Oireachtas Joint and Select Committees

Wednesday, 27 March 2013

Joint Oireachtas Committee on Justice, Defence and Equality

EU Regulation on Insolvency Proceedings: Motion

11:45 am

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail) | Oireachtas source

My question relates to the same basic issue. We are all aware of the flight of some people, predominantly to the neighbouring jurisdiction, to avail of bankruptcy proceedings there. How will the current practice change under the proposal, assuming we opt into it? We agree with the comments on companies and entrepreneurs and the provision of a second chance. That is the right thing to do and we support it. However, we are all aware of anecdotal evidence of abuse by people availing of the system prevailing in the neighbouring jurisdiction, the United Kingdom in particular. Someone who attended my clinic as recently as two weeks ago showed me correspondence from a representative in the UK of a person with whom they had invested money as part of a section 50 student complex. Much of what the correspondence contained was questionable, as is the case with what is happening in similar situations. To take up the point made by Deputy Mac Lochlainn, will more stringent oversight or testing apply under the new proposals?

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