Michael McDowell (Dublin South East, Progressive Democrats)

Government amendments Nos. 40 to 42, inclusive, deal with the issues tabled in amendment No. 38. I do not favour allowing ex parte applications. The section deals with cases where the mortgagee has reasonable grounds for believing the mortgaged property has been abandoned but that may not be the case. To allow ex parte applications means they could be open to abuse and that would not be in the public interest. However, as an alternative to permitting ex parte applications, amendment No. 41 provides that the court will be allowed to make an order "notwithstanding that the mortgagor dissents or does not appear". It makes clear that the non-appearance of the mortgagor is not fatal to the making of a court order. It is as good as we can do to compromise on this.