Written answers

Wednesday, 15 April 2015

Department of Finance

Mortgage Arrears Proposals

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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173. To ask the Minister for Finance if a review of the Central Bank of Ireland's Code of Conduct on Mortgage Arrears will take place (details supplied); and if he will make a statement on the matter. [14757/15]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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178. To ask the Minister for Finance if he will review the Central Bank of Irelands Code of Conduct on Mortgage Arrears in order to ensure that it is legally binding and procedurally fair to borrowers, and that vulture funds, currently unregulated here, are covered by it. [14790/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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I propose to take Questions Nos. 173 and 178 together.

The Central Bank's Code of Conduct on Mortgage Arrears applies to entities regulated by the Central Bank and does not apply to unregulated funds. It is my intention to ensure that borrowers whose loans are sold by a regulated entity to a currently unregulated entity maintain the same protections as they had prior to the sale.

The Consumer Protection (Regulation of Credit Servicing Firms) Bill 2015 will require entities dealing with the consumer to be authorised by the Central Bank and subject to its Codes of Conduct. Dealing with the consumer is credit servicing and the definition of credit servicing is broad. Owners of loan books who deal directly with consumers, that is, who are servicing their own loan books, will be regulated. Otherwise they can have the loan book serviced by a regulated credit servicing firm. The Bill was published in January and second stage of the Bill was taken in the Dáil on 4 February. Since then, my officials have been in contact with the Central Bank and with the Office of the Attorney General to further progress the legislation. The Bill will continue its progress through the legislative process and I look forward to further discussion of the Bill at Committee Stage.

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