Thomas Byrne (Fianna Fail) | Oireachtas source

I raise the important issue of repossessions that are happening around the country. There is a huge number of repossession cases, thanks mainly to the enactment of the 2013 conveyancing Bill. It was very unfortunate legislation which I was happy to vote against. As it in place, I want to make sure it will work in some way and give some relief to those who face repossession, particularly of the family home.

Last Monday in County Meath 84 cases were listed to be heard by a very good county registrar but not a judge of the Circuit Court. I have a problem with this, but not out of disrespect for individual country registrars who are very good people. However, in a case in which a property is at risk or a family home is about to be repossesed by the bank, it strikes me as completely wrong that it will be presided over by a country registrar, not a judge. In general, the county registrar's role relates to procedural and other limited issues which are dealt with as a matter of course. The repossession of a family home is, however, a crisis, catastrophe and disaster for the family concerned.

Article 37 of the Constitution states some judicial powers can be delegated to non-judges, but it talks about the delegation of limited functions and powers, not repossession of the family home. In addition, the conveyancing Act, of which I am so critical, at the very least, requires and specifies that cases should be decided by a judge of the Circuit Court. It is completely wrong, therefore, that judges are not presiding over such cases. If a judge was present, there would be greater formality and the process might be slowed, which would be good because it would give people a chance to keep the family home, which is what we are trying to do. If a judge was to hear a case, it might slow it down and there might be more discretion. From what I can see, county registrars have very little discretion and the lists are regarded as completely routine.

What is frightening is that the people concerned, some of whom are before courts today in Dublin, were before the courts in Trim, County Meath and Dundalk, County Louth last Monday and will be in Cork next Monday, are mainly unrepresented. They are not represented by lawyers because they cannot afford them. Perhaps they are ignoring the matter because they are so scared and the issue is so traumatic for them, but they are about to lose the family home, yet this is being seen by the State as an administrative function of the courts and not treated as the catastrophe that it is. County registrars do a good job and I am in no way critical of them individually. Outside Dublin and Cork the county registrar also acts as the sheriff. That means they make an order for repossession and then, if the bank wants to do so, execute it. This is in breach of the concept of a separation of powers. We must call a halt to this practice. The Circuit Court needs to get its act together. Let us look at the legislation in place, specifically the 2009 Act which was found to be flawed and the 2013 Act which specifically mentioned a judge of the Circuit Court, as it is about time judges heard these cases and had way more discretion. There was this nonsense in the conveyancing Act of referring cases to a personal insolvency practitioner, but that is not enough because judges need to look at all circumstances of a case. There was some discretion used in one case in the High Court last week, but that was a ridiculous case which had continued for 15 years or so. The Government needs to give people a chance and state, "enough is enough; let us try to keep people in the family home; let us try to give them a solution, and let us try to stop the avalanche that is about to hit us."