New bill to allow courts to consider children in home repossessions

Proposals from Kevin ‘Boxer’ Moran TD

A new bill allowing courts to take into account a range of additional circumstances in repossession cases, including the effect of home loss on children, has been tabled by the Independent Alliance.

The bill is proposed by Longford-Westmeath TD Kevin "Boxer" Moran to follow through on commitments in the Programme for Government to avoid repossessions "insofar as is possible". Mr Moran is seeking the support of his government colleagues in Fine Gael for the legislation, and is meeting Minister for Justice Frances Fitzgerald on the issue.

Minister for Transport Shane Ross, who helped Mr Moran announce the bill on Thursday, said the Independent Alliance also hoped it would attract cross-party support. Mr Ross said it was a relatively uncontroversial measure.

The Keeping People in their Homes Bill 2017 creates a statutory base for courts to take into a range of new factors when deciding on repossession cases. Courts would be able to consider the effect home loss would have on all members of the household, particularly their physical and mental health. They would also be able to examine alternative arrangements to repossession, such as mortgage-to-rent schemes, and whether there is alternative accommodation that would allow the family stay together.

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“In addition, the courts can consider the cost to the State of providing emergency accommodation and support services to the household in the event of home loss,” a statement on the proposals said.

Mr Moran, who is the Independent Alliance’s chief whip, said: “This means that courts can take into consideration the whole household’s circumstances and the impact that granting, adjourning, varying, postponing or executing an order for possession of a home would have on their lives.”

He said that some 30,000 households are at risk of home repossession, which could cause 100,000 people, including children, to become homeless.