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Seanad
‹ Order of Business

IBRC mortgage sale protections

Summary

Senators welcome confirmation that purchasers of IBRC mortgages will follow the Central Bank mortgage-arrears code, protecting about 13,000 borrowers.

Go raibh maith agat, a Chathaoirligh. Conversely, we had raised the issue, and I had raised the issue, of the potential sale of the IBRC mortgages and also our concerns. In fairness, as did many people across the House, we had concerns regarding that fact that the sale was not subject to the code of conduct on mortgage arrears should any bidders from abroad be successful.

I was pleased to see last night's statement from the special liquidators that said, effectively, that the bidders for these mortgages will sign up to the code of conduct on mortgage arrears. That is a good thing and I acknowledge that. Such a scenario came about because many people, from all parties and none, raised concerns about the matter. It is important that such concerns were listened to. That is good, it is progress and it is better than it was last week. I wish to ask a further question. I understand from reports, whether correct or not, that the loans will be sold at a significant discount and those in arrears will be sold at a discount of approximately 50%. I again call for the option to be given to those mortgage holders to purchase restructured mortgages or to allow a restructure of up to the discount amount, even if it is not the full discount amount and I want parameters to be set. That means if there is a 50% discount then we should allow the mortgage holder to have a restructured mortgage at minus 30%, subject to them meeting certain conditions. If they do not meet the conditions then the deal is off. That is something we can look at.

I have met people, and people have corresponded with me, in the area where I live who have IBRC mortgages and are very concerned about the CCMA. That issue has been dealt with and I acknowledge that fact. That is good. Let us see if something else can be done prior to the sale with regard to offering those mortgage holders some type of significant restructuring of their mortgage debt.

Today heralds the start of a process for thousands of home owners, particularly on the east coast. The Pyrite Remediation Board has opened and applications for funding can be submitted by individuals to remediate their homes. This is a very significant day. I want to acknowledge, as I have done in previous debates, the work done by the Minister for the Environment, Community and Local Government and his Department in that regard. They have done a very good job.

I have been critical of aspects of the scheme and I do not think that it goes far enough. During the Committee Stage debate here, the Minister gave a commitment to report every three months and to keep the scheme on review which is a sensible approach. I have met hundreds of residents in the north Dublin area and, at least, the scheme will act as an avenue for them. They have been let down by HomeBond, in particular, and by the quarries who do not have to pay a levy towards the fund. The taxpayer is picking up the tab but the scheme is a start. I encourage all of the people who have been affected by pyrite, whether they are classed 1, 2 or 3 in terms of damage, to apply to the remediation board at pyriteboard.ie.

Last Thursday in the Customs House a briefing was given by Mr. Noel Carroll and other members of the pyrite board to interested Oireachtas Members that proved very useful. That is the way things should be done. A proper briefing means Members can inform their constituents and neighbours on how to apply for the fund. We will keep the matter under review which is important. The scheme is a good start and I acknowledge the work done by the Minister and his officials in that regard.

Comment on this

I agree with Senator Darragh O'Brien and welcome the announcement that the sale of the IBRC mortgages will be subject to the code of conduct of the Central Bank. Last week I gave responses as Deputy Leader and thank the Senator for raising the matter last week. As was announced last night, the fact that the matter was raised by so many Members of the Oireachtas from different parties, both Government and Opposition, was a factor in the decision to ensure that the sale would be subject to the code of conduct. We all very much welcome that move and it is a real relief for the 13,000 mortgage holders, in particular.

I congratulate Senator Conway and his colleagues on tabling a motion on community courts last night which was accepted by the Minister for Justice and Equality. I hope, as we all do, that we will see a community court set up in Dublin city centre, on a pilot basis, in the very near future. We had a really good debate and there was strong support for the concept across the House. It built on the work done by the Oireachtas justice committee and the National Crime Council. It is welcome to see such a scheme going forward. It was a sign of the Seanad's strength that it was here that the motion was tabled and agreed to by Government.

I wish to return to the topic that I raised yesterday, namely, the inquiry into the allegations of the Garda whistleblower. It has been confirmed that Mr. Seán Guerin, senior counsel, shall conduct a scoping into the dossier or files provided to the Minister. I welcome the move and wish to say again - and I know that the Minister for Justice and Equality is on his feet in the Dáil now saying the same thing - that we do not rule out a commission of investigation under the 2004 Act being set up subsequently, depending on what Mr. Guerin finds.

It now appears as if the dossier has been known about for some time and there have been a number of internal investigations into same. All of us should welcome the fact that an independent senior counsel will conduct a review and that it has not been ruled out that we will see a further investigation set up, if necessary. It is similar to the scoping inquiry carried out in the past by the senior counsel, Mr. Shane Murphy, which led to the establishment of the Morris tribunal and the subsequent very serious findings of Garda misconduct in Donegal.

I ask the Leader to arrange another debate on the Constitutional Convention and the inclusion of economic, social and cultural rights, particularly the right to housing. At yesterday's Cabinet meeting, the Minister of State at the Department of the Environment, Community and Local Government, Deputy Jan O'Sullivan, secured approval for a policy to end homelessness - a housing-led policy. Senator Hayden, and those of us in the Labour Party group, put forward a motion on the matter recently in the House. The Minister of State has worked on the issue for some time and it is very welcome to see the policy adopted by Cabinet yesterday.

Recently, at the Constitutional Convention, we approved the idea of a right to housing or a home being inserted into the Constitution. A huge majority supported the notion. It would transform the legal framework in which our statutory provisions on homelessness and housing are formulated. It would be very welcome to see the Government take up the recommendations and move forward with a referendum on the right to a home.

Comment on this