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Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: I will ask for one representative from each Department to answer their own views on something given their knowledge of the area. I refer to a comment made by the Master of the High Court in connection with a case taken by constituents of mine in relation to to property going into receivership. The Master was quoted as saying: "I have sympathy for the view that the unaccountable receivership...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: No, it related to a mortgage on a property.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: That goes to the crux of the problem. Many people have told me that receivers are unaccountable, unregulated, require no licence, can run up fees and are running up fees because the longer they are there, the more they benefit, even though under the Land and Conveyancing Law Reform Act they are supposed to be acting as an agent for the borrower. There are State institutions such as NAMA...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: The problem is that somebody has lost possession of or access to their property and there is no body to which they can complain. There is no overarching regulatory body regulating receivers. This was touched upon earlier in reference to qualifications. Required qualifications for examiners and liquidators are set out in sections 519 and 633 of the 2014 Act, but no qualification whatsoever...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: I wish to speak on this. Ms Curley wanted to correct a misunderstanding and stated that the Company Law Reform Group, CLRG, had not been dealing with the issue of receivers. That is fine. I have been raising this case since 2015. In 2016, we got an answer from the then Minister regarding the issue of receivers. She wrote:However, the 2014 Act does not specify any regulatory standards for...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: I am not looking to catch people out in their evidence, but I am astounded. I searched for the answer to check that I was correct. There have been numerous references on the floor of the Dáil to the non-regulation of receivers. Along with other Deputies who had raised the issue, that reply left me with the clear message that this work was ongoing. We can talk about this or that...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: Mr. McKenna said it "is being dealt with". We will not move on from that. I will give Mr. McKenna an example. A receiver appointed in the dead of night goes in to change the locks on a premises. The premises is a public house somewhere in the State. The individual who was operating it was renting the premises from a landlord and was meeting his or her payments on a monthly basis. The...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: Yes.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: The receiver is the only one who can do it. If Mr. McKenna was running a public house in Kilkenny, he would be the licensee. If Mr. Carroll appointed me as the receiver, I could not go in and run that public house. I would have no licence to trade. The receiver is closing the business. Are there any protections? I am at somewhat of a loss as I came in here thinking the questions were...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Governance and Regulation of Receivers: Discussion (18 Oct 2018)

Pearse Doherty: I appreciate what Mr. McKenna said at the end. A consultation by the Department will provide a lot of evidence to suggest that there are huge gaps and that there needs to be tighter regulation and an easier pathway for people to fulfil their rights under law, whether that is the 1881 Act or the 2009 Act. If it is a financial institution we do not force everybody to go to the High Court. We...

Written Answers — Department of Employment Affairs and Social Protection: Partial Capacity Benefit Scheme Applications (18 Oct 2018)

Pearse Doherty: 312. To ask the Minister for Employment Affairs and Social Protection when an application for a partial capacity benefit will be processed in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [42766/18]

Written Answers — Department of Employment Affairs and Social Protection: Illness Benefit Applications (18 Oct 2018)

Pearse Doherty: 313. To ask the Minister for Employment Affairs and Social Protection when an application for an illness benefit will be processed in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [42768/18]

Saincheisteanna Tráthúla - Topical Issue Debate: DEIS Status (17 Oct 2018)

Pearse Doherty: That is not true.

Saincheisteanna Tráthúla - Topical Issue Debate: DEIS Status (17 Oct 2018)

Pearse Doherty: It was the educational attainment of the pupils that ruled them out.

Saincheisteanna Tráthúla - Topical Issue Debate: DEIS Status (17 Oct 2018)

Pearse Doherty: This is new information, which the House has not been given previously. We were told something very different, namely, that there would be an update of all schools using the 2016 census data. The Department is still using the 2011 census data, which is already seven years out of date. As I said, all of these areas have become more disadvantaged, according to the HP deprivation index. The...

Saincheisteanna Tráthúla - Topical Issue Debate: DEIS Status (17 Oct 2018)

Pearse Doherty: I placed this matter on the agenda for debate because it is an important issue for schools in my and the Leas-Cheann Comhairle's county of Donegal and one with which the Minister for Education and Skills is familiar. It was the first opportunity for the Minister, Deputy McHugh, to address the house in his ministerial capacity, and I must say that I am disappointed that he has not shown up....

Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation (17 Oct 2018)

Pearse Doherty: That money is for next winter, not this winter.

Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation (17 Oct 2018)

Pearse Doherty: The trolley crisis has continually escalated under the tenure of Deputy Harris as Minister for Health. Last year we saw the largest number of patients on trolleys in the history of the State, at almost 100,000. This year's trajectory is going the same way. As winter approaches, the number is beginning to rise. Yesterday 542 citizens were lying on trolleys in hospital wards and accident and...

Ceisteanna ó Cheannairí - Leaders' Questions (17 Oct 2018)

Pearse Doherty: Every day that passes we are nearer to the end of the Brexit negotiations. I do not need to remind the Minister of the importance of this and of what is at stake at the heart of these negotiations. In December last year the British Government signed up to an agreement that included the provision of a backstop aimed at avoiding a hard border on the island of Ireland and that would safeguard...

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