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Dáil Éireann díospóireacht -
Thursday, 4 Dec 2008

Vol. 669 No. 4

Adjournment Debate.

Financial Services Regulation.

I thank the Ceann Comhairle for affording me the opportunity to raise this important matter, namely, the need for the Minister for Finance to establish a mortgage rescue scheme to minimise the number of mortgage repossessions, which is a potentially major cause of homelessness.

The current economic climate and the persistent increases in mortgage possession action have made this an area that needs to be urgently addressed. Financial deregulation and increased sub-prime lending has drawn in more economically vulnerable households, leading to a situation in which, according to Mr. Justice McGovern, mortgage lenders are leaving it to the courts to deal with the social wreckage caused by giving loans to people who cannot afford to repay them.

Many sub-prime lenders have encouraged people to borrow beyond their means and are quick to take action to repossess properties when payment default becomes an issue. Insurance provisions cannot always save people from repossession and such repossession leads to homelessness.

Mortgage rescue schemes — the introduction of such a scheme is what I am seeking — are already in operation in other parts of Europe. These can be in the form of shared ownership, which reduces the amount of mortgage repayments or a complete purchase of a property in which the former owner becomes the assured tenant and is able to remain in his or her home for as long as he or she likes. There is also a number of private companies offering sale lease-back possibilities, but these may involve home owners selling a property for considerably less than its value and offer little in the way of tenure.

I want the Government to introduce proposals to reduce the number of households becoming homeless as a result of mortgage repossessions, which are currently running at a high level. Education must be provided to ensure that people have the necessary financial capabilities to manage their affairs and information must be provided on what services are currently in place to support people with mortgage difficulties. The Government must ensure that comprehensive information and advice is available to all consumers pre-purchase, taking into account affordability and, in particular, the implications of changes in circumstances and also encouraging improved communication between lenders and borrowers where difficulties arise.

Rural homelessness is not an issue that is commonly discussed and is often hidden as people may face stigma in their community if they lose their home. Dwellings are often in remote areas which are removed from services and such households have a greater difficulty in accessing these than those in urban areas. Housing options may be fewer and affordability for home ownership is particularly difficult, as house prices can be disproportionate to incomes.

The threat of homelessness is very real and is rapidly increasing, with a 70% increase in the number of people seeking help to pay their mortgages from the start of this year and some 7,000 people now applying for assistance, a major increase compared to the 4,000 who were applying for it last December.

The urgent development of a mortgage rescue scheme, allied with improvements in regulation and enforcement, to ensure that courts only approve possession action when lenders have explored all other options to prevent possession being taken, must be undertaken by the Government. As Mr. Justice McGovern said recently: "I wonder what is realistically being done by banks and mortgage companies...?" We could certainly add the Government to that question. I welcome a favourable response from the Minister on the issue raised because it is one that is becoming increasingly widespread. We need a scheme to be put in place urgently to protect people from homelessness.

Ar dtús báire, ba mhaith liom a rá gur oth liom nach bhfuil an tAire Airgeadais, an Teachta Brian Lenihan, i láthair. D'iarr sé orm an freagra seo a thabhairt don Teachta Bannon.

I wish to start by addressing the Deputy's concerns on the need for supports for those who may fall into arrears on their mortgages and I will later address the issue of how mortgage providers deal with such situations when they arise and the role played by the Government and the Financial Regulator in responding to those difficulties.

It is obviously most desirable that as few people as possible fall into arrears with their mortgages and one of the ways of achieving that is to ensure mortgages are affordable in the first instance. In terms of the housing market, affordability in Ireland is currently supported by such factors as interest rates that remain low in historic terms — with today's ECB announcement providing further relief — and increases in mortgage interest relief available in particular to first-time buyers. Successive budgets since 2006 have increased the level of mortgage interest relief available to first-time buyers in order to refocus mortgage interest relief towards home owners who are in most need of assistance.

