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Dáil Éireann díospóireacht -
Thursday, 2 Apr 2009

Vol. 679 No. 3

Adjournment Debate.

Legislative Programme.

Last week in reply to a parliamentary question about sub-prime mortgage lenders, the Minister referred to the Financial Regulator's consumer protection code, which he stated requires lenders to "act honestly, fairly and professionally in the best interests of their customers". I would like to give the Minister an example of how that requirement is being adhered to in the real world.

I was contacted by a constituent who, like so many others, is struggling to make ends meet in the current economic downturn. She and her partner bought a house during the so-called boom years, when young adults came under intense pressure to get on the property ladder. In their particular circumstances, they felt they had no option but to turn to a sub-prime lender for their mortgage. With her partner having recently been made redundant just a month before the birth of their third child, they are both out of work and unable to meet their mortgage repayments.

The couple went to the Money Advice and Budgeting Service for assistance, whose staff contacted their lender to ask for a six-month moratorium on their mortgage. The lender's response was "We do not do moratorium". The lender would offer nothing but to reduce the mortgage by half for six months, not as a discount but as a deferral. Under the arrangement offered, the couple would have to repay the difference over the following months, with half the mortgage paid now and the full mortgage to follow along with a €100 additional sum per month to cover the difference until cleared. That was the only option open to the couple and the Minister of State would agree it was no option at all. They had to take it because they are desperate.

The lender has unsurprisingly refused to pass on most of the recent interest rate cuts. As of last month the people were paying a rate of 8.45%, only a 0.5% of a decrease since the European Central Bank first began cutting rates in October. The lender has simply refused to pass on the other reductions in the lending rate. Today, the ECB rate was decreased by a further 0.25% and I fear the lender will not pass on this cut either.

It is clear the sub-prime leopard has not changed its spots. For all the opprobrium it has rightfully received, the industry still engages in predatory practices aimed at squeezing every last penny it can from those with the least ability to pay. The Government's response to this crisis has been entirely inadequate and has made matters worse by ensuring that low income people have even less money to pay their mortgages because of the income levy, the so-called pension levy and the increase in value-added tax. It has refused to insist that interest rate decreases are passed on or to legislate for a moratorium on repossessions, apart from the minimalist six-month moratorium which applies only to banks benefiting from the recapitalisation scheme. It has offered no protection to people who simply cannot pay.

We are already beginning to see the consequences of this in the increasing numbers of repossessions coming before the courts. How many people will have to lose their homes before this Government finally decides something must be done? If the current global economic crisis has taught us anything, it should be that a hands-off approach to the private sector simply does not work. There must be a point at which the Government steps in and insists that private industries operate not only according to an aspirational code but under firm and clear regulations.

A mandatory two-year moratorium on repossessions for all mortgage lenders should be the urgent first step in this process. We must also look at legislation to allow the victims of aggressive lending practices to renegotiate mortgage terms, including allowing people on fixed rates to change to variable rates without incurring the extortionate penalties some lenders are charging.

I am appealing to the Minister to consider the issues I have raised. There are thousands across the State in a similar position to that of the constituents who contacted me, and their numbers will only increase over the coming months and, perhaps, years. The refusal to properly regulate this industry played an enormous role — which should be clearly understood — in leading us into this crisis to begin with. It is inexplicable that this Government has not learned from this mistake.

I urge that the points I have made are taken on board and acted upon. I hope measures will be announced in the coming week that will bring relief to the hard-pressed families throughout the country to whom I refer.

As the Deputy will be aware, the Government took steps in October 2007, under section 19 of the Markets in Financial Instruments and Miscellaneous Provisions Act, to provide for an appropriate system of authorisation and supervision, by the Financial Regulator, of retail credit firms engaged in specialist or so-called sub-prime lending and home reversion providers not previously subject to financial regulation in respect of lending activities. The primary purpose of this amendment was to extend to the customers of these firms the benefit of the consumer protections provided for in the Financial Regulator's consumer protection code. This regulatory regime has been in place since 1 February 2008 and is being implemented by the Financial Regulator. Consumer credit, including sub-prime lending, is also regulated in Ireland under the Consumer Credit Act 1995, which makes detailed provision for the form and content of loan agreements and for the advertising of consumer credit.

