The possible failure of courts to adhere to European Union consumer protection was “potentially extremely serious”, Social Democrats TD Róisín Shortall told the Dáil.
“It appears that repossession orders are being granted without the courts taking the initiative to assess whether mortgage contracts are unfair,” she added.
“This is clearly a denial of people’s rights by the courts.”
Ms Shortall said Master of the High Court Edmond Honohan had criticised the Government for failing to protect people facing the repossession of their homes.
He had said under EU consumer law our courts were required to examine each mortgage contract, regardless of whether the defendant was in court, to ascertain whether its terms were unfair, she added.
Ms Shortall said Mr Honohan had claimed county registrars, as agents of the EU, were failing in their duty.
Tánaiste Frances Fitzgerald said further legal advice was being taken on the issue.
Series of initiatives
Ms Fitzgerald said the Government had taken a series of initiatives to reach out to mortgage-holders to ensure further information was available to them.
Under a new scheme, vouchers for legal advice were made available to individuals to ensure they had better access to legal advice in the courts system, she added.
“That new scheme has been taken up very successfully since it was announced some months ago,” she added.
“More general information and advice is also available,” she added.
Ms Fitzgerald said the Insolvency Service of Ireland had seen a very large increase in its activity in recent months.
Ms Shortall asked if repossessions were happening without people being afforded their rights and whether the State was exposed to legal challenge due to its failure to adhere to EU law requirements.
Ms Fitzgerald said county registrars were officers of the court and independent in the exercise of their functions and duties under statute and the rules of court.
“As a matter of law, they may only make an order for the possession of any land in cases where no defence to an action for possession has been delivered by the defendant or no appearance has been entered by the defendant,” she added.
“Therefore, the power of a county registrar to make orders for possession is extremely limited.”
