I thank Deputy Boyd Barrett for initiating this Bill.
The Bill proposes to cap mortgage interest rates on private dwelling home mortgages and to give the Central Bank the power to issue a direction to all mortgage lenders setting out the maximum APR chargeable on housing loans, that being a rate not exceeding 3%. The Government is opposing the Bill and I will outline shortly some of the reasons it should not be accepted.
I acknowledge the intention behind the Bill, which is to help people with their mortgage repayments and ensure that the cost of a mortgage is not inappropriately high. I share the Deputy's concerns about the difficulties that the current level of interest rates, and the cost of living more generally, are causing for some mortgage borrowers and homeowners.
High inflation pushed up costs, reduced people's real incomes and increased economic uncertainty. As interest rates are the main tool to combat inflation, mortgage rates have also increased, putting additional pressure on some households. Since the summer of 2022, the ECB has increased its official interest rates as it sought to tackle high inflation. This increase in official interest rates feeds into the general level of interest rates throughout the economy. However, in a market economy the determination of retail and business lending rates is a commercial decision for individual lenders and creditors. While the level of official interest rates will obviously be a significant factor in such considerations, as it forms a base interest rate for the whole economy, other market and individual business factors also play a role in determining market interest rates and the cost of credit for different types of business and consumer borrowers.
The level of official interest rates does not have a uniform impact on the interest rates charged on retail mortgage and other credit products. Due to their particular contractual arrangements, most tracker mortgage borrowers will see their interest rate change in line with the ECB rates. As a result, such borrowers have seen the largest increase in interest rates over the past two years, albeit from low levels for a prolonged period before that. The pass-through rate has been somewhat lower in the case of variable rate mortgages, but some variable rate borrowers have also experienced large increases in interest rates, in particular those whose loans are held by certain non-bank creditors.
For borrowers on fixed-rate mortgage contracts, their interest rate will not change over the period the interest rate is fixed. In overall terms, due to high levels of mortgage fixation, the Central Bank has indicated that approximately 40% of mortgages will be insulated from higher rates to the end of 2024 or later.
The Government is fully aware that the increase in the level of interest rates, allied to the general increase in the cost of living, is causing difficulties for many mortgage holders. It is essential, therefore, that lenders and servicers assist their customers who are experiencing difficulty. Borrowers should be aware that strong consumer protections and supports are in place and they should fully avail of this framework as needed.
As Deputies will be aware, budget 2024 introduced a mortgage interest tax relief for homeowners with an outstanding mortgage balance on their primary dwelling house of between €80,000 and €500.000. Relief is now available in respect of the increased interest paid on the mortgage in the 2023 calendar year as compared with the amount paid in 2022, at the standard rate of 20% income tax. In addition, a series of other significant cost-of-living measures were provided in the budget to assist households.
The Minister for Finance met the CEOs of banks and other mortgage entities last autumn and indicated that they should support their customers at this time of increases in the cost of living and rising interest rates. In response, the industry outlined a number of further measures to assist their customers experiencing difficulty and provided further clarity on eligibility criteria for switching mortgages. The Government, therefore, has taken a number of important and practical measures to help mortgaged and other households with interest rate increases and other rises to the cost of living.
We should be cautious about looking at simple measures to change the mortgage market. The residential mortgage market is a very significant one for the Irish economy and society in general, and is of particular importance for the financial system and housing market. From an overall perspective, it is important that the mortgage market works and delivers good outcomes for both the suppliers and consumers of mortgage finance products.
The size of the mortgage market is very large in the Irish economy. Based on Central Bank data from the end of 2023, there were 707,000 primary dwelling house mortgage accounts with an aggregate amount of €101 billion. New mortgage lending in 2023 amounted to €12 billion. The intervention proposed in the Bill, which sets a low fixed cap on the price of mortgages without any regard to the funding or other costs associated with providing such products, is a radical measure which could significantly unbalance the market and could have detrimental and long-term negative impacts.
A well-regulated, market-based financial system is designed to facilitate the formation of fair and reasonable prices. The capping of mortgage interest rates at very low fixed levels would not be easily compatible with the operation of an open market economy. Active and free competition between lenders, rather than administrative control of the price of mortgage credit, is a better way to create a sustainable long-term mortgage market as it can better match the demand for mortgages with the costs associated with the supply of such a financial product over the longer term.
