Martin Heydon (Kildare South, Fine Gael)
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I thank the Minister of State for being in attendance to discuss this issue. There always have been and, unfortunately, always will be repossessions of houses, land and property, and it is a dreadful vista for any individual or family, but it happens only at the end of a lengthy process. It is a dreadful experience for others living nearby. Leaving aside the rights or wrongs of individual repossession cases, I am concerned about the protocols or guidelines for dealing with such issues.

Last week, an ongoing case in south Kildare came to a head when receivers acting on a court order attempted to take possession of land at three o'clock in the morning. It is reported that men wearing hoods with dogs were there. Neighbours stated that land was trespassed on and great intimidation took place as the situation escalated. I do not know if those in the hoods with dogs were the receivers or the protestors, but the activity took place in the middle of the night, and land belonging third parties, who had no truck with what was going on, was crossed. Elderly people living alone were subjected to the sight of these strangers going around the area. My concern in this instance is primarily for neighbouring residents and landowners who have no involvement with either the receivers or the landowner against whom the order was made. This was always likely to be a flashpoint, because protestors were present and receivers were moving in.

In the event that a receiver is in possession of a court order, the only role of the Garda Síochána is to keep the peace, but surely the view of the Garda Síochána should have to be taken on board by the receiver if it decides on a course of action? What guidelines or protocols, other than those to do with keeping the peace, exist for the Garda Síochána to ensure that those innocent people who live nearby are not put at risk and that their property is not interfered with? Does the Garda Síochána have any say or role if receivers decide to move on a property in the middle of the night? What protocols exist for receivers? If the court order does not stipulate how the order is to be enforced, is there a limit to the level of force that can be used? If the only role of the Garda Síochána is to keep the peace, and gardaí cannot stop receivers acting at certain times in a certain manner that may inflame a situation, we are asking the Garda Síochána to play referee between two factions with their hands tied behind their back. This is a dreadful situation. We must learn from it and ensure such events do not happen in Castledermot or elsewhere.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I thank the Deputies for raising this matter. I am speaking on behalf of the Minister for Justice and Equality, who regrets she is unable to be present for the debate due to other official commitments. I will bring the views of the Deputies to her attention.

Without wanting to comment on the specific circumstances of any particular case, the Minister is very much aware of the strain that can arise for individuals and their families when their personal or business finances become distressed. In these circumstances, repossession of a home or other property inevitably brings those pressures to a head. As public representatives, we have all engaged with people struggling in these circumstances, and it is undoubtedly one of the most tangible legacies of the national economic mismanagement which this Government has been grappling with.

This Government has put in place a broad strategy to address the problem of mortgage arrears and family home repossessions. This included an extensive suite of interventions designed to address the problem, including specific Central Bank targets for the banks through the mortgage arrears resolution targets, MART. In addition, the Code of Conduct on Mortgage Arrears produced by the Central Bank sets out how mortgage lenders must treat borrowers in, or facing, mortgage arrears. We have also seen the extensive recasting of the personal insolvency legislation, including the establishment of the Insolvency Service of Ireland and the introduction of the personal insolvency agreement model. In addition, we have enhanced the provision of advice through initiatives led by Department of Social Protection. Furthermore, the mortgage to rent scheme has been put in place to assist borrowers who are in an unsustainable mortgage position in remaining in their homes through the involvement of social housing agencies.

I call attention to the review of the insolvency legislation announced as part of the statement of Government priorities. This involved consultations with all the relevant stakeholders and has been completed by the Department of Justice and Equality. Work is currently under way across Government Departments to develop a comprehensive and effective response to help those trapped in unsustainable debt to arrive at sustainable solutions. That work is expected to conclude shortly, and the Government's action plan in this area will be announced.

The Minister is conscious of the painful situations that have arisen for families and farm and business owners, a number of which have been raised specifically with her as Minister. As these cases are matters that have been, or are, before the courts, it would not be appropriate for her to comment on their specifics.

In response to the issues raised by the Deputies concerning the need for Garda guidelines on repossessions, it is important to be clear about the role and functions of members of the Garda Síochána in these circumstances. The proceedings that give rise to repossessions are first and foremost civil proceedings in which the Garda Síochána is not a party. There may be situations in which the Garda Síochána becomes aware, or is notified, that a property is to be the subject of enforcement proceedings on foot of a court order. In those circumstances, it is an operational matter for Garda Síochána management to assess whether a Garda Síochána presence is advisable so as to prevent any risk of a breach of the peace. Preserving public order is an essential function of the Garda Síochána, whether in circumstances relating to repossession or otherwise.

