Dáil debates

Friday, 3 February 2012

Family Home Protection (Miscellaneous Provisions) Bill 2011: Second Stage

 

10:30 am

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Independent)

I start by thanking the Government for introducing this mechanism. For me and I imagine for all of us, being a Member of Dáil Éireann is an extraordinary honour. This is my first time introducing legislation to the Dáil and it is the most amazing privilege as a citizen of Ireland and a Member of the Dáil to be able to do so. I am sure Deputies present who are not Ministers may have already had a chance to use this facility. While I know there is a long waiting, I hope many do so. On a personal level, as a new Member of the Dáil, it is a great privilege to be here this morning introducing this legislation.

I also thank my fellow Deputies, the Ministers, Ceann Comhairle and the staff for attending. I am quickly learning the multitude of draws on a Deputy's time and I know everybody here could be doing very important work either here in their offices or in their constituencies this morning. I express my sincere thanks to everybody for coming here today. I look forward to debating the Bill, teasing out some of its imperfections, and considering what is useful in the Bill, what the essence of it is and how that might be progressed.

I am aware that the Bill will be voted down on Tuesday. The Minister for Justice and Equality, Deputy Shatter, was good enough to give me some of his time during the week when he outlined some of his concerns with the Bill and I am sure they will be outlined in some detail today. I present the Bill to the House, not as a technically perfect Bill or as something that I believe should be signed into law tomorrow. I present it as what I hope is a solid starting point for a legislative process and through that legislative process, the Dáil, the relevant committee or committees and the Seanad would get to give input to the Bill, refine it, get it right and then ideally pass it into law.

I am aware that the Bill comes in the context of the personal insolvency Bill the Minister, Deputy Shatter, will bring to the House. I read the 164 pages of the heads of the Bill, which as a non-lawyer took several cups of coffee and some time to do. I was greatly impressed with what is a radical Bill, which will provide extraordinary comfort to many citizens. It is a radical stance and a change on behalf of the citizens which will be of enormous social benefit. While it may not be possible, I would very much like to see the essence of this short Bill to make its way into the personal insolvency Bill if the Minister, the Cabinet and the House believe it contains something that would work well as part of that Bill. While I am not an expert in law or in this area, I believe there is a place, potentially as part of the personal insolvency Bill, for this amending clause to be added.

I am aware that the vote will not go my way on Tuesday and I imagine nothing I might say here today will change the outcome of that vote.

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