Dáil Éireann Debate, Wednesday - 17 January 2024
1098. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to include provisions that compel banks to honour court orders related to property transfers and deeds, treating them as final and binding; and if she will make a statement on the matter. [1431/24]
View answer1099. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to extend the first start legislation to include separated/divorced couples seeking to re-mortgage property and providing them with the same financial benefits as first-time buyers; and if she will make a statement on the matter. [1432/24]
View answer1100. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to provide for the establishment of separate procedures for banks to review mortgage applications from separated/divorced couples with existing court orders; and if she will make a statement on the matter. [1433/24]
View answer1101. Deputy Jim O'Callaghan asked the Minister for Justice whether the Family Courts Bill 2022 can be amended to allow for the implementation of mechanisms allowing individuals to discharge mortgages directly, eliminating the need for payments through an ex-partner's account and reducing the risk of financial abuse; and if she will make a statement on the matter. [1434/24]
View answerI propose to take Questions Nos. 1098, 1099, 1100 and 1101 together.
The issues raised by the Deputy fall outside the scope of the Family Courts Bill 2022, which is currently being considered by the Oireachtas. The Bill has completed Second Stage in Seanad Éireann.
The Family Courts Bill provides for the establishment of a Family Court as divisions within the existing court structures, each Family Court division dealing with family law matters as appropriate to its jurisdiction. The Bill also provides for court jurisdiction and procedural matters which will support the new Family Courts and will support a less adversarial resolution of family justice disputes. It is not intended to provide in this Bill for substantive family law matters other than such measures as are necessary for the operation of the new Family Court divisions.
Moreover, the specific matters raised by the Deputy under PQ 1433/24 in relation to bank procedures for reviewing mortgage applications, and under PQ 1434/24 in relation to the mechanisms provided by lenders for borrowers to make payments on mortgages, are commercial matters for financial institutions and, insofar as they are amenable to legislation, matters which fall under the responsibility of my colleague the Minister for Finance.
Furthermore, PQ 1432/24 is understood to be in relation to legislation regarding the ‘Fresh Start’ scheme for Local Authority Home Loans, which fall under the responsibility of my colleague the Minister for Housing, Local Government and Heritage.
In relation to the Deputy’s question regarding the effect of court orders (PQ 1431/24), it is already the legal position that a court order is legally binding, and must be honoured, by any party to whom it is addressed. No statutory amendment is considered necessary to achieve this result: in addition, such an amendment could have the unintended consequence of creating legal uncertainty, in respect of any type of court order not expressly included in the scope of the amending legislation concerned.
