Barry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

The principles at stake are equality, voter freedom of choice and discrimination because of socioeconomic status. These are all essential components of the Constitution and have to be addressed before the 28 April deadline.

Removing the ban would bring Ireland into line with the European norm in this area. Bankruptcy bans are more prevalent in common law countries inspired by the United Kingdom model. Traditionally, in Ireland, the ban was viewed through a moral prism which shaped previous debates on the matter. This perspective has moved on, particularly, as I stated earlier, because of the impact of the crisis.

The Bill takes on further importance against the backdrop of the economic crisis and severe financial pressure increasing numbers are under. The reform of the personal insolvency legislation in the State will see a significant increase in bankruptcy numbers in Ireland. This is despite the onerous three-year long period and additional financial drawdown length which will alienate people from the process.

This issue has been thrown into stark relief by the mounting numbers struggling to meet their debts. Today and yesterday, Dáil committees focused on the mortgage crisis that is consuming the lives of more than 100,000 families in Ireland. They belong to a generation defined by the economic crisis. How can we deny those who are no longer able to make ends meet their voice in the national parliament? Surely their opinions are needed to shape the laws that will affect them? With 100,000 homes in mortgage arrears and significant numbers fleeing to the UK to seek bankruptcy, this is a real and present problem in Irish life. These people should not be excluded from a political process that needs to address these problems.

Even if one stands by the dubious principle of the law as it stands, it has fundamental inconsistencies and shortcomings. By its own logic, it simply does not work. Currently the law denies those declared bankrupt in Ireland the right to contest elections. However, if the bankruptcy was pursued elsewhere and in countries where the period is significantly shorter, the ban does not apply. This means the underlying rationale behind the law that bankrupts were incapable of being representatives due to moral or judgmental failures has been essentially bypassed.

The numbers fleeing abroad to avail of less onerous bankruptcy rules are also enjoying an amnesty from the harsh Irish political laws. It is time to challenge this unfairness and the unjustifiable morality behind the law as it stands. If financial mistakes are unacceptable, why not other misjudgments often beyond our own power of influence? The Victorian era sense of priggishness is not sustainable in this day in age.

The prevalence of bankruptcy bans in Commonwealth countries displays that displaced sense of morality where financial difficulties are viewed as a failing. This is not the case in the majority of EU countries. By removing the ban, Ireland will be brought into the international norm.

By denying bankrupts from contesting elections, the principle of equality in political representation is completely undermined. Those seeking bankruptcy tend to be drawn from embattled socioeconomic groups who are unable to meet their financial obligations. This means that a section of society is penalised for its financial problems.

Working men and women who bought at the peak and were caught out by the collapse of prices and the unemployment crisis are further marginalised by a political process that penalises them for availing of one of their few options.

It is a further punishment for events that have often been far beyond their control. A democracy has to be better than this. It must reflect, not exclude, the experience of the people under its rule and this law moves towards this. The Bill, while dangerously rushed, is a welcome measure towards including greater numbers in the democratic process. We have taken strides in Dáil Éireann through gender quota laws to encompass a broader range of members of society in our ranks. This will enhance legislation, heighten scrutiny and bring fresh ideas to the table. The lessons of the past few years have shown the limits of group think and the need for challenging voices. Removing the bankruptcy ban will usher in another part of Irish life that needs to be heard in these Chambers and local authorities and at the heart of Europe. The underlying morality behind the ban does not reflect the reality of modern Ireland. It excludes the people worst affected by the crisis that has defined the past five years. We need to move on from this and put in place legislation that mirrors the kind of country we have. A Dáil that is removed from the people is not worthy of the name. Ultimately, it will be up to the people to decide who goes forward to carry their message in these fora. The Bill gives the citizens of Ireland that choice. We support its thrust and will help in so far as we can to provide for its clear and safe passage through the House.

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