Dáil debates

Friday, 3 July 2015

Civil Debt (Procedures) Bill 2015: Second Stage

 

2:00 pm

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

We have heard a lengthy, exaggerated and scaremongering attempt to focus the tenets of this Bill purely on Irish Water. It is not just about Irish Water, though. It is about compliancy and fairness. The Opposition is trying to skew the Bill's benefits, which many of Opposition members' constituents will welcome. I know of several small businesses and self-employed people in my constituency of Dún Laoghaire who are struggling to make ends meet and will welcome the new measures contained in this Bill. It will give them a new type of access to the courts to get badly needed repayments of their modest debts from those who can afford to pay but will not. This is the point that we should be focusing on, namely, retrieving modest debts from those who owe money to small businesses and the self-employed.

It is not as if the Government just thought up these measures without obtaining extensive research and recommendations, including the LRC report published in 2010 on personal debt management and debt enforcement. We are acting in the best interests of small businesses, trades people, subcontractors and the self-employed. While it is always more favourable for creditors and debtors to reach an amicable agreement on the settlement of debt, it is not always possible. Therefore, it is only fair that a balanced approach to civil debt be taken so as to ensure the protection of creditors' rights and support and protect those who cannot pay their debts while dealing appropriately with those who have the capacity to pay but refuse to do so. Why should a small, hard-working business owner in Blackrock who is owed €3,000 not have every means possible available to him or her to secure the repayment of debt, including through attachment of earnings or deductions from social welfare payments? Business owners are fully entitled to seek this repayment and I support them and this Bill.

I welcome the fact that we are fulfilling our commitment made in the programme for Government by providing for the abolition of the imprisonment of debtors. Under existing law, arrest and imprisonment remain possibilities as an enforcement mechanism.

Recourse to imprisonment may now only be had after all other less restrictive enforcement mechanisms have been attempted or found to be inappropriate. That is a fair and welcome move.

I welcome the Bill and look forward to seeing its positive impact on tradespeople and business owners in the constituency of Dún Laoghaire.

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