In order to alleviate the difficulty for prospective first-time buyers who previously may have had access to a mortgage from mainstream financial institutions, but who are now unable to secure sufficient loan finance, the Government has decided to provide assistance through the new home choice loan. Those loans are to be provided by local authorities to first-time buyers of new properties subject to a maximum loan of €285,000, and a maximum loan to value ratio of 92%.

Furthermore, it is envisaged that a new single streamlined Government equity product will be introduced in mid-2009 to change the way in which affordable housing is provided, to introduce greater equality into the system and to provide a basis for achieving greater consistency across the schemes and across different areas of the country. The Government will take an equity stake in the affordable units sold, which the purchaser can either buy out in steps or at the end of a fixed period. That means the State's investment will be better protected and should enable more funds to be recycled into affordable housing in the future.

The Minister for Finance has consistently highlighted the need for responsible behaviour by both borrowers and lenders and, in particular, the need to factor in to their financial decision-making the effects of potential future changes in economic and financial conditions.

Unfortunately, a number of borrowers develop debt problems. Anyone experiencing difficulty in repaying a mortgage or other loan should discuss the matter with the loan provider and seek appropriate financial advice without delay. The money advice and budgeting service, MABS, which falls under the remit of my colleague, the Minister for Social and Family Affairs, is a national, free, confidential and independent service for people in debt or in danger of getting into debt. Funding for MABS in 2008 is almost €18 million and is to continue at that level for 2009.

The Department of Social and Family Affairs also funds the demand-led mortgage interest supplement scheme, which provides short-term income support to those eligible who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. Support for the scheme was re-affirmed in the recent budget and payments from it have reached more than €20 million so far this year. As it is a demand-led scheme, the Government is committed to meeting all payments arising under it, thereby affording protection to those who need it when they need it most.

The Deputy will appreciate that recent media attention on court proceedings for home repossessions needs to be interpreted with caution, given the variety of circumstances that give rise to such cases. Although the number of cases involving applications for repossession orders is up in each of the past two years, it should be noted that orders are not always granted and do not always represent residential mortgages. Even when orders are granted, they are not always followed through and levels remain low compared to historical averages and in comparison to similar jurisdictions such as the United Kingdom.

Non-financial supports in place include the Financial Regulator's consumer protection code, CPC, which applies to home loan providers operating in the State, including so-called sub-prime lenders. The CPC requires mortgage lenders to undertake suitability assessments before offering a product or service to consumers as well as requiring the regulated provider to contact the consumer as soon as it becomes aware that a mortgage account is in arrears, irrespective of the amount of the arrears. The CPC also specifies that the regulated provider must have in place a procedure for handling accounts in arrears and the Financial Regulator's CEO has pointed out that the Financial Regulator considers this to include a requirement that lenders agree a remedial action plan with a borrower as soon as they detect arrears starting to emerge and to try to assist the borrower to manage his or her financial commitments and not allow the situation to worsen.

The Deputy may wish to note that the provisions of the scheme made under the Credit Institutions (Financial Support) Act 2008, requires institutions covered by the guarantee in Ireland to confirm their compliance not only with the consumer protection code, but also with the Irish Banking Federation's, IBF, code of practice on mortgage arrears, IBF code. The other IBF and Irish Mortgage Council members comply with the IBF code on a voluntary basis. In accordance with the IBF code, borrowers are advised to contact their lender about any problems they may experience in meeting their repayments schedule. It recommends that the borrower contact the lender after one missed scheduled payment, again irrespective of the amount, in order to prevent a situation of mounting arrears arising with negative consequences for both the borrower and lender. Once the borrower has contacted the lender, the latter will consider all viable options and develop a plan for clearing the mortgage arrears. Home repossession should be, and generally is, the last resort for the lender and the preferred method of dealing with arrears cases should be early intervention.

In the light of the above, I am satisfied that adequate safeguards are currently in place to minimise home repossessions in Ireland. The Government will continue to monitor the situation carefully and will consider the requirement for any further responses in order that the legitimate interests of mortgage holders are safeguarded.

Social Welfare Benefits.

