Kevin Humphreys (Dublin South East, Labour) | Oireachtas source

On behalf of the Minister for Justice and Equality, I thank the Senator for raising this important matter. The Minister regrets that she is unable to be present for the discussion.

As the Senator may be aware, the county registrar is a legal professional officer of the Circuit Court. A person appointed to the role of county registrar is highly qualified and, for example, must have practised for at least eight years as a solicitor or a barrister. The powers of the county registrar are set out in primary legislation as approved by the Oireachtas, including in the Courts and Court Officers Act 1995, as amended. Under primary legislation and court rules, county registrars are empowered to deal with many types of motion. This is intended to maximise the potential of the office, while at the same time facilitating improved efficiencies by freeing the judges of the Circuit Court to deal with the substantive aspects of proceedings. The role of the county registrar in this regard is defined and not a substitute for the constitutional role of a judge.

In regard to possession cases, in very specific circumstances, where an appearance has not been entered or an affidavit setting out a defence has not been filed and delivered, the country registrar may make an order for possession.This power to make an order for possession on foot of a registered charge or a mortgage of unregistered land in these circumstances has been given to the county registrar by primary legislation under section 34 and Schedule 2 of the Courts and Court Officers Act 1995, as amended. The procedures applicable to repossession cases in the Circuit Court are governed by rules of the court. Senator Byrne pointed that out. The county registrar, in addition to the power to make possession orders as outlined above may also make an ancillary order, such as an order of service of the Civil Bill on any other party; adjourn an action to another date; make an order enlarging the time for entry of appearance; give directions and fix time limits for the filing and delivery of any further affidavits by any party or parties; and give any other directions for the preparation of the proceedings for trials.

These proceedings must be commenced by civil bill. The Senator may wish to note that in 2014 a total of 8,164 civil bills for an order of possession were lodged in the Circuit Court. As the Senator will appreciate, if all of these cases were to heard by a member of the Judiciary it would have significant resource implications for the courts. The specific role of the county registrar in regard to possession cases provides for a speedier and more efficient administration in respect of particular aspects of court business and frees up judicial time for the hearing of the substantive matters. It can also contribute to reduced cost of proceedings.

Where an affidavit setting out a defence has been filed, the county registrar transfers the civil bill, when it is in order for hearing, to the judge's list at the first opportunity. The county registrar is not empowered to dispose of the matter in these circumstances and it must go before a judge in court. Furthermore, under section 34 of the Court and Court Officers Act 1995, all orders of a county registrar are subject to appeal to the Circuit Court. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. The Senator will be aware that this Government has put in place a number of legislative provisions regarding protection of the family home in cases where repossession of the property is being sought, most recently in section 2 of the Land and Conveyancing Law Reform Act 2013. The Government has provided an enhanced range of information and guidance services for mortgage holders, including a dedicated information website, a mortgage arrears information and advice helpline and the provision of independent financial advice for mortgage holders who are being presented with long-term mortgage resolution proposals by their lenders. This advice is provided by qualified accountants drawn from members of the main accountancy institutes in Ireland who have agreed to participate and support this independent service. I would encourage people to avail of this service, where appropriate.

I presume the Senator has encountered many people who are distressed and pressed by the bank but in many cases - I would be interested to know the Senator's view on this and the number of cases he is dealing with - people have failed to engage. Sometimes the first person they engage with is either a Senator or a Deputy. I urge people to engage with their lenders as much as possible in the first instance. I again thank the Senator for raising the issue and apologise that the Minister, Deputy Frances Fitzgerald, could not be here this morning.