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Dáil Éireann debate -
Tuesday, 6 May 1980

Vol. 320 No. 5

Ceisteanna—Questions. Oral Answers. - House Purchase Loans.

25.

andMr. T.J. Fitzpatrick (Cavan-Monaghan) asked the Minister for the Environment if he will facilitate the granting of house purchase loans to persons on reaching 18 years of age in view of the many complications and disadvantages of the present system, if he has recently had correspondence from Dublin Corporation and Dublin City Council in this respect and if so, the nature of his reply.

An amendment of the law to enable persons to avail of local authority house purchase loans at 18 years of age is a matter for the Minister for Justice. I understand that the question is under consideration by the Law Reform Commission who will be making recommendations.

On 11 April I received correspondence from Dublin Corporation on the subject. The matters raised by the corporation are being examined and a reply will issue shortly.

Has the Minister any information, particularly of a statistical nature, on the number of cases or the hardship caused by this situation existing at present? For example, a husband aged 23 or 24 and his wife aged 20 find themselves in extraordinary difficulty, having obtained bridging finance on the promise of a loan which now is not forthcoming. Will he do whatever he can to bring this nonsense to an end?

I would like to be helpful but the Deputy will understand that the legal position here is that with a person under 21 years there is no legal agreement and any legal adviser who would advise any person under 21 to get a loan and see afterwards that it would stand up would be very foolish. This is a matter for another Department and the Deputy can be assured that I will bring it to their notice.

Is the Minister aware that during Committee Stage of the Housing (Miscellaneous Provisions) Bill this matter was discussed in some detail? If my memory serves me right, the Minister about ten months ago undertook to have some communication with the Law Reform Commission to try to speed up the reform of the law on majority. Does his brief contain any information in relation to any correspondence there may have been between the Minister's Department and that of the Minister for Justice?

In the earlier part of my reply to the question I stated that the Law Reform Commission will be making recommendations on it. How, I do not know, because it will be a matter for the Department of Justice and the Minister for Justice.

Have the Department of the Environment made any direct recommendations to the Minister for Justice or the Department of Justice or directly to the Law Reform Commission on this matter over the last year?

That is a separate question.

It arises directly.

Many things would arise which would not be relevant.

(Cavan-Monaghan): Has the Minister considered the possibility of treating a house for a married infant, that is a person under 21 years of age, as a necessity? Would he agree that if it were treated as a necessity, which it is, then a person under 21 years of age could legally enter into a contract to purchase a house and would be bound by it?

I agree it is a necessity but we must have legal agreement under the law of the land. Deputy Fitzpatrick knows more about the law than I and perhaps more than anybody else in the House. If we allocate a house and the allocation does not stand up in court my Department are asked why they did it.

The time is up.

(Cavan-Monaghan): That is why I am asking the question.

The remaining questions will appear on tomorrow's Order Paper. We will take the Private Notice Question now.

I assure the Deputy that I would like to——

On a point of order.

(Cavan-Monaghan): If the house is a necessity as the Minister says, then an infant may legally enter into a contract to purchase it and is bound by it. Will the Minister investigate that aspect? If the Minister does so he will find that a change in the law is not necessary at all.

I will look into the matter.

On a point of order. The Ceann Comhairle will be aware that for the last week or so the clocks in the House have been running three to four minutes fast. The Chair has one clock in front of him, the clerk has two other clocks showing different times from each other and from the clock in the House and Question Time is not due to end for another three or four minutes.

(Interruptions.)

Order, please. I would point out that we started by the clock in front of me and we will close by it.

(Interruptions.)

I am informed by officials of the House that the clocks are running wrong and as a result they have installed these clocks especially. The Dáil has been called into session early and people were prevented from completing their speeches, on one occasion at least.

I will inquire about any discrepancy in the times but I am going by the clock in front of me for the time being.

Which of the four clocks in front of the Chair?

What is the purpose of the clock on the Ceann Comhairle's desk?

It is there in case one breaks down.

(Interruptions.)

Question Time is over and we have two Private Notice Questions.

Does the Minister accept, regardless of the legalities of the present arrangement, that the basic position is fundamentally nonsensical where a couple are allowed to enter into a contract of marriage but are debarred if the spouse is under 21 years of age——

This is argument.

——from being able to buy out the house jointly?

That is a question for another Minister.

The Deputy is in a different ball game altogether.

(Interruptions.)

This is a legal matter not a marriage matter and it is a matter for the Department of Justice.

Will the Minister of State write to the Law Reform Commission?

Order, please. I am calling on Deputy Boland to read his Private Notice Question.

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