Having listened to the previous reply, this one will add further grist to the Minister's mill. The case I wish to outline turns the response we have heard completely on its head. In this case one of the partners is out of the family home due to circumstances beyond the other person's control. Mortgage arrears have arisen to the extent of approximately €6,000. The monthly mortgage payment is approximately €1,400, depending on the interest rate. The person's total income is in the region of €1,500 per month and the mortgage is 95% of that. How does one expect a family to survive with two children in those circumstances?

I advised the person to apply for family income supplement, FIS, as she had applied for the one-parent family allowance previously. She was granted FIS. A helpful letter around that time from the superintendent community welfare officer said: "It would be advisable for Ms So and So to speak with her partner with a view to his surrendering his interest in the family home, in which case the Department would be able to assist fully with the interest element of the mortgage repayment." It transpires that if the husband's interest in the family home was surrendered that would solve the problem.

What amused me most is that it will take time to do that. One does not know what will be the eventual outcome of the family home circumstances. To go through the court proceedings and all entailed in that will incur further expenses both on the part of the State and on the poor unfortunate person. The sad part is that having been awarded FIS, the woman received a letter from the community welfare officer saying the combination of FIS and the €27 per week she earns from employment, which has been taken into account in a means test, means she no longer qualifies for any assistance with her mortgage. I do not think community welfare officers are fully aware of the rules and regulations in the application of the system. It is happening all the time and the Minister of State knows this well.

I totally disagree with the Minister of State's statement on new sub-prime mortgages. They are still sub-prime mortgages because all that will happen is that over-priced houses will be off-loaded to unfortunate people who are totally incapable of paying for them and who will have negative equity in the next six months, let alone two years. I say this having dealt with housing loans for years. I deal with a large volume every year and I am sure every other Member does the same. It is only by doing so that one gains experience.

In heaven's name, will somebody evaluate this case according to the person's income and recognise that she has approximately €150 per month on which to live after paying the mortgage and that there are recurring household expenses over which she has no control? Making a decision on entitlements on the basis of looking at a chart is not desirable. The Minster of State should remember that community welfare officers can exercise discretion. They operate according to guidelines, not rigid statutory rules.

Will the Minister of State send some kind of message, by pigeon or some other method, down the line to staff who deal with these cases to explain that these are very difficult times and that people need to be treated with respect and concern, given that they may face increases in mortgage arrears and ultimately may be on the roadside without a house? The local authority or HSE will have full responsibility. These bodies can walk away from the matter and say they have no responsibility but if they walk away, we had better recognise that we are flying in the face of all the precedents and established practices of the past 40 years. For God's sake, will the Minister of State tell somebody to wake up and deal with these circumstances immediately and not wait for six months or a year?

Is olc liom a rá nach bhfuil mo chomhghleacaí, an tAire Gnóthaí Sóisialacha agus Teaghlaigh, an Teachta Mary Hanafin, i láthair. Táim cinnte go mbeidh sí ag léamh an Tuairisc Oifigiúil. I thank Deputy Durkan for raising a clear example of a difficulty of which I know the Minister, Deputy Mary Hanafin, will be very much aware.

The supplementary welfare allowance scheme provides for a supplement to be paid in respect of mortgage interest to any person in the State whose means are insufficient to meet their needs. The scheme is administered by the community welfare service of the Health Service Executive on behalf of the Department. The purpose of mortgage interest supplement is to provide short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house that is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

In general, a person may be entitled to a mortgage interest supplement provided she or he is habitually resident in the State; the loan agreement was entered into at a time when, in the opinion of the Health Service Executive, the person was in a position to meet the repayments; the residence in respect of which the loan is payable is not offered for sale; the mortgage interest payable does not exceed such amount as the Health Service Executive considers reasonable to meet his or her residential needs — in exceptional circumstances, a supplement may be awarded where the mortgage interest exceeds such amount as the executive considers reasonable, but such a supplement is payable for a maximum of 12 months only; and she or he satisfies a means test.

