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Seanad
‹ Order of Business

Mortgage arrears legislation

Summary

Senator Byrne seeks to remove the repossession Bill from the Order of Business until the revised mortgage-arrears code is debated, warning of widespread repossessions. Government Senators reject the claim, defend personal-insolvency protections and say the issue can be debated during the Bill.

I propose an amendment to the Order of Business, to delete No. 2, because so far the Leader and the Government have refused permission to allow the Seanad to discuss the revised code of conduct on mortgage arrears. In the absence of that discussion and in the absence of taking that document seriously, the repossession Bill which the Government is putting forward is an outrage. It is about time some people in Fine Gael and the Labour Party started to examine their consciences on that Bill, because it will directly allow approximately 71,000 family homes to be repossessed. We estimate the number of arrears cases to be 142,118, about half of which will be open to repossession under the code of conduct on mortgage arrears and under the Bill, which will revise the Dunne judgment.

It is interesting to note that the Dunne judgment is still before the Supreme Court and instead of legislating for that case the Government is legislating against it. We need a full debate on the code of conduct long before we come to the repossessions Bill. It is two years since the Family Home Bill, proposed by Senator Marc MacSharry and me, was introduced. At the time the Minister of State at the Department of Finance, Deputy Brian Hayes, promised that action would be taken within months but instead what we have been told is that time and again the banks have been asked what they want and have been told they will be accommodated.

That is the Government's attitude to the repossession of family homes. It is a wrong attitude, however, and will have serious consequences for families in Ireland once the House passes the measure, as presumably it will. The Government parties have not examined their conscience on the issue, so it will become law and the repossessions will start. The banks will then have what they want. That is my proposal on the Order of Business.

There is a second issue on which we need to have a debate here. Time and again, the Taoiseach has alleged in the Dáil that the file on the bank guarantee in the Department of the Taoiseach has been, and I quote him, "shredded", "disposed of" or "dispatched with". It would be important for this House to examine the Taoiseach's words and other similar allegations he has made, particularly concerning the file that does exist in his Department, and the list of documents that Fianna Fáil received from that file.

The Taoiseach says one thing, while on the other hand a freedom of information request proves that there is quite a large file in his Department. That discrepancy requires a full debate here. We need to know what the position is with the file, why the Taoiseach makes these allegations or seems to be unaware of what the position is in his Department, when the freedom of information section is able to find a complete file there on the matter. The public deserves a full debate and the House should have such a debate.

Comment on this

This is a particularly busy week with six pieces of legislation before the House. The Leader will respond to Senator Byrne's comments about the proposed amendment to the Order of Business. This afternoon, however, we will be dealing with the Land and Conveyancing Law Reform Bill, which will offer an obvious opportunity for colleagues to debate the revised code of conduct on mortgage arrears. Indeed, I am sure many people will be referring to that at length in the course of their speeches. It is not helpful to hear Fianna Fáil scare-mongering about the number of repossessions, however. It is a typical tactic to distract people from the fact that Fianna Fáil sleep-walked us into a situation where so many people are in the desperate situation of mortgage arrears.

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We stopped repossessions under our original code of conduct.

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Paddy Burke An Cathaoirleach Fine Gael

Senator Bacik without interruption.

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A particular court judgment stopped that. It was nothing to do with Fianna Fáil.

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Our code of conduct held them up before that.

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Paddy Burke An Cathaoirleach Fine Gael

Senator Bacik without interruption.

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It is deeply hypocritical of Fianna Fáil to claim some sort of ownership for stopping repossessions when, in fact, it created the situation we are currently in.

I commend the Minister for Social Protection, Deputy Joan Burton, on yesterday's initiative in introducing the JobsPlus plan to take 2,500 people off the live register through a system of incentives for employers. There are many models for this plan elsewhere. We have debated this issue here before and colleagues have spoken about the German policy whereby the car industry is subsidised through the payment of part-time wages to workers during periods of downturn in the sector. We can see that working in other countries, so it is important to introduce a similar model here. The Minister's new plan is commendable and welcome, and will offer a real boost for the long-term unemployed. I ask the Leader to arrange a debate on that plan when we come back in the autumn to see how it is working and what outcomes are being achieved.

Following further revelations from the Anglo Irish Bank tapes at the weekend, I am glad we will be debating Second Stage of the Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill tomorrow. That Bill, which is being introduced by the Minister for Public Expenditure and Reform, Deputy Howlin, will provide the opportunity that Mr. David Drumm appears to seek, namely, to answer questions in public and give an account of his actions. It would be welcome to see that being done before an Oireachtas committee of inquiry. It is all very well granting interviews to chosen interviewers, but it would be good to see an Oireachtas inquiry up and running with individuals giving evidence before it.

I also wish to ask the Leader for a debate on medical expenses. Earlier today, I attended a briefing by the Irish Society of Chartered Physiotherapists, as did many colleagues. The society put forward a strong case for a change in the law on reimbursement of medical expenses. The Department of Health is supportive of that initiative that physiotherapy should be included as a reimbursable medical expense.

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