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Dáil Éireann Vol. 814 Wednesday, No. 3 25 September 2013. DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 25/09/2013A00100Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 25/09/2013F05100Double Taxation Relief (Taxes on Income and Capital Gains) (Ukraine) Order 2013: Motion � � � � � � � � � � � � 19 25/09/2013F05400Exchange of Information Relating to Taxes and Tax Matters (Dominica) Order 2013: Motion� � � � � � � � � � � � 20 25/09/2013G00100Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013: Second Stage � � � � � � 20 25/09/2013S00400Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 47 25/09/2013U00050Taxi Regulation Bill 2012: Message from Select Committee � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 48 25/09/2013U00125Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 48 25/09/2013U00150Priority Questions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 48 25/09/2013U00175Personal Insolvency Practitioners � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 48 25/09/2013V00150Garda Síochána Ombudsman Commission Issues � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 50 25/09/2013V00750Prison Drug Treatment Services � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 52 25/09/2013W00800Garda Recruitment � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 56 25/09/2013X01100Penalty Points System � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 58 25/09/2013Y01600Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 62 25/09/2013Y01650Irish Prison Service� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 62 25/09/2013Z01200North-South Co-operation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 64 25/09/2013AA00550Organised Crime � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 66 25/09/2013BB00250Magdalen Laundries Report � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 68 25/09/2013CC00650Topical Issue Debate � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 25/09/2013CC00700VAT Rate Reductions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 25/09/2013EE00150Local Authority Housing Issues � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 75 25/09/2013FF00250Syrian Conflict� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 78 25/09/2013GG00600Ambulance Service Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 81 25/09/2013HH00500Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013: Second Stage (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 84 25/09/2013RR00300Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013 [Seanad]: Referral to Select Committee � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 101 25/09/2013RR00600Fines (Payment and Recovery) Bill 2013: Order for Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 101 25/09/2013RR01000Fines (Payment and Recovery) Bill 2013: Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 101 25/09/2013ZZ00500Cuts in Education: Motion (Resumed) [Private Members]� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 119 DÁIL ÉIREANN Dé Céadaoin, 25 Meán Fómhair 2013 Wednesday, 25 September 2013 Chuaigh an Ceann Comhairle i gceannas ar 10�30 a�m� Paidir. Prayer. 25/09/2013A00100Leaders’ Questions 25/09/2013A00200Deputy Micheál Martin: On 7 March last the Taoiseach stated: “I want to make it clear that the taking of houses from people is something we do not want to see and the banks them- selves would see it only as a last resort�” Today’s edition of the Irish Examiner contains a heart-rending story about a couple in Kanturk, Martin and Claire O’Sullivan, who have three children under eight years of age and who are facing eviction from their home, the mortgage relating to which is approximately €180,000� They took out their mortgage with Smart Mort- gages and their monthly repayments in respect of it are €1,000� Unfortunately, Martin, who is the sole earner, became unemployed and they are not in a position to meet their repayments� The couple have offered to make repayments of €400 per month, but this has been rejected by the mortgage company, which sent them a letter stating that the sheriff will be coming to evict them from their home� By any standards, this is a shocking story and what has happened flies in the face of the kind of reassurances we were given in the House and elsewhere that this type of thing would not oc- cur� Despite the change in the law, which has made it easier for banks to repossess properties, and the dilution of the code of conduct, which has essentially put them in the driving seat, it was stated that every effort and intervention would be made to prevent people from losing their family homes� The family in question have appealed to the Taoiseach to intervene� They are not alone. We know from the most recent CSO figures that 97,800 private residential mortgages have been in arrears for more than 90 days� Standing aside or remaining out of the fray will not help the families to whom I refer� There are options available� The intervention of State agencies is essential to help these families� I request that the Taoiseach appoint someone from his Department to ensure the Government and its agencies intervene in this case and provide a sustainable solution� I also request that all options be explored to prevent this couple and their three children from being evicted from their home� 25/09/2013A00300The Taoiseach: I have seen some reports of the case to which Deputy Martin refers� While I do not want to discuss the details of any particular case, the situation stands as we have already 2 25 September 2013 said� House repossessions should be a very last resort� As the Deputy is aware, the Government provided a range of options for consideration in cases where persons are in mortgage distress� I understand exactly what the Deputy has said in respect of this particular couple� One of the mechanisms included in the relevant legislation by the Government is specifically designed to deal with cases where a situation such as that under discussion might arise� I refer to the right of a judge to put a legal stay on matters surrounding the repossession of a house until all options have been explored� That right applies in this case� I do not know what evidence or suggestions were presented or made in the court in this instance. There is a specific right included in the legislation whereby, in circumstances in which all options have not been explored, a legal stay on the repossession of a house can be put in place� That is why the opportunity should be made available in this particular case for a practitioner to consider the options available, the offers that were made by the couple involved on behalf of themselves and their children and the fact that the man is back in full employment� That would lead to a situation where all the options would be properly explored and followed through� No repossession would take place until that happened� The services of and options provided by the personal insolvency agency can be used in this instance and there is obviously also a consequence in that regard� I do not have in my possession the details of the court case to date. In the context of specific cases of this nature, however, a right was included in the relevant legislation for a stay to be placed on prosecution and execution until all the options can be explored� I feel for this man, his wife and their children� I am not sure whether they or their advisers have engaged with the process of having a practitioner consider the matter or whether they have applied to the court to have that right applied to them� As stated, the Government has made it perfectly clear that the repossession of houses should be a very last resort� The couple involved are obviously not the owners of multiple properties and this matter relates to their family home� 25/09/2013A00400Deputy Micheál Martin: The problem I have with
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