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Dáil
‹ Order of Business

Family-home repossession legislation

Summary

Deputy McNamara asks whether proposed legislation will prevent unreasonable repossessions and protect homeowners restructuring loans. The Taoiseach says legislation will clarify banks’ existing rights after the insolvency service is established.

When will legislation be introduced to give courts discretion to refuse to permit banks to repossess family homes when the banks in question have unreasonably refused offers-----

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Seán Barrett An Ceann Comhairle Fine Gael

To which legislation is the Deputy referring?

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I am referring to the promise to introduce legislation in the latest update of the memorandum of understanding with the troika.

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The Deputy should not mind such promises.

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Seán Barrett An Ceann Comhairle Fine Gael

To which Bill is he referring?

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Paragraph 33 of the memorandum of understanding provides-----

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Seán Barrett An Ceann Comhairle Fine Gael

I do not have the memorandum of understanding.

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-----that the authorities will introduce legislation remedying the issues identified by case law in the 2009 Land and Conveyancing Law Reform Act, so as to remove unintended constraints on banks to realise the value of loan collateral under certain circumstances. In other words, a promise has been made to legislate for the repossession of family homes.

Comment on this
Enda Kenny The Taoiseach Fine Gael

This will be done after the insolvency service has been set up arising from the Dunne case. Appropriate legislation will be put in place that will recognise a right the banks have always enjoyed when contracts for lending are set out. It will be done after the first insolvency service has been set up to provide clarity in respect of something that is already in existence.

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It will provide for evictions.

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Will the legislation provide rights for owners of family homes who are trying to restructure their loans?

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Seán Barrett An Ceann Comhairle Fine Gael

We are not having a discussion on the matter.

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Coming from Mayo, the Taoiseach will know all about evictions.

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