Michael D'Arcy (Fine Gael) | Oireachtas source

The issue is not that difficult to deal with. The law is quite clear on how to repossess property. The only person who has the legal authority to enter a person's property is a representative of the county sheriff, following a court order, and following a second order, that order has to be implemented and then the county sheriff has the legal right to enter a person's property. The difficulty is that the banks say they are operating within the law. That is an interpretation of the law. Our role is to change the law and that can be easily done.

There are three items that can be put in place either by ministerial order or a simple Private Members' Bill, to which we can all be party. First, a representative of the county sheriff must be present on every occasion when property is being repossessed. Second, it must be done by appointment and, third, it must be done during working hours. No more should people have to jump out of their beds, believing somebody is breaking into their property and stealing property that belongs to them. It is easy to stand up and parade everybody but I would like to see an all-party motion come from the Seanad. Too often we say the House is irrelevant. Let us be relevant on this issue. I am sure, with the Leader's consent, that with whoever is next up for Private Members' business we could draft a simple Bill if this cannot be done by ministerial order. That would end the practice of the banks issuing a statement to the effect that they are acting within the law. If we change the law, we have a result for the people of the country.