asked the Minister for Local Government whether the Dublin County Council has ever determined not to grant Small Dwellings Acquisition Act loans to persons unless such persons have three years' residence in Dublin County immediately preceding their application for loans; if so, the date of such decision, by whom it was made, and the statutory authority for same; and why, if it is a valid condition, the council has not referred to it in its published list of conditions of qualification for a loan on a previously occupied house.
Ceisteanna—Questions. Oral Answers. - Qualification for Housing Loans.
12.
I am informed by the housing authority that it was determined by the county council several years ago not to grant loans on previously occupied houses to applicants who had not three years' residence in the city or county immediately preceding the date of application. They say that the date of the decision is not available, and that the authority for the requirement is the council's right as mortgagee to lend its money on such conditions not prohibited by the governing statute as it sees fit and, in particular, its right and responsibility to give consideration to persons long settled in the county or, alternatively, in the adjoining city area. I also understand that the council's published list of conditions indicates a requirement of three years' county or city residence, that it does not expressly state that this residence must immediately precede the application, but that this was the ordinary interpretation of the condition. However, the council holds it is free to relax this aspect of the residence requirement if such relaxation is desirable on the facts of a particular case and recently where the matter became material in such a case, the council was prepared to waive the condition.
Is the Minister aware that in fact for many years the council did not apply this rule of unknown date in any case and that it is only recently that it has been invoked to deprive legitimate applicants for these loans apparently because the money is not available? Further is he aware, from the reasons now being advanced, it now appears from disclosures in this House that the council are unable to say who the authority is for this prohibition which is apparently being used by officials without the knowledge of the council?
The Deputy is entirely wrong when he says that this is of only recent vintage. It has been there for a number of years and these are matters which the council, or any council for that matter, lending the money, would be entitled to include in their conditions for making the loan. As well as that, I also remember that this same council introduced something that does not obtain elsewhere, or at least if it does there are only a few cases, and that was in connection with the amount of the ground rent. While I must say that I personally did not agree with that, and do not agree with it now, at the same time it was regarded as a matter which was within the rights of the lender, to make this as a condition. That was of a like nature.
Would the Minister use his good offices to ensure that it is a published condition rather than have a situation which has developed in which people applying for loans—particularly in one case which I have in mind —are informed almost five months after their original application that because the three years had not immediately preceded the date of their application, their application could not be entertained? There was the case of a boy who was born and reared in County Dublin, who then lived in Dublin for ten years and then, two years ago, emigrated to England. Now, he is disqualified, five months after his application was made.
According to my information, that particular case would not seem to be covered by the regulation as I have been given it. It seemed to imply that the residence qualification was in respect of the county and in the adjoining city area.
Yes. This boy was born in Dublin County, lived there for something like six or eight years and then lived in Ballyfermot for ten years. He emigrated for a couple of years and now he has been told that he cannot get a loan from Dublin County Council because he was not in Dublin for two years.
Could the Minister give from his brief the total number of applicants who have been refused loans because of failing to fulfil the residence qualification in the county?
I am afraid I could not give that offhand. If that information was required, I would have to get it.
Would the Minister personally agree with this three years' residence qualification in the county?
Personally I do not agree with it.