Ms Tara Keane:

It is difficult but, fundamentally, you would potentially be risking the viability of other small and micro companies. That is the balance we grappled with when we were developing the process. We had significant engagement through the Company Law Review Group with the likes of ISME and other business representatives, and the consensus was that retaining the best interest of creditors test that applies in examinership was a fundamental element that should be retained in SCARP.