Escolar Documentos
Profissional Documentos
Cultura Documentos
Staon
Nl
Adams, Gerry.
Barry, Mick.
Brady, John.
Broughan, Thomas P.
Buckley, Pat.
Collins, Michael.
Connolly, Catherine.
Coppinger, Ruth.
Crowe, Sen.
Cullinane, David.
Daly, Clare.
Doherty, Pearse.
Ferris, Martin.
Fitzmaurice, Michael.
Funchion, Kathleen.
Healy-Rae, Danny.
Healy, Seamus.
Kenny, Gino.
Kenny, Martin.
McGrath, Mattie.
Cowen, Barry.
Curran, John.
DArcy, Michael.
Daly, Jim.
Deasy, John.
Deering, Pat.
Doherty, Regina.
Donohoe, Paschal.
Doyle, Andrew.
Durkan, Bernard J.
English, Damien.
Farrell, Alan.
Fitzpatrick, Peter.
Flanagan, Charles.
Fleming, Sean.
Griffin, Brendan.
Halligan, John.
Harris, Simon.
Haughey, Sen.
Heydon, Martin.
Humphreys, Heather.
Kehoe, Paul.
Kelleher, Billy.
Kenny, Enda.
Lahart, John.
Lawless, James.
Lowry, Michael.
McConalogue, Charlie.
McEntee, Helen.
McGrath, Finian.
McGrath, Michael.
McHugh, Joe.
McLoughlin, Tony.
Madigan, Josepha.
Martin, Michel.
Mitchell OConnor, Mary.
Moran, Kevin Boxer.
Moynihan, Aindrias.
Moynihan, Michael.
Murphy OMahony, Margaret.
Murphy, Eoghan.
Murphy, Eugene.
Naughton, Hildegarde.
Neville, Tom.
Noonan, Michael.
Cuv, amon.
OCallaghan, Jim.
OConnell, Kate.
ODea, Willie.
ODonovan, Patrick.
ODowd, Fergus.
OLoughlin, Fiona.
ORourke, Frank.
Phelan, John Paul.
Rabbitte, Anne.
Ring, Michael.
Martin, Catherine.
Mitchell, Denise.
Munster, Imelda.
Murphy, Catherine.
Murphy, Paul.
Nolan, Carol.
Broin, Eoin.
Caolin, Caoimhghn.
Laoghaire, Donnchadh.
Snodaigh, Aengus.
OBrien, Jonathan.
OReilly, Louise.
Pringle, Thomas.
Quinlivan, Maurice.
Shortall, Risn.
Smith, Brd.
Stanley, Brian.
Tibn, Peadar.
Rock, Noel.
Ross, Shane.
Ryan, Brendan.
Scanlon, Eamon.
Sherlock, Sean.
Smith, Brendan.
Stanton, David.
Troy, Robert.
Varadkar, Leo.
Zappone, Katherine.
Tellers: T, Deputies Regina Doherty and Tony McLoughlin; Nl, Deputies Aengus
Snodaigh and Seamus Healy.
Question declared carried.
An Leas-Cheann Comhairle:
accordingly.
Staon
Nl
Aylward, Bobby.
Bailey, Maria.
Barrett, Sen.
Brassil, John.
Brophy, Colm.
Browne, James.
Coppinger, Ruth.
Crowe, Sen.
Cullinane, David.
Daly, Clare.
Doherty, Pearse.
Ferris, Martin.
Fitzmaurice, Michael.
Funchion, Kathleen.
Healy, Seamus.
Healy-Rae, Danny.
Kenny, Gino.
Kenny, Martin.
McGrath, Mattie.
Martin, Catherine.
Mitchell, Denise.
Munster, Imelda.
Murphy, Catherine.
Murphy, Paul.
Nolan, Carol.
Broin, Eoin.
Caolin, Caoimhghn.
Laoghaire, Donnchadh.
Snodaigh, Aengus.
OBrien, Jonathan.
OReilly, Louise.
Pringle, Thomas.
Quinlivan, Maurice.
Ryan, Eamon.
Smith, Brd.
Stanley, Brian.
Tibn, Peadar.
Burke, Peter.
Butler, Mary.
Byrne, Thomas.
Cahill, Jackie.
Calleary, Dara.
Canney, Sen.
Cannon, Ciarn.
Carey, Joe.
Casey, Pat.
Cassells, Shane.
Chambers, Jack.
Chambers, Lisa.
Corcoran Kennedy, Marcella.
Coveney, Simon.
Cowen, Barry.
Curran, John.
Daly, Jim.
DArcy, Michael.
Deasy, John.
Deering, Pat.
Doherty, Regina.
Donohoe, Paschal.
Doyle, Andrew.
Durkan, Bernard J.
English, Damien.
Farrell, Alan.
Fitzpatrick, Peter.
Flanagan, Charles.
Fleming, Sean.
Griffin, Brendan.
Harris, Simon.
Haughey, Sen.
Heydon, Martin.
Humphreys, Heather.
Kehoe, Paul.
Kelleher, Billy.
Kenny, Enda.
Lahart, John.
Lawless, James.
Lowry, Michael.
McConalogue, Charlie.
McEntee, Helen.
McGrath, Finian.
McGrath, Michael.
McHugh, Joe.
McLoughlin, Tony.
Madigan, Josepha.
Martin, Michel.
Mitchell OConnor, Mary.
Moran, Kevin Boxer.
Moynihan, Aindrias.
Moynihan, Michael.
Murphy, Eoghan.
Murphy, Eugene.
Murphy OMahony, Margaret.
Naughton, Hildegarde.
Neville, Tom.
Noonan, Michael.
Cuv, amon.
OCallaghan, Jim.
OConnell, Kate.
ODea, Willie.
ODonovan, Patrick.
ODowd, Fergus.
OLoughlin, Fiona.
Phelan, John Paul.
Rabbitte, Anne.
Ring, Michael.
Rock, Noel.
Ross, Shane.
Ryan, Brendan.
Scanlon, Eamon.
Sherlock, Sean.
Smith, Brendan.
Stanton, David.
Troy, Robert.
Varadkar, Leo.
Zappone, Katherine.
Tellers: T, Deputies Seamus Healy and Brd Smith; Nl, Deputies Regina Doherty and
Tony McLoughlin.
Amendment declared lost.
SEAMUS HEALY TD CALLS FOR AN
END TO EVICTIONS AND FORMAL
DECLARATION OF A HOUSING
EMERGENCY
Government Must End Pretense of Concern and
Hypocrisy
Speech on Planning Development (Housing) and
Residential Tenancies Bill 2016
Video Link
From Official Dil Record 07/12/2016
Deputy Seamus Healy:
In the short time available to me, I will address in the main the
residential tenancy aspects of the Bill. The Bill is a pretence. It purports to give protection
to tenants when properties in which there are existing tenants change ownership. Cruelly
and grotesquely, it provides that where a landlord can get 20% more money with vacant
possession in the sale, the tenants must leave. It also provides that if apartments are sold in
lots of under 20, the tenants have to go. I understand that this number has been reduced to
under five by a Seanad amendment. However, 80% of tenants evicted from apartments are
evicted by landlords with under five rental properties. In a word, the Bill continues the
cruel system under which tenants are evicted when rental properties are sold. The
Government continues to put the rights of property owners over the right to home. It is
fast-tracking evictions in the Courts Bill, which is also before this House. The largest
single group among the homeless has previously been in private rented accommodation.
This Bill will ensure that this continues.
I will be proposing the amendment suggested by Focus Ireland, the homelessness charity.
The amendment provides tenants in buy-to-let properties will continue in residence despite
the sale of the property in all circumstances. Focus Ireland, the leading charity working
with homeless families and those facing homelessness, says up to 20 families are
becoming homeless each month simply because their buy-to-let landlord has been forced
to sell by his or her bank. This means that 40 children every month are losing their homes
and joining the record 1,200 families who are already homeless across the country.
Along with escalating rents, these evictions are one of the leading causes of family
homelessness. There are hundreds, if not thousands, more families waiting to face the same
trauma. According to the Central Bank, there are a further 15,000 buy-to-let mortgages that
are more than two years in arrears. Whether they know it or not, all tenants in these
properties are at risk of eviction. Other countries have found solutions to this. Just up the
road, in the North, banks that repossess a buy-to-let property are prohibited from evicting
the tenant. We must do the same. If the Focus Ireland amendment is passed, the grotesque
escape clauses in this Bill enabling eviction of buy-to-let tenants will fall.
I will also be proposing the formal declaration of a housing emergency by Dil ireann.
This would put the right of families to a home above the property rights of vultures and
other landlords. Landlords and the Minister for Finance would then be unable to block a
halt to convictions and be unable to block a halt to rent freezes by citing a qualified right to
private property in the Constitution, which is of course subject to the public good. The
Government itself has formally certified the continuation of a financial emergency as
recently as June of this year to enable it to continue with pay and pension cuts under
FEMPI legislation. The Minister for Housing, Planning, Community and Local
Government, Deputy Coveney, has said that a housing emergency exists. My amendment
would formally declare that to be the case. The Taoiseach has asked the European Union to
relax the provisions of the EU fiscal treaty to enable borrowing to build social housing but
he has not declared a formal housing emergency at home. Of course, the European Union
knows the Irish Government is only going through the motions because a housing
emergency has not been declared. I noted over the weekend that the Minister for Finance,
Deputy Noonan, called on the European Union to give flexibility under the fiscal treaty at
the EU Finance Ministers meeting. He and the rest of the Government can now show they
are serious by formally declaring the housing emergency. It is time for an end to pretence
and hypocrisy. We must halt evictions for mortgaged and rented properties as a first step in
Explanation
If tenants and mortgage holders could not be evicted in future, the value of property in
dwellings would fall sharply. NAMA would get far lower sale price for blocks of
apartments. Vultures who have already bought apartment blocks would make far less
profit. Banks, including state-owned AIB and PTSB would be worth far less as their loan
books would fall in value. Under the Eu Fiscal Treaty which cedes all Irish economic
sovereignty, the state debt to GDP ratio must be progressively reduced. FF/FG/Lab have
no intention of doing this by taxing the huge assets of the Irish rich.(See Irish Super-Rich
Awash with Money in another post on this blog.) Instead they hope to do it by selling off
Irish assets and using the proceeds to repay debt. Already the Dundrum and ILAC centres
are in majority foreign ownership as are many shopping centres and much commercial and
other property throughout the country. The government intends to sell off AIB, PTSB, EBS
and use the proceeds to pay down state debt. It also wants to sell off its shareholding in
other banks for the same purpose. Consequently it wants to keep interest rates on
mortgages and loans to small business kept very high by European standards. It wants the
value of bank loan books kept high by accelerating evictions so that banks can recover
distressed bank loans.(AIB has reduced its bad debts by 18.4bn since the peak in June
2013 a reduction of 63pc over the three years.This leaves 10.8 billion of impaired loans
on its books to-day). Government is also accelerating the sell-off of properties owned by
the state through NAMA.
It is in the interest of the Irish Government and the very rich Irish whose interest it
represents to accelerate repossession of dwellings and the eviction of residents.
The Land and Conveyancing Act 2013, introduced by Fg-Lab, was a major step in the
acceleration of evictions of tenants and distressed home owners. It transferred the majority
of repossession cases from the slow and clogged-up High Court to the county Circuit
Courts. However a case was taken to the high court against Permanent TSB by a borrower
and the court reluctantly ruled that the Circuit Court had no Jurisdiction (right to rule) in
a whole series of cases involving commercial property and buy-to-let dwellings.
This judgement known as the Hogan Judgement would slow up repossessions and
consequent eviction of tenants if not altered. The Government acted quickly through the
initiation in the Dil of the Courts Bill 2016 to restore the jurisdiction to the Circuit Courts
which had been removed by the Hogan Judgement. It was generally believed that this was
the means by which the government intended to restore the pace of eviction of tenants.
The amendments tabled by Seamus Healy TD (carried below) were designed to formally
declare a housing emergency, to halt evictions and to resist the intent of government to
speed them up.
Amendments were to be given detailed consideration at the Committee Stage of the Bill on
Dec 1, 2016.
However the Committee Stage of the Bill was adjourned because it was discovered that
Government through PTSB, which it owns, was seeking to speed up evictions by appealing
to the Supreme Court to strike down the HOGAN JUDGEMENT at the same time as it
was proposing the Courts Bill in the Dail for the same purpose-That is speeding up
evictions.
For some reason the Government must fear that the Bill alone will not be effective in this
regard. Hence it is attempting to use a twin-track approach.
The government is pretending that it was unaware of the Supreme Court Appeal though
this was reported in Irish Times on November 17.
Department of Finance, headed by Minister Michael Noonan, has a special banking affairs
section. It is not credible that Noonan was unaware of the Appeal
The majority of the Oireachtas Committee reused to continue to discuss the Bill and the
session was adjourned
(1)Dil Eireann formally declares that a housing emergency exists in the state and
while this emergency continues the right of any person to remain in the dwelling in
which the person currently resides will take precedence over any property right of
any other person including that of landlords
Accordingly no court or other authority shall order the removal of the current
occupant of a dwelling or by its decisions enable such removal notwithstanding the
provisions of any Act currently in force including the provisions of the Land and
Conveyancy Act 2013
The housing emergency declared in this section can only be terminated by a vote of
Dil Eireann and government including any minister of government are precluded
from annulling the housing emergency without approval in such a vote
and renumber existing sections accordingly
There are 650 family court appearances a week, and experts have predicted there will be
this many into next year.
It came amid claims of a significant escalation in enforcement orders since the middle of
the summer.
The Sunday Independent has learned more than 2,000 cases will come before the courts in
the next five weeks placing stress on families before the festive season.
New Beginning a group of lawyers providing representation for those facing
repossession said 100 cases on average are being heard a month in Limerick, with the
figure for Cork running at 200.
In Meath, 150 cases are being heard on average each month, with 100 in Tipperary, 46 in
Kilkenny, 88 in Mayo, and 83 in Kerry. Central Bank figures have revealed the number of
repossessions of a primary dwelling home has dramatically increased in the past four
years.
In 2015, 726 homes were repossessed. This compared with 315 dwellings seized by banks
and financial institutions in 2014, and 251 in 2013.
In the first six months of this year, 240 homes were retaken by financial institutions.
Founder of New Beginning Ross Maguire said there had been a marked escalation in
enforcement orders in recent months. He added: There is a cohort of people in the country
who, no matter what they do, cannot afford their mortgage, and are facing inevitable
repossession.
David Hall, director of the Irish Mortgage Holders Organisation, said the system is
failing families grappling with mortgage debt. He called on Housing Minister Simon
Coveney to declare a national emergency on the issue.
He said: There are 34,000 cases in arrears of more than two years and 59,000 between
one and two years.
Question put:
The Dil divided: T, 92; Staon, 0; Nl, 42.
T
Aylward, Bobby.
Bailey, Maria.
Barrett, Sen.
Brassil, John.
Breathnach, Declan.
Brophy, Colm.
Browne, James.
Bruton, Richard.
Burke, Peter.
Burton, Joan.
Butler, Mary.
Byrne, Catherine.
Byrne, Thomas.
Cahill, Jackie.
Calleary, Dara.
Canney, Sen.
Cannon, Ciarn.
