Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I tabled amendments similar to those tabled by Deputy Ó Laoghaire on Committee Stage. I did not press them on that Stage. I recollect they did not proceed to a vote. I did not press the amendments because the Minister of State, Deputy Moran, very sensibly informed me that if we did, it would delay the progress of the legislation and mean it would not be enacted. I openly expressed my concern about that on Committee Stage and, for that reason, withdrew my amendments, which were the same as those of Deputy Ó Laoghaire and which, in fairness, were brought to my attention by FLAC.

I am sure it is the same for Deputy Ó Laoghaire. I am conscious, however, that we are here on the Final Stages of this legislation which will be enacted this evening. There is no doubt about that. This amendment is a useful one for people who are property owners, particularly where that property is their primary residence. We have a situation where under a deed a receiver can be automatically appointed over a residential property without any recourse to the courts. It has the effect, although that may not be the intention, of circumventing the requirements of going to court for a repossession order. That is because the receiver's powers simply kick in on foot of a contract entered into by the two parties prior to the appointment of the receiver. Subject to what the Minister of State has to say, and as always I will listen to him carefully, my inclination at this stage is to support this amendment since the Bill is going to be enacted this evening.

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