Written answers

Wednesday, 24 February 2021

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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211. To ask the Minister for Finance if his attention has been drawn to a proposed loan sale by a bank (details supplied); and if he will take steps to ensure that those home loans within this proposal that were the subject of an agreed sale previously to an organisation will be excluded from the sale in order that the holders of these loans can retain their security of tenure in their homes while transferring to a mortgage-to-rent option. [10223/21]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As the Deputy is aware, as Minister for Finance I have no role in the day to day operations of any bank operating within the State including banks in which the State has a shareholding. I am precluded from intervening on behalf of any individual customer in any particular bank. Decisions in relation to commercial matters are the sole responsibility of the board and management of the banks, which must be run on an independent and commercial basis. The independence of banks in which the state has a shareholding is protected by Relationship Frameworks which are legally binding documents that cannot be changed unilaterally. These frameworks, which are publicly available, were insisted upon by the European Commission to protect competition in the Irish market

Non-performing exposures (NPEs) remain at an elevated level across the European banking system and addressing this issue is one of the key priorities for the European banking supervisor. In Ireland significant progress has been made across the banking sector in reducing the level of NPEs since the financial crisis mainly through loan by loan restructuring in addition to a number of loan disposals.

Despite this progress, the level of NPEs in the Irish system remains well above the European average and some time ago the supervisory authority tasked the management and board of each institution with developing and implementing a strategy to address this challenge. The banks have no choice but to respond.

You will recall that in 2018 my Department brought forward legislation to ensure that the contractual rights and obligations of a customer are not altered by the sale of a loan and customers will continue to benefit from, and fall under the scope of applicable regulations, whether with their bank or a 3rd party servicing entity. In this regard - the Consumer Protection (Regulation of Credit Servicing Firms) Act ensures that relevant borrowers whose loans are sold are afforded the regulatory protections they had prior to the sale. All of the customer's rights under their existing terms and conditions will remain in place post transfer.

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