I wish to advise the Deputy that this matter is currently being examined by my Department in consultation with the Office of the Attorney General and the matter will be kept under review in terms of any definitive additional obligations arising.
In relation to making defendants in repossession cases aware of their rights, as the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that they have developed a Guide to Possession in the Circuit Court which is available on www.courts.ie. This guide is intended for people who are facing the possibility of having their property possessed by a lender in the Circuit Court and outlines what possession is, the options and supports available and what to expect will happen during the court process.
The Deputy will be aware that the Government is committed to keeping families in their homes and avoiding repossessions in so far as possible. It launched the new national mortgage arrears resolution service, Abhaile, last October and it is advisable that people who are at risk of losing their home avail of the free legal and financial advice services on offer. The Abhaile service provides access to free independent expert financial and legal advice and assistance which includes the presence of court mentors provided by the Money Advice and Budgeting Service (MABS) at all Circuit Court repossession hearings across the country. There are also in-house dedicated Mortgage Arrears advisers in MABS offices across the country, specifically to assist and negotiate on behalf of borrowers in mortgage arrears.
