Homelessness crisis
Senator O'Sullivan highlighted rising homelessness, especially in Dublin, and said repossessions and unaffordable rents were pushing more families into hardship.
This morning we heard the disturbing news that homelessness levels in Ireland had moved above 7,000 for the first time. Homelessness in Dublin accounts for 68% of this figure. As the report of the Simon Communities of Ireland which was published today reveals, 83% of property in the capital has been priced out of the reach of those in receipt of housing benefits such as rent supplement and the housing assistance payment. Home repossessions are continuing apace, forcing more families from their homes and increasing the number of people in desperate need. Last week my Green Party colleague, Deputy Catherine Martin, spoke in the Dáil about a practical measure the Government coud take to stem this flow of human tragedy. She asked the Tánaiste and Minister for Justice and Equality to clarify the position on the recent High Court judgment delivered by Mr. Justice Max Barrett on 21 December 2016 in AIB v. Counihan which seemed to suggest home repossessions in Ireland could leave the State in breach of European laws and lead to it being found liable. These serious concerns were also expressed recently by the Master of the High Court, Mr. Edmund Honohan. Can we be assured all of the people responsible in this area are fully informed of the latest legal developments and properly trained in their legal obligations under EU law? In my county of Waterford we saw the county registrar refusing to proceed with several home repossession cases in the light of this uncertainty. The Court of Justice of the European Union has held that where a consumer contract comes before a court, the court must be satisfied that none of its terms is unfair, even when the consumer has not called on it to do so. As a mortgage contract is a consumer contract where the property is a home, it is vital that county registrars who in reality deal with the majority of repossession applications be fully aware of the implications of the decisions. The Master of the High Court is, however, of the opinion, that county registrars should not be dealing with repossession cases at all. There is a real and justifiable concern that many repossession orders granted in the Circuit Court may be open to challenge as EU law has not been applied. In such a scenario and leaving aside the lenders, it is the State that could conceivably be found to be liable. There is a potential financial risk for the State. Considering the inequality of arms between the thousands of ordinary, hard-working and decent borrowers on one side and lenders on the other with bottomless funds, will the Minister assure families the full range of protections available to persons are being implemented? If the Master of the High Court is correct about what is reportedly and unlawfully happening, the Government needs to take steps to place a moratorium on all such proceedings until it is satisfied EU law is being applied consistently throughout the State. Before Christmas, we heard that the Government was to publish new legislation on home repossessions. Will the Leader assure me that these legal issues will be addressed in any such legislation and that this new measure will be sure to put people first in such resolutions? Will he tell us when the legislation might be brought before the Seanad?