This Week In The Seanad

Schedule of Business
Tuesday 5th Wednesday 6th and Thursday 7th May, 2015

14:30 – Order of Business
15:45 – 17:45 Statements on ‘Report of the Working Group on Seanad Reform 2015’
[Maurice Manning & Joe O’Toole]

14:30 – Commencement Debates
15:30 – Order of Business
16:45-18:45 Private Members Business – Motion – Justice
Independent Senators (University Panel)
“That Seanad Éireann:

– Notes that Irish lending and credit institutions are increasingly appointing Receivers over mortgaged property either through the power of appointment contained in the mortgage deed or under the provisions of the Land and Conveyancing Law Reform Act 2009.

– Notes that the rules which apply to Credit and Lending Institutions under the Central Bank Consumer Protection Code do not set out any specific provisions in relation to the appointment of Receivers, nor are any guidelines for the appointment or conduct of Receivers contained in the Mortgage Arrears Resolution Process.

– Further notes that there are no provisions in relation to the appointment or conduct of Receivers in agreements covered by the consumer credit legislation, namely the Consumer Credit Act 1995 and the European Communities (Consumer Credit Agreements) Regulations 2010 (SI 281/2010).

– Expresses concern at the absence of robust statutory regulations to set minimum qualifications for eligibility to act as a Receiver, to govern the licensing of Receivers and to establish acceptable norms of conduct and behaviour.

– Notes with concern that no provisions exist in the Rules of the Superior Courts or the Circuit Court Rules to guide the Courts when making an order appointing a Receiver over property so as to delineate the powers of the Receiver or to provide for rules of conduct for any Receiver when acting on foot of any such Court order.

– Condemns the recent reports of oppressive and bullying tactics used by a Receiver in County Kildare.

– Welcomes and acknowledges the reported comments of An Taoiseach on 22nd of April 2015 wherein he stated that the Government would consider introducing regulations to govern the appointment of Receivers.

– Resolves to protect mortgage debtors and the public from oppressive behaviour and conduct by unscrupulous Receivers.

And calls on the Minister for Justice to:

– Acknowledge that the lack of present lack of regulation in the law exposes indebted mortgagors to oppressive and wrongful conduct by Receivers.

– Further acknowledge that the present lack of any statutory code of conduct or licensing regime leaves the public at risk of abuse by unscrupulous Receivers.

– Develop and introduce robust statutory regulations governing the conduct of receivers appointed under the Land and Conveyancing Reform Act 2009.

– Amend the Rules of the Superior Courts and the Circuit Court rules to include new provisions regulating the conduct of Receivers appointed by the Courts.

– Liaise with the Minister for Finance with a view to directing the Central Bank to introduce new rules for Lending and Credit Institutions regarding the appointment and conduct of Receivers.

Senators Rónán Mullen, Gerard Craughwell, Feargal Quinn”

19:00 – 21:00 Statements on the Spring Economic Statement
[Minister of State at the Departments of Finance]
Spokesperson Senator Michael D’Arcy

10:30 – Commencement Debates
11:30 – Order of Business
12:45 – Sport Ireland Bill 2014 – Report and Final Stages
[Department of Transport, Tourism and Sport]
Spokesperson Senator Eamonn Coghlan

15:00 – 16:30 Statements on Europe Day and the European Commission’s Work Programme-[Department of Minister for European Affairs and Data Protection]
Spokesperson Senator Catherine Noone

Motion regarding the ‘EU Scrutiny Work Programme 2015, Joint Committees’ Priorities’ report from the Joint Committee on European Affairs – Without Debate

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