Hi Banker
The setting up of a new Building Society is dealt with by the Building Societies Act 1989. The big stumbling block would be that you would need to get approval from the Central Bank, who would be very slow to approve it.
In the past, they were set up by a group of like minded people e.g. teachers set up the EBS, Civil Servants set up the ICS BS. It's possible that these groups might support the setting up of a Building Society.
The big problem would be in attracting deposits.Depositors are nervous at the moment and would be unlikely to put money on deposit in a small, new institution.
In the old days, there was a good margin between lending rates and deposit rates - there isn't anymore as banks compete for deposits. So you would have to pay at least 3% for deposits. So you would have to lend at 4%, at the very least. I think that EBS is charging 4.25% at the moment. The existing mortgage lenders are funding a good part of their book through the ECB at 1%. I doubt if you would get funding at 1%.
I think that lending to buy property is risky at the moment. If someone doesn't pay, the legal and political systems do not make it easy for the lenders to recover their security.
It was a mistake by the current government to force the EBS into AIB. I have seen no rationale for it at all. If they had recapitalised the EBS, it would return to profitabilty in time and would offer extra competition in the market.
Having said all that, the idea of a mutual lender is a good one. If you started the process of setting one up now, the market could well have recovered some element of normality before you are ready to take deposits.
Could the Credit Unions get together and support a mutual? They would have the funding for it. Their members would probably deposit with it.