Mortgage Arrears Resolution (Family Home) Bill 2017: Second Stage (Resumed) [Private Members]

The following motion was moved by Deputy Michael McGrath on 12 July 2017: "That the Bill be now read a Second Time."
Debate resumed on amendment No. 1:
To delete all words after “That” and substitute the following:
“Dáil Éireann:
(a) noting the significant concerns with the Mortgage Arrears Resolution (Family Home) Bill 2017 in respect of its compatibility with the Constitution of Ireland, but acknowledging the positive intentions behind the Bill;
(b) acknowledging the importance of addressing the difficulties faced by distressed borrowers in mortgage arrears and the high priority that Government attaches to this issue;
(c) noting the range of measures already put in place by Government, both up to 2016 and under A Programme for a Partnership Government, to support and assist financially distressed borrowers in mortgage arrears on their homes, with a view to keeping people in their homes and avoiding repossessions as far as possible;
(d) noting the welcome substantial and continuing decrease - as shown in the latest Central Bank of Ireland statistics - in the overall number of home mortgage accounts in arrears, the very significant number of home mortgage restructures now in place, and the very high proportion of home mortgages which are meeting the terms of their restructure;
(e) noting also the welcome significant and ongoing reductions, both in the issue of new civil bills seeking possession on foot of home mortgage arrears and in the numbers of repossession orders made by the courts, and the continuing and substantial increase in repossession proceedings struck out or discontinued;
(f) noting the existence of the personal insolvency arrangement, provided under the Personal Insolvency Acts, as the primary formal mechanism to facilitate the negotiated resolution between debtors and creditors of both unsecured and secured (including mortgage) debt;
(g) noting that the personal insolvency arrangement is designed, as far as possible, to permit the debtor to continue to reside in his or her principal private residence, while resolving their debts in a holistic manner and returning the debtor to solvency;
(h) noting that under changes introduced by the Personal Insolvency (Amendment) Act 2015, a borrower whose reasonable proposal for a personal insolvency arrangement - which includes his or her home mortgage arrears - is refused by the mortgage lender or other creditors can now seek an independent review of that refusal by the courts, which have power, subject to certain conditions, to impose the rejected proposal, thus ending the so-called bank veto;
(i) noting the introduction of free independent financial and legal advice and assistance, for insolvent borrowers in home mortgage arrears, as part of a range of supports available through the Money Advice & Budgeting Service, MABS, under the Government’s Abhaile mortgage arrears resolution service, and the high level of take-up by distressed borrowers of the various supports provided under Abhaile;
(j) noting the public consultation already completed on personal insolvency legislation, and the ongoing review of the insolvency system, to be completed this year under A Programme for a Partnership Government commitments on mortgage arrears;
(k) noting the further measures already in train under the Government's Action Plan on Housing and Homelessness, including recent and continuing changes to the mortgate-to-rent scheme to extend its availability, particularly for borrowers in rural areas; and
(l) noting the other relevant measures which have been put in place to protect principal private residences of those in mortgage arrears; and
declines to give the Bill a Second Reading.”
- (Minister for Justice and Equality)

I must now deal with a postponed division relating to Second Stage of the Mortgage Arrears Resolution (Family Home) Bill 2017, which took place on Wednesday, 12 July 2017. On the question, "That the amendment to the motion be made", a division was claimed, and in accordance with Standing Order 70(2), that division must be taken now.

Amendment put:
The Dáil divided: Tá, 49; Níl, 84; Staon, 0.