Carey, Joe.
Casey, Pat.
Cassells, Shane.
Chambers, Jack.
Chambers, Lisa.
Collins, Niall.
Corcoran Kennedy, Marcella.
Coveney, Simon.
Creed, Michael.
Curran, John.
DArcy, Michael.
Daly, Jim.
Deasy, John.
Deering, Pat.
Doherty, Regina.
Dooley, Timmy.
Doyle, Andrew.
Durkan, Bernard J.
Farrell, Alan.
Fitzpatrick, Peter.
Flanagan, Charles.
Fleming, Sean.
Gallagher, Pat The Cope.
Griffin, Brendan.
Harris, Simon.
Harty, Michael.
Haughey, Sen.
Heydon, Martin.
Howlin, Brendan.
Humphreys, Heather.
Kehoe, Paul.
Kelleher, Billy.
Kelly, Alan.
Kenny, Enda.
Kyne, Sen.
Lahart, John.
Lawless, James.
Staon
Adams, Gerry.
Barry, Mick.
Boyd Barrett, Richard.
Brady, John.
Broughan, Thomas P.
Buckley, Pat.
Collins, Joan.
Collins, Michael.
Connolly, Catherine.
Coppinger, Ruth.
Crowe, Sen.
Cullinane, David.
Daly, Clare.
Doherty, Pearse.
Ellis, Dessie.
Ferris, Martin.
Fitzmaurice, Michael.
Funchion, Kathleen.
Healy, Seamus.
Kenny, Gino.
Kenny, Martin.
McDonald, Mary Lou.
McGrath, Mattie.
Martin, Catherine.
Mitchell, Denise.
Munster, Imelda.
Murphy, Catherine.
Murphy, Paul.
Nolan, Carol.
Caolin, Caoimhghn.
Laoghaire, Donnchadh.
Snodaigh, Aengus.
OBrien, Jonathan.
OReilly, Louise.
OSullivan, Maureen.
Broin, Eoin.
Quinlivan, Maurice.
Ryan, Eamon.
Shortall, Risn.
Smith, Brd.
Stanley, Brian.
Wallace, Mick.
Nl
MacSharry, Marc.
McConalogue, Charlie.
McEntee, Helen.
McGrath, Finian.
McGrath, Michael.
McGuinness, John.
McLoughlin, Tony.
Madigan, Josepha.
Martin, Michel.
Moran, Kevin Boxer.
Moynihan, Aindrias.
Murphy OMahony, Margaret.
Murphy, Dara.
Murphy, Eoghan.
Murphy, Eugene.
Naughton, Hildegarde.
Neville, Tom.
Cuv, amon.
OCallaghan, Jim.
OConnell, Kate.
ODea, Willie.
ODonovan, Patrick.
ODowd, Fergus.
OKeeffe, Kevin.
OLoughlin, Fiona.
ORourke, Frank.
OSullivan, Jan.
Penrose, Willie.
Phelan, John Paul.
Rabbitte, Anne.
Ring, Michael.
Rock, Noel.
Ross, Shane.
Scanlon, Eamon.
Sherlock, Sean.
Smith, Brendan.
Troy, Robert.
Varadkar, Leo.
Tellers: T, Deputies Regina Doherty and Tony McLoughlin; Nl, Deputies Aengus
Snodaigh and Jonathan OBrien.
Question declared carried.
FORMAL DECLARATION OF
HOUSING EMERGENCY NEEDED TO
REDUCE OUTRAGEOUS MORTGAGE
RATES
MINISTER NOONAN OPPOSES MOVE
TO REDUCE RATES BY CITING
PROTECTION OF PROPERTY RIGHTS
Dil Report
Mr McGrath(FF) said banks here are being allowed by the Central Bank to charge
borrowers up to 5% when they themselves are accessing the money at close to 0% rates.
Real constitutional issues will need to be considered as this Bill is further progressed by
the Oireachtas. As it is drafted, the Bill will clearly impact on the existing property rights
of some creditors, Minister Noonan (FG) said.
https://wuag.wordpress.com/2016/10/19/housing-crisis-and-failed-clonlara-eviction/
Deputy Seamus Healy: The proposals in respect of social housing in this budget are
grossly inadequate. Housing is a fundamental right of human beings but shamefully the
Taoiseach has written to the EU seeking permission to borrow the money required to build
social housing. Ireland does not have the sovereignty to house its own people.
There are 140,000 people on local authority waiting lists and in the first four months of this
year an additional 3,527 have been added to that figure. This probably underestimates the
situation because people now availing of the housing assistance payments, formerly rent
supplement, are being removed from local authority lists. We need an emergency house
building programme of at least 10,000 houses per year to address this situation. The
Governments target of 47,000 houses to be provided between now and 2021 will fall far
short of dealing with the problem. In 2021 we will be, as we are today, in a housing crisis.
There is an absolute necessity to declare a housing emergency. The Minister for Housing,
Planning, Community and Local Government, Deputy Coveney, said publicly in July that
he believed we had a housing crisis. The Minister for Public Expenditure and Reform,
Deputy Donohoe, signed off on an emergency measure to ensure that public service
pensioners were deprived of their pensions under the Financial Emergency Measures in the
Public Interest Act 2015 but this Government refuses to declare a housing emergency
which is absolutely necessary to halt evictions generally and in rented and mortgaged
properties. The Government, through the banks it owns, Allied Irish Banks, AIB, and
Permanent TSB is effectively allowing evictions. It is also allowing them through other
banks, and landlords, including vulture funds. These evictions are continuing. As a result,
many unfortunate families have been devastated by suicide.
A shocking eviction was attempted last week in Clonlara in County Clare. I demand that
the Minister for Justice and Equality instruct the Garda to investigate the conduct of
security companies at that failed eviction of a family. Will the Minister establish what
security companies were involved and did those security firms possess an execution order
for taking possession of that family home? Did they present an execution order to the
owners of the property? If they had no execution order or did not present it to the family,
were they guilty of trespass? Were all the security firms involved in this horrific event
licensed according to the law? Had all the individuals involved in this attempted
repossession legal authority for their actions? Were all the individuals registered
employees of the security firms. Were children unlawfully detained during that incident?
Were all involved acting on behalf of the Bank of Ireland in which the State has a
significant shareholding? This was a shocking and horrific attempted eviction. Thankfully,
it failed. In a year when we celebrate the 100th anniversary of 1916, when we promised to
cherish all the children of the nation equally, what would Pearse and Connolly and the
signatories to the Proclamation think of the eviction battering ram of 2016?
I compliment the family, their friends and neighbours, and the anti-eviction task force
which successfully stopped this eviction. People power stopped this eviction. People
power will force this Government to stop evictions and to declare a housing emergency.
The sooner the Government does that, the better.
It suggests there may be a case for the entry of foreign banks into the Irish retail banking
sector.
CLARE FM WEBSITE
After an initial investigation it was discovered that Horgan-Skehan who was clearly
witnessed to be in attendance at the attempted eviction is not registered with the Private
Security Authority (PSA) under either of her assumed surnames. Another individual who
goes by the name of John McShera and who is living in Boyle, County Roscommon was
later identified as one of the security personnel from his Facebook profile and by witnesses
on the ground and is alleged to be unregistered with the PSA under that name.
Another member identified on social media and by witnesses at the scene was named as
Anthony Hobbs from Kerry. Hobbs is alleged to be unregistered with the Private Security
Authority under that name.
Another individual clearly identified at the scene was named as Czech national, Roman
Fako. Although Fako is registered with the Private Security Authority, it is understood
from sources that information pertaining to his licence has been passed to the Private
Security Authority.
Other members of the security team have now taken down their Facebook pages after they
were identified by eyewitnesses at the scene. However ongoing investigations are
continuing into confirming their identities.
NO ID WORN BY SECURITY
None of the security personnel wore any form of PSA issued ID card and had refused to
identify themselves when questioned. Witnesses have indicated that they will be making
complaints to the PSA about Nightsafe Security Services Ltd and their sister company
Active Security Management Ltd, a company that Horgan-Skehan claims that she also
works for, according to her Facebook page.
THREATS
It is further alleged that Horgan-Skehan when contacted by telephone by an individual who
had been at the eviction attempt claimed that she has now resigned from the company and
that G4S Security has taken over and that there would be 40 people sent from G4S to take
the house back. No one from G4S turned up at the site.
On Saturday evening, in a telephone call with an individual who was on scene, Vina
Horgan-Skehans sister had made claimed that Horgan-Skehan was in hospital and that she
was distressed and suicidal. The sister went on to claim that everyone blocking the
eviction would be held liable if Vina Horgan-Skehan was to commit suicide.
She also claimed that Garda have all of the names and that arrests would be made. She
went on to state that the Sunday World was going to do a story on the individuals who
were present at the scene.
However, claims were made by eyewitnesses that Vina Horgan-Skehan was heard and seen
to physically threaten a female bystander with actual bodily harm and that she (HorganSkehan) had allegedly shouted to the bystander that she would dig the head off her.
It was further noted and observed that Horgan-Skehan had used threatening language in a
Facebook private message sent to one individual who had been at the scene and in which
Horgan-Skehan was seen to have threatened an individual with words to the effect of Get
your facts right, the guards will be dealing with you and I have your address, youll be
dealt with.
It is alleged by eyewitnesses that Vina Horgan-Skehan took an active part in the eviction
attempt as seen on the many videos circulating on social media. It was further alleged that
Horgan-Skehan was seen back at the property later that night (Saturday) by witnesses who
were still on scene.
The directors of Nightsafe Security Services Ltd and a sister company Active Security
Management Ltd were contacted for a response. A man calling himself Ian refuted any
allegations put to them in regard to their legality of their actions at the scene. He also
refuted allegations made by Horgan-Skehan that G4S were now the new owners of Active
Security Management Ltd. When it was pointed out that they were using unlicenced
operatives in evictions, Ian refused to engage any further after an initial denial of same
and ended the call.
Nightsafe Security Services Ltd/Active Security Management Ltd has failed to reply to
emails sent to their office.
CONFUSION OVER COMPANIES AT THE SCENE
There was some confusion in the initial stages as to which security company or even how
many security companies was involved. AOC Specialist Services of Ratoath, Co. Meath
were contacted for clarification as to their role in the eviction. They have not responded to
any telephone calls made to their company.
It should be noted that AOC Specialist Services acting on behalf of Bank of Ireland
employed ex-detective Garda Michael Murphy at a previous attempt at an illegal eviction
in Corofin County Clare some months back.
Murphy has now lodged an affidavit into the courts claiming that he was obstructed from
carrying out his duty as agent for the bank and is looking for a committal order against an
Anti-Eviction Taskforce member and the home owner Tommy Collins. This was the
attempted eviction where the security men wore balaclavas and taped up the registrations
of their cars in a misguided attempt to hide their identities.
Another company named for its part in the latest eviction was Dwellguard owned by John
Murray and based in Ballincollig in County Cork. Dwellguard supplied and fitted the
shuttering on the family home. Murray was not available for comment at the time of
publication.
Sources have indicated that allegations are now being made that the some of the security
personnel were being paid cash in hand as they are not employees of some of the
companies named here. These same sources have indicated that they have bought the
matter to the attention of the Revenue Commissioners and the Department of Social
Protection.
The Department of Social Protection now have opened an investigation into certain named
individuals who were part of the security team.
NAME AND SHAME CAMPAIGN
Meanwhile, anti-eviction activists throughout the country have vowed to step up the
campaign to publically name and shame companies and individuals actively involved in
evictions anywhere in the country. In a chilling warning, a spokesman for the groups
involved, stated that any companies or individuals who take part in any eviction attempt on
a family home would be named and shamed not just on social media but in other more
visible and public ways.
GARDAI ON SCENE
According to eyewitnesses, Garda only attended the scene after as they had received a
report of an incident on Saturday but did not appear to get involved in any real effort to
assist the security companies. Garda left the scene shortly thereafter and did not return.
Later on Saturday afternoon, family members, neighbours and friends peacefully removed
the security companies occupying the premises and regained possession of the family
home.
THE AUTHORITIES NEED TO GET TOUGH
In what is becoming glaringly obvious, security companies are using unregistered
individuals while hoping not to get caught in the act. The Private Security Authority need
to be seen to be strictly enforcing the law surrounding the misuse of licences or in many
cases the enforcement of the law on security companies that use unlicenced people as
appears to be the case in this story. It further appears and is alleged that criminals from
other countries are routinely slipping through the vetting process and are obtaining licences
using false personal details.
The security industry already has a bad name and its about to get a lot worse. This is a
nightmare scenario for any law abiding security company trying to rise above the severely
tarnished image presented by security companies who have a lot less regard for the law.
Banks must also be taken to task in regards to their liability in using unlicenced operators,
and legal action needs to be taken against them accordingly for shirking their responsibility
in the matter. It is now quite clear that the law is being flouted by some security companies
and the banks jointly, and wholeheartedly supported by a very questionable judicial system
operating on the Circuit Court level.
It seems incredulous that the security industry still has its cowboys even after the big clean
up by the Private Security Authority. It would make sense for the law abiding security
companies to push the cowboys out of the market and help mop up what is essentially an
important industry mainly populated by decent people just looking to make a clean living.
EVICTIONS NOW
The Government should urgently seek flexibility from the European Commission on the
application of the EU fiscal rules to the financing of social housing
Surprise! Surprise! There is no halt to evictions (even on a temporary basis) in Minister
Coveneys housing plan. Unfortunately Sinn Fin and Independents 4 Change(Mick
Wallace, Maureen OSullivan) went along with this easily rejected recommendation. (The
same attorney general had advised Alan Kelly against it)
Shamefully, Taoiseach Enda Kenny has written a letter to EU seeking flexibility under the
Fiscal Treaty which would give permission to Ireland to borrow money to build social
housing for the Irish People! This permission has not been given.
Government has also consulted its own the Attorney General, Labours M. Whelan but
evictions have continued.
Hence, the government can claim to have complied with two key recommendations of
the Committee. But the evictions and the suicides continue.
The anger at the continued evictions is more than justified. However, my bother Seamus
Healy TD(Tipperary) has repeatedly called in the Dil for the formal declaration of a
housing emergency and a total halt to evictions. The formal declaration of a housing
emergency is required to overcome the qualified protection of the private property of banks
and landlords in the constitution.
But Government,itself, continues to evict people through banks owned by state (AIB,
PTSB, EBS)
Recommendation on Evictions
Subject to advice of the Attorney General, the Government should introduce legislation
for a moratorium on home repossessions until such time as the Governments proposals
are in place.
Commission Fails to recommend a formal declaration of a housing emergency by
Government!!!!! This will enable banks an landlords to continue evictions despite the spin
in the Commission Report
Even the Minority Report by Ruth Coppinger TD, Socialist Party, fails to call for the
formal declaration of a housing emergency by the Dil
Oireachtas Committee on Housing and Homelessnes-Majority Report
http://www.oireachtas.ie/parliament/media/committees/32housingandhomelessness/FinalReport-.pdf
MINORITY REPORT
http://antiausterityalliance.ie/wp-content/uploads/2016/06/Housing-doc-2.pdf
The Minority Report makes some very good points, particularly pointing out that the
FISCAL TREATY must be broken to enable the state to invest in housing. But the
advocacy of a referendum to change the constitution on property rights and the right to a
home, however laudable, is not an emergency measure. It is no substitute for the
immediate formal declaration of a national housing emergency by government to enable
legal interference with property rights in order to implement emergency measures
including a halt to eviction proceedings.
