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Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Central Bank of Ireland (30 Apr 2014)

Aideen Hayden: On a point of information-----

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Central Bank of Ireland (30 Apr 2014)

Aideen Hayden: What the Governor has outlined is not a valid legal interpretation of the law. I will write to him about it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Central Bank of Ireland (30 Apr 2014)

Aideen Hayden: I thank the Governor for the clarification earlier on what defines a sustainable mortgage, as well as the clarification on interest-only arrangements being a sustainable solution in the longer term. Many older couples who are in positive equity are deeply concerned at the way the whole situation with positive equity mortgages is going. I am keen to raise several issues which have not come...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: It is a policy matter for the Oireachtas but it is the job of the Insolvency Service of Ireland to advise the Oireachtas on the basis of its experience.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: I agree with Mr. O'Connor on that issue. Another issue that arose was the assignee's role in respect of joint tenancies. Effectively what he said is that a joint tenancy in a bankruptcy situation is severed and the bankrupt's portion rests with the assignee and bankruptcy. I am wondering what can be done in terms of legal change. An area about which I am very concerned is the position of...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: One can legislate to amend the terms of any contract.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: My point is that one can be absolved of one's ownership but not of one's debt. That is the bottom line. It is illogical to sever a joint tenancy of a property to give a half portion and still not sever the mortgage as well to separate the liability in respect of the mortgage. I take that as an answer. I am just putting my comments on the record. I think it is entirely unfair to the other...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: Can Mr. Lehane address the issue? Do we need to look at our insolvency legislation to consider the position of marital and or relationship breakdown? Does the current legislation adequately cover that issue?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: And what about the personal insolvency arrangement situation? Is that adequately covered?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: What is the position where there is a non-co-operating party and a joint family home?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: My experience is that the non-co-operating partner is, in fact, preventing the co-operating partner from reaching agreement. On that point, who can avail of the services of the ISI? My understanding is that if one is determined to be a non-co-operating borrower, and I am speaking in terms of PIAs, one cannot access the services of the ISI. Is that correct?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: It seems very strange that a statutory body, such as the Insolvency Service of Ireland, providing a solution set down in law by the Oireachtas can deem a person ineligible for its services. I have seen situations where a person has been deemed a non-co-operative borrower for not replying to a letter or where an estranged spouse has not given a financial statement and the other party has been...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: I take it that Mr. O'Connor will keep this matter under review.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: The ISI acknowledges that uptake of the process has been slow since it opened its doors to applications in September. I am pleased to see the ISI acknowledges in the report that it will take more steps to publicise the options available to distressed debtors. It is important to recognise that there is particular disappointment about the PIA. This is particularly true given that we have...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: What is the number of PIAs?

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: That could be from four cases to 12.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: I will return to bankruptcy. I am concerned that people who have the money and the capacity can go across the Border or over the sea and have themselves discharged within a 12-month period. It is not fair to people who do not have the capacity. Given that more liberal bankruptcy laws are pushing creditors towards making arrangements, why not take that step and level the playing field in...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Mortgage Arrears Resolution Process (Resumed): Insolvency Service of Ireland (30 Apr 2014)

Aideen Hayden: Mr. O'Connor says that the Personal Insolvency Act balances the interests of debtors and creditors where creditors are dealing with secured debt. I do not agree, because it is not a level playing field. Many of the criticisms of the legislation, such as criticism by FLAC about the bank veto, have proven to be correct. Mr. O'Connor said that some of these players would come to the table in...

Seanad: An Update on Situation in Ukraine: Statements (17 Apr 2014)

Aideen Hayden: I welcome the Minister of State to the House. In terms of the history of Crimea-Ukraine, mention has been made of 1914. However, I would like to mention 1853 when ostensibly the religious rights of citizens in the Holy Land, as it was then known, provoked a war within the Crimea between Russia, Britain and France and the former Ottoman Empire. Apparently the aim of the war was to prevent...

Seanad: Order of Business (17 Apr 2014)

Aideen Hayden: Objection. It is outrageous to suggest any political party has gerrymandered constituency boundaries.

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