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Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Sitting suspended at 7.55 p.m. and resumed at 8 p.m.

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Donnchadh Ó Laoghaire: On one hand, the Minister of State has said that it is not clear that this is going to affect many people but on the other hand, he states that it will be a drain on the resources of the courts. Which is it? If it is going to place further demands on the Courts Service and if that means the difference between a case being heard, a case involving people in danger of losing their home or a...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Michael Fitzmaurice: I compliment the Minister of State, Deputy Moran, on bringing this Bill forward. We spoke about it many times, but in fairness to him, he got it through the back corridors, through Committee Stage and so on, fairly quickly, and I compliment him on that. Deputy O'Callaghan, in fairness to him, is trained in looking at this type of legislation while many of us are not. Everybody puts down...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Pearse Doherty: I want to come in on this issue because my colleague, Deputy Ó Laoghaire, is raising an important issue. I am raising the matter with the insight drawn from my No Consent, No Sale Bill, which is receiving scrutiny at the Select Committee on Finance, Public Expenditure and Reform, and Taoiseach. The purpose of that Bill is to prevent banks from selling loans to vultures without the...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Jim O'Callaghan: I reckon everyone here shares the same objective. What happens when a court comes to consider the new section 2A of the 2013 Act? The legislation, as drafted at present, seems fairly clear to me. The proposed section 2A(1) states: "This section applies to proceedings brought by a mortgagee seeking an order for possession of land to which the mortgage relates and which land is land to which...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Regina Doherty: I wish to take this opportunity to commend the driving force behind this Bill, namely, my colleague, the Minister of State at the Department of Public Expenditure and Reform, Deputy Boxer Moran. In fairness to him, he has built his political career by being in tune with and responsive to the people he serves in his communities. I agree wholeheartedly with the Bill. Repossession of...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Eamon Scanlon: I want to comment briefly. I am glad that the amendment is not going to be supported by my party. If this was passed then the Bill would have to go back to the Seanad and we would be looking at next October or November before this Bill could be brought back into the Dáil. I compliment the Minister of State for the great deal of work that he has done on this legislation. We will do...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Donnchadh Ó Laoghaire: ...No. 3:In page 3, to delete lines 19 to 21 and substitute the following:“ “2A.(1) This section applies to any proceedings brought by a mortgagee, irrespective of when the mortgage was created, seeking an order for possession of land to which the mortgage relates and which land is land to which section 2 applies—”. This amendment, which was previously discussed at...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Jim O'Callaghan: 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...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Seán Sherlock: ...speak in support of the amendment. I acknowledge the work of FLAC on this and its submission on the Bill. With the permission of the Leas-Cheann Comhairle, I will refer to its submission. It states the issue of the appointment of receivers to properties that are the principal private residence of the borrower has become contentious in recent months, particularly in light of the...