The Majority Report fails to call for breaking of the FISCAL TREATY in order for the
state to build adequate numbers of social houses. Not alone does it put those facing
repossession in the hands of the Attorney General(a member of the government), Chair
Curran(FF) has explained that the moratorium on evictions would only be a short term
measure for a few months. It would last until government put in place the governments
(inadequate) measures on debt resolution.
To make things worse, The Fianna Fail Finance Spokesperson, Deputy Michael McGrath
says in the Irish Examiner(18/06/2016) says that the recommendation to pause
repossessions is unworkable and SOMETIMES KEEPING THE HOUSE IS NOT THE
BEST ANSWER. In an interview with the Irish Examiner, Mr McGrath said losing the
home and starting again may be best for some people who can no longer afford to remain
where they are.Michael McGrath TD
Independents4Change was represented on the Commission by Deputies Mick Wallace and
Maureen OSullivan. Following the failure of I4C to support an amendment strengthening
the Workers Rights Bill put down by AAA-PBP, its complete acceptance of the grossly
deficient report is leading to queriess as to where it is headed politically.
Sinn Fin took the same position as I4C. A piece by Eoin Broin SF (member of the
Commission) in the Irish Independent 18/06/2016 points to no deficiencies in the report
and is quite complimentary of its FF and FG members.
http://www.independent.ie/opinion/analysis/cowen-detached-durkan-rambled-but-reportshows-tds-agree-cure-34812099.html
The acceptance of the Fiscal Treaty by Sinn Fin has a particular significance. The Treaty ,
in effect,removes the fundamental right of the government to provide housing for all
citizens. How far has Sinn Fin travelled since Coimhn Caolain TD opposed the Treaty
in the Dil on the grounds that it flies in the face of the 1916 Proclamation in its
undermining of Irish sovereignty?
Even after FF through Finance Spokesperson Michael McGrath pulled the rug on the
moratorium on evictions recommendation , Eoin OBroin (SF) wrote in an opinion piece in
Sunday Business Post 19/06/2016
The Committee also called on the government to urgently request flexibility
from the European Commission on the application of fiscal rules for investment
in tackling the crisisthe strength of the Report lies in the fact that all but one of our 14 members
signed up to the final recommendations.
There is now strong support across the political spectrum for greater state
involvement in the provision of social housing, the regulation of the private
rental sector and targeted measures to meet the housing needs of those most
neglected by past policies
Coming from a professed republican, the request for permission from the EU to put roofs
over the heads of the Irish people is very strange. The notion of FF, FG who have always
favoured the rich, genuinely working to solve the crisis is at best naive.
Alan Kelly TD (Labour) gave evidence to the Commission on constitutional obstacles to
solving the housing crisis. (The protection of private property in the constitution is not
absolute-it is subject to right of government to provide for the common good). Kelly was
effectively quoting the Attorney General who continues in the new government. It is
important to note that Brendan Howlin(Labour) who was also a minister in the outgoing
government claimed to have overcome the constitutional obstacle to confiscating private
property in pensions in the FEMPI ACT by a formal declaration of a Financial Emergency
by Government and the laying of a document certifying continuation of the Financial
Emergency every year.
My conclusion from the evidence of Alan Kelly (below) is that the outgoing FG-Lab
government was not prepared to formally declare a national housing emergency and to lay
the documents before the Oireachtas. FG-Lab put the rights of property before the common
good. It continued evictions, including evictions by banks it owns.
required. The government can simply issue an instruction to the banks it owns. If the bank
refuses to comply the Minister can call a special general meeting of shareholders in order
to put in place directors who will carry out the instructions of the owners. The Framework
Agreement between Government and Banks is a purely informal, non-legally binding
arrangement.
But, of course, all evictions should be banned in this emergency. This would require
emergency legislation which could be completed in one day.
It would also be important for government to formally declare a housing emergency
and to lay a document before both houses of the Oireachtas certifying that the
emergency exist. This would prevent landlords and banks blocking the
implementation of the legislation by attempting to invoke the constitutional
protection of private property which is limited by the necessity to provide for the
common good.
I and my allies will hold each member of the Oireachtas Committee responsible for future
evictions who assents to recommendations of the Committee which do not include the
emergency prohibition of all evictions until the housing and homelessness crisis has been
resolved.
Government is about to lay a document before both houses by June 30 which will certify
that a Financial Emergency continues to exist. This, it believes is necessary in order to
protect confiscation of private property in public service pensions from constitutional
challenge.
Yours sincerely
Paddy Healy
88 Griffith Court, Fairview, Dublin 3
086-4183732
PS I was very disappointed by the decision of the Committee not to invite The Hub
Ireland and Mr Ken Smollen to address you
Your Recommendations will be discussed at a public conference of anti-eviction activist to
be held in Killeshin Hotel Portlaoise before the end of this month-PH
EVICTIONS: Borrow the money immediately to build the houses and rescue the
homeless! Dont ask the EU. TELL the EU that the government is doing it, he said.
Italy, Spain, Portugal and other countries are ignoring the Fiscal Treaty when it suits them.
We should do the same!
PHONE NO 01-5349118
Oaktree is a very large US-based distressed-debt firm that has bought up many of the
mortgages sold by the Government.
Until recently, we didnt know how big the discounts were that the State was selling
peoples mortgages at. Mars Capitals newly filed 2015 accounts show they paid 42
cent in the euro.
Sarah and Dominics mortgage was about 350,000, so Mars Capital got it for about
140,000 an amount the couple could have afforded. Instead, they still owe the full
350,000 to Mars Capital and face the prospect of eviction.
It gets better (or worse if you are Sarah and Dominic, or an Irish taxpayer). Mars
bought these 1,400 mortgages for 155m. About half of this was financed by a loan
from Citibank, with the remaining 80m being, presumably, the funds managed by
Oaktree Capital. The 2015 accounts of Mars Capital forecast that this 80m
investment will harvest almost 400m (net of the Citibank loan) in mortgage interest
and principal repayments (so thats the 80m back, plus almost 320m extra, less
administration costs). And this is just Mars Capitals first estimate. It assumes a level
of non-payment on the mortgages they bought. But as the Irish economy recovers and
payment rates improve, profits could become much higher.
In May 2014, Ireland was borrowing 10-year money at 2pc. Mars Capitals accounts
show them earning 14pc on their 80m, just taking into account mortgage interest
payments, from the likes of Sarah and Dominic. Why sell an asset yielding 14pc when
your cost of funds is 2pc? The Irish State could have given every one of those Irish
mortgage holders a 60pc discount on their loan and still have made 14pc per annum
in repayments. Wasnt Nama set up to do this?
However, it gets even better (and definitely worse, if you are an Irish taxpayer). The
funds managed by Oaktree Capital Management seem to be accounted for in Mars
Capital as notes.
Essentially, the 80m was loaned to Mars Capital, and Mars must pay it back, plus
interest. The interest on these notes is set at 10pc + variable residual.
In other words, the interest payable on the 80m can be hiked to soak up any, and
all, profit Mars Capital makes.
The accounts of Mars Capital clarify that these notes will suck nearly all of the profits
(interest and capital) from the company in excess of the Citibank loan. The 2015
accounts claim exactly 1,000 as taxable profit, while paying millions in interest on
the notes.
This tax-management structure is similar to what is used by some multinationals
based in Ireland. Often, such notes are registered in an offshore zero-tax location
such as the Cayman Islands, where their note interest payments are made and
accumulate tax-free, and get lent back to the parent as needed. As such, the profits
are taxed neither in Ireland, nor in the US.
Irish accounting and legal firms provide the expertise to the multinationals to help
them minimise their tax obligations. So what? Sure arent they providing jobs here?
Well yes, they are.
But if that same expertise is now being used to help foreign investment firms suck
huge profits out of Ireland without paying tax on them, then were all worse off.
We dont know where are the loan notes of Mars Capital located. We do know, from
Oaktrees US SEC annual filings, that many of their funds linked with European
distressed debt (ie Sarah and Dominics mortgage), are listed in the Cayman Islands.
So, if the Mars Capital notes happen to have been issued by an Oaktree Capital fund
located in the Caymans (and we have no evidence that they are), and if the interest on
the notes is adjusted in a way that leaves Mars Capital with very little taxable profit
(say the 1,000 filed for 2015), then not only will the State have missed the
opportunity to retain hundreds of millions of euro of value (and maybe spare Sarah
and Dominics family the threat of eviction), it would also be the case that none of the
profits will be taxed in Ireland.
To be clear tax avoidance is, by definition, legal (as opposed to tax evasion, which is
illegal). There is no suggestion that Mars Capital, or Oaktree Capital, have done, or
are doing, anything illegal. They are clever investors who saw an opportunity and
took it if they are structuring their investments to minimise tax obligations, then
they are acting rationally. The Irish Government, however, is not.
If very little tax ends up being paid in Ireland on the Mars Capital deal, the tax
leakage could reach well over 50m. And this is a very small deal in the scheme of
things if other investment firms have structured their affairs to avoid paying taxes
here, the total missed tax take will be in the hundreds of millions, conservatively.
Why did the Government not seek assurances from all foreign bidders that their
structures would ensure they pay fair Irish tax on their Irish-generated profits? If
some bidders organised themselves to move their profits offshore, did the Irish
Government know? Did the investment firms seeks assurances from the Government
that any proposed off-shoring of profits would be acceptable? Just how complicit is
the Government in what could be large-scale tax avoidance on profits earned off the
backs of ordinary families trying to recover from the collapse?
Best little country to do business in? I doubt Sarah and Dominic would agree. Neither
would those using our underfunded public services and infrastructure.
01-5349118
#thehubirelandrepealtheevictionbill
Dont suffer in silence.
There is help in hand.
It is FREE.
Stay in your homes.
If anybody tries to charge in our name, they are
scamming you.
Get a receipt
Please share as you never know who might need our
help.
Thank you.
Seamus Healy TD Supports the Call by THE HUBIRELAND to Repeal the Land and Conveyancing Act,
2013
Seamus voted against The Land And Conveyancing Act
(2013)
Seamus Healy repeatedly Called for a Halt to Evictions
and the Declaration of a Housing Emergencyin the Dil
Irish Times:Minister Noonan Replies to Seamus Healy on
Evictions
Minister says no political interference in bank decision,
but progress being made
Irish Times Thu, Jan 14, 2016
Marie OHalloran
Minister for Finance Michael Noonan: I appreciate that its very hard on people. I
appreciate people have lost their jobs and I appreciate how upset people are.
Banks have been dealing with the issue of home repossessions reasonably well,
according to Minister for Finance Michael Noonan.
He said this idea of tens of thousands of houses being repossessed is just not correct.
Mr Noonan said I appreciate that its very hard on people. I appreciate people have lost
their jobs and I appreciate the concerns and I appreciate how upset people are.
But in a very extreme situation its been handled reasonably well by the banks.
He was responding to Independent TD Samus Healy who asked Mr Noonan, as the
majority shareholder in AIB and its subsidiary EBS as well as the majority
shareholder in Permanent TSB, to call a meeting of the boards of the banks and to
instruct them not to repossess family homes.
He said that if the bank directors would not agree to that then sack those members.
You have the power to do that as majority shareholder.
There are thousands of families in this country, irrespective of what you say
Minister, facing homelessness by these banks, of which the Government is a majority
shareholder.
Mr Noonan said a relationship framework had been agreed by the Governments
predecessors in office that the political side will not interfere in commercial decisions
and they did not want to politicise the banks.
It would be a very sad day for the country if you were looking for a loan and your first
port of call had to be your local TD rather than the bank manager.
He said 207 houses were repossessed on foot of court order and that is not the 10s of
thousands of houses thats sometimes recited on the commentary on this.
He said 121,000 mortgages on private dwellings had been restructured and the success rate
was 86.6 per cent.
So progressively the problem is being solved.
Mr Noonan said statistics from the Central Bank showed that in the third quarter of 2015
(July, August and September) legal proceedings were issued in 1,687 cases of private
mortgages.
There were 798 cases where court proceedings concluded but arrears remained
outstanding and the court granted a repossession order in 329 cases.
A total of 422 properties were taken into possession by lenders during the quarter and 215
were voluntary.
Its a very small amount to go through the system and since the changes were made by the
Minister for Justice and that the money and Budgeting Advice Service are assisting people
before the courts that will diminish even further, Mr Noonan added.
Jan 18 2016
Senior Minister Alan Kelly (Lab) and Minister of State Hayes(FG) must now intervene
at Cabinet to have a Housing Emergency Declared and all repossession applications
withdrawn.
In particular they must force Minister Noonan to withdraw the repossession applications
by the banks he owns.
Land and Conveyancing Act 2013
Second Stage
T
Richard Bruton
Joan Burton
Ray Butler
Jerry Buttimer
Catherine Byrne
Eric Byrne
Ciarn Cannon
Joe Carey
Paudie Coffey
Michael Conaghan
Sen Conlan
Paul Connaughton
Ciara Conway
Ciara Conway
Michael Creed
Jim Daly
John Deasy
Jimmy Deenihan
Pat Deering
Robert Dowds
Bernard Durkan
Damien English
Alan Farrell
Frank Feighan
Peter Fitzpatrick
Charles Flanagan
Terence Flanagan
Eamon Gilmore
Brendan Griffin
Dominic Hannigan
Noel Harrington
Martin Heydon
Phil Hogan
Brendan Howlin
Heather Humphreys
Kevin Humphreys
Derek Keating
Paul Kehoe
Alan Kelly
Sen Kenny
Sen Kyne
Anthony Lawlor
Ciarn Lynch
Michael McCarthy
Helen McEntee
Nicky McFadden
Dinny McGinley
Tony McLoughlin
Michael McNamara
Eamonn Maloney
Peter Mathews
Olivia Mitchell
Mary Mitchell OConnor
Michelle Mulherin
Dara Murphy
Eoghan Murphy
Gerald Nash
Dan Neville
Derek Nolan
Aodhn Rordin
John OMahony
Joe OReilly
Jan OSullivan
Ann Phelan
John Paul Phelan
Pat Rabbitte
Michael Ring
Brendan Ryan
Alan Shatter
Emmet Stagg
David Stanton
Joanna Tuffy
Liam Twomey
Jack Wall
Brian Walsh
Nl
Richard Boyd Barrett
Tommy Broughan
John Browne
Joan Collins
Niall Collins
Barry Cowen
Sen Crowe
Clare Daly
Pearse Doherty
Stephen Donnelly
Timmy Dooley
Dessie Ellis
Martin Ferris
Luke Flanagan
Tom Fleming
John Halligan
Samus Healy
Michael Healy-Rae
Joe Higgins
Billy Kelleher
Michael Lowry
Pdraig MacLochlainn
Charlie McConalogue
Mary Lou McDonald
Finian McGrath
Mattie McGrath
Sandra McLellan
Michel Martin
Catherine Murphy
Denis Naughten
Patrick Nulty
Caoimhghn Caolin
amon Cuv
Sen Fearghal
Aengus Snodaigh
Jonathan OBrien
Willie ODea
Thomas Pringle
Shane Ross
Risn Shortall
Brendan Smith
Peadar Tibn
Robert Troy
Mick Wallace
Question declared carried.