The consumer protection code requires all mortgage lenders to undertake suitability assessments before offering a product or service to consumers. In addition, the consumer protection code sets out the requirements that a regulated entity must contact the consumer as soon as it becomes aware that a mortgage account is in arrears and that it must have in place a procedure for handling accounts in arrears. The Financial Regulator's CEO pointed out that the regulator considers this to include a requirement that lenders agree a remedial action plan with borrowers where it detects arrears starting to emerge and to try to assist such borrowers in managing their financial commitments and not allow the situation to worsen.

It is a particular priority of the Government to ensure that, as much as possible, difficulties in respect of mortgage arrears do not result in legal proceedings relating to home repossessions. Home repossession should be, and generally is, the last resort for the lender. The preferred method of dealing with arrears cases should be early intervention.

The finalised recapitalisation scheme announced on 11 February last includes a new code of conduct for mortgage arrears, which has been issued by the Financial Regulator and which came into force on 27 February. The new code applies to mortgage lending activities to consumers in respect of their principal private residences in the State and is mandatory for all mortgage lenders — including so-called sub-prime lenders — registered with the Financial Regulator. Under the mortgage arrears code, where a borrower is in difficulty the lender will make every reasonable effort to agree an alternative repayment schedule and will not commence legal action for repossession until after six months from the time arrears first arise.

The two banks participating in the recapitalisation programme have each committed to delay commencing court proceedings for repossessions of principal private residences until after 12 months of arrears appearing where customers continue to co-operate reasonably and honestly with them. In addition, the recapitalised banks have assured the Government that, in the normal course of events, they will make every effort to avoid repossessions.

The Minister for Finance understands that other IBF members also make strenuous efforts to ensure that repossession is not attempted until every reasonable effort has been made to find an alternative. These include the use of flexible procedures for the handling of arrears cases, which are aimed at assisting the borrower as far as possible and which recognise the provisions of the Consumer Credit Act 1995 in full.

Following a 2008 examination of procedures in place within financial institutions to deal with arrears and repossessions, the Financial Regulator wrote to all regulated mortgage lenders on 16 December last with feedback. Its letter sets out best practices for dealing with arrears that were identified during the examination. The Financial Regulator is currently carrying out a further examination of mortgage lenders to ensure that they are in compliance with the specific provisions of the consumer protection code and the Consumer Credit Act 1995. The examination will also review the application of the residential mortgage arrears and repossession procedures and practices in place in mortgage lenders, as advised to the Financial Regulator in 2008, to ensure that consumers are being treated fairly. In addition, an update will be sought regarding the implementation of the best practices outlined in the Financial Regulator's letter of December last.

If a consumer has a complaint about his or her mortgage, that complaint must first be made directly to the lender. If the consumer is dissatisfied with the outcome of his or her complaint, he or she can then refer the matter for further investigation to the Financial Services Ombudsman. All Members have met people who are affected by difficulties in this regard. One of the difficulties is that people do not seek help early enough and instead try to hide from the problem. All we can do is encourage them to come forward.

The Minister for Finance has consistently highlighted the need for responsible behaviour on the part of both borrowers and lenders and, in particular, the need to factor into their financial decision-making the effects of potential future changes in economic and financial conditions. Unfortunately, a small minority of borrowers develop debt problems.

The Minister of State has far exceeded the time allocated for his reply.

The reply is rather long. I apologise for that.

Will the remainder of the Minister of State's reply be included in the Official Report?

No. Perhaps the Minister of State will forward the reply to the Deputy.

I asked if it will be noted in full in the Official Report.

No. The Minister of State, who had exceeded the time available to him by one minute, will forward the complete reply to the Deputy.

Hospital Staff.

I thank the Ceann Comhairle for affording the opportunity to raise this important life-and-death issue, which relates to the need for the Minister for Health and Children to address the threat to the viability of Longford-Westmeath General Hospital and the midlands area caused by correspondence that was sent to personnel at the hospital yesterday. This correspondence states that all temporary contracts will be withdrawn on 27 April next and that no replacements will be provided for those on maternity or sick leave. I can only presume that a mistake has been made and that there will be no cutbacks to essential staffing levels at this hospital. I am seeking a guarantee in this regard, particularly as people's lives depend on the provision of adequate staffing cover.

