I wish to address the issue of mortgage arrears, particularly family homes in danger of imminent repossession and legal actions pertaining to same. The scale of the problem is still enormous. Over 118,000 family homes are in arrears and about 37,400 family homes have been in arrears for more than two years. The latter group of family homes is in imminent danger of repossession because we have witnessed since the beginning of 2015 a wave of repossession applications and court actions across the country. Every Deputy could relate their own court system in their area. In Cork alone this week another 100 cases, between yesterday and tomorrow, are listed. Some 208 cases are listed for Limerick on Friday alone. That is just to name two examples. Up to 8,000 cases were in the courts last year, 2014. It seems that the banks have become emboldened by the property price increases. The value of the houses is going up, so they can now get back all of their exposure. They are prioritising that issue over sustainable solutions for families. We have all met families in which both parents are working, some in State jobs, yet which are being pursued in terms of the house being repossessed, with no real engagement on the part of the banks regarding sustainable options, through split mortgages, debt for equity swaps or other solutions.

My colleague, Deputy Michael McGrath, has put forward the Family Home Mortgage Settlement Arrangement Bill to be debated in Private Members' time tonight and tomorrow night.

It would utilise the existing personal insolvency structure and personal insolvency practitioners to deal with the issue in a sustainable way. Last month, the Taoiseach stated he was not happy at the way in which the banks were ignoring personal insolvency practitioners in mortgage cases. I put it to him that, all along, the Government's policy has been to give the banks a veto to dictate the pace, shape and nature of arrangements. It is time to call a halt to that policy as it has not worked. The personal insolvency framework has been woefully underutilised in only 199 cases. Of these, we do not know how many were related to family mortgages, yet 118,000 families are in arrears. We are being constructive in utilising the existing structures with a view to diluting the banks' veto and ensuring personal insolvency practitioners can bring sustainable solutions to the court, which could make orders to give them a chance to work. It is time to end the banks' veto. The Government's policies have not worked.

The first thing is that there is certainly no harm in talking about these issues.

We have been talking about them for four years.

What has been put forward by Deputy Micheál Martin's party is not a solution because it would refer all of these cases to a court of law. The fact of the matter is that the solution about which Fianna Fáil is talking in its Bill would not actually deal with the 37,000 cases in which there has been no engagement with the banks at all. In the vast majority there has not been any engagement. Fianna Fáil's intention is to impose a solution from its perspective that actually would be unconstitutional. It wants all of these cases sent to court-----

How could it be unconstitutional? Every excuse is being made.

-----and a decision to be made by the Circuit Court.

Insolvency judges. The Taoiseach is misleading the House.

If Deputy Micheál Martin makes an assumption that there will be a free for all in terms of write-downs-----

That is nonsense.

-----it is tantamount to saying to people they should not have to make their repayments at all.

Nonsense.

Who said "free for all"?

I assume that is not what Deputy Micheál Martin is on about. The reason the Government has had to restructure the banks and the Government had to set up the personal insolvency agency was the carry on in previous years. We went through that issue on a number of occasions. It is true to say headway and progress are being made. Since the personal insolvency agency has been set up, it is disappointing I suppose that not as many cases have gone through as one might have expected, but it is also encouraging to see that since this happened, the banks are engaging to a far greater extent.

Says who?

They pretend to.

The number of cases in arrears for in excess of 90 days has fallen by over 17,500 accounts when compared with the figure for 2014. In each of these cases it means that a borrower and a lender were able to sit down with the personal insolvency agency and whatever other practitioners were operating to work out a solution that would give them a sense of security and certainty in their situation. In August 2013 there were 2,500 split mortgages put in place. There are now 20,500.

That is a joke.

That shows the extent of the solutions reached when there is engagement between the borrower and whoever is the lender. During the same period, for Deputy Micheál Martin's information, the number of permanent restructures for family homes by the six main banks increased from 41,000 to 91,000. That is 50,000 family homes in respect of which agreement was reached on a sustainable solution for the future to give them a degree of certainty, but I admit we are not seeing the same progress being made in the most difficult cases - those in arrears for more than two years. The Bill being put forward by Deputy Michael McGrath does not deal with these people. I admit, of course, that it is right and proper to talk about these issues-----

Who gave the banks a veto?

-----but the Minister for Justice and Equality is in the process of finalising an engagement following a meeting we had with the personnel involved which she will bring forward shortly. The review of insolvency legislation covers bankruptcy where the banks have no veto, as well as insolvency. It has included discussions and engagement with the official assignee, the PIPs, FLAC, MABS and the Irish Mortgage Holders Organisation. The Minister is going to bring it forward very shortly-----

Another review.

