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Seanad: Order of Business (11 Dec 2012)

David Cullinane: I strongly concur with and support the call by Senator van Turnhout for a debate in this House on forced labour and the exploitation of workers, including migrant domestic workers. I recently attended a conference in UCC on this issue. It is an important issue on which we should have a debate. We should also have a debate on parties? election promises. Election manifestos are put before...

Seanad: Order of Business (11 Dec 2012)

David Cullinane: When those promises are broken-----

Seanad: Order of Business (11 Dec 2012)

David Cullinane: When those promises are broken, people become disillusioned with politics generally. It was suggested that Members might live in a bubble. Many people outside the House are not just disillusioned with politics, but feel betrayed by parties for which they voted in the hope that those parties would protect them. The clear pre-election promises made on child benefit and college fees have been...

Seanad: Order of Business (11 Dec 2012)

David Cullinane: It is a compromise-----

Seanad: Order of Business (11 Dec 2012)

David Cullinane: I like it, but it is a compromise of broken promises, as both Fine Gael and the Labour Party have broken promises. The Sinn Féin Party will table a motion of no confidence in the Dáil against the Government. I believe the Government has let down the people of the State on the three critical