Brendan Howlin (Wexford, Labour) | Oireachtas source

I commend Deputy Fitzpatrick on tabling the amendment. I awaited with interest the response from the Minister of State. Having worked in government in recent times, I was not a bit surprised. There is an extraordinary caution - I use that word advisedly - regarding anything that tramples on so-called property rights. The Constitution is a permanent shield often against the public good.

The Minister of State made comment, as I did in my Second Stage speech on the Bill, of the work of the former Deputy, Willie Penrose, who championed this legislation. It was ridiculous that people, including some well-known people, were leaving this jurisdiction to live abroad for a year to get bankruptcy abroad because our insolvency law was so difficult. We made very significant progress. The Personal Insolvency Act, which was amended in 2015, has proven to be an extraordinarily valuable tool. All of us have dealt with personal insolvency practitioners, and dealt with people in very difficult situations where their homes were under threat. This legislation has been a shield for them.

It is important that we are not always dependent on the acquiescence of the creditor. I ask the Minister of State to indicate when we will see the more substantial insolvency legislation.

It would do no harm to accept Deputy Fitzpatrick's amendment right now. I know legal advices are always ultra-cautious on these matters. We do not want to dislodge that in any way, particularly when we have a framework that has already been tested in the courts. However, in legislating for the public good I believe we need to push harder against this perceived constitutional difficulty because the property rights are seemingly so defended in our Constitution against the will of the vast majority of our people.

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