Grace O'Sullivan (Green Party) | Oireachtas source

This morning, we heard the disturbing news that homelessness levels in Ireland have gone above 7,000 for the first time. Some 68% of this homelessness is in Dublin. As the Simon Community report published today reveals, 83% of property in the capital is now priced out of the reach of those on housing benefits such as rent supplement or the housing assistance payment. Home repossessions are continuing apace forcing more families from their homes and increasing the number of people in desperate need. Last week, my Green Party colleague, Deputy Catherine Martin, spoke in the Dáil regarding a practical measure the Government can take to stem this flow of human tragedy. She asked the Minister for Justice and Equality to clarify the situation around the recent High Court judgment delivered by Mr. Justice Max Barrett in AIB v.Counihan on 21 December 2016 which seemed to suggest that current home repossessions in Ireland could leave the Irish State in breach of European laws and lead to it being found liable. These serious concerns were also expressed recently by the Master of the High Court. Can we be assured that all people responsible in this area are fully informed of the latest legal developments and are properly trained in respect of their legal obligations under EU law? In my county of Waterford, we saw the county registrar refusing to proceed with several home repossession cases in light of this uncertainty. This Court of Justice of the European Union has held that where a consumer contract comes before a court, the court must be satisfied that none of its terms is unfair even when the consumer has not called on it to do so. As a mortgage contract is a consumer contract where the property is a home, it is vital that county registrars, who in reality deal with the majority of repossession applications, are fully aware of the implications of these decisions. The Master of the High Court is of the opinion, however, that county registrars should not be dealing with these repossessions cases at all. There is a real and justifiable concern that many repossession orders granted in the Circuit Court may be open to challenge as the EU law has not been applied. In such a scenario and leaving aside the lenders, it is the State that could conceivably be found liable. There is a potential financial risk for the State. Considering the inequality of arms between the thousands of ordinary, hard-working and decent borrowers on one side and lenders on the other with bottomless funds, will the Minister assure families that the full range of protections available to persons are being implemented? If the Master of the High Court, Mr. Edmund Honohan, is indeed correct about what is reportedly and unlawfully happening, the Government needs to take steps to place a moratorium on all such proceedings until it is satisfied that EU law is being applied consistently throughout the State. Before Christmas, we heard that the Government is to publish new legislation relating to home repossessions. Can the Leader assure me that these legal issues will be addressed in any such legislation and that this new measure will be sure to put people first in such resolutions? Could the Leader tell us when this legislation might be brought before the Seanad?