Seanad debates

Monday, 20 July 2015

Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages

 

12:30 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I move amendment No. 2:

In page 25, to delete lines 15 to 24.

This amendment seeks to remove the temporary nature of the court review procedure. We were promised that the banks' veto would be gone. Instead we have a review of it, and only in certain circumstances. The biggest get-out clause for the banks is that this court review can only happen if the arrears were built up before 1 January. That means if I fall into arrears tomorrow the bank has a clear veto. I do not believe that matches what we were promised. The Government will argue that those who are in arrears but who had a restructured arrangement will qualify, but that is a mean approach when we consider how a family may have just avoided arrears or restructuring by prioritising a mortgage above all other costs. Such a family will find itself excluded from ever having the chance to avail of this review if things even go slightly wrong and they find themselves in arrears having just avoided a restructuring, possibly for years. I hope the Minister supports this amendment. If he does not, I fear we will be back here in six, 12 or 18 months to correct this flaw.

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