The greater the flexibility the suppliers of a product or service have to determine the price they wish to provide a product or service, the greater their desire to enter and compete in a particular market. Where the ability to determine the price is inappropriately restricted or controlled, in particular, if the price is set at a level that will not cover the marginal costs of the service, suppliers will be reluctant to enter or stay in the market.
Given that we have a relatively small domestic financial services market in international terms, it is always a challenge to attract and maintain financial services providers. A Bill such as this would make that a significantly more difficult task. There is nothing more likely to curtail and discourage new entrants to the market, or deter existing participants from remaining in the market, than a law which caps mortgage interest rates at a low level without any reference to the funding and other costs associated with producing and servicing such mortgages.
The pricing of products and the management of risk are core functions of the financial system and the commercial firms operating within such a market. The long-term health and stability of the banking system requires that firms operate on a profitable basis. Well-capitalised banks operating more competitively will, over the longer term, offer lower rates than a system which places strict administrative controls on the setting of mortgage interest rates.
If public authorities were to regulate the pricing of loans, it would be akin to taking responsibility for the management of risk over the course of an economic cycle, which is a core function of the financial system and firms operating within that market. This would also have adverse consequences for the supply of mortgage credit and would, having regard to the level of the cap and the prevailing level of wholesale money market rates, likely be loss making, at least in terms of marginal revenue and costs, for the providers of mortgage products.
Furthermore, to the extent that any new mortgages were provided under such a framework, it is likely that it would be extended only to premium borrowers and would effectively exclude many other creditworthy borrowers from accessing mortgage credit and, by extension, the private home ownership market.
It is not immediately clear if the Bill is to apply to new mortgages only or if it is to also apply to existing mortgages, including fixed-rate and tracker mortgages. If it is the latter, significant legal and constitutional issues would have to be considered. It is also not clear that the Bill's requirement for the Central Bank to issue interest rate directions to mortgage lenders could be compatible with its existing monetary policy, financial stability and prudential responsibilities.
Indeed, the Central Bank has previously indicated that it does not want the power to regulate interest rates and it does not consider that such a development would be in the interests of the financial system or the wider economy. Overall, the Government is of the view that a competitive but well-regulated market is the best way to achieve a sustainable mortgage market. Ultimately, more competition and more choice will better serve the interest of consumers. It should be noted that a range of mortgage products, from various types of green mortgages to different fixed interest rate products, including long-term fixed interest rate products, are now available to customers.
On regulation, a robust consumer protection framework is in place for mortgages and other credit agreements. This consumer protection framework provides the same protections for all consumers, regardless of the regulated entity with which they are dealing. This framework seeks to ensure that all Central Bank regulated entities are transparent and fair in their dealings with borrowers and that borrowers are protected from the beginning to the end of their mortgage life cycle. The consumer protection framework available to relevant borrowers includes these protections and rights under the Central Bank’s consumer protection code and the code of conduct on mortgage arrears. In addition, it includes the right to take an unresolved complaint a consumer may have with a financial provider to the independent Financial Services and Pensions Ombudsman. It is important that this consumer protection is kept under review and, as Deputies will be aware, the Central Bank is currently carrying out an in-depth review of its consumer protection code. It currently expects to introduce a new consumer protection regulatory framework early next year.
The Government does not agree that official administrative interest rate controls are the best way to regulate the mortgage market or help borrowers. The Minister for Finance has made it clear to the mortgage industry that it should support its consumers at this time of increases in the cost of living and rising interest rates. The Minister and his officials continue to work closely with all relevant stakeholders to ensure that borrowers are protected to the maximum extent possible. The Central Bank continues to closely regulate firms to ensure that they meet their obligations under the existing regulatory framework, including how lenders approach and implement changes and deal with borrowers facing mortgage arrears with respect to their obligations under the consumer protection code and the code of conduct on mortgage arrears.
The recent reduction in ECB interest rates is a welcome development. Tracker borrowers will benefit from this, as they will also benefit from an upcoming change in September to the way that the ECB conducts its monetary policy operations. Taken together, these changes will see a significant reduction in tracker mortgage interest rates.
We thank Deputy Boyd Barrett for the opportunity to discuss the Bill. The proposal he brought before the House is well intended. I hope he will understand that, for the reasons given, the Government cannot support it proceeding from this Stage.