Press Statement from Independent Alliance
The Independent Alliance is on the side of borrowers who are in mortgage distress and their proposed legislation in the area offers the best long-term solution to keeping people in their homes.
The fast-tracking of legislation to keep people in their homes remains a priority of the Independent Alliance.
Government has prioritised legislation in the current Dail term regarding keeping people in their homes and the Alliance has said the major component of Minister of State Moran’s private members bill, Keeping People in their Homes 2017 has been transposed into a proposed amending Bill to the Land and Conveyancing Reform Act 2013, entitled Courts & Land Conveyancing (Amendment) Bill.
The Heads of the Bill are currently being drafted and the Independent Alliance believes it must remain a major priority of Government to ensure it is enacted without delay.
Minister Moran said: “The number of mortgage accounts on Principal Dwelling Houses in arrears over 90 days remains at a shockingly high level of 50,688.
Minister Moran added: “The Government Bill aims to provide protection to home owners facing repossession and provides clarity to Irish courts on examining the proportionality of granting or executing possession orders on people’s homes.
“The Bill will allow courts to consider the circumstances and impact of home loss on dependents and children in the household. This means that courts can take into consideration the whole household’s circumstances and the impact that granting, adjourning, varying, postponing or executing an order for possession of a home would have on their lives.
Minister Shane Ross added: “It provides a common sense and legal based solution that can help us meet the Independent Alliance’s commitment in the Programme of Partnership which states that we want to keep families in their homes and to avoid repossessions.
“The loss of a home can be one of the most serious breaches of the right to respect for the home. The Independent Alliance firmly believes that throwing families out of their homes is not the answer.”
“The European Central Bank, who appear to be dictating to Irish banks on the issue, must be reminded that where EU law is involved, the Fundamental Charter of Human Rights is engaged. The ECB must realise its democratic responsibility to the citizens of the EU and be held accountability to the ideals of the Union.”
Minister McGrath explained: “This Bill will enable Courts to consider the effect of the loss of a home on all the household members, in particular the impact on their physical and mental health. Courts will be able to examine any alternative arrangements that could prevent home loss; the effect of the loss of a home on children; those with disabilities or the availability of suitable alternative accommodation that will allow the household to live together. In addition, the Courts can consider the cost to the State of providing emergency accommodation and support services to the household in the event of home loss.
“It means that when there is a choice between several appropriate measures to achieve the objectives legitimately pursued by legislation, then the court must adopt the least onerous one, and the disadvantages caused must not be disproportionate to the aims pursued.”
Priority Legislation for Publication
Spring/Summer Session 2018
Title of Bill
Purpose of Bill
Date Pre-Legislative Scrutiny (PLS) took place / Expected Date of Pre-Legislative Scrutiny
|Courts & Land Conveyancing (Amendment) Bill
|To provide for matters relating to mortgage repossession proceedings and related court matters. This Bill will also contain provisions related to those proposed in the ‘Keeping people in their Homes’ Private Members Bill
|Heads in preparation