There have been many occasions in the last number of years whereby successive governments have proposed and passed laws that are borderline unconstitutional and downright anti-citizen.
The Amended Land and Conveyancing Act 2013 being a very memorable one in which the then Minister for Justice Alan Shatter proposed a Bill which was enacted into law by his fellow TD’s, and all on a night that saw the Dail and some of its lawmakers spending more time drinking at the bar rather than reading a Bill that was to subsequently wreak havoc on thousands of innocent families, small investors and other individuals.
The Bill was designed for banks by their well- paid legal advisors to remove any protections for people who were victims of the greed of those same banks.
Today in the Senate we have an equally underhanded attempt by Fianna Fail, Fine Gael and the Greens to push ahead with a little-known Bill that seeks to hide what is a very devious attempt by the coalition to get around the Hearsay Evidence Rule. This rule has been used to great effect by recent Supreme and High Court rulings that have stopped vulture funds dead in their tracks.
The Bill is called the “Civil Law and Criminal Law (Miscellaneous Provisions) Bill 2020. This Bill is intended to primarily deal with issues surrounding Covid-19 emergency legislation, however, hidden in Chapter 3 is a section dealing with “Business Records”.
In a nutshell, the vultures have demanded that the government enact legislation that allows them to get around the Hearsay rule by introducing “admissible business documents from 3rd parties” that currently have no legal standing in the courts. These are photocopies of original documents that have been lost, destroyed or not available for many other reasons.
The Doherty Bill is trying to allow for photocopies, of photocopies, of photocopies, to be allowed into evidence so as to have a family evicted on the flimsiest of evidence.
This attempt to undermine the independence of the courts to look at a case fairly and impartially is clearly a blatant interference with the administration of the law and seeks to tie the hands of the judiciary so that vulture funds can continue with their state enabled evictions.
Senator Regina Doherty proposed the Bill in the Senate and it is expected to pass to the Lower House within a matter of days for swift progression to President Michael D Higgins to sign it into law.
Over the years there have been pushes to have the Hearsay Evidence Act taken out of the law books by the Justice Reform Commission as well as other parties with vested interests in its removal.
However, in this case, it is understood that heavy lobbying by vulture funds and their legal representatives to the Department of Justice following alarming recent judgements and thus the concern is that the government have jumped to the job and did their bidding without demur.
None of this is in the programme for government and will be downplayed as a tidy-up “modernisation” instead. However, should the Bill pass all stages and be signed into law as expected, it does not allow for due process as the balance of power will automatically be with the vulture funds and thus will not afford any protections for the legally represented or lay-litigant facing the courts.
Sinn Fein, other opposition parties and independents need to step up to the plate, oppose this Bill and send a clear message as to whose side you are taking. No one in opposition should be a bystander.
If you let vulture funds and the Arthur Cox’s of this world dictate how to run the country then you are allowing a grievous injustice to prevail and punishing those who have been fighting not just battles in the courts, but also daily battles for their own mental health.
15h ·
Betrayal of a Nation, tomorrow Thursday the 30th of July!
The Irish Government will attempt to ratify a bill that allows Vulture funds and Banks to rely on Hearsay Evidence, Centuries of legislation will be abolished to appease Vultures Funds who Evict Irish Families. Such is the irony that a prominent Dublin Law firm, who is retained by the same Vultures and banks, drafted this Bill.
To add insult to injury, Regina Doherty who voted for the Eviction Bill is behind this New Bill that will allow the courts to accept the word of an agent of a Vulture fund or Bank as irrefutable evidence, no doubt seal the faith of every mortgage holder facing eviction. Please share this to everyone, it’s another Eviction Bill
Press release III:
Of late, many farmers groups for example have expressed public concern over vulture funds allegedly buying their loans and their fear of losing their livelihood and their home to these money driven parasites.
This amendment as it currently stands will make it much easier for vulture funds to appoint receivers without any chance of a legal challenge, and indeed foreclose on the farmers and their livelihoods. Fianna Fail has always touted themselves as the ‘farmers party’….. well they got away with effectively standing on the sidelines by abstaining in the 2013 Land and Conveyancing Act when it was voted through the Dail ( they weren’t needed, FG had a sufficient majority even with FF abstaining), what will Fianna Fail do this time, we think that all relevant farmers groups and their representatives should be making representations to the Government, and all their elected TDS and Fianna Fail TDs in particular and asking them if they are going to vote this bill in with Chapter Three included as it currently is worded, and if they are, how are they going to justify that to one of the key demographics that they rely on for their vote around the country.
And for all those who recently found because of Covid they may have had their first experience of not being able to pay their mortgage, are these people too going to stand on the sidelines and wait to see what might happen.
A lot of very good and dedicated people have over the last number of years managed to gain traction in the courts by presenting logical and valid arguments that were making it more and more difficult for vulture funds in particular.
All of that work, and indeed the hopes of many, many people in this country, from all backgrounds, will be effectively taken away by the stroke of a pen if this is allowed. This affects every one of you, and even if you don’t already know, will be affecting your family, your neighbours and your friends. The time for Irish people to be railroaded this way is long since over.
In particular as this specific amendment was effectively ‘hidden’ in legislation that uses the cloak of Covid 19, and peoples fears, is abhorrent, and if we stand idly by for this, then we can have no complaints when we find ourselves being before the courts, losing our homes and our livelihoods with no defence to call on…. If everyone pulls together, and makes the political elite aware that we are not going to stand for this, then there is still a chance to stop this injustice, publicity and public opinion are the key, and all groups working together to the one end…..
#nomoreevictions Fight the Banks and don’t give up your home.
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Nothing in the above can be construed as legal advice.
If you require legal advice: seek a solicitor.
If you require mediation: seek a mediator.
Want to go ‘pop’; seeks the advice of a PIP.