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

The Deputy proposes the deletion of the current reference to certain categories of debt in section 95. These debts, which broadly refer to charges of a local authority nature, debts owed under the Nursing Homes Support Scheme Act 2009 or arrears owed to a management company under the Multi-Unit Developments Act 2011 may only be proposed for debt resolution in a personal insolvency arrangement, and in a debt settlement arrangement although the Deputy makes no proposal on this, with the express consent of those creditors. This approach in regard to these debts is appropriate. I will give the Deputy the example of a multi-unit development in which a range of people who live in various apartments each owe a sum which is important for the services in the development. The principle is that this should be discharged because if it is not the debt will effectively fall on the shoulders of all of those who have been making their payments and utilising the services. It would be possible for the apartment management, with the agreement of others living in the apartments, to expressly consent to opt into the arrangement but if they do not the debt must be discharged.

If it were not, a range of people in an apartment block, perhaps including elderly retirees, would ultimately have the cost of the debt fall their shoulders in so far as there was a shortfall of income in the block. I do not know the extent to which the Deputy has thought through that issue but I cannot accept the amendments proposed.

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