Voting was also as above on the Report and Final Stage of the Land and Conveyancing Bill
(2013)
has welcomed the plan. Turkeys dont vote for certain Christian winter festivals.
Downward pressure
Its not that the Government couldnt bring down the price of houses. The main levers at
their disposal are social housing and rent controls. These are viable long- term solutions to
home ownership and if they are provided in sufficient quantities at the right price, they
exert downward pressure on prices.
But the targets for social housing set out in the plan will not put a tooth in the problem.
The plan calls for the construction of 125,000 houses by 2021, of which only one in five or
fewer will be social housing built by the Government.
The rest will presumably be provided by the private sector, and we can take it as read that
they dont plan selling these houses for any less than they are selling them at the moment .
They argue they are not even making money at current prices.
If prices are not coming down and wages are not going up and the Central Bank wont let
banks lend people more than they can afford, you get the sort of stalemate that prevails in
the Irish market. The Government, to its credit, is trying to solve the problem by providing
a limited amount of cheap housing but the bulk of its effort seems to be going into
subsidising the building industry either directly or indirectly.
The measures to be announced in the budget in October are expected to include a 10,000
package for first-time buyers and other measures to increase the profitability of housebuilding. At best, this will allow more people to buy houses at current prices and also
allow more builders to build profitably at current prices. At worst, it will trigger a jump in
prices.
No costing has been put on this part of the plan but if, for arguments sake, you assumed
that half of the buyers of the 100,000 houses that will be built by the private sector got the
money, it would be 500 million over five years.
It represents a massive subsidy for an industry that is fundamentally uncompetitive
because it has overpaid for land and is now sitting on sites, refusing to develop and playing
chicken with the Government. Those who worship market forces would argue these
builders should all be made go bust and the price of land should drop, allowing profitable
house-building by new entrants. In a socialist version of this fantasy, the State would then
spend 500 million building 200,000 council houses.
It doesnt really matter because neither of these things are going to happen. It may not be
the Governments intention but the housing plan looks like a massive State bailout for an
industry that is being protected from the consequences of its mistakes. Sound familiar?
2016 irishtimes.com
It is very clear that the Personal Insolvency arrangement and services such as MABS are
not the solution and are very far from resolving this crisis. This has led to a number of
voluntary groups coming together in an attempt to offer genuine help to thousands of
people who simply have nowhere else to go.
The meeting in Portlaoise is not a protest meeting. It will be attended by many families
who find themselves in this desperate situation and by others who are naturally concerned
by the continuing assault on thousands of families by financial institutions.
We are attempting to find possible solutions to the crisis and your attendance at The
Killeshin Hotel, Portlaoise on Saturday 25th June at 1.30pm would be very much
appreciated.
Kind Regards, Ken Smollen, 085 143 2898
Recommendation on Evictions
Subject to advice of the Attorney General, the Government should introduce
legislation for a moratorium on home repossessions until such time as the
Governments proposals are in place.
need to honestly re-examine the balance between the protected and legitimate
property rights of individuals, as property owners, and the wider needs and common
good of society, including housing needs. As a society we need to reflect on the desired
impact of the constitution here. I believe that addressing these issues raises politically
and socially important issues which will have to be debated over the coming years.
Repossessions of Home Loans are not frequent amounting to 183 and 118 for AIB and
Permanent TSB respectively in 2015-Minister Noonan
Just as he did in a previous reply on in Jan 2016(Dail Record further Down), Minister
Noonan seeks to minimise the horror facing families by misrepresentation and omission of
key information.
The 301 repossessions of family homes are 301 too many. These are the 301 cases in
which the state owned Banks Only were granted repossession orders. (See I.T., KITTY
HOLLAND further down)
Noonan omits the no of repossession cases taken by the state owned banks. Most of these
never reach the stage of the issuance of a repossession order. People are too terrified to
appear in court, of the publicity in small communities, the stress on young children at
school etc. it is common to surrender the house and to go to live with relations in often
overcrowded conditions. Some have committed suicide due to the extreme stress of the
threat of repossession.
Mr Noonan says he has no role in the matter of repossessions by AIB, PTSB, EBS. He
cites the Framework Agreement with Banks. This Agreement has no statutory force. Mr
Noonan adheres to the Agreement in order to wash his hands. Mr Noonan does have a role
in evictions. As owner of these Banks on behalf of the State, he knowingly permits
repossession cases to be taken though he can forbid this.
Please recommend that all repossession proceedings affecting dwelling houses, owned or
rented, be halted immediately
Paddy Healy
PQ as originally Submitted
To ask the Minister for Finance, Michael Noonan TD,
if, in view of the statement by Minister for Housing, Simon Coveney TD that there is a
NATIONAL HOUSING EMERGENCY,
he will insist that Allied Irish Bank and its subsidiary the Educational Building Society and
Permanent TSB, which are in majority State ownership, desist from seeking repossession
of family homes through the Courts and withdraw all such existing applications before the
Courts and
if these bodies refuse to comply, will he call a special general meeting of shareholders and
use his majority share-holding to dismiss and replace directors refusing to comply with his
instruction and
if he will make a statement on the matter ?
Seamus Healy TD 087-2802199
QUESTION NO: 175
DIL QUESTION addressed to the Minister for Finance (Deputy Michael Noonan)
by Deputy Seamus Healy
for WRITTEN ANSWER on 14/06/2016
To ask the Minister for Finance if he will insist that a bank and its subsidiary (details
supplied) which are in majority State ownership desist from seeking repossession of family
homes through the Courts and withdraw all such existing applications before the Courts; in
the event of the bank and its subsidiary refusing to comply, if he will call a special general
meeting of shareholders and use his majority share holding to dismiss and replace the
directors who refuse to comply with his instruction
REPLY.
As the Deputy will be aware, I have no role in the day-to-day running of the banks in
which the State is a shareholder. These institutions are run on an independent and
commercial basis and the details of the formal relationship between my Department and
these institutions are set out in the respective Relationship Framework Agreements, which
can be found via the following links.
AIB: http://finance.gov.ie/sites/default/files/Allied-Irish-Banks1.pdf
PTSB:
http://finance.gov.ie/sites/default/files/Relationship%20Frameworks%20for%20the%20Irish%20Banks%20Irish%20Life%20and%20Permanent.pdf
The full information provided by the Courts Service and reported by Kitty Holland in the
Irish Times Last November is: Of the 1,088 court orders for repossession made in the
three quarters of 2015 up to September 30, 758 were for primary homes, 131 were for
buy-to-lets and 199 were for other dwellings. -Irish Times
Courts Service: Repossession Orders in Circuit Courts 2015
Q1
There was a huge increase in possessions in the April to June period. Mr Noonan omits
this information, and picks the figure for Q3 which he then implies is typical though it
contains one month( July) figures only! The reason the Central Bank figure for Q3 (207) is
slightly above the Courts Service figure (188) may be that the Central Bank figure contains
High Court orders in addition to the Circuit Court orders supplied by the Courts Service.
In time honoured fashion Spinner Noonan, to cover his tracks claims that it is others who
are misrepresenting the situation! The idea that tens of thousands of houses are being
repossessed is just not correct he said. Additionally, this allows him to suggest that the
repossession problem is really minimal and not nearly as bad as is being represented.
No journalist or serious person has spoken about tens of thousands of repossessions.
1,088 orders in the first 3 quarters of 2015 is already a disastrous figure!!!
For example, Kitty Holland, Irish Times Nov 12, 2015. says
: Banks have sought to repossess almost 4,500 homes since the start of the year up to
September 30, the latest figures from the Courts Service of Ireland indicate-Kitty Holland,
Irish Times Nov 12, 2015.
This is in line with the Central Bank Report: During the third quarter of 2015, legal
proceedings were issued to enforce the debt security on private dwelling house mortgages
in 1,687 cases (Central Bank Report).
Noonan invents the tens of thousands in order to minimize a problem which is in fact
already disastrous-the oldest trick in the book of the spinner.
STATE DIRECTION OF BANKS IS UNTHINKABLE!-Noonan
The right of human beings to stay in their own homes is a most important right. The vast
majority of people in mortgage difficulty are entirely blameless for their own predicament.
They were setting up homes at a particular time. They may have had to move jobs or have
been transferred in their job at a particular time. They were failed by the state and by its
organs such as the central bank and the financial regulator and by the government of the
day.
But Mr Noonan believes that there are superior rights and superior interests and that the
vindication of the rights of householders to stay in their own home is a secondary
consideration even if families must be placed in hotel rooms or hostels and may be
dispersed.
Mr Noonan: Notwithstanding the fact that the State is a shareholder in these institutions, I
must ensure that these banks are run on a commercial and independent basis to ensure the
value of the banks as an asset to the State
Finance Minister Noonan has already made clear his intention to sell the state owned banks
to private investors. Clearly, he is concerned to maximise the sale value of the banks.
Mr Noonan voted in the Dil to compensate in full international investors who risked their
funds in Irish Banks. Money was borrowed from international financiers to pay this
compensation. Now Minister Noonan and the FG/Labour Government are using the banks
to collect money originally paid to international investors in the same banks from the Irish
population. Accordingly, Banks are allowed to charge interest rates to all Irish borrowers
which are well above average rates in other European countries within the Eurozone. The
value of houses in Ireland has now risen. Hence the huge rise in repossessions between
Quarter 1 and Quarter 2 of 2015.
The Priority of Government is that the banks be fattened up for privatisation
Mr Noonan also tries to give the impression that he has no power to give instructions to
state owned banks.
He says: There is a relationship framework, signed by my predecessors in office, with the
banks and the essential component is that the political side will not interfere in commercial
decisions
Many listening may have got the impression that Mr Noonan had no power to instruct the
government owned banks. The old omission trick! Mr Noonan omitted the words
voluntary from voluntary relationship framework -And he blames his predecessorsFianna Fil- as well!
The truth is that Mr Noonan can withdraw from the relationship framework at any time.
He has taken a political decision to continue to honour it-and to allow the banks to evict
Irish families!
He then drags up the notion that stopping state owned banks from evicting people would
lead to people applying to their local TD for a loan and that the notion of state owned
and directed banks was preposterous! Of course there have been state owned banks in
Ireland for decades and there have been such in other European countries for even longer.
There are well tried mechanisms for dealing with the problem of people applying to
politicians for loans.
Noonan uses the image to cover up the responsibility of the government for evicting
people on the one hand and extorting money to pay off international lenders from
mortgage holders and small businesses on the other.. Pontius Pilate Lives!!!
Mortgage Arrears Problem is Being Solved Progressively-Noonan
Noonan gives the impression that the mortgage arrears problem is being progressively
solved through helpful measures put in place by his government. The truth is that the
problem of the banks is being solved by repossessing homes and extending mortgages at
exorbitant interest rates for a greater number of years.
Crafty Capitalist Representative
Michael Noonan is a very crafty political representative of the Irish super-rich, Irish big
business and of foreign big business. He is a master of spinning to deceive. He is
assisted in this by the editorial writers and by the media political and economic
correspondents. It would be simple for these to expose him but they have a vested in not
doing so!
In fairness Kitty Holland in the Irish Times has accurately reported the rate of actual
repossessions and court applications for repossession and columnist Fintan OToole has
exposed his Tommy Cooperstyle deception on tax equity in favour of the very rich.
The Minister refused. This means that the government has given the green light to the
banks they own, to continue to evict families.
Court Orders for repossession of 47 primary residences were granted at Clonmel and
Nenagh Circuit Courts in the first 3 quarters of 2015. A further 8 buy-to-lets which also
house families were also repossessed. Banks are now seeking a further 97 repossession
orders for dwellings in Tipp, of which 32 are being sought by AIB, EBS and Permanent
TSB which are owned by the Government through Michael Noonan (FG) Minister for
Finance
Minister Noonan claimed that the issue was being reasonably handled by the banks.
Totally misrepresenting the situation, Mr Noonan quoted the 208 orders for repossessions
for the whole country for Quarter 3,2015 as representative of the scale of the
problem. COURTS ONLY SIT FOR 1 OF THE 3 MONTHS IN QUARTER 3!! The
Court Service Figures for the whole country for Quarters 1 and 2 are 586 and 314
respectively.
The proposed Eviction of 97 Tipperary Families Must Be Stopped Now!
Senior Minister Alan Kelly (Lab) and Minister of State Hayes(FG) must now intervene at
Cabinet to have a Housing Emergency Declared and all repossession applications
withdrawn.
In particular they must force Minister Noonan to withdraw the repossession applications
by the banks he owns.
13/06/2016
We have being contacted by RTE Over the passed few days over the selling of family
home mortgages to vulture funds across the county When Gerry O Boyle campaigned in
the last general election on this issue the matter was not allowed to be high-lighted. Now it
has come the light with the assistance of Gerry O Boyle. RTE has decided to do a
documentary on corruption of Irish banks and the cover up. RTE is now expected to do full
coverage from Castlebar Eviction Court on June the 13th
Men in balaclavas evict families for vulture capitalists invited in by government to
feed on the public
Irish Mirror Pat Flanagan 15:33, 3 Jun 2016 Mass evictions
loom after it was revealed that 46,000 mortgages the equivalent to all the homes in
Drogheda and Dundalk are now in the hands of vulture funds. The sight of men in
balaclavas attempting to evict families from their homes as gardai stand idly by
confirms that we are living in a very sick state. Tens of thousands of families face being
evicted by the vultures. When a Government invites vultures into our country to feed on
the misery of families in danger of losing their homes, you know Irish society has lost its
moral compass. The sight of men in balaclavas attempting to evict families from their
homes as gardai stand idly by confirms that we are living in a very sick state.Ireland is
indeed a warped country which poisons golden eagles and venerates vultures selling off
thousands of distressed mortgages at knockdown prices while refusing to give
homeowners a writedown.
It is perhaps a metaphor for a country in terminal social decline where the vulnerable are
fed to unscrupulous wealth funds who have not the slightest inkling of concern for their
welfare.
There are few more reviled birds then the vulture yet our Finance Minister is a fan and
believes they play a pivotal role in nature.
This is what he actually said: Vultures provide a very good service in the ecology through
cleaning up dead animals that are littered across the landscape.
The dead animals he is talking about are the tens of thousands of people whose mortgages
have been sold to foreign wealth funds without them having the opportunity of doing a
deal with their former lender.
Ulster Banks decision to sell 900 home mortgages to vulture funds at a huge discount
could lead to most of the families involved being evicted from their homes.
This rotten bank is not only heartless, they are gross hypocrites as they claim they do not
do debt forgiveness yet sell off huge property portfolios to vulture funds at a fraction of
their worth.
Ulster Bank is a private company which is in business for profit, what possible excuse can
the State have for selling off thousands of homes in the middle of the worst housing in our
history.
Vulture lover Noonan recently had the gall to claim he put safeguards in place to prevent
the vultures kicking people from their homes when the mass evictions have already started.
Such protection as vultures give to lambs, said the 18th century Irish dramatist Richard
Brinsley Sheridan. he could have been talking about our Finance Minister.
The spiralling number of evictions has not come about by accident but as a result of actual
Government policies which specifically set out to sell off huge property portfolios which
could only be bought by vulture funds.
