Deputy does his duty

Independent Dáil Deputy Stephen Donnelly yesterday introduced a private member’s bill that would allow judges apply discretion in the case of banks seeking to repossess property even though the borrower was making reasonable efforts to repay the mortgage.

If the borrowers were acting reasonably, the new legislation would allow the judge to overrule the bank’s attempt at repossession. Under the current legislation, however, a judge has no option but to enforce a repossession order after a one-year moratorium runs out.

There is no suggestion in the proposed bill that the judge could compel the bank to accept the offer, but it would mean that banks should try to accommodate clients who are making reasonable efforts to repay the money loaned. It would leave it to the discretion of the judge to decide which side was acting reasonably — the borrower in trying to repay the loan, or the bank in seeking repossession in the existing circumstances.

Alan Shatter, the justice minister, has commended the “well intentioned and laudable” efforts of Mr Donnelly, who has accepted the minister’s request to withdraw the bill and engage in talks aimed at including elements of his own bill in the forthcoming Government bill on insolvency.

What Mr Donnelly has done is to force legislators to think and consider the legislation, which is the prime function of a deputy. He should be congratulated for his initiative.