Where the Garda Síochána attends in those circumstances, it is equally important to be clear that it does not have a role in the repossession process itself, unless specific actions are directed by the court, and is not in a position to act as an arbiter in the proceedings. There may be confusion on this point in the public mind, but this is the legal position and the Garda Síochána is clear about this when present in such circumstances. Issues of difference or difficulty concerning the enforcement of the order are matters for the parties to resolve before the courts.

Where a breach of the peace occurs, there are of course provisions in public order and other legislation that may apply. Similarly, where an individual has concerns that a criminal action may be have been committed by any person in the course of such proceedings, this is a matter that the Garda Síochána will investigate. Furthermore, if a person feels he or she has grounds for complaint about the actions of a member of An Garda Síochána in this or any other matter, it can be pursued through a complaint to the Garda Síochána Ombudsman Commission.

The Minister has no function with regard to persons appointed to execute courts orders who are operating under the aegis of the courts.

In conclusion, the Minister underlines that, as a matter of general Government policy, the effective management of the mortgage arrears challenges remains under continuous review. More and concerted action can be undertaken by the banks to assist customers in arrears. As the Taoiseach has previously announced, the Government is considering a range of options to support the existing framework and to improve the uptake of personal insolvency solutions.

Mattie McGrath (Tipperary South, Independent)
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Yes. Hear, hear.

Mattie McGrath (Tipperary South, Independent)
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Hear, hear.

Mattie McGrath (Tipperary South, Independent)
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She knows.

Mattie McGrath (Tipperary South, Independent)
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Business hours. Hear, hear.

Martin Heydon (Kildare South, Fine Gael)
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Repossessions should not be carried out in the dead of night. Such activity just leads to a risk of a flashpoint, which has a direct impact on innocent local communities. No personal landowner should be subjected to hooded men moving around their property with dogs in the dead of night in the name of our courts. We must ensure there are no repeat instances of what happened in Kildare last week. There must be very clear guidelines for the Garda, beyond keeping the peace. Keeping the peace is not enough of a role for our gardaí. In some ways we are asking them to referee a situation with one hand tied behind their back. Clear protocols must be put in place for receivers as to how they carry out their orders.

Mattie McGrath (Tipperary South, Independent)
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Hear, hear.

Martin Heydon (Kildare South, Fine Gael)
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If there are deficiencies there, we need to look at our court system. If our courts are just issuing orders with no description of how the order is to be carried out, we are allowing receivers or private security firms to act with impunity with the full weight of a High Court order behind them. They can say they can do what they like because they have a High Court order. Perhaps we need our judicial system to be more prescriptive about how the orders are carried out. The situation of people carrying on in the middle of the night, terrorising the whole community - people who have no part in the issue - is not acceptable and cannot continue.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I appreciate that the Deputies accept the role of the Garda in these circumstances. They have outlined to me a situation in which 30 or more individuals dressed in dark clothing moved across a rural community in the dead of night. This appears to be an unacceptable situation, to say the very least. The Deputies' points are well made. They are very reasonable. Such a scenario, if it were to be repeated, would naturally cause concern, not just in that community but also in other communities. People need to know where the law lies in this regard. I will make a personal commitment to the Deputies to pass on the seriousness of the Deputies' feelings on this matter, to outline the circumstances they have described and to ensure the Minister responds to them in due course.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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On a point of order, the Ceann Comhairle suggested that we should complain if a Minister comes to the House and does not address the topic raised. This is not this Minister's fault, but the question raised by Deputies Wall and Heydon has not been addressed. We are not talking about the Garda but about a private company which came in the dead of night. We are asking that such actions be carried out only during normal working hours. We ask for a commitment that the Minister of State will ensure that.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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I can read the Topical Issue for the Deputy if he wants.

Brian Walsh (Galway West, Independent)
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The Topical Issue very clearly relates to the Garda.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Did the Minister of State not hear what the Deputies said?

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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The Minister, in whose place I am here, was asked to respond regarding "Garda guidelines in relation to house, land or property repossessions". The second Topical Issue, as outlined, was on "the need for updated Garda guidelines in relation to house, land or property repossessions". The Minister and I, on her behalf, are responding to an issue raised regarding the Garda.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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The Minister of State has not responded-----

Brian Walsh (Galway West, Independent)
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He has.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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He has not.

Brian Walsh (Galway West, Independent)
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He has. The Topical Issue is very clear and the Minister of State has responded accordingly.

Mattie McGrath (Tipperary South, Independent)
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On a point of order, I support what the Deputies have said. I have spoken with the superintendent and the housewife. The housewife asked for the court order that night.

Brian Walsh (Galway West, Independent)
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That is not a point of order.

Mattie McGrath (Tipperary South, Independent)
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The bean an tí. They had no court order, or would not produce it.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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It is outrageous.