Senator Bacik, as Deputy Leader of Seanad, Chairing Order of Business

Order of Business

Wednesday, 14 March 2012

Senator Ivana Bacik: Go raibh maith agaibh go léir for raising so many issues. The matter of mortgage arrears was raised by Senators Darragh O'Brien, Jim D'Arcy, Cáit Keane, Marc MacSharry, Colm Burke, Diarmuid Wilson and Martin Conway. The common theme that emerged was frustration at the lack of progress, which we all share. Both the Taoiseach and the Tánaiste have stated there has not been as much progress as they would like. As a result they have established the Cabinet sub-committee on mortgage arrears to bring a new focus to the issue and drive further action.

Measures have been adopted as a result of budget 2012 such as expanded mortgage interest relief schemes for first-time buyers who bought during the boom years between 2004 and 2008. Many of them are among the most likely to be in mortgage arrears. There is also the scheme of the personal insolvency Bill, on which members of the justice committee have been very involved in public hearings. We published our report on the Bill on 6 March which makes some robust recommendations for changes to it, particularly to deal with an issue identified by Senator Darragh O'Brien and others, that is, the Bill's lack of teeth and the fact that banks might still effectively be able to deny a resolution because there is no appeals mechanism.

Having heard from all the interested groups, including the bankers and groups such as the Free Legal Advice Centres, FLAC, which represent those in difficulty with their mortgage, the committee has recommended that an appeals mechanism be provided for in the Bill. We have made a number of other recommendations which have been submitted to the Department of Justice and Equality and I am hopeful the Bill will be strengthened.

It would be no harm to adopt Senator Jim D'Arcy's suggestion, that a message be sent from the Leader of the Seanad to the Taoiseach asking that the process of action to provide assistance for those in mortgage arrears be speeded up. I will certainly pass on this message to the Taoiseach as it would be helpful to do what the Senator has suggested.

Senator Martin Conway raised a particular difficulty of a constituent, while other Senators mentioned the code the conduct, which the banks are seeking to amend. It prescribes that banks should not contact clients more than three times a month. This matter arose during the insolvency hearings before the justice committee. While we are all in agreement that banks should not be permitted to intimidate customers, the reason the restriction is included in the code, we have also heard that people are having difficulty making contact with banks when they wish to make arrangements for the renegotiation of mortgage payments. That difficulty needs to be addressed. I do not know if other Members have heard of this happening. Personally, I would not be in favour of allowing more contact, but we must address this difficulty where there is no reciprocal communication from the banks.

Senator Darragh O'Brien: What about inviting the Minister of State, Deputy Brian Hayes, or the Minister for Finance back to the House?

Senator Ivana Bacik: My apologies. The Senator also asked about inviting the Minister of State, Deputy Brian Hayes, to the House in this context. The debate on the Finance Bill will be held on Wednesday and Thursday of next week and the Minister for Finance, Deputy Michael Noonan, and presumably the Minister of State will be here for idt. Both of them will be here for the debate on the Bill-----

Senator Darragh O'Brien: They will not be here to discuss the issue of mortgage arrears.

Senator Mary M. White: Or new finance available for companies.

Senator Ivana Bacik: I will also speak to the Leader about arranging a specific debate on the issue. Statements on housing are scheduled to be taken on Wednesday, 28 March, following requests from Members on both sides of the House. Clearly, that is the obvious debate in which to raise the issue of mortgage arrears.

Another issue raised by Members concerns the repayment of the promissory notes in the context of Commissioner Olli Rehn's comments which were in Latin. Senator David Norris commented on the use of Latin, while Senator Mary White referred to its use in Nancy Pelosi's speech last night. There has been a great deal of Latin spoken in the House this morning.

Senators David Norris, David Cullinane and Rónán Mullen raised the matter of the repayment of the promissory notes and Commissioner Rehn's comments which were not helpful, as he is not the person who makes the decision, as everybody is aware. The matter is being negotiated with the troika and the negotiations are ongoing, as the Minister for Finance, Deputy Michael Noonan, said. The Government was landed with a very expensive method of financing both Anglo Irish Bank and the Irish Nationwide Building Society via these promissory notes as a result of the disastrous banking policies of the previous Government. The Government continues to work with the troika to explore possible ways to renegotiate or re-engineer the promissory notes to find a less expensive solution. A number of aspects are being examined, for example, replacing them with financial instruments with longer maturity periods. A joint paper is due to be published with the troika covering the options open to the Government. This process is ongoing and the Taoiseach and the Minister for Finance have said it will be lengthy. It is not something that will be resolved this month, nor is it expected to be.

Another issue raised by a number of Senators is that of lobbying. The proposals to regulate lobbying have been published toda and include a two year lobbying ban for former politicians. I agree it would be helpful to debate the proposals in the House. This matter was raised by Senators Rónán Mullen, John Crown, Martin Conway and Feargal Quinn. I will speak to the Leader about arranging such a debate.