Around 90% of the States bad bank Namas assets have been sold to international
speculators who have got them at a fraction of their true worth.
What is even more disturbing is that it appears the gardai are allowing hooded agents of
the vultures terrorise families in the course of evictions as the Royal Irish Constabulary did
for absentee landlords in the 19th century.
It is something of a sick joke that the country has been losing the run of itself celebrating
1916 and the beginning of the end of British rule when our government has handed over
the homes, and the lives, of tends of thousands of families to anonymous foreigners.
Both Enda Kenny and Michael Noonan have taken time out to actually meet and greet the
vultures and invited these scavengers to our country to feast on Irish families.
To help them digest the financial flesh the law here allows wealth funds to avail of
favourable tax deals which are outside the reach of the Central Bank.
On the subject of the Central Bank, two years ago the then Governor Patrick Honohan said
he was very unhappy about the sale of mortgage books to vulture funds and highlighted the
consequences for tenants.
But Fine Gael and Labour were determined that the vultures be fed and allowed the sell-off
which saw property portfolios worth tens of billions of euro go ahead with massive
writedowns.
It is estimated that around 46,000 mortgages the equivalent to all the homes in Drogheda
and Dundalk are now in the hands of vulture funds.
The newly-created Dublin Tenants Association has called for new laws to stop vulture
capitalists from forcing families out of their homes.
DTA spokesman Patrick Bresnihan said: This is not a natural disaster. The reality is
government policy has been to facilitate vulture funds at every turn, without any research
into the impact of international funds on the Irish housing system.
The dreadful situation which families find themselves in is a direct reflection of the ethos
and ideology of the previous government.
Vultures by their nature rarely attack healthy animals, but will prey on the weak and sick
and thats exactly what the Coalition did.
So we shouldnt be too surprised about Michael Noonans love of vultures its a case of
birds of a feather flock together
The Irish Independent asked each local authority to provide an update on how the projects
were progressing. Three Kerry, Offaly and Wexford failed to respond. The data shows:
No social houses have been built by the local authorities from the 2,730 sanctioned as
long as a year ago.
Just 26 are under construction in Donegal, Tipperary and Louth. Louth County Council
said it expects 12 to be completed this month.
Architects and design teams are only now being appointed for many of the schemes. A
significant number have yet to proceed to planning.
Some units have been purchased Fingal has secured 44, Cork City another 28 and
Louth another eight. But some councils are only beginning to purchase homes now.
In some cases, including Cork and Galway, the number of units has been increased,
which has resulted in delays as projects must be redesigned.
Some other projects have also been cancelled or delayed.
In Longford, no work has started on 13 houses approved in Lanesborough last July. Trial
holes are being organised for the site, the council said.
A land swap is also being organised with the HSE in Meath to facilitate construction of 19
units in Summerhill, approved in May 2015.
In one case a 3.1m scheme of 20 units at Strandhill in Co Sligo construction work is
not expected to begin until November next year, 30 months after it was approved.
The minister said special teams would be sent into local authorities to drive delivery.
Last year, 72 social houses were built, and around 1,160 acquired.
The two hooded balaclava wearing individuals entering the Garda Squad Car are not
prisoners!
They are employees of a security company leaving the scene having failed to evict a
householder in Co Clare recently
and maybe ask the banks to share a bit of the risk, the cost, the fallout?
But no, seemingly everything is going swimmingly in Noonan Land, because earlier this
month he said we didnt need any deals on debt, because were in a pretty good place
now.
Which will come as news to the hundreds of thousands of people in the country in
mortgage distress particularly if their mortgages have been sold on to vulture funds at
cheap prices not offered to them terrified to answer their doors in case its the bailiff with
a crowd of hooded men and a few gardai backing them up.
It will also come as news to people like Fr Peter McVerry, whose Trust last Friday
appealed to the Government to do more for people at risk of becoming homeless and
particularly the dangers that the vulture funds bring with them.
Michael Noonan is a fan, seemingly. Of vulture funds. I know, thats hard to believe, but
then some people have hard necks. They can afford to.
Fine Gael TD Catherine Byrne got terribly upset when David Hall, of Irish Mortgage
Holders Organisation (IMHO), called Mr Noonan a vulture [fund] lover at an Oireachtas
Housing and Homelessness committee meeting recently.
After a face-to-face meeting with the minister, Hall said: He was very clear about his
love for vultures. We had a very robust exchange in relation to it the self-confessed
predators. They circulate for five years, they suck an asset dry and they move on.
Last week Ulster Bank announced that it would be selling over 2,900 of its customers
mortgages to vulture funds.
Of those, 900 are family homes, the others, one presumes, are rental properties. (Most
evictions in Ireland actually arise when people cant pay escalating rents, as opposed to
mortgages.)
According to the recent report by the Debt and Development Coalition Ireland (DDCI) our
Government wholeheartedly embraced vulture funds, which pretty much tells you
everything you need to know about their attitude to Joe or Josephine mortgage problems.
Or families like my friend Danielles, who have just been given a few months to leave the
home they have rented for 10 years.
Their landlord is sorry, but the mortgage has been sold on to vulture funds and all he can
do is commiserate and say that they were exemplary tenants.
Like many other families in similar situations, they havent a hope of finding affordable
accommodation near their jobs and childrens schools.
An EU-wide report headed up by NUIG academic Padraig McKenna also found that there
were relatively high numbers of evictions (including illegal evictions) in the [Irish] private
rented sector. According to the DDCI report, the arrival of vulture funds means an
increased likelihood of people being evicted from their homes.
Well, duh as my kids would say; it shouldnt take an academic report to deduce that.
The people evicted will probably end up in hotels at the States expense but hey, the
vulture funds and Minister Noonan is happy so thats all right so.
Groups like the Anti-Eviction Taskforce look set to have their work cut out for them in the
immediate future.
Welcome to the new politics, and old-style land repossessions.
This evening is probably not a good time to write a report on todays meeting with TDs,
Senators and their representatives in Leinster House as I usually need a day to fully
analyse any event or meeting.
However, it was an absolute pleasure to meet what I would describe as three very likeminded people, namely Byron, Adrienne and Martina in The Hub office in Dublin before
heading off to Leinster House. Adrienne had the job of looking after callers to The Hub
while Byron, Martina and I went to the meeting where we first met Seamus Healy TD and
his brother Paddy. We had a cup of coffee in the caf there while discussing the approach
we would be making when presenting our case on behalf of thousands of people who find
that they are the totally innocent victims of the bailed out banks who want to legally
steal their family homes!
There were approx. 20 TDs present at different stages during our presentation including
the following Sean Crowe, Eugene Murphy, Pat Buckley, Thomas Pringle, Dara
Calleary, Martin Ferris, Sean Fleming, Carol Nolan, Ann Rabbitte, Eoin OBroin and
others. Represented were Richard Boyd Barrett and Joan Collins. Needless to say no
representative from either Fine Gael or the Labour Party was there. It surprised me that
not one representative of the Independent Alliance made the effort either as all TDs were
invited there by Seamus Healy TD and by myself.
I began the presentation by describing to those present what actually happens in the
Eviction Courts and how people are being treated in a shameful way in particular by
County Registrars. I described the intimidating atmosphere in these places and the
absolute horror, despair and desperation that I see on a regular basis in these awful places.
I also informed them that during the month of May alone there are well over 2,000
Eviction cases listed in the courts throughout the country and with an average of 3 or 4
members of each household it would be the equivalent of the population of a large town
being hauled before the Eviction courts and thats just this month alone. I also
impressed on them that not only are there approx. 100,000 families in mortgage distress
but that there could be a further 200,000 families going without some of the basic
necessities just to pay their mortgages and that many of these people were also slipping
into mortgage distress. Again I said that with an average of 3 to 4 people per household
we are looking at over ONE MILLION people in Ireland being in this awful situation with
no resolution in sight.
I then explained how the banks were refusing to engage with many mortgage holders in
any way even though the banks claim that its the other way around. I also said to them
that the Government must FORCE the banks to engage fairly with mortgage holders and
that a fair and sustainable solution must be found for ALL mortgage holders before there
would be any recovery for the people of Ireland.
Martina then spoke about and gave an excellent presentation on the Land &
Conveyancing (Law Reform) Act of 2013 [The EVICTION Act] and explained how it
must be repealed as it gives the bailed out banks easier access to repossessing family
homes.
Byron then gave an exception explanation of how The Hub-Ireland is helping families
every day for FREE and also urged those present the need for an urgent solution to this
desperate crisis.
The politicians who were present then made their own contributions with all of them
agreeing that a real recovery for the people of Ireland could only take place once the
people of Ireland were treated fairly by the banks. They were all in agreement that they
must act in the best interests of the people that they represent.
Our next step with the help of Seamus Healy is to gain an invitation to make a submission
to the housing committee where we can again impress on them the necessity for two
things 1) The urgent need for a STOP to be put on EVICTION Court proceedings in the
courts while the banks are forced to find a fair and sustainable solution for all mortgage
holders and 2) To have an official EMERGENCY declared in relation to this crisis. Such a
declaration would put a stop to Michael Noonans nonsense about the Government being
unable to interfere in private property transactions.
All in all it was a very good day and Im sure that by keeping the pressure on these people
we can achieve real change for the better, not only keeping families in their homes but in
the process, saving many lives.
I was not expecting to see Fine Gaels representative from Offaly there as she was one of
those who unashamedly voted YES for the Eviction Bill and because there werent any
photo opportunities for her to take advantage of. I am however extremely disappointed
with the non-appearance of the Fianna Fail TD for Offaly. When the meeting was over he
walked as we were talking outside the meeting room, he looked and grinned, as much as
to say Who let those peasants into this important place.
Finally, I would like to thank Paddy Healy and his brother Seamus for arranging this first
meeting and I have absolutely no doubt that we will now gain the support of other TDs in
our justified fight for fairness for thousands of our people. With the help of these good
men we certainly hope to receive an invitation to make a submission to the housing
committee.
KEEP SUNDAY 19th JUNE FREE 1.30pm in the Killeshin Hotel, Portlaoise
EVERYONE WELCOME!
Thanks everyone,
Ken
the council to pay for new roads, water pipes and sewage. These are typically 9,000 per
unit. So we are now up to 175,000 per unit.
Now we have the cost of the build with all the charges and taxes before we talk about site
cost.
In 2011, Dublin probably had enough houses to deal with the population. However, there
should have been 60,000 built since to keep up with population growth but only 8,000
have been built, so we have a shortfall of around 50,000 for the sake of argument.
Imagine the State was to build or fund the build of 50,000 houses. At 175,000 each, this
would cost 8.7bn. This is a big number but the Irish State can borrow for 10 years at 1pc,
according to Bloomberg yesterday. Therefore, the State could issue a Housing Executive
Bond, which it could sell to Irish residents who are sitting on 94bn of deposits in the
Irish banking system. Servicing this debt would cost 87m per year.
Traditionally, countries dont pay back the principal of their national debts, they simply
roll it over.
So it would be prudent to suggest that we would do the same for this Housing Executive
Bond.
Now we have a situation where the total annual cost of 50,000 units is 87m. This means
that the annual cost per unit is 1,740. The implication is the rent that would be needed to
be charged per unit per year to pay the cost of this build, funded by a Housing Executive
Bond, is 1,740 per year. Lets round this up to 2,000 per unit per year, to include
maintenance.
So total rental cost of a new house or apartment is not 12,000 per annum, as is the case
right now, but 2,000 per annum or 38 a week.
This is feasible. You have seen the numbers. The major cost omitted is the site cost and
this is where we come into the land issue.
At a density of 60 units per hectare, this would mean about 833 hectares of development
land, or about 2,000 acres, is needed. There are 28,000 acres in Dublin in total but just one
bank, Ulster Bank, put a portfolio of 1,850 acres of development land up for sale this year.
So the development land portfolio of just one bank could almost cover this total city
requirement! Now we are talking.
The State could simply CPO this land at cost and be done with it. You could add the
repayment cost of this land to the annual rent. This would bring up the annual cost of the
rent needed to cover everything to 3,000 per year or a quarter of present average rent
paid.
Thus, the great Irish housing crisis is solved for less than 60 per week for a family of
four in return for a new house, fixity of tenure and peace of mind!
Thats how its done in proper countries. The choice is ours.
Lets join the 21st century and stop gouging each other for the basic right of a roof over
our heads.
Unlike the lads on the Magic Bus, these are the numbers, no one is smoking funny stuff,
just seeing things clearly through the haze of vested interests and inertia.
Problem solved.
Examples are given of how the eviction courts can intimidate such vulnerable people
most of whom are totally unused to courts of any kind.
There is a huge misconception in the public arena that these people just dont want to pay
their mortgages and are freeloaders.
Anyone who thinks that, she says, just needs to come to The Hub for just one day and
listen to the calls we take.
But still these people, in despair and anguish, are told, a debt is a debt is a debt. They
borrowed money from a bank and they are therefore legally and morally bound to pay it
back. Unlike say, the well-heeled speculators who found themselves in Nama.
Earlier this month, it was revealed by Michael Noonan that Nama has written off debts
totalling 1.5bn owed by just 80 debtors to the agency.
Noonan explained that the debt is only written off where all of the underlying assets have
been realised, there are no further assets to be realised nor any additional recourse
available to Nama to recover borrowings from the debtor.
Which is the same situation that would apply to most of the ordinary people in
unsustainable mortgage debt that I have met up and down the country. And yet it doesnt.
Why one rule for one group and a much harsher one for the other?
Because, bluntly, when debt is racked up by governments, corporations, banks, or by
privileged insiders, it can always be renegotiated or written off. Thats how the system
works. Its only when debts are owed from the poor to the rich that issues such as moral
hazard are introduced.
Only then does debt become a sacred obligation. Its a way of keeping the cash/power
flowing upwards. Its also a way of keeping people in their assigned places.
In the past, precautions were taken to protect debtors from unscrupulous lenders. Yet today
it is creditors who are protected at the expense of debtors, corporations at the expense of
citizens, banks at the expense of nations.
Theres no political will to solve this issue, said one man at the Killeshin Hotel last
week. Because there are no votes in it. Unlike the water charges, people are too ashamed
to protest.
He may be right. An invitation was issued to every TD and senator in Leinster House. Five
attended none from the last government parties. We know that people are going to die
[due to debt] he added.
Another man spoke passionately and bitterly of debt-related suicides occurring daily as he
urged people to act now before there are further deaths.
You may think this is emotionally charged exaggeration, but a recent survey by the Irish
Mortgage Holders Organisation (IMHO) found that of 488 people aged between 29-70
who are in debt (questioned by clinical psychologist Dr Eddie Murphy), 44pc said they felt
depressed all or most of the time; 31pc have had suicidal thoughts in the past four weeks;
22pc had active plans to kill themselves and 45pc indicated harmful levels of alcohol
abuse.
Now, just think of the thousands of people in mortgage distress in this country and you can
begin to imagine the depth of human suffering in our midst.
So what can we do? This week, we heard promises about putting pressure on banks to offer
sustainable solutions to those in mortgage distress and there are suggestions for a new
court to deal with arrears; but, judging by the numbers at risk and the distress involved,
this will not suffice.