Mortgage interest supplement is normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of supplementary welfare allowance, appropriate to family circumstances, less a minimum contribution, currently €13, which recipients are required to pay from their own resources. The minimum contribution will be increased to €18 per week from January 2009. Many recipients pay more than the minimum contribution because they are also required, subject to income disregards, to contribute any additional assessable means that they have over and above the appropriate basic SWA rate towards their accommodation costs.

Where two people enter into a joint mortgage agreement there is an obligation on both parties to meet repayments as agreed with the financial institution. The fact that one of the joint mortgage holders is not resident in the property does not remove the obligation on that person to meet that part of the loan repayment which is reasonably attributable to him or her. It is not considered appropriate that the Exchequer should provide assistance towards the accumulation of a capital asset on the part of the absent party to a mortgage agreement.

Where a person residing in the property becomes the sole mortgage holder, a mortgage interest supplement can be considered in respect of such amount as a community welfare officer considers reasonable to meet the person's accommodation needs up to the full amount of interest payable. Where the person resident in the property continues as a joint mortgage holder, a mortgage interest supplement payment will be considered in respect of half of the interest on the mortgage. However, the community welfare officer will take into account the circumstances of each case and in particular where a person resident in a property is seeking to become the sole mortgage holder.

It is a matter for the community welfare officer to a make a decision on entitlement to mortgage interest supplement and the amount of that supplement, based on all of the facts of the case and the relevant legislative provisions. There is a right of appeal against the decision of a community welfare officer to a Health Service Executive appeals officer and thereafter to the chief appeals officer of the Department.

The Health Service Executive has advised that the person concerned is not entitled to mortgage interest supplement as her combined income from employment, the one-parent family payment and family income supplement is sufficient to meet the total mortgage interest due on the loan.

Her weekly income after paying the full amount of mortgage interest due is over €360 per week in respect of herself and one child. If she is not satisfied with the decision of the community welfare officer, it is open to her to appeal against the decision to the executive's designated appeals office.

The facts in the reply are incorrect

I ask the Deputy to take up the matter with the Minister for Social and Family Affairs, Deputy Hanafin.

School Accommodation.

I wish to draw attention to the need for permanent accommodation for Scoil na Camóige in Clondalkin. The school was not included in the list of school buildings announced recently by the Minister for Education and Science. This is very surprising and disappointing for the school, its board of management, the parents and the children. The school has been in temporary accommodation for 15 years and, for most of this time, it has been in prefabricated buildings that are approximately 20 years old.

The school must be one of the schools waiting longest for permanent accommodation. I have raised in the past the fact that Gaelscoileanna seem to be faring very badly in this regard. Many of the schools awaiting permanent accommodation for a long time seem to be Gaelscoileanna. Fifteen years is an extremely long period, particularly given that the school in question is in very unsatisfactory accommodation.

Let me outline the history of the school's request for permanent accommodation. Great hope was given to the school, the parents and children in the lead-up to the general election in 2007 in that they were led to believe a permanent school building would be provided. The issue of the site for the building appeared to have been resolved. Government Deputies, including the Minister for Health and Children, Deputy Harney, and the Minister of State at the Department of Community, Rural and Gaeltacht Affairs, Deputy John Curran, were very quick to give good news to parents in this regard.

I have a copy of a leaflet issued in this period by the Minister for Health and Children. It stated she was delighted with the progress made up to that point on what was an important issue for Clondalkin. It also stated she hoped any outstanding details could be resolved very quickly. She paid tribute to all who would be involved in making this happen, especially the parents, who were described as being so energetic and committed in their campaign for the new school site. The Minister thanked them for their kind words regarding the help she had given them and stated she was only too delighted to have pulled out all the stops to make that happen. However, nothing has happened since and the school is in exactly the same position as it was during the general election campaign in 2007. It is still in the same prefabs and the improvements made to those were done out of money raised by parents and the school board of management.

Recent correspondence from the Department of Education and Science does not offer much hope to the school. A letter to the council which had raised the issue with the Department states that the school building would be considered in the context of the Department's multi-annual school building and modernisation programme. Nothing is stated about when the school will be built.

