Written answers

Wednesday, 21 October 2009

Department of Justice, Equality and Law Reform

House Repossessions

9:00 pm

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 216: To ask the Minister for Justice, Equality and Law Reform if he is satisfied that the law is flexible enough to allow persons who have their homes repossessed in the course of the current economic climate to continue to be eligible to raise loans, own property or become a director of a company; his views on whether there is a need for a more modern legislative framework in this area; and if he will make a statement on the matter. [37665/09]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Government policy in relation to protection of the family home from repossession is reflected in the statutory Code of Conduct on Mortgage Arrears and the agreed protocol between the Irish Bankers Federation and the Money Advice and Budgeting Service on debt default. Legislation in relation to the Code and bank law in general is the responsibility of the Department of Finance. The law in relation to directors of companies is the responsibility of the Department of Enterprise, Trade and Employment.

In so far as my Department is concerned with jurisdiction of the courts in relation to repossessions, policy is reflected in the recently-enacted Land and Conveyancing Law Reform Act 2009 which gives the Circuit Court exclusive jurisdiction where cases in relation to the family home are concerned. The aim is to facilitate those who may be facing repossession proceedings in such cases to enter a defence and to reduce the costs involved. The Deputy may be assured that my Department will continue to keep the law for which it is responsible under review.

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