-----because we need to be in a situation where, at the end of the day, only the very smallest number of cases - I want to see no house lost - cannot have solutions worked out for them.

Those in mortgage arrears should not have to go bankrupt. We do not want to go there, but that is what the Taoiseach is suggesting.

Correct.

The Taoiseach has a wonderful use of language. He stated, "it is disappointing I suppose..."

"Is mise an múinteoir."

I remember when the personal insolvency Bill was produced. The then Minister, Deputy Alan Shatter, and the Taoiseach claimed that it was historic and would do wonderful things. There have been 199 settlements. Of these, we do not know how many relate to family mortgages. There are more than 118,000 people in arrears. The Taoiseach says there is no harm in talking about the issue. In the name of God, of course, there is not. What kind of ridiculous assertion is that? The issue is very serious and I invite the Taoiseach to visit some of the courts to see the length of the lists.

The Deputy forgets the state Fianna Fáil left the country.

Last week a couple approached me. They were both working in State jobs, with the potential for reasonable longevity.

Did the Deputy tell them about how Fianna Fáil had let them down?

I admit they were at the lower end of the income scale-----

A question, please.

-----but they were at the end of their tether because of their engagement with the bank, not the other way around. I hated the Taoiseach's assertion last week and the implication - I hope he is not doing it again today - that somehow it was all the fault of the person who held the mortgage.

He is.

That is ridiculous. It is Fianna Fáil's fault.

I hear time and again that people with mortgages are anxious to have sustainable solutions, but there is no engagement from the other side. The fundamental problem is that, as many people know, the banks hold all of the cards. They have a veto.

The full deck, including the joker.

That is the fundamental problem and why, in some instances, they may not be engaging.

I am sorry, but will the Deputy put his question?

It is time to end the veto in a reasonable and balanced way. We are conscious of issues that flow from this, but the Bill that will be debated this evening is balanced. The Taoiseach should show good grace. The former Minister, Deputy Alan Shatter - I read his speeches on Second and Committee Stages before I came to Leinster House today - said the Government would not be slow in refining the legislation if the banks proved to be lacking in terms of constructive engagement and so on. It is time to act on the commitments given when the original legislation was debated in the House. The Government should give our legislation a fair hearing, take it on board on Second Stage and allow it to be worked through on Committee Stage if Dáil reform is to mean anything and the Government has a genuine commitment to engaging on issues.

We have gone way over time.

I am not talking about there being no harm in talking about this matter. I want real engagement on the substance of the points raised in the legislation that will be before the House this evening if this Parliament is to mean anything and be relevant to the hundreds of cases going through courts across the country weekly.

Of course, the Deputy does.

But the Taoiseach does not.

The reason we have had to do all of this is the mess Fianna Fáil left behind.

Change the record.

Loss of memory.

The truth hurts.

The Government keeps going back to it. The electorate will love it for it.

Fianna Fáil's solution, in fairness to it, is to put forward a proposition that is unconstitutional.

Explain that statement.

Fianna Fáil wants all of these cases to be transferred into the Circuit Court to deal with the issue of debt. That is what it wants to do.

We want to find solutions.

What I am saying to the Deputy is that Fianna Fáil's Private Members' Bill does not deal with the most difficult cases in which there has been no engagement between banks and borrowers. That is where the solution needs to be found.

The banks refuse to talk; that is why.

I have pointed to the 50,000 cases that have been restructured to the satisfaction of both the borrower and the lender. This gives certainty and clarity in the time ahead.

One-way traffic.

I say to Deputy Micheál Martin also that in 2014 there were 448 bankruptcy adjudications, of which 95% were sought by the debtors. Nobody wants to see a family home being lost, which is why it is important that the banks which know who the 37,000 are should inform them of the availability of the personal insolvency agency. The former Minister, Deputy Alan Shatter, worked exceptionally hard to put it in place. The people involved need that solution.

It is not being utilised.

Let us hope it will be used more in the time ahead.

I am sorry, but we are over time.

The Taoiseach stated he was not happy. He brought them in for a chat, the time for which has come to an end.

Will Deputies, please, recognise the Chair?

The Minister is completing the review. She will bring it here after having all of the discussions.

We are four minutes over time.

It will be constitutional, unlike what Fianna Fáil is proposing.

It is unfair to others, including the Technical Group which comes last, when Deputies go over the time consistently. I am told that it is cut off on television, which is unfair to the Technical Group, in particular, Deputy Gerry Adams and others who are trying to stick to their time limits. Will Deputies, please, stick to their time limits? They are well known at this stage after four years.