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Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: I am unsure what the solution is to this issue. I have no idea whether what I have proposed would pass the Office of the Attorney General because we do not have access to such a resource. However, I suggest the Minister would consider the issue I am raising. It relates to a situation where a family home is possessed because of bad debt in a buy-to-let scenario. We could have a situation...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: This is a completely different issue which I alluded to when we were discussing previous amendments. Basically, I want to try to put a little responsibility back on the lenders to act in a responsible way. The Minister, his officials and several of us have gone to a great deal of effort to try to get some insolvency arrangements, a mortgage arrears resolution process, MARP, and a code of...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: I thank the Minister and am somewhat comforted by his reply on section 2(3) and in particular regarding section 2(3)(d) where reference is made to the conduct of the parties to the mortgage. I thank him for that clarification. Therefore, any of the issues outlined in paragraphs (a) to (e) of section 2(3) really are about emphasis because the headline-----

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: Right, they are about emphasis and the opening paragraph, which states the court can consider anything it deems appropriate covers everything. Therefore, I presume the reason that paragraphs (a) to (e) have been included is for emphasis to back it up. Consequently, this is all a question of legal emphasis. I am not a lawyer but I presume that is the reason these provisions were included,...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: The Minister will have to share that with us. I have forgotten what it says.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: That is great for the PIA but this legislation comes after the PIA.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: I know. I understand that they are linked but this is the repossession legislation. This is what will come into play when the personal insolvency arrangement has not worked. One would hope that by the time a bank and a home owner are in court for repossession, they have already tried to look at a PIA. It is great it is in that legislation for that eventuality, but it is not in this Bill...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: I would not say satisfied.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Stephen Donnelly: I move amendment No. 5: In page 4, between lines 39 and 40, to insert the following:“(f) the adherence of the mortgagee to the Code of Conduct on Mortgage Arrears; (g) evidence that the mortgagee has refused to accept a reasonable proposal to restructure the debt, such that the family home would not be repossessed; (h) whether an appeal by the mortgagor was initiated, and the rigour...

Written Answers — Department of Environment, Community and Local Government: Water and Sewerage Schemes Status (23 May 2013)

Stephen Donnelly: 133. To ask the Minister for Environment, Community and Local Government if residents are entitled to apply for a core facility wastewater treatment plant to be fully taken in charge, should the majority of householders in the area support an application to do so, as laid out in the 2008 circular letter PD 1/08 guidelines for implementation of section 180 of the Planning and Development Act...

Written Answers — Department of Environment, Community and Local Government: Water and Sewerage Schemes Status (23 May 2013)

Stephen Donnelly: 134. To ask the Minister for Environment, Community and Local Government the position regarding the Garden Village, Newtownmountkennedy sewerage scheme, County Wicklow, works outlined in the Water Services Investment Programme 2010-2012; the proposed dates for commencement and completion; and if he will make a statement on the matter. [24904/13]

Written Answers — Department of Environment, Community and Local Government: Water Supply (28 May 2013)

Stephen Donnelly: 459. To ask the Minister for Environment, Community and Local Government with regard to the algae in Dubin City Council's water filtration system which is leaving some areas of North Wicklow without water (details supplied) the steps his Department will take to ensure a speedy resolution; the projected timeline for the resolution of the problem; the interim measures that can be taken to...

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: On a point of order-----

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: It is on the same issue.

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: I appreciate that.

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: I am not filibustering.

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: I have a point to raise on the same lines as Deputy Healy.

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: I have a point of order.

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: I tabled four of the six amendments ruled out of order. I sought clarification.

Financial Emergency Measures in the Public Interest Bill 2013: Committee Stage (29 May 2013)

Stephen Donnelly: In future, particularly when there is little time between finding an amendment has been ruled out of order and the Dáil debate, I ask to be given a rationale for ruling amendments out of order. I had to make several telephone calls-----

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