Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

It is not clear from the Deputy's amendment whether it is "and ordinarily resident" or "or ordinarily resident" which is intended to be added to the text in section 53. In either case the amendment is not desirable. The current text of the provision deals with ordinary residents in the next paragraph. I am advised one cannot state that "domicile" encompasses "ordinarily resident" as it does not necessarily do so. The two concepts are different and separate. Being domiciled in the State means having a fixed and permanent home here with, crucially, an intention of remaining here or returning if absent. To change one's domicile would mean moving to another jurisdiction and intending to remain there permanently or at least indefinitely. A person being ordinarily resident in the State means he or she resides here, which is largely a factual determination based on previous residence patterns. It is possible to be domiciled in the State without being ordinarily resident here and vice versa.

Sections 53(1)(a)(i) and 53(1)(a)(ii) provide for alternatives. A debtor can either be domiciled in the State or ordinarily resident in the State or have a place of business in the State. In this context I refer the Deputy to section 53(1)(a)(ii). To add "ordinarily resident" to section 53(1)(a)(i) would make the provision and possible alternatives unclear and introduce uncertainty and complications unnecessarily. In the circumstances, I ask the Deputy to consider withdrawing the amendment. Either way I cannot accept it.

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