Certainly we need people to be offered split mortgages, term extensions and long-term
interest rate reductions.
But for many families, what is needed is debt-forgiveness. And quickly. But the banks
who brought the country to its knees through their reckless lending and were rewarded for
doing so with billions of our euro wont play ball.
They are so confident of their power that they are currently swindling variable-rate
mortgage-holders with high interest rates.
They are selling off homes to vulture funds at a cost not offered to the now homeless
occupiers. They are doing pretty much as they please.
The new Government is making noises about putting manners on them. But for many
families in mortgage distress, it may already be too late.
@carolmhunt
The Hub Ireland: http://www.thehub-ireland.com/ Phone: 01 534 9118
IMHO https://www.mortgageholders.ie/contact/
Phoenix Project Ireland 1850203040
Samaritans 116 123.
Aware 1800 80 48 48.
Pieta House 01 601 0000
Sunday Independent
-
The funds that have bought into the Irish commercial and residential property market,
mostly by way of buying loans from State-owned institutions, will want to see big yields
on their investments, which in practice means squeezing debtors hard.
The report entitled, From Puerto Rico to the Dublin Docklands, Vulture Funds and Debt in
Ireland and the Global South, by the Debt and Development Coalition Ireland (DDCI),
said that while there is little research yet available on the effect of vulture fund
involvement in the European property market, research from the US indicates an increased
likelihood of people being thrown out of their homes.
DDCI is a coalition of Irish development, faith-based and solidarity groups concerned
about the effects of debt on developing countries. It is chaired by Sorley McCaughey,
advocacy and policy officer with Christian Aid. The report was written by Dr Michael
Byrne of the UCD School of Social Justice.
Distressed debt
Hedge funds or private equity funds that invest in distressed debt vulture funds
originally invested in sovereign debt but since the financial crisis in 2008 have moved into
buying loans linked to the property market in the US and Europe.
The Irish Government, according to the report, has wholeheartedly embraced vulture
funds and their entry into the Irish market could not have occurred were it not for two
major public banking institutions, the National Asset Management Agency (Nama), and
the Irish Bank Resolution Corporation (IBRC).
Nama is the public entity that acted as Irelands bad bank for property loans issued by Irish
banks, while the IBRC, which is now in liquidation, took over the collapsed Anglo Irish
Bank and Irish Nationwide.
Locals priced out
The report says that these two institutions sold assets under time pressure and did so at
high discounts. Because the loans were sold in large bundles or portfolios, local
investors were priced out. The two institutions sell big, they sell quick, and they sell
cheap, according to the report.
This created a context which not only favoured vulture funds, in a sense it meant that only
vulture funds had the financial fire power required to play this extremely high stakes
game. The fact that the Irish financial system is in crisis means it was very hard or
impossible for domestic actors to obtain credit to invest in Irish real estate.
The creation of a direct link between Irish property and the international financial system,
via the vulture funds, exposes the Irish economy and society to the possibility of sharp
shocks caused by events very much outside the control of the Irish political or regulatory
system, according to the report.
Global vulture funds, most of them US-based, are snapping up distressed debt linked to
European property, most especially in the UK, Ireland and Spain. Global groups such as
Cerberus, Lone Star Capital, and Blackstone, are among the top investors here.
2016 irishtimes.com
In the course of his reply Minister Noonan quoted figures from a Central Bank report
which stated that in Quarter 3(July, August, September) 207 properties were repossessed
on foot of a court order. The idea that tens of thousands of houses are being repossessed is
just not correct he said.
This statement is entirely deceptive though there is nothing technically incorrect in it. It is
not just that he attempts to minimise the awful trauma for 207 families which are losing
their homes. A key tactic of the spinner to deceive is the omission of key information.
Noonans 207 court orders for repossession are for 1 month only!!! Circuit courts do
not sit in August and September. Hence the Quarter 3 figures are for the month of
July only!
The full information provided by the Courts Service and reported by Kitty Holland in the
Irish Times Last November is: Of the 1,088 court orders for repossession made in the
three quarters of 2015 up to September 30, 758 were for primary homes, 131 were for
buy-to-lets and 199 were for other dwellings. -Irish Times
Courts Service: Repossession Orders in Circuit Courts 2015
Q1
There was a huge increase in possessions in the April to June period. Mr Noonan omits
this information, and picks the figure for Q3 which he then implies is typical though it
contains one month( July) figures only! The reason the Central Bank figure for Q3 (207) is
slightly above the Courts Service figure (188) may be that the Central Bank figure contains
High Court orders in addition to the Circuit Court orders supplied by the Courts Service.
In time honoured fashion Spinner Noonan, to cover his tracks claims that it is others who
are misrepresenting the situation! The idea that tens of thousands of houses are being
repossessed is just not correct he said. Additionally, this allows him to suggest that the
repossession problem is really minimal and not nearly as bad as is being represented.
No journalist or serious person has spoken about tens of thousands of repossessions.
1,088 orders in the first 3 quarters of 2015 is already a disastrous figure!!!
For example, Kitty Holland, Irish Times Nov 12, 2015. says
: Banks have sought to repossess almost 4,500 homes since the start of the year up to
September 30, the latest figures from the Courts Service of Ireland indicate-Kitty Holland,
Irish Times Nov 12, 2015.
This is in line with the Central Bank Report: During the third quarter of 2015, legal
proceedings were issued to enforce the debt security on private dwelling house mortgages
in 1,687 cases (Central Bank Report).
Noonan invents the tens of thousands in order to minimize a problem which is in fact
already disastrous-the oldest trick in the book of the spinner.
STATE DIRECTION OF BANKS IS UNTHINKABLE!-Noonan
The right of human beings to stay in their own homes is a most important right. The vast
majority of people in mortgage difficulty are entirely blameless for their own predicament.
They were setting up homes at a particular time. They may have had to move jobs or have
been transferred in their job at a particular time. They were failed by the state and by its
organs such as the central bank and the financial regulator and by the government of the
day.
But Mr Noonan believes that there are superior rights and superior interests and that the
vindication of the rights of householders to stay in their own home is a secondary
consideration even if families must be placed in hotel rooms or hostels and may be
dispersed.
Mr Noonan: Notwithstanding the fact that the State is a shareholder in these institutions, I
must ensure that these banks are run on a commercial and independent basis to ensure the
value of the banks as an asset to the State
Finance Minister Noonan has already made clear his intention to sell the state owned banks
to private investors. Clearly, he is concerned to maximise the sale value of the banks.
Mr Noonan voted in the Dil to compensate in full international investors who risked their
funds in Irish Banks. Money was borrowed from international financiers to pay this
compensation. Now Minister Noonan and the FG/Labour Government are using the banks
to collect money originally paid to international investors in the same banks from the Irish
population. Accordingly, Banks are allowed to charge interest rates to all Irish borrowers
which are well above average rates in other European countries within the Eurozone. The
value of houses in Ireland has now risen. Hence the huge rise in repossessions between
Quarter 1 and Quarter 2 of 2015.
The Priority of Government is that the banks be fattened up for privatisation
Mr Noonan also tries to give the impression that he has no power to give instructions to
state owned banks.
He says: There is a relationship framework, signed by my predecessors in office, with the
banks and the essential component is that the political side will not interfere in commercial
decisions
Many listening may have got the impression that Mr Noonan had no power to instruct the
government owned banks. The old omission trick! Mr Noonan omitted the words
voluntary from voluntary relationship framework -And he blames his predecessorsFianna Fil- as well!
The truth is that Mr Noonan can withdraw from the relationship framework at any time.
He has taken a political decision to continue to honour it-and to allow the banks to evict
Irish families!
He then drags up the notion that stopping state owned banks from evicting people would
lead to people applying to their local TD for a loan and that the notion of state owned
and directed banks was preposterous! Of course there have been state owned banks in
Ireland for decades and there have been such in other European countries for even longer.
There are well tried mechanisms for dealing with the problem of people applying to
politicians for loans.
Noonan uses the image to cover up the responsibility of the government for evicting
people on the one hand and extorting money to pay off international lenders from
mortgage holders and small businesses on the other.. Pontius Pilate Lives!!!
Mortgage Arrears Problem is Being Solved Progressively-Noonan
Noonan gives the impression that the mortgage arrears problem is being progressively
solved through helpful measures put in place by his government. The truth is that the
problem of the banks is being solved by repossessing homes and extending mortgages at
exorbitant interest rates for a greater number of years.
Crafty Capitalist Representative
Michael Noonan is a very crafty political representative of the Irish super-rich, Irish big
business and of foreign big business. He is a master of spinning to deceive. He is
assisted in this by the editorial writers and by the media political and economic
correspondents. It would be simple for these to expose him but they have a vested in not
doing so!
In fairness Kitty Holland in the Irish Times has accurately reported the rate of actual
repossessions and court applications for repossession and columnist Fintan OToole has
exposed his Tommy Cooperstyle deception on tax equity in favour of the very rich.
Decisions taken by the banks are a matter for the board and management of the relevant
institution. The relationship framework agreements define the arms-length nature of the
relationship between the State and the banks in which the State has an investment. The
banks are therefore entitled to pursue all options open to them in order to realise the value
of their impaired assets, within the significant constraints imposed by their regulator, the
Central Bank and the law as it applies.
The Government has put in place a broad strategy to address the problem of mortgage
arrears and family home repossessions. The primary focus of this strategy is to support
those home owners in difficulty with their mortgage repayments and, in so far as possible,
to avoid repossession of family homes. In recent months, the Government agreed measures
to enhance awareness of and access to the insolvency framework. We expanded the
mortgage-to-rent scheme, making it more accessible. In addition, my colleague, the
Minister for Justice and Equality, Deputy Frances Fitzgerald, also introduced the
Bankruptcy (Amendment) Bill 2015, which will, among other things, reduce the normal
duration of bankruptcy from three years to one year.
The Central Bank of Irelands code of conduct on mortgage arrears also provides
protection as it sets out requirements for lenders dealing with borrowers who are facing, or
in, mortgage arrears on their primary residence. It ensures that borrowers struggling to
keep up mortgage repayments are treated in a fair and transparent manner by their lenders
and that long-term resolution is sought by lenders with each of their borrowers.
The number of mortgages in arrears continues to fall. There are almost 121,000
restructuring arrangements in place and the vast majority of these are working. The figures
demonstrate that most families can, working with their financial institutions, find an
arrangement to make their mortgage commitments affordable. Active engagement by
indebted borrowers with their lenders is key to achieving sustainable resolutions. I would
urge borrowers in arrears who have not already done so to take that step by contacting their
lender directly, or MABS, for an independent assessment of their situation and advice on
available resolution options.
Deputy Seamus Healy: There is a tsunami of homelessness in this country. Last
November, the Dublin Homeless Executive provided figures according to which some
1,425 children in 677 families were in emergency accommodation. The Dublin Simon
Community said that was unacceptable and shameful. Focus Ireland said that the
Government had failed these families. The Master of the High Court, Mr. Edmund
Honohan, criticised the banks and accused them of hounding home owners to suicide.
[Deputy Seamus Healy: ] He criticised the fast-tracked repossession regime that the
Government has allowed to be introduced in the courts. These banks are majority owned
by the State and it is open to the Minister to instruct these banks to desist from
repossessing family homes. In Tipperary alone, 100 families are facing repossession. The
Minister should insist that this stop.
Deputy Michael Noonan: Deputy Healy raised the very important issue of homelessness
and the Minister for the Environment, Community and Local Government, Deputy Alan
Kelly, brought forward proposals last year that have blunted the edge of this particular
social crisis. Certainly, over the Christmas period there was less sense of a crisis with
homelessness than there had been earlier in the year. The measures introduced by the
Minister, Deputy Kelly, have been working and, please God, they will continue to work.
On the wider issue of repossession, which was the topic of the Deputys notified question,
there is some interesting data published by the Central Bank. During the third quarter of
2015, legal proceedings were issued to enforce the debt security on private dwelling house
mortgages in 1,687 cases. During quarter three, there were 798 cases where court
proceedings concluded but arrears remained outstanding. In 329 cases, the court granted an
order for repossession or the sale of the property. A total of 422 properties were taken into
possession by lenders in the quarter, of which 207 were repossessed on foot of a court
order. The remaining 215 were voluntarily surrendered or abandoned. The idea that tens of
thousands of houses are being repossessed is just not correct. A small amount goes through
the system. With the changes made by the Minister for Justice and Equality and with the
Money Advice & Budgeting Service assisting directly people before the courts, I hope the
number will diminish even further. It is the policy of the Government to put arrangements
in place so that people can live in the family home.
Deputy Seamus Healy: The Minister is the majority shareholder in these banks and he
has obviously given permission to the banks to repossess family homes. He could equally
instruct these banks not to go down this road and repossess family homes. He could call an
emergency meeting of these bank boards and instruct them not to repossess family homes.
I ask him to do so immediately and if bank directors do not agree, they should be sacked,
as the Minister has the power to do so as a majority shareholder. This is urgent and,
irrespective of the Ministers comments, thousands of families in the country are facing
homelessness because of banks in which the State has a majority shareholding. The
Minister could give instructions to stop these repossessions and I ask him to do so
immediately.
Deputy Michael Noonan: There is a relationship framework, signed by my predecessors
in office, with the banks and the essential component is that the political side will not
interfere in commercial decisions. That is for a very good reason as we do not want to
politicise the banks. It would be a very sad day for the country if the first port of call for a
person seeking a loan had to be the local Deputy rather than a bank manager.
Deputy Seamus Healy: We are not asking anybody to do that at all.
Deputy Michael Noonan: There will be no political interference with the banks. On the
question of repossessions, 207 houses were repossessed on foot of a court order, which
does not equate to the tens of thousands of houses sometimes mentioned in commentary.
There are 121,000 restructured mortgages on private dwellings, with a success rate of
86.6%. That means the arrangements stick in just under 87% of cases. The problem is
being solved progressively. I appreciate it is very hard on people and I can appreciate that
people who lost their jobs do not have money. I also appreciate the concerns and how upset
people are. In a very extreme situation, the issue is being handled reasonably well by the
banks
He said 121,000 mortgages on private dwellings had been restructured and the success rate
was 86.6 per cent.
So progressively the problem is being solved.
Mr Noonan said statistics from the Central Bank showed that in the third quarter of 2015
(July, August and September) legal proceedings were issued in 1,687 cases of private
mortgages.
There were 798 cases where court proceedings concluded but arrears remained
outstanding and the court granted a repossession order in 329 cases.
A total of 422 properties were taken into possession by lenders during the quarter and 215
were voluntary.
Its a very small amount to go through the system and since the changes were made by the
Minister for Justice and that the money and Budgeting Advice Service are assisting people
before the courts that will diminish even further, Mr Noonan added.
Senior Minister Alan Kelly (Lab) and Minister of State Hayes(FG) must now intervene at
Cabinet to have a Housing Emergency Declared and all repossession applications
withdrawn.
In particular they must force Minister Noonan to withdraw the repossession applications
by the banks he owns.
This can be done by government decision and does not require legislation.
Seamus Healy T.D.