The effect of this bombshell on the hard-working and extremely effective staff at the hospital has been immeasurable. This random reduction of services is no way to run the health system, neither is it a proper way to treat staff who work flat out, often in untenable circumstances, and who, for the sake of their patients, give over and above what is required of them in their contracts.

Patients and the staff to whom they have entrusted their care need the support of a reliable and trustworthy Department of Health and Children. The protests earlier today outside the gates of Leinster House by associations representing those who suffer with cystic fibrosis and autism and the Carers Association prove — if such proof were needed — that people are not receiving the support they require. These protests are merely a small representation of the anger and hurt people feel at the Government's betrayal.

What can the staff of Longford-Westmeath Regional Hospital expect for the future? Should they accept the termination of their contracts at the whim of the Minister for Health and Children? Does the Minister think it will console them to know that they are shouldering responsibility for the salaries of a huge number of managerial and administrative staff in the HSE whose positions should have been cut some months ago? These positions are surplus to need but the staff who occupy them remain in place while essential front-line staffed are being axed. Do these people believe the Minister has established a €27 million pension fund in respect not only of one but of all of them? The answer to these questions is no. The personnel to whom I refer are not surplus to need and have an essential role to play. The Minister for Health and Children has driven another nail into the coffin of patient care at Longford-Westmeath Regional Hospital. Those who die as a result of lack of essential medical personnel and care will be on her conscience.

This move to reduce staff is part of an ever-increasing pattern of health cutbacks being imposed on the sick, the elderly and the vulnerable. The Minister for Health and Children is being obliged to enforce these cutbacks in order to cover the financial mismanagement of her Department. The sick and chronically ill are bearing the brunt of the blunders which have been the hallmark of her tenure in the Department. Forgoing essential treatment and services is not an option the Minister would personally have to endure. What makes one human being different from another when it comes to accessing essential health services? I have asked in this House on a number of occasions the reason France, with a population of 64 million, has a fast, efficient health service while this country, with a mere 4.3 million, sees people dying due to cutbacks, sacrificed on the altar of Government inadequacy and criminal and moral neglect.

The Mullingar hospital is a valuable health facility for the midlands and is the only acute hospital between Dublin and Sligo. It was placed in the top three hospitals countrywide in the recently released HealthStat data. It has proved time and again that it is working to a very high standard, despite the Minister's failure to meet promises to complete phase 2B of the hospital's infrastructural development.

The hospital has also suffered from the removal of the cancer unit, which has left seriously ill patients forced to travel long distances to access services which had heretofore been more than adequately provided locally. However, it now faces not only being under-funded but understaffed, which is a major indictment of this Government's disregard for essential provision for the midlands. I expect assurances from the Minister of State that the correspondence received yesterday by all staff at Longford-Westmeath Regional Hospital was just another administrative error or, dare I say it, a sick April Fools' joke. Sanity must prevail. I ask the Minister of State to give me a guarantee this evening that nobody providing front line services at this very efficient hospital will be let go on 27 April.

I am taking this matter on behalf of the Minister for Health and Children, Deputy Mary Harney.

The Midland Regional Hospital at Mullingar forms part of the Dublin-Midlands Hospital Group and provides an extensive range of acute services to the population of Dublin and the midlands, in particular Longford-Westmeath. The issue raised does not relate specifically to Longford-Westmeath General Hospital and the midlands area. This is a national decision that applies equally across the public sector. The numbers employed in the health sector have grown since 2005. The recent exceptional deterioration in the economy and the public finances has necessitated the taking of emergency budgetary measures and means that a more strict approach to employment control in the medium term must be taken in the public sector generally and in the health sector.

The Government has decided that, with effect from 27 March 2009 to the end of 2010, no post in the public sector, however arising, may be filled by recruitment or promotion; nor may an allowance be paid for the performance of duties at a higher grade. The decision also applies to temporary appointments on a fixed-term basis and the renewal of such contracts. However, in the case of the health service the arrangements have been modulated to ensure that key services are maintained insofar as possible and that there will be flexibility in the filling of certain posts.

The Department of Health and Children wrote to the HSE on Monday of this week advising them of the Government decision. In the wider context, it is important to note that there is provision for filling full-time consultant and therapy posts, subject to the approval of the Department of Health and Children and the Department of Finance. The Government is committed to protecting the quality of services and this mechanism will be of assistance in that regard.

Social Welfare Code.

