Niall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 26:

In page 27, to delete line 32 and substitute the following:“(I) is appropriate to the needs of the debtor or the debtor’s family,”.

Again, this pertains to the value of the motor vehicle in the context of valuing people's assets. The amendment proposes that the vehicle should be viewed as appropriate to the needs of the debtor and the debtor's family. Car requirements for a two-member family would differ from the requirements appropriate to a family of five or six people. Moreover, the Road Safety Authority has a view on the type of vehicle one would need to carry a family of five or six, as opposed to a family of two or three. If Members take the route of reasonableness and common sense espoused by the Minister in some of the earlier discussions - as they must because one must adopt a practical commonsensical approach - and if they intend to allow the insolvency service of Ireland an amount of discretion through the process, the Minister should seriously consider this amendment. At present, the limit is arbitrary and one could go to two or three different garages along the Long Mile Road and get a different valuation for a car from each. However, the overriding principle here concerns what is deemed appropriate for a family's needs. It should be a small car for a small family and a larger car with greater seating capacity for a larger family. Moreover, one could have elderly dependants, disabled people and so on. At this point, the Minister is familiar with the argument I am making.

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