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Vol. 229 Tuesday, No. 13 18 February 2014 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 18/02/2014A00100Business of Seanad 837 18/02/2014C00200Order of Business 838 18/02/2014R00100Road Traffic (No 2) Bill 2013: Report and Final Stages 849 18/02/2014FF00100Free Speech, Homophobia and the role of the State Broadcaster: Motion [Private Members] 862 18/02/2014PP01100Adjournment Matters 884 18/02/2014PP01200Home-makers Scheme 884 18/02/2014QQ00250Departmental Agencies Funding 885 18/02/2014RR00400Data Protection 888 SEANAD ÉIREANN Dé Máirt, 18 Feabhra 2014 Tuesday, 18 February 2014 Chuaigh an Cathaoirleach i gceannas ar 1430 pm Machnamh agus Paidir. Reflection and Prayer. 18/02/2014A00100Business of Seanad 18/02/2014A00200An Cathaoirleach: I welcome a former Minister of State to the Public Gallery, Mr Austin Currie I have notice from Senator Colm Burke that, on the motion for the Adjournment of the House today, he proposes to raise the following matter: The need for the Minister for Children and Youth Affairs to clarify the situation in respect of Irish people adopting children from India, in particular when the Department is likely to approve and give recognition to an agency in Ireland to deal with these applications I have also received notice from Senator Catherine Noone of the following matter: To ask the Minister for the Environment, Community and Local Government if, given its importance to the retail and social revitalisation of Laois, his Department plans to assist in the development of Rathdowney shopping centre and sites like it around the country with a rates discount I have also received notice from Senator Marie Moloney of the following matter: The need for the Minister for Social Protection to examine the possibility of having homemaker’s credits awarded to women who gave up work to rear their children prior to 1994 I have also received notice from Senator Jillian van Turnhout of the following matter: The need for the Minister for the Environment, Community and Local Government to outline the total funding allocated to the scheme to support national organisations in 2013 in light of the recently announced 12% cut to funding for the first half of 2014 and the new scheme to come into effect in July 2014 and if he will outline the total funding to the scheme in 2014 and the justification for the disproportionate cut 837 Seanad Éireann I have also received notice from Senator Lorraine Higgins of the following matter: The need for the Minister for Arts, Heritage and the Gaeltacht to review the restrictions imposed by the EU habitats directive on the carrying out of essential works on the Rivers Shannon, Dunkellen, Clune and other rivers in the south Galway area to reduce the impact of flooding on property owners and farmers I have also received notice from Senator Deirdre Clune of the following matter: The need for the Minister for Justice and Equality to outline the steps he is taking to ensure the personal data of individuals is protected following the recent revelations that per- sonal data from leaky smartphone applications can be gathered by surveillance operations I have also received notice from Senator Fidelma Healy Eames of the following matter: The need for the Minister for Finance to ensure that Irish home owners are given first re- fusal and a window of time to buy back their mortgages from banks selling their loan books and, failing this, to ensure any foreign purchasers of Irish mortgages conform to the Central Bank’s code of conduct for mortgages I regard the matters raised by Senators Clune, Higgins, Moloney and Van Turnhout as suit- able for discussion on the Adjournment and they will be taken at the conclusion of business The other Senators may give notice on another day of the matters they wish to raise 18/02/2014C00200Order of Business 18/02/2014C00300Senator Ivana Bacik: The Order of Business is No 1, Road Traffic (No 2) Bill 2013 - Report and Final Stages, to be taken at 345 pm and to conclude not later than 530 pm, if not previously concluded; and No 47, motion 8, to be taken at 530 pm and to conclude not later than 7 pm, with the contribution of the proposing Senator not to exceed ten minutes, the contributions of the seconder and all other Senators not to exceed six minutes, and a Minister or Minister of State to be called upon to reply to the debate not later than 645 pm 18/02/2014C00400Senator Darragh O’Brien: Perhaps the Deputy Leader would update me on progress in relation to my request that the Minister for Finance, Deputy Noonan, come to the House for a debate on what the Government has termed “the local property tax”, none of which tax col- lected in 2014 will go to the local authorities It is important we have this debate and that the Minister, Deputy Noonan, would explain why this is the case The legislation introducing the proposed statutory code of practice in respect of fair pricing for the horticultural and dairy sector has been on the A list for five different sessions As every- body knows, people in the horticultural and dairy sectors are being squeezed by the multiples and supermarkets In Britain, there is a statutory code of practice to ensure fair pricing as much as possible for this industry I wonder why the Minister of State, Deputy Tom Hayes, informed a group in north Dublin recently that the Minister, Deputy Bruton, was preparing legislation in relation to a code of conduct for this area when the relevant legislation has been listed on the A list five times but has not yet come before either House I would welcome if the Deputy Leader could follow up on the matter and inform the Whip that we are ready to initiate the Bill here 838 18 February 2014 I would also welcome the Government’s view on the sale of 13,000 mortgages by former Irish Nationwide which are held by the former IBRC and its view on the statement by the Minister for Finance, Deputy Noonan, that should these mortgages be sold to an entity outside this State, which is more than likely, they will be covered by the diluted code of conduct of mortgage arrears, even though it is insufficient following the changes made to it last year I have been contacted by a number of people who are very concerned about who will purchase this mortgage book and, if it is purchased outside this State, whether they will be covered by the code of conduct on mortgage arrears The statement by the Minister that he would expect that such purchaser would follow due procedure is wholly insufficient I remind members that this loan book of former Irish Nationwide contains a high number of residential mortgages in arrears, the holders of which need the protection of what remains of the code of conduct on mortgage arrears I am particularly interested in hearing at what discount it is proposed to sell this loan book If it is proposed to sell it at a 50% discount, which I am hearing is about correct for those mortgages in arrears, why has IBRC or the entity that was IBRC not offered discounts and restructuring on these mortgages? The Government is going to sell these to a vulture fund at a 50% discount Would it not be preferable to offer the mortgagees, those who hold the mort- gages, a discount to restructure those mortgages instead of the State selling off a loan book to try to make profit for the State? The Government is leaving these people in hock and without any protection should it be sold to any entity outside the State I take it that AIB and Bank of Ireland will not buy this loan book Who will buy it? Why has the Government not instructed IBRC to restructure these mortgages properly if they are to be sold at 50% of their value? This is a really serious issue Some 13,000 mortgage holders will be sold down the river by the Government Has the Department of Finance looked at restructuring these mortgages and asked IBRC to give these people a discount of 40%? In- stead it will be sold off to venture capitalists and other mortgage companies This will result in a higher proportion of mortgage arrears not covered under the code of conduct for mortgage arrears An institution buying the loan book at a discount of 50% can repossess a house and if it gets 60% of the loan value, it will make a profit The issue deserves a specific debate in this House Deputy Michael McGrath has introduced legislation into the Dáil----- 18/02/2014D00200An Cathaoirleach: The Senator is way over time 18/02/2014D00300Senator Darragh O’Brien: -----to ensure these people are at the very least covered by the code of conduct on mortgage arrears It is a very serious issue and needs to be addressed Anyone who cares about those who are in mortgage difficulties would support me in calling on the Government to instruct IBRC not to proceed with this sale and offer those discounts to the people in mortgage arrears 18/02/2014D00400Senator Paul Coghlan: I believe Senator Darragh O’Brien is a little loose with language in that we all know that IBRC is in liquidation 18/02/2014D00500Senator Darragh O’Brien: I know that 18/02/2014D00600Senator Paul Coghlan: These matters are not matters for