James Reilly (Dublin North, Fine Gael) | Oireachtas source

I accept the Deputy's bona fides in articulating her concerns. The historical view would have been that a person who was bankrupt was not suitable to be in a senior position. As we all know, however, life in this country has changed inexorably in recent years, with large numbers of people now finding themselves in financial difficulty, in negative equity and so on. As a result, there is a new view abroad. I wrote to the Minister for Justice and Equality, Deputy Alan Shatter, seeking advice on this issue. He indicated that any restrictions on employment consequent on a bankruptcy adjudication or composition are contained in legislation and codes of practice for particular sectors. He referenced the Electoral Acts and the Pharmacy Act 2007 by way of example, to which Deputies opposite also alluded, and to codes of conduct for solicitors, gardaí and so on. In the Minister's view, it is a matter for the Minister responsible in each sector to examine the position and make any necessary changes, and he is already making arrangements to address such restrictions in the broad justice sector. The Minister further indicated that while policy in this regard will be a matter for each Minister, he is of the view that such restrictions should be abolished to the greatest extent possible.

In terms of the stresses to which a person who has been adjudicated as bankrupt would be subject, I cannot imagine how those stresses would be relieved or in any way reduced by the loss of his or her job.

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