18/01/2016
PUBLISHED03/04/2016 | 02:30
Sunday Indepenent
In an open letter to Alan Kelly, the environment minister, the Master of the High Court
Edmund Honohan says the Constitution cannot be used as cover for political inaction on
the housing crisis
Dear Minister Kelly,
It is appropriate that you have, in this centenary year, called for a debate about property
rights in the Constitution. Faced with repeated assertions about how the right to property is
legally watertight, politicians need to recover control which they have ceded to the
lawyers. To do so they need to understand that the position is a lot clearer than they have
been led to believe.
Echoes of 1916: The Constitution in effect provides that the State may expropriate private
property if the Oireachtas decides that to do so is for the common good. Road widening
is a good example.
Option A. At the moment there are long waiting lists for housing and the private rental
market is unable to provide dwellings at affordable rents.
Consequently, if the Oireachtas is of the view that the State should itself (or its local
authorities) provide public housing in the Common Good, the State can (and probably,
legally, should) decide not to wait the two/three years needed to build social housing but
instead to immediately acquire houses now in private hands.
If the owners of these refuse to sell, acquisition can be by compulsory purchase with full
compensation assessed by the arbitrator.
It so happens that there is a stock of such housing which has recently been bought by
vulture property investment funds from Anglo, Irish Nationwide, Nama etc. at
knockdown prices. Compensation for these funds would be that they would be repaid the
price they paid for the housing portfolios. That is the extent of their Constitutional
entitlement.
Option B. On the other hand, the Oireachtas might be concerned to enhance tenants rights
at the expense of the landlords. Rent controls and the like are also a form of expropriation
if their effect is to rewrite contracts already operational. And the common good rationale
for such interference with contracts is not as clearly unarguable as with Option A.
Option A wins hands down and the timing is right.
Cue now the lawyers alternative analysis: that the Constitution enshrines marketplace
rules; that the Supreme Court will determine what is the Common Good. Publish the
Attorney Generals advice to the Government and have a fully informed debate.
But given that the Supreme Court has already decided, in 2000, that the provision of
affordable housing is an objective which is socially just and required by the common
good, what we do about it now is a political decision, not a legal one.
The Constitution cannot be used as cover for political inaction.
Sunday Independent
Dail Debate: Government Knowingly and Deliberately Causing HomelessnessSeamus Healy TD
Deputy Seamus Healy: The outgoing Government, knowingly and deliberately, created
and caused homelessness. I say this because the State owns Allied Irish Banks, Permanent
TSB and the Educational Building Society. The Minister and current caretaker
Administration are allowing these financial institutions to evict people from their homes.
They can stop such evictions by telling the banks to stop causing homelessness. No
legislation is required to do so because the Government, through the Ministers for the
Environment, Community and Local Government and Finance, could issue a simple
directive to stop financial institutions from making people homeless.
The National Asset Management Agency which is owned by the State is creating
homelessness by evicting people and selling residences and apartments to vulture funds
that are engaging in evictions. The State could also stop this practice by issuing a simple
instruction to NAMA. I reiterate that the State is deliberately creating homelessness and
should stop doing so immediately.
I will refer briefly to the Tnaistes reference to the housing assistance payment. The HAP
scheme is an outrageous rip-off of tenants, most, if not all, of whom must pay differential
rent to their local authority and a top-up to their landlord, which is often as much as 50
per week. The scheme should be stopped immediately.
If we are to address the homelessness and housing crisis, the Government and the new Dil
must declare a housing emergency immediately. Otherwise, we will not be able to deal
with the problem. The Government should also take up the offer made by the credit unions
to provide between 5 billion and 8 billion to help address the housing problem.
Deputy Mick Barry: I agree with the points made by Deputy Seamus Healy. I will make
several points about the scandal that recently unfolded on the Eden estate in Blackrock in
Cork city where tenants in 35 apartments received letters earlier this year terminating their
leases and giving notice to quit. Many of them had lived in the properties in question for
years. The letters were issued by Grant Thornton, the receiver in charge of 127 apartments
on the estate, which was appointed by the State-owned IBRC in November 2010. This is
the latest chapter in the saga of Anglo Irish Bank and the Irish Nationwide Building
Society.
KPMG has been the Government appointed liquidator of IBRC since January 2013. As
instructed by the Fine Gael-Labour Party Government, the liquidators only interest is in
maximising the financial return to the State from the carcases of Anglo Irish Bank and the
Irish Nationwide Building Society and it has no regard for the social impact of doing so. In
this sense, it is an even more heartless and anti-social arm of the State than NAMA.
As of January 2016, IBRC had netted 2.1 billion from sales such as those envisaged on
the Eden estate. This sum has not been used to address the housing crisis because most of
it has been ring-fenced for distribution among IBRCs creditors which include Anglo Irish
Bank subordinated bondholders. Some of the money is intended to be used for payment in
full of certain employee and pension claims prior to the date of liquidation. Does this
include pension payments to former members of Anglo Irish Bank and Irish Nationwide
Building Society management such as Mr. David Drumm and Mr. Michael Fingleton?
NAMA (Really the Minister for Finance) Worsening Crisis Through Sale of Homes to
Vulture Funds.
Government also evicting Families through Banks it Owns
McPeake Auctioneers (Tyrellstown in Irish Times March 16)
The supply into the market from the builders is much lower than the market needs, and
that is because of a number of reasons.
The first is that the control of sites into the market is being controlled by a much smaller
pool of players. The big developers who were there all ended up in Nama or a financial
institution.
The financial institutions have all now basically all sold off their loans and Nama is
selling off the balance. All of those loans have gone basically to these venture capital
funds.
Its a problem thats been created, in particular, Namas desire to do away with
Nama, to be able to say Namas now gone, isnt that great, but what youve really
done is transferred the whole stock of development land and a considerable number
of private residential properties, that may be rented or may not be rented, into the
hands of people outside the country.
High Court Master, Edmund Honahan, urges State to na6onalise repossessed homes
The Master of the High Court has called on the Government to na9onalise repossessed
homes and buy-to-lets that banks have sold to speculators and investment trusts and use
them as social housing.
hAp://www.independent.ie/business/personal-nance/property-mortgages/high-courtmaster-urges-state-to-na9onalise-repossessed-homes-34282536.html
Homelessness is an Emergency-Minister
BUT GOVERNMENT CONTINUES TO EVICT FAMILIES THROUGH BANKS IT
OWNS
Its no Joke But More Tommy Cooper than Penn and Teller!
Irish Times Report on Dil Discussion Further Down
REPOSSESSIONS: NOONANS MASTER CLASSPaddy Healy
SPINNING TO MISLEAD ON REPOSSESSIONS IN THE DIL!
It is No Joke but Tommy Cooper Strikes Again!
State Owned Banks, AIB, EBS,PERMANENT TSB, are seeking repossession of homes by
court order throughout the country.
Seamus Healy TD recently asked Minister for Finance Michael Noonan in the Dil to
instruct these banks to desist from this.
Mr Noonan refused and stated that In a very extreme situation, the issue is being handled
reasonably well by the banks.
In the course of his reply Minister Noonan quoted figures from a Central Bank report
which stated that in Quarter 3(July, August, September) 207 properties were repossessed
on foot of a court order. The idea that tens of thousands of houses are being repossessed is
just not correct he said.
This statement is entirely deceptive though there is nothing technically incorrect in it. It is
not just that he attempts to minimise the awful trauma for 207 families which are losing
their homes. A key tactic of the spinner to deceive is the omission of key information.
Noonans 207 court orders for repossession are for 1 month only!!! Circuit courts do
not sit in August and September. Hence the Quarter 3 figures are for the month of
July only!
The full information provided by the Courts Service and reported by Kitty Holland in the
Irish Times Last November is: Of the 1,088 court orders for repossession made in the
three quarters of 2015 up to September 30, 758 were for primary homes, 131 were for
buy-to-lets and 199 were for other dwellings. -Irish Times
Courts Service: Repossession Orders in Circuit Courts 2015
Q1
There was a huge increase in possessions in the April to June period. Mr Noonan omits
this information, and picks the figure for Q3 which he then implies is typical though it
contains one month( July) figures only! The reason the Central Bank figure for Q3 (207) is
slightly above the Courts Service figure (188) may be that the Central Bank figure contains
High Court orders in addition to the Circuit Court orders supplied by the Courts Service.
In time honoured fashion Spinner Noonan, to cover his tracks claims that it is others who
are misrepresenting the situation! The idea that tens of thousands of houses are being
repossessed is just not correct he said. Additionally, this allows him to suggest that the
repossession problem is really minimal and not nearly as bad as is being represented.
No journalist or serious person has spoken about tens of thousands of repossessions.
1,088 orders in the first 3 quarters of 2015 is already a disastrous figure!!!
For example, Kitty Holland, Irish Times Nov 12, 2015. says
: Banks have sought to repossess almost 4,500 homes since the start of the year up to
September 30, the latest figures from the Courts Service of Ireland indicate-Kitty Holland,
Irish Times Nov 12, 2015.
This is in line with the Central Bank Report: During the third quarter of 2015, legal
proceedings were issued to enforce the debt security on private dwelling house mortgages
in 1,687 cases (Central Bank Report).
Noonan invents the tens of thousands in order to minimize a problem which is in fact
already disastrous-the oldest trick in the book of the spinner.
STATE DIRECTION OF BANKS IS UNTHINKABLE!-Noonan
The right of human beings to stay in their own homes is a most important right. The vast
majority of people in mortgage difficulty are entirely blameless for their own predicament.
They were setting up homes at a particular time. They may have had to move jobs or have
been transferred in their job at a particular time. They were failed by the state and by its
organs such as the central bank and the financial regulator and by the government of the
day.
But Mr Noonan believes that there are superior rights and superior interests and that the
vindication of the rights of householders to stay in their own home is a secondary
consideration even if families must be placed in hotel rooms or hostels and may be
dispersed.
Mr Noonan: Notwithstanding the fact that the State is a shareholder in these institutions, I
must ensure that these banks are run on a commercial and independent basis to ensure the
value of the banks as an asset to the State
Finance Minister Noonan has already made clear his intention to sell the state owned banks
to private investors. Clearly, he is concerned to maximise the sale value of the banks.
Mr Noonan voted in the Dil to compensate in full international investors who risked their
funds in Irish Banks. Money was borrowed from international financiers to pay this
compensation. Now Minister Noonan and the FG/Labour Government are using the banks
to collect money originally paid to international investors in the same banks from the Irish
population. Accordingly, Banks are allowed to charge interest rates to all Irish borrowers
which are well above average rates in other European countries within the Eurozone. The
value of houses in Ireland has now risen. Hence the huge rise in repossessions between
Quarter 1 and Quarter 2 of 2015.
The Priority of Government is that the banks be fattened up for privatisation
Mr Noonan also tries to give the impression that he has no power to give instructions to
state owned banks.
He says: There is a relationship framework, signed by my predecessors in office, with the
banks and the essential component is that the political side will not interfere in commercial
decisions
Many listening may have got the impression that Mr Noonan had no power to instruct the
government owned banks. The old omission trick! Mr Noonan omitted the words
voluntary from voluntary relationship framework -And he blames his predecessorsFianna Fil- as well!
The truth is that Mr Noonan can withdraw from the relationship framework at any time.
He has taken a political decision to continue to honour it-and to allow the banks to evict
Irish families!
He then drags up the notion that stopping state owned banks from evicting people would
lead to people applying to their local TD for a loan and that the notion of state owned
and directed banks was preposterous! Of course there have been state owned banks in
Ireland for decades and there have been such in other European countries for even longer.
There are well tried mechanisms for dealing with the problem of people applying to
politicians for loans.
Noonan uses the image to cover up the responsibility of the government for evicting
people on the one hand and extorting money to pay off international lenders from
mortgage holders and small businesses on the other.. Pontius Pilate Lives!!!
Mortgage Arrears Problem is Being Solved Progressively-Noonan
Noonan gives the impression that the mortgage arrears problem is being progressively
solved through helpful measures put in place by his government. The truth is that the
problem of the banks is being solved by repossessing homes and extending mortgages at
exorbitant interest rates for a greater number of years.
Crafty Capitalist Representative
Michael Noonan is a very crafty political representative of the Irish super-rich, Irish big
business and of foreign big business. He is a master of spinning to deceive. He is
assisted in this by the editorial writers and by the media political and economic
correspondents. It would be simple for these to expose him but they have a vested in not
doing so!
In fairness Kitty Holland in the Irish Times has accurately reported the rate of actual
repossessions and court applications for repossession and columnist Fintan OToole has
exposed his Tommy Cooperstyle deception on tax equity in favour of the very rich.
The Minister refused. This means that the government has given the green light to the
banks they own, to continue to evict families.
Court Orders for repossession of 47 primary residences were granted at Clonmel and
Nenagh Circuit Courts in the first 3 quarters of 2015. A further 8 buy-to-lets which also
house families were also repossessed. Banks are now seeking a further 97 repossession
orders for dwellings in Tipp, of which 32 are being sought by AIB, EBS and Permanent
TSB which are owned by the Government through Michael Noonan (FG) Minister for
Finance
Minister Noonan claimed that the issue was being reasonably handled by the banks.
Totally misrepresenting the situation, Mr Noonan quoted the 208 orders for repossessions
for the whole country for Quarter 3,2015 as representative of the scale of the problem.
COURTS ONLY SIT FOR 1 OF THE 3 MONTHS IN QUARTER 3!! The Court
Service Figures for the whole country for Quarters 1 and 2 are 586 and 314 respectively.
The proposed Eviction of 97 Tipperary Families Must Be Stopped Now!
Senior Minister Alan Kelly (Lab) and Minister of State Hayes(FG) must now intervene at
Cabinet to have a Housing Emergency Declared and all repossession applications
withdrawn.
In particular they must force Minister Noonan to withdraw the repossession applications
by the banks he owns.
This can be done by government decision and does not require legislation.
Seamus Healy T.D.
18/01/2016
The full information provided by the Courts Service and reported by Kitty Holland in the
Irish Times Last November is: Of the 1,088 court orders for repossession made in the
three quarters of 2015 up to September 30, 758 were for primary homes, 131 were for
buy-to-lets and 199 were for other dwellings. -Irish Times
There was a huge increase in possessions in the April to June period. Mr Noonan omits
this information, and picks the figure for Q3 which he then implies is typical though it
contains one month( July) figures only! The reason the Central Bank figure for Q3 (207) is
slightly above the Courts Service figure (188) may be that the Central Bank figure contains
High Court orders in addition to the Circuit Court orders supplied by the Courts Service.
In time honoured fashion Spinner Noonan, to cover his tracks claims that it is others who
are misrepresenting the situation! The idea that tens of thousands of houses are being
repossessed is just not correct he said. Additionally, this allows him to suggest that the
repossession problem is really minimal and not nearly as bad as is being represented.
No journalist or serious person has spoken about tens of thousands of repossessions.
1,088 orders in the first 3 quarters of 2015 is already a disastrous figure!!!
For example, Kitty Holland, Irish Times Nov 12, 2015. says
: Banks have sought to repossess almost 4,500 homes since the start of the year up to
September 30, the latest figures from the Courts Service of Ireland indicate-Kitty Holland,
Irish Times Nov 12, 2015.
This is in line with the Central Bank Report: During the third quarter of 2015, legal
proceedings were issued to enforce the debt security on private dwelling house mortgages
in 1,687 cases (Central Bank Report).
