Bankruptcy (Amendment) Bill 2015: Committee and Remaining Stages
Sections 1 to 3, inclusive, agreed to.
Question proposed: "That section 4 stand part of the Bill."
Senator Averil Power:http://www.oireachtas.ie/members-hist/default.asp?housetype=1&HouseNum=24&MemberID=2351http://oireachtasdebates.oireachtas...351&pid=AverilPower&year=2015&month=12&day=17 I noted the Minister of State's response on the transitional periods but I am no more enlightened than was the case when I asked the question. He stated he is satisfied that the transitional period will work smoothly. The specific question I asked relates to the approximately 1,000 people who have already been in bankruptcy from more than 12 months. As I understand it, they will become eligible to be discharged six months after the Bill comes into force. Will they all become eligible on that date and will the Insolvency Service of Ireland then be obliged to work through each of the individual cases and be satisfied that the bankruptcy is appropriate and that they should not be extended to a longer time limit or will it start working immediately after the Bill is passed and use that six-month period to deal with people, in chronological order perhaps, starting with those who have been in the process the longest and start letting people go on a week by week basis rather than ensuring that all cases fall due on the same date?
Minister of State at the Department of Justice and Equality (Deputy Aodhán Ó Ríordáin):http://www.oireachtas.ie/members-hist/default.asp?housetype=0&HouseNum=31&MemberID=2301http://oireachtasdebates.oireachtas...&pid=AodhanORiordan&year=2015&month=12&day=17 Not everybody will be eligible on the same day. They will be dealt with on a staggered basis.
Senator Averil Power:http://www.oireachtas.ie/members-hist/default.asp?housetype=1&HouseNum=24&MemberID=2351http://oireachtasdebates.oireachtas...351&pid=AverilPower&year=2015&month=12&day=17 They will have to wait for six months. Will the six months be used to release people now from bankruptcy or will they all have to wait six months before the process starts?
Senator Aideen Hayden:http://www.oireachtas.ie/members-hist/default.asp?housetype=1&HouseNum=24&MemberID=2384http://oireachtasdebates.oireachtas...84&pid=AideenHayden&year=2015&month=12&day=17 I have a question on the same point. It is my understanding, and perhaps the Minister will put me right on this, that the purpose of the six months was to allow the official assignee to determine whether there was, in fact, any reason the bankruptcy term should be extended, in other words whether there was any hiding of assets or fraud. My understanding of the six-month period is that it will simply be to allow the assignee to determine whether the bankrupt should be discharged.
Deputy Aodhán Ó Ríordáin:http://www.oireachtas.ie/members-hist/default.asp?housetype=0&HouseNum=31&MemberID=2301http://oireachtasdebates.oireachtas...&pid=AodhanORiordan&year=2015&month=12&day=17 I reiterate the point that under the transitional provisions, assuming there are no grounds for extension an existing bankruptcy which was due to terminate three years after adjudication, if it is already due to terminate less than six months after the commencement date, will terminate on its due date. Otherwise, it will terminate one year after adjudication or six months after commencement if that is the later date.
Senator Averil Power:http://www.oireachtas.ie/members-hist/default.asp?housetype=1&HouseNum=24&MemberID=2351http://oireachtasdebates.oireachtas...351&pid=AverilPower&year=2015&month=12&day=17 Will the Minister of State to confirm, as Senator Hayden outlined, that the six months will be used to go through the files so the body of work has been done during the transitional period? Will the six months being used for this purpose, so that in six months time some people will be let go on day one, day two and day three? With respect, it has taken a lot of tick-tacking between the Minister of State and the officials for him to understand the position.
Deputy Aodhán Ó Ríordáin:http://www.oireachtas.ie/members-hist/default.asp?housetype=0&HouseNum=31&MemberID=2301http://oireachtasdebates.oireachtas...&pid=AodhanORiordan&year=2015&month=12&day=17 No problem.
Senator Averil Power:http://www.oireachtas.ie/members-hist/default.asp?housetype=1&HouseNum=24&MemberID=2351http://oireachtasdebates.oireachtas...351&pid=AverilPower&year=2015&month=12&day=17 I am just seeking clarity.
Question put and agreed to.