Written answers

Wednesday, 24 January 2018

Department of Justice and Equality

Courts Service

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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96. To ask the Tánaiste and Minister for Justice and Equality his views on complaints made to the European Commission in relation to a systematic problem in the application of EU law on the the Unfair Contract Terms Directive in mortgage possession proceedings in Irish courts; and if he will make a statement on the matter. [3600/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy will be aware, the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and in the management and conduct of cases which come before them.

I wish to confirm to the Deputy that this matter was raised with the Irish Government by the EU Commission last year and a delegation met with the Commission in Brussels in September 2017 comprising a number of Government Departments, including my own, to explain the position as regards the implementation of the provisions of the Directive in the context of actions for possession in the Irish Courts. This meeting was followed by a detailed submission to the Commission in November 2017.

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