Noonan invents the tens of thousands in order to minimize a problem which is in fact
already disastrous-the oldest trick in the book of the spinner.
STATE DIRECTION OF BANKS IS UNTHINKABLE!-Noonan
The right of human beings to stay in their own homes is a most important right. The vast
majority of people in mortgage difficulty are entirely blameless for their own predicament.
They were setting up homes at a particular time. They may have had to move jobs or have
been transferred in their job at a particular time. They were failed by the state and by its
organs such as the central bank and the financial regulator and by the government of the
day.
But Mr Noonan believes that there are superior rights and superior interests and that the
vindication of the rights of householders to stay in their own home is a secondary
consideration even if families must be placed in hotel rooms or hostels and may be
dispersed.
Mr Noonan: Notwithstanding the fact that the State is a shareholder in these institutions, I
must ensure that these banks are run on a commercial and independent basis to ensure the
value of the banks as an asset to the State
Finance Minister Noonan has already made clear his intention to sell the state owned banks
to private investors. Clearly, he is concerned to maximise the sale value of the banks.
Mr Noonan voted in the Dil to compensate in full international investors who risked their
funds in Irish Banks. Money was borrowed from international financiers to pay this
compensation. Now Minister Noonan and the FG/Labour Government are using the banks
to collect money originally paid to international investors in the same banks from the Irish
population. Accordingly, Banks are allowed to charge interest rates to all Irish borrowers
which are well above average rates in other European countries within the Eurozone. The
value of houses in Ireland has now risen. Hence the huge rise in repossessions between
Quarter 1 and Quarter 2 of 2015.
The Priority of Government is that the banks be fattened up for privatisation
Mr Noonan also tries to give the impression that he has no power to give instructions to
state owned banks.
He says: There is a relationship framework, signed by my predecessors in office, with the
banks and the essential component is that the political side will not interfere in commercial
decisions
Many listening may have got the impression that Mr Noonan had no power to instruct the
government owned banks. The old omission trick! Mr Noonan omitted the words
voluntary from voluntary relationship framework -And he blames his predecessorsFianna Fil- as well!
The truth is that Mr Noonan can withdraw from the relationship framework at any time.
He has taken a political decision to continue to honour it-and to allow the banks to evict
Irish families!
He then drags up the notion that stopping state owned banks from evicting people would
lead to people applying to their local TD for a loan and that the notion of state owned
and directed banks was preposterous! Of course there have been state owned banks in
Ireland for decades and there have been such in other European countries for even longer.
There are well tried mechanisms for dealing with the problem of people applying to
politicians for loans.
Noonan uses the image to cover up the responsibility of the government for evicting
people on the one hand and extorting money to pay off international lenders from
mortgage holders and small businesses on the other.. Pontius Pilate Lives!!!
Mortgage Arrears Problem is Being Solved Progressively-Noonan
Noonan gives the impression that the mortgage arrears problem is being progressively
solved through helpful measures put in place by his government. The truth is that the
problem of the banks is being solved by repossessing homes and extending mortgages at
exorbitant interest rates for a greater number of years.
Crafty Capitalist Representative
Michael Noonan is a very crafty political representative of the Irish super-rich, Irish big
business and of foreign big business. He is a master of spinning to deceive. He is
assisted in this by the editorial writers and by the media political and economic
correspondents. It would be simple for these to expose him but they have a vested in not
doing so!
In fairness Kitty Holland in the Irish Times has accurately reported the rate of actual
repossessions and court applications for repossession and columnist Fintan OToole has
exposed his Tommy Cooperstyle deception on tax equity in favour of the very rich.
Repossessions of Dwellings by Court Order-From Courts Service
(Q2)April to June 2015
1. Residence
383
buy-to-let
97
other
106
Total
586
29
52
Q3 (July to September)
Q3 Central Bank
order.
Q1,Q2,Q3
314
142
41
188
131
199
1088
The data, released to The Irish Times, also shows 1,088 repossession orders were granted
by the courts in the first nine months of the year, almost 70 per cent more than the
644 granted in the same period last year and 350 per cent more than the 240 granted
in the period in 2013.
Of the 1,088 orders made, 758 were for primary homes, 131 were for buy-to-lets and 199
were for other dwellings. Kitty Holland Irish Times Nov 12
These cases (court orders) in the statistics are not the only cases in which a financial
institution is foreclosing. The vast majority of mortgages contain a foreclosure clause
which becomes operative, without the need for a court order, if there is any failure in
payment of instalments.
Accordingly, only figures supplied by the credit institutions would disclose the overall
number of properties being recovered or sold by credit institutions.-Statement From
Courts Service August 6,2015
Noonan in Dil Jan 14
Central Bank. During the third quarter of 2015, legal proceedings were issued to enforce
the debt security on private dwelling house mortgages in 1,687 cases. During quarter three,
there were 798 cases where court proceedings concluded but arrears remained outstanding.
In 329 cases, the court granted an order for repossession or the sale of the property. A total
of 422 properties were taken into possession by lenders in the quarter, of which 207 were
repossessed on foot of a court order. The remaining 215 were voluntarily surrendered or
abandoned.
Ml Noonan On the question of repossessions, 207 houses were repossessed on foot of a
court order(in 2015-ph), which does not equate to the tens of thousands of houses
sometimes mentioned in commentary. Jan 14
question of repossessions, 207 houses were repossessed on foot of a court order, which
does not equate to the tens of thousands of houses sometimes mentioned in commentary.
There are 121,000 restructured mortgages on private dwellings, with a success rate of
86.6%. That means the arrangements stick in just under 87% of cases. The problem is
being solved progressively. I appreciate it is very hard on people and I can appreciate that
people who lost their jobs do not have money. I also appreciate the concerns and how upset
people are. In a very extreme situation, the issue is being handled reasonably well by the
banks
Claire Knowles (56) of Castlejane, Glanmire, Co Cork, who will remain on bail until
Wednesday evening after which time she will return to Limerick Prison unless she has
purged her contempt of the possession order. Photograph: Collins Court
A High Court judge has ruled a woman was lawfully jailed for contempt of a court order
requiring her hand over possession of her home to a bank.
Mr Justice Richard Humphreys told Claire Knowles she may remain on bail until 7pm on
Wednesday after which time she will return to Limerick Prison unless she has purged her
contempt of the possession order in the interim.
Ms Knowles was jailed by a judge at Cork Circuit Court on December 8th for contempt of
a court order of January 2014 requiring she hand over possession of her home near
Glanmire, Co Cork, to Bank of Ireland.
She was freed on conditional bail on December 10th pending the outcome of the inquiry,
under Article 40 of the Constitution, into the legality of her detention.
Giving his decision on Tuesday having heard arguments by Ms Knowles and the State, Mr
Justice Humphreys said he was bound by other court decisions concerning Article 40
inquiries and, in all the circumstances, must rule the detention is lawful.
He will give a written judgment outlining his reasons for that decision at a later stage.
The contempt application was brought by solicitors representing Bank of Ireland arising
from a mortgage taken out with ICS Building Society on Ms Knowles home at The Pines,
Castlejayne Woods, Glanmire, Co Cork.
An order for possession of that property was made by the Circuit Court in January 2014
and the High Court dismissed an appeal against that order in July 2014. Ms Knowles later
got an order from the Master of the High Court extending the time effectively for a second
appeal.
Attachment and committal proceedings were brought last October against Ms Knowles for
contempt over her failure to hand over possession and were adjourned to December 8th
when Cork Circuit Court directed her detention in Limerick Prison.
Ms Knowles was freed on conditional bail on December 10th pending the outcome of the
High Court inquiry, initiated the previous day under Article 40 of the Constitution, into the
lawfulness of her detention.
In his decision today, Mr Justice Humphreys commended Ms Knowles for the manner in
which she presented her case but said his hands were tied by various rulings which meant
he could not direct her release.
Among arguments advanced by her to support her claim that her detention was invalid, she
argued there was an error in the title of the committal warrant in that it was in the name of
ICS when it was lawyers representing BOI who sought her committal. She also argued she
was wrongly refused an adjournment of the contempt application so as to allow her try and
get legal representation.
Remy Farrell SC, for the governor of Limerick Prison, argued the net issue in the Article
In addition the executive was working to ensure 500 modular homes would be delivered
next year to provide temporary accommodation for homeless families. National
homelessness data for October are to be published by the Department of the Environment
over the weekend.
2015 irishtimes.com
Why has this happened? Its a simple equation of supply and demand. To give the short
version of the housing boom and bust: we spent a few years building too many houses
(more than 93,000 in 2006), many of them in the wrong places, then spent a few years
building far too few (8,301 homes in 2013) anywhere.
Things improved a little last year: 11,016 homes were completed, but thats fewer than the
number the year records began, 1970, when 13,887 houses were built. The 11,016 built last
year are just over half what the Housing Agency says is the minimum needed to meet
demand.
Theres an inevitable trickledown effect. Without enough homes for sale, would-be buyers
keep renting. More people renting in a market with fewer homes pushes up rents. More
people renting who in a normal market would have the money to buy pushes it up even
further.
Real solution
At the end of the chain are people who cant afford to rent anywhere, and for whom social
housing isnt available.
The only real solution is to build more. Construction 2020, published in May 2014, was
the Governments first response to this need. To a large degree it was a strategy for
strategies, recommending the setting up of taskforces and working groups.
The recently announced Budget 2016 has more solid housing-construction measures. Four
thousand houses are to be provided next year under the first phase of an initiative to build
20,000 homes on sites controlled by the National Asset Management Agency by 2020.
About 90 per cent will be in the Greater Dublin Area, and three-quarters will be starter
homes.
This weeks housing package also included an initiative aimed at kick-starting the
construction of 7,000 more affordable homes in Dublin and Cork. Developers will receive
rebates on construction levies where a scheme has more than 50 homes and where houses
are priced at less than 300,000 in Dublin and 250,000 in Cork.
These initiatives should help to speed up supply, but building houses takes a couple of
years on average, so this doesnt alleviate the immediate pressures on the rental market.
Thats where the new deal should help. The two-year rent freeze gives private tenants
breathing space to muster a deposit towards their own home if they so wish or to find a
better deal if measures to increase supply and reduce prices work.
One announcement this week could bring a glimmer of hope to tenants reliant on State
support. Tax relief will be introduced to encourage landlords to rent their properties to
tenants in receipt of social-housing supports such as rent supplement. These landlords will
be able to claim 100 per cent tax relief, up from the current 75 per cent. This carrot is more
likely to yield results than any of the Governments rent-regulation sticks.
The Government also hopes to boost the market by making apartment construction more
appealing to builders. Its guidelines on apartment standards enforceable by ministerial
direction are to be issued early next year.
Apartments for hipsters
Here the Government is following the example of Dublin City Council, which has put
forward the notion of smaller apartments for renters only described by one councillor as
apartments for hipsters. With 63 per cent of renters aged under 34, and multinational firms
that the Government is so eager to attract saying that they cant find accommodation for
their workers, there may be a case for allowing these smaller units.
Another form of rental provision, which is likely to prove more popular, is the idea of
public housing. This would involve having private developers and investors build housing
on council land, combining social rental with private rental.
Two schemes put forward in the Budget seem similar in intent. One is the concept of an
affordable-rental scheme, for which 10 million from the sale of Bord Gis has been set
aside to fund a pilot project. This will be aimed at people whose incomes are above the
threshold for State rental assistance but who cannot afford private rents.
The other, for social-housing tenants, involves a new form of public-private partnership in
Dublin. In the new scheme, sites stay in the ownership of the State, and the developer
receives payments for 25 years, after which the houses or apartments return to State
ownership.
These are positive moves that could stave off a similar rental crisis in future. But they are
unlikely to help people who right now cant afford, or cant find, a place to rent.
2015 irishtimes.com
People were badly educated in 1950, a grand total of 4,500 students sat the Leaving
Certificate exam and the number in all our universities combined was 7,900. The entire
output of Irish broadcasting was seven hours of radio a day. There were just 43,000 phone
lines in the State, only a third of them domestic.
And yet the State could build social housing.
The Irish economy, dominated by agriculture and food production, was a paltry thing: total
exports in 1949 amounted to just 61 million.
Almost all of this went to the UK as raw product the characteristic Irish export was a live
cow in the hold of a cattle boat. In order of scale, the leading Irish exports in 1949 were
cattle, horses, fresh hen eggs, ale/beer/porter, chocolate crumb, dead turkeys and tinned
beef. This makes tinned beef our leading manufacturing export.
And yet the State could build social housing.
The estate I grew up in, Crumlin in southwest Dublin, was built by the local authority,
Dublin Corporation, with funding from the central government. The process actually
started in the 1930s, during the Great Depression: 250 acres of south Crumlin were
acquired by compulsory purchase in 1934 and the building of over 3,000 houses began
more or less straight away.
The project was far from perfect. The houses were too small most, like the one I grew up
in, had just two bedrooms for big (often extended) Irish Catholic families. (Our household,
by no means untypical, had three adults and five children.) Services and facilities were
slow to follow.
But the rent was affordable and the houses were a hell of a lot better than what most people
had before.
My mother had been living (with seven other people) in what was essentially a one-room
cottage in the Liberties; my father grew up in a little hovel off the Dublin quays.
The market never had and never would give them a decent place to live the State did
so instead. For all the problems, people in Crumlin had a secure roof over their heads and
the chance to build a good community. We had homes.
Why could the State do this in the hungry 1930s and the postwar 1940s but not now?
Not because we cant but because, as Enda Kenny put it last week, interference in the
market must be avoided. The desperation to avoid the simple conclusion that government
should build houses for people who need them is about ideology, not resources. Fine Gael,
in particular, seems incapable of understanding housing as anything other than a market.
Free-market ideology
It is striking that the decline in the building of social housing in Ireland follows directly
from the rise of so called free market ideology in the Thatcher/Reagan era. In the mid1970s, social housing made up a third of all new houses. The shift in which that proportion
dropped to just 5 per cent was as disastrous economically as it was socially the property
bubble could not have inflated without it.
And still, after all weve been through, 75 per cent of the Governments promised social
housing is to be built (supposedly) by the private sector.
There is an almost obsessive fear of stating the obvious that a large proportion of people
will never be decently housed by the market. Those citizens need a State thats not afraid
to clear the ground of narrow ideology and build on the foundations of real human needs.
That might involve relearning another forgotten word republic.
2015 irishtimes.com
From Dr MICHELLE NORRIS UCD
Sir, Fintan OToole (Opposition to social housing is matter of ideology not economics,
Opinion & Analysis, October 20th) in part answers his own question when he asks why the
State could afford to fund a major social house-building programme during the hungry
Fifties when there was no free secondary education and many of the social welfare
benefits available today did not exist. Relatively low spending on most other public
services facilitated levels of public investment in housing which were the highest in
western Europe at this time.
Growing spending on social welfare and health, particularly during the 1970s, is one of the
reasons why spending on social housing was cut back. Therefore, unlike its counterparts in
the inter-party government of the 1950s, the current Government faces the challenge of
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seachranaidhe1
May 1, 2016 at 7:27 pm
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Reblogged this on seachranaidhe1.
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Paddy Healy
October 20, 2016 at 11:16 am
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Thanks Derry
1. October 20, 2016 at 10:00 am
Healy condemns shocking eviction attempt and compliments Anti Eviction
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