In 2007, the Minister for Health and Children, Deputy Harney, said that everybody agreed that the current prefab school was not suitable for the pupils or staff and that a new school building was required. At the time serious concerns were expressed about health and safety concerns with regard to the prefabs. There were problems with heating and a student had fainted in the classroom.

Recently, the principal requested the council to carry out a dampness report on the school. Serious dampness problems were found. There was poor ventilation in the girls' toilets, damp in the boys' toilets and a firedoor needed a draught excluder fitted. The corridor was recorded on the upper register of the damp meter. There was mould in the staff room and in the toilets and there was high damp registration in many of the classrooms. Mould was found on the building. This could cause problems for the pupils because mould has been found to be a factor for people who have asthma.

In general, prefab buildings are not very energy efficient, getting over-heated in summer and taking too long to heat in the winter. Considerable costs are involved in heating prefabs. If any school should be given priority in the school building programme, Gaelscoil na Camóige is that school. I wish the Minister of State to update me on this matter.

I thank the Deputy for raising this matter as it provides me with the opportunity to outline to the House the position with regard to the Department's plans to provide for the infrastructural needs of the three all-Irish schools in Clondalkin, including Gaelscoil na Camóige.

The three schools are Gaelscoil na Camóige and Gaelscoil Chluain Dolcáin which are primary schools, and Coláiste Chillian, a post-primary school. Gaelscoil Chluain Dolcáin and Coláiste Chillian currently occupy the same VEC-owned site in Clondalkin. Gaelscoil na Camóige occupies rented accommodation in the area.

The Department is committed to providing permanent accommodation for Gaelscoil na Camóige and, with the assistance of the Office of Public Works, it made strenuous attempts to acquire a suitable site to enable this. None was available. The Department then sought the assistance of the County of Dublin VEC to arrive at a solution. An earlier VEC proposal was rejected by the school authority but a second proposal was accepted. This involves the provision of permanent accommodation for the school on the Gaelscoil Chluain Dolcáin-Coláiste Chillian site.

Gaelscoil na Camóige has a current enrolment of 225 pupils. Its staffing comprises a principal and eight classroom assistants. The school also has two special education teachers. Gaelscoil Chluain Dolcáin currently has 279 pupils on roll and has a staffing complement of a principal and ten classroom assistants. Three special education teachers are employed there. The intention is to provide each school with permanent accommodation for 16 mainstream classroom assistants to cater for the long-term needs of the area. It is also intended that the schools will re-organise to form a junior and a senior school. The current enrolment for Coláiste Chillian is 387 pupils. Its accommodation is being increase to provide for 680 pupils to cater for demand from the expansion of the primary schools.

The Department asked the VEC to carry out a master plan of the site to ascertain if it could facilitate the plans to accommodate all three schools. This has been done and the Minister for Education and Science, Deputy Batt O'Keeffe, is pleased to be able to inform the Deputy that the site can be developed as intended. The next step is the appointment of a design team to commence architectural planning.

As the Minister, Deputy Batt O'Keeffe, has explained in this House on a number of occasions, all applications for large-scale capital funding, including the one in question, are assessed against published prioritisation criteria and assigned a band rating. Projects are selected for inclusion in a capital programme consistent with that band rating. The band rating attaching to this project is band 1.4, a high rating, and reflects the fact that all-Irish infrastructural provision in the area is to be rationalised.

However, due to the scale of the demand on the capital budget of the Department of Education and Science, it is not possible to provide an indicative timeframe for the progression of the project at this time. Recently the Minister explained the situation in this regard to a delegation from the school.

The Minister is aware there are issues with regard to the school's temporary accommodation. The Department of Education and Science has informed the board of management that it has the responsibility to ensure that the accommodation it is renting is suitable for school use. It should raise matters of concern directly with the landlord and ensure they are addressed to its satisfaction.

I thank the Deputy again for raising this matter and I assure her that I acknowledge the need for permanent accommodation for Gaelscoil na Camóige. I am committed to providing this as soon as the necessary funding is available.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 9 December 2008.
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