Senator Sean Barrett raised the issue of the location of the Fry Model Railway Museum at Malahide Castle. I was not aware it was to be moved to BusÁras. The Senator is right that the matter should be raised with the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar. It might also be worthwhile raising it as a matter on the Adjournment in order that the Minister can come to the House and provide a written response on why it is to be moved to BusÁras. I am not aware of the context for that decision and share the Senator's sentiments on it.

Senator Jimmy Harte has rightly expressed sympathy, as we all do, for the families who have suffered the appalling deaths of their children in the Swiss tunnel. They were Belgian schoolchildren who were returning home from a school skiing trip when this appalling crash occurred. As the Senator said, it puts other issues in perspective. The Senator also asked that the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, be invited to the House to address the legality of the household charge. As I said, there will be statements on housing two weeks hence, which would be the appropriate time to raise the matter.

Senator Terry Leyden sought an early debate on the situation in the Middle East and Gaza. I commend the Senator for his work on the issue and as chairman of the Friends of Palestine group in the Houses, which I support. He fairly commended the Tánaiste for his efforts in the matter.

Senator Terry Leyden: To correct the Deputy Leader, I am convenor for the group. One of her colleagues is its chairman. I thank her for her comments.

Senator Ivana Bacik: The Tánaiste made a statement yesterday on the recent outbreak of hostilities and the Israeli airstrike in Gaza, in which he set out the Government's views and concerns. He has pointed out that civilians on both sides have been put at risk in these exchanges and welcomed the ceasefire agreed this week. He was in the House recently for a debate in which a number of Senators raised issues regarding the Middle East. I will be happy to ask him to return for a further debate specifically on the situation in the Middle East. That would be a good idea.

Senator Michael Comiskey raised the issue of LIS schemes. It might be worthwhile for him to contact the Minister for Transport, Tourism and Sport, Deputy Leo Varadkar, directly about it.

I have responded to Senator David Norris, but he also asked that the Minister for Communications, Energy and Natural Resources, Deputy Pat Rabbitte, be invited to the House to discuss a public inquiry into all aspects of the media, for which others have also asked. The Minister was in the House recently for a general debate and I am sure we can invite him back again.

I have dealt with Senator Jim D'Arcy's useful suggestion that we send a message to the Taoiseach about the delay in dealing with the issue of mortgage arrears. I have also responded to Senator David Cullinane's contribution.

Senator Mary Moran mentioned the Irish Network Against Racism. We all support the work it is doing to highlight the issue of racism. It would be useful to have a debate on the issues of racism and race crime. Suggestions have been made about making it an aggravating feature of a crime where it is committed with a racist motivation. I would support such a move.

Senator Mark Daly spoke about the need for greater scrutiny of EU measures and welcomed the fact that committee chairmen were meeting to discuss the issue. The justice committee holds a large number of meetings at which we scrutinise EU proposals. The Leader of the House has taken up the suggestion that the Seanad have a greater role in scrutinising legislation.

Senator Fidelma Healy Eames asked that the Minister for Education and Skills, Deputy Ruairí Quinn, be invited to the House to discuss the school building programme. I should follow the Leader's example of not responding to Senators who are not present and have not made apologies for their absence, but we all welcome the school building programme. It involves an investment of €1.5 billion over five years. I note there is a further amount of money left in the programme for other capital works. This is, therefore, not the full extent of the building work that will take place. It will assist schools to plan ahead when they know they will be included in the five year programme.

Senator Rónán Mullen raised the issue of lobbyists, to which I have responded. Senator Cáit Keane raised the issue of mortgage arrears and the need for a debate on the issue of freedom of information. It would be useful to have such a debate in the House. The former Minister of State, former Deputy Eithne Fitzgerald, introduced the freedom of information legislation and the Government is committed to restoring its strength.

Senator Michael Mullins congratulated those involved in the “Prime Time” programme. I share his view that Lorraine Mulvey is an exceptionally courageous young woman who has done a great deal for the survivors of rape and sexual abuse by speaking out on the issue and pointing out that there are supports available. It is very difficult to come forward with a complaint of rape or sexual abuse. Her action is an inspiration and will assist others in the same position.

Senator Wilson asked for a debate on adult and further education, which we have called for. Senator Quinn pointed out the importance of lobbying and its effects and how, in the context of smoking, lobbyists persuaded people for many years that smoking was good for them. That should inform our discussion on lobbyists. Finally, Senator White is calling for a debate on active ageing. I know Senator White has spoken on this topic before and I think the Leader of the House has agreed to it previously, but I will check that with him. I have also been present in the House when Senator White referred to the age of the Minister for Finance, Deputy Noonan. I am not sure he is always entirely pleased when his age is mentioned.

Senator Mary M. White: He should be proud of his age.

Senator Ivana Bacik: That is a very worthwhile point. In terms of the issue of more women in political life, Ms Nancy Pelosi raised this issue so powerfully during her address to the philosophical society in Trinity College yesterday. We will be having the Report and Final Stages of the Electoral (Amendment)(Political Funding) Bill tomorrow, which will provide a mechanism for many more women to get involved in politics in the future. I know Senator White has been hugely supportive of that Bill, and I thank her for that support.