 12 years. Previously, the Victorian notion of shame was attached to being bankrupt, which lasted for 12 years, and that was specified in the legislation that was in this House for more than 100 years. We did that to protect people and, as Deputy Danny Healy-Rae said, to allow children to stay in their own beds in their own homes, as best we can. However, we cannot protect everybody all of the time, but no jurisdiction anywhere does that. Properties are not free. Somebody pays for the land. Somebody pays for a house and at some stage somebody has to pay for the construction and for the property.

I will touch on a number of other issues that were raised in the brief time available. Deputy Brassil highlighted New Zealand and Jersey. Neither jurisdiction is part of the European Union. An Irish person can go to Spain and buy a house. That is the law. That is one of the four freedoms that being much debated across the water in the UK. All 28 countries in the European Union currently are still entitled to do that. Capital can move and people can purchase properties. The protection of the purchase of a property from a citizen of the country is a matter for each individual country if it chooses to do so, if it is outside of the European Union.

In response to what Deputy Cullinane said, I am always amused by Sinn Féin. The Deputies over there said we got an answer last week; for their information, we did get an answer, we got 20 extra county council seats. Sinn Féin lost county council seats. That is a point of fact for people to understand.

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