Brian O'Shea (Waterford, Labour)
Link to this: Individually | In context

Question 716: To ask the Minister for Justice, Equality and Law Reform the action he proposes to take to protect mortgage holders in arrears (details supplied); and if he will make a statement on the matter. [38285/09]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

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.

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 in proceedings in relation to housing loan mortgages. 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. This area of civil law will continue to be kept under review by my Department.

The Government is of course aware of the Law Reform Commission's recently published Consultation Paper on Debt Management and Debt Enforcement. This will also be the theme of the Commission's Annual Conference to be held later this month. The Commission is at present giving priority to producing a Final Report which will contain definitive recommendations for reform.