Dáil debates

Wednesday, 7 November 2012

Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage

 

4:35 pm

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

There are certain debts that people will have to discharge because of their nature. If there is a sum due to a local authority, it will have to be discharged because the shortfall would effectively have an impact on everybody living in the local authority area. It is not a question of paying a management company as such. Where there is an apartment block, the owners or someone exercises management control. I do not refer to money for the management company but to money to meet the running of the apartment block. We are saying that someone in the process who may continue to live in the apartment block and even have a mortgage arrangement to be resolved under the personal insolvency arrangement, and who is continuing to avail of all of the services of the apartment, including having someone cut the grass and carry out maintenance, will have to pay what is owed. The sums in question for those living in an apartment are not usually enormous in any case.

The proposal would have an impact on too many disparate individuals. We do not want to create circumstances in which owners of apartment blocks find themselves paying money to management companies to keep engaging in this sort of process, which may make it unviable for them to participate because of the difference between the cost of participation and the sum actually due. There are certain debts, identified as a matter of policy, that will have to be paid where one goes into a PIA or DSA. Those engaged in the process for the arrangement will know their debts will have to be paid in the context of that process. They are readily identifiable.

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