Oireachtas Joint and Select Committees

Tuesday, 15 June 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Companies (Small Company Administrative Rescue Process) Bill 2021: Department of Enterprise, Trade and Employment

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I thank the Senator. In regard to the second question, while I was engaged in the preparation of this Bill, I will let Ms Keane comment on whether it was considered, although I am sure it was. The benefit here is to try to encourage everybody to get involved in this process to save the company and protect its ongoing debts in general, so there is a chance of paying them. We hope a majority would buy into this process, as opposed to objecting to it or going into the courts process. I understand the point the Senator is making, that is, that one individual, large creditor could have an impact on the overall process. If it is returned to the courts for an opinion, the reasons for that objection would naturally be first judged by the courts and they are the best place to do that. Our Constitution contains protection of property rights so, at all times, there has to be access to the courts, if needs be. Naturally, the aim here is that we can avoid that but there has to be full support in general. Ms Keane might want to come in on whether it had been considered previously.

Comments

No comments

Log in or join to post a public comment.