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
Ollie Crowe (Fianna Fail)
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I thank the Minister of State, Deputy English, and his officials for a detailed briefing. As we are all aware, for anyone involved in business or enterprise, the facts are that during the examinership process, the majority of costs are usually of a legal nature. That this legislation is removing the requirement to go to court will certainly help businesses and will reduce costs significantly.
Where a creditor triggers an objection, there is a requirement to have the scheme confirmed by court. Will the Minister of State advise whether he is concerned about disingenuous or frivolous objections, where creditors might use the threat of such objections to attempt to secure enhanced payment for themselves over other creditors? Is this a concern? Was consideration given to imposing penalties for such objections, such as the creditor having to pay any legal costs and so on? I will leave it at that.