  • Bailey, Maria.
  • Barrett, Seán.
  • Breen, Pat.
  • Brophy, Colm.
  • Bruton, Richard.
  • Burke, Peter.
  • Byrne, Catherine.
  • Canney, Seán.
  • Cannon, Ciarán.
  • Carey, Joe.
  • Corcoran Kennedy, Marcella.
  • D'Arcy, Michael.
  • Daly, Jim.
  • Deering, Pat.
  • Doherty, Regina.
  • Donohoe, Paschal.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Fitzgerald, Frances.
  • Fitzpatrick, Peter.
  • Flanagan, Charles.
  • Griffin, Brendan.
  • Harris, Simon.
  • Heydon, Martin.
  • Humphreys, Heather.
  • Kehoe, Paul.
  • Kyne, Seán.
  • Lowry, Michael.
  • McEntee, Helen.
  • McHugh, Joe.
  • McLoughlin, Tony.
  • Madigan, Josepha.
  • Mitchell O'Connor, Mary.
  • Moran, Kevin Boxer.
  • Murphy, Dara.
  • Murphy, Eoghan.
  • Naughten, Denis.
  • Naughton, Hildegarde.
  • Neville, Tom.
  • Noonan, Michael.
  • O'Connell, Kate.
  • O'Donovan, Patrick.
  • O'Dowd, Fergus.
  • Ring, Michael.
  • Rock, Noel.
  • Ross, Shane.
  • Stanton, David.
  • Zappone, Katherine.


  • Aylward, Bobby.
  • Barry, Mick.
  • Boyd Barrett, Richard.
  • Brady, John.
  • Brassil, John.
  • Breathnach, Declan.
  • Broughan, Thomas P.
  • Browne, James.
  • Buckley, Pat.
  • Burton, Joan.
  • Butler, Mary.
  • Byrne, Thomas.
  • Cahill, Jackie.
  • Calleary, Dara.
  • Casey, Pat.
  • Cassells, Shane.
  • Chambers, Jack.
  • Chambers, Lisa.
  • Collins, Joan.
  • Collins, Michael.
  • Collins, Niall.
  • Connolly, Catherine.
  • Coppinger, Ruth.
  • Cowen, Barry.
  • Crowe, Seán.
  • Cullinane, David.
  • Daly, Clare.
  • Doherty, Pearse.
  • Donnelly, Stephen S.
  • Dooley, Timmy.
  • Ellis, Dessie.
  • Fitzmaurice, Michael.
  • Fleming, Sean.
  • Gallagher, Pat The Cope.
  • Harty, Michael.
  • Haughey, Seán.
  • Healy, Seamus.
  • Howlin, Brendan.
  • Kelly, Alan.
  • Kenny, Gino.
  • Lahart, John.
  • Lawless, James.
  • MacSharry, Marc.
  • McConalogue, Charlie.
  • McGrath, Mattie.
  • McGrath, Michael.
  • McGuinness, John.
  • Martin, Catherine.
  • Martin, Micheál.
  • Mitchell, Denise.
  • Moynihan, Aindrias.
  • Munster, Imelda.
  • Murphy O'Mahony, Margaret.
  • Murphy, Catherine.
  • Murphy, Eugene.
  • Murphy, Paul.
  • Nolan, Carol.
  • Ó Broin, Eoin.
  • Ó Caoláin, Caoimhghín.
  • Ó Cuív, Éamon.
  • Ó Laoghaire, Donnchadh.
  • Ó Snodaigh, Aengus.
  • O'Brien, Darragh.
  • O'Callaghan, Jim.
  • O'Keeffe, Kevin.
  • O'Loughlin, Fiona.
  • O'Reilly, Louise.
  • O'Rourke, Frank.
  • O'Sullivan, Jan.
  • O'Sullivan, Maureen.
  • Penrose, Willie.
  • Quinlivan, Maurice.
  • Rabbitte, Anne.
  • Ryan, Brendan.
  • Ryan, Eamon.
  • Scanlon, Eamon.
  • Sherlock, Sean.
  • Shortall, Róisín.
  • Smith, Brendan.
  • Smith, Bríd.
  • Smyth, Niamh.
  • Stanley, Brian.
  • Tóibín, Peadar.
  • Troy, Robert.


Tellers: Tá, Deputies Joe McHugh and Tony McLoughlin; Níl, Deputies Michael McGrath and John Lahart.
Amendment declared lost.
Question, "That the Bill be now read a Second Time", put and declared carried.