I raised yesterday with the Taoiseach the issue of the back to work enterprise allowance. I told him I had watched "Prime Time" the other night which carried an interview with a young man. The programme was to do with unemployment and people who found themselves out of a job. This man wanted to set up a new heritage business in the Grand Canal area. The idea was that they would provide walking tours along the Grand Canal and have podcasts, a barge on the canal and so on. It seemed to be a worthwhile project but because he was unemployed he was having difficulty getting a loan from the bank to set up this initiative. He then tried to determine if he was eligible for the back to work enterprise allowance, but unfortunately he was ineligible because he was not long enough on the dole. To get the back to work enterprise allowance one must be on the dole for two years. If one qualifies for the allowance one is also eligible to get start-up loans and money towards equipment needed for one's business and so on. It is a very worthwhile allowance for which to apply and this man had a worthwhile proposal. He could do with qualifying for this particular allowance, but unfortunately he was not eligible.

The point was made in the programme by the Irish National Organisation of the Unemployed, which has made a budget submission in this regard, that the time one must be on jobseeker's benefit to qualify for this allowance should be reduced from two years to six months. The Irish Small and Medium Enterprises Association has requested that the waiting time to qualify for this allowance be reduced from two years to three months.

The Taoiseach agreed with me yesterday when I highlighted this matter on the Order of Business. He said we must examine these issues to ensure people who have ideas are not deprived of the opportunity to do something because of the application of an unrelated rule. That gave me hope that the Government might consider changing the eligibility rule for the back to work enterprise allowance. I would be interested to hear the Minister of State's response.

There is a great deal of publicity surrounding the campaign where people are being asked to put their ideas on to a website. Unemployed people with good business ideas could set up new businesses. Individuals are being paid social welfare who could help build up our economy by establishing new businesses, but they are being hampered by the inflexibility of our rules on the back to work allowance, the back to work enterprise allowance, back to education schemes and so on. At a time when so many people are going on the dole it is important to get them back to work and allow them set up new jobs in areas such as the one in which the man I mentioned earlier wanted to set up a business promoting our environment and our heritage, as opposed to building up our economy through speculation, development and so on, which was the case in the past. We must ensure that our social welfare schemes do not prevent people from setting up new businesses, getting back to education and the workplace. I look forward to the Minister of State's response.

I am taking this matter on behalf of the Department. What the Deputy has outlined is very much what we are hearing when we meet people on the ground. The long reply outlines all the good actions the Department takes currently but the most relevant is near the end. I could read the five pages for the Deputy but the comment at the end states: "In view of the particular relevance of the back to work scheme to the unemployed, the eligibility requirements and other aspects of the scheme are being examined to ensure they continue to meet the needs of individuals in the current climate." There are many good actions the Department has always taken but there was always a period before they clicked in. It must try to target resources at those who really need them rather than those who might almost deliberately become unemployed to get benefits. That is not what is happening now but it might happen in the case of a few. The increase recently in the number of people who have been made unemployed has brought all the schemes into focus, and they are being examined. The reply outlines what currently exists but with the debate this week and discussions at Cabinet level, things are being looked at and the last paragraph is probably key. We have all made suggestions at different levels and I hope some of the projects can be adjusted to help people who do not want to be unemployed and who want to re-enter the workforce. I do not know if they can go the whole way and make these available from day one, but the situation is being examined and I hope something good comes from that.

Garda Stations.

I was prompted to raise the issue of Garda stations in County Meath by a petition some constituents from Dunboyne sent to me. It is not the first time I have raised the issue of Garda resources in my constituency in response to a petition.

I acknowledge the great work gardaí do day to day in my constituency in the fight against crime and dealing with serious accidents. There was a serious robbery in Bettystown last night and I know from one of the victims that the gardaí did an amazing job. That incident, however, highlights some of the issues I am raising.

There have been improvements in Garda numbers in Meath since the new division of Meath was created, after splitting the Louth-Meath division. There are still towns, however, such as Stamullen and Ratoath, without Garda stations while Dunboyne and Duleek need improved facilities and 24-hour cover. All of the towns I have mentioned were small villages that have grown hugely in recent years and are now big towns. There is a perception in some of these towns that the lack of a Garda presence or 24-hour cover makes it easier for burglars and robbers to exploit them. People worry that they are more likely to be victims of crime if there are no Garda stations in the town in which they live. I wonder if the Minister might do some research into that. If it is not true, we could allay people's fears.

The perception certainly exists for my constituents, however, particularly those in Dunboyne who have contacted me recently. Previously I have raised the concerns brought to me by residents groups in Stamullen and Duleek. Despite the hard work of the well known gardaí in Duleek, people believe further resources are necessary.

My constituent who wrote to me stated with regard to Dunboyne that there has been a large increase in crime, particularly breaking into houses and cars, vandalism, robberies and violent attacks. She said that with a significantly larger population the area needs a full-time Garda station and that local people are concerned about this and feel vulnerable. According to my constituent, the robbers are aware of the situation and exploit it fully — sometimes people must wait an hour for a Garda response as a squad car could easily be 20 miles away responding to another call. There is plenty of time for the robber to take what he wants comfortably and leave without being intercepted.

That is the perception in the constituency and I would like the Minister to carry out research to see if the facts bear that out. We should deal with these issues on the basis of facts. The perception, however, exists and it is up to us to address it.

In fairness to the gardaí, there have been significant improvements in services and initiatives such as Community Alert and Neighbourhood Watch are massively important and very popular. I recently spoke at the launch of Beauparc-Yellow Furze community alert in my constituency and the event was very well attended, while a similar launch in Stamullen attracted large numbers.

The gardaí in Meath are well attuned to the needs of the community but they need further resources. To give confidence to these communities and discourage criminals, a programme of Garda station building should be undertaken and those Garda stations that are not fit for purpose should be removed and replaced, while those Garda stations that are not open 24 hours should be opened all day. Not alone would such a programme benefit communities and the gardaí who serve them, but they would also result in employment in the construction industry that is badly needed.

Gardaí are needed on the beat, and that is where they want to be, but the physical presence of a station is very important for a growing community and acts as a deterrent to crime.

In accordance with the Garda Síochána Act 2005, proposals on the opening and closing of Garda stations are matters for the Garda Commissioner in the context of the annual policing plans. In this regard, significant developments have been under way in the Garda Síochána to realign Garda divisional boundaries to make them coterminous with local authority boundaries. One of the main aims of this project is to bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of the joint policing committees.

These boundary changes have had significant positive impacts in County Meath in particular, with the establishment of a new Garda division in the county in June last year. As part of the work of establishing the new division, a detailed analysis of the policing needs of the county was carried out, including an assessment of crime trends, population levels and policing requirements. This analysis resulted in a re-alignment of the geographical areas of district and sub-district stations of the new division and the establishment of a new Garda district of Laytown. This new district has been operational since 1 January this year.

In conjunction with the establishment of the new division, there has also been a significant increase in the number of Garda resources allocated to the division. The total personnel strength of the Meath Garda division on 28 February 2009 stood at 307. This represents a significant increase of over 16% since the start of 2008. In addition, a significant number of civilian staff are assigned to the division.

Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are monitored and reviewed by the Garda Síochána on an ongoing basis. Such monitoring ensures that optimum use is made of Garda resources, and that the best possible Garda service is provided to the public.

Engagement with the community is a key priority of the Garda Síochána and this objective extends well beyond the physical presence of the Garda station, important though that is. In this regard, any proposal to increase the number of Garda stations in the county would be incompatible with contemporary policing policy as it would result in valuable Garda resources being diverted from outdoor, operational policing to indoor administration duties.

With regard to accommodation matters generally, the Garda Commissioner has established a Garda accommodation programme board, under the chairmanship of the chief administrative officer, to prepare a long-term accommodation strategy for the organisation. This strategy will address a number of areas including the identification of future accommodation needs with particular reference to policy and policing requirements and taking into account international trends and perspectives. It will also assess current buildings and facilities including their condition, location and development requirements. The accommodation requirements for County Meath will be fully considered in this regard.

I fully understand Deputy Byrne's point because County Meath has changed in recent years from being a rural area to being a suburb of Dublin, with a huge increase in population and a need for more gardaí and Garda stations. While constituents like to have a Garda station nearby, they are often not the relevant factor. The important thing is the ability of gardaí to come to the scene of a crime when they are needed, rather than a garda sitting in the station who cannot come out because he cannot leave the station unattended. The new division in Laytown will lead to better policing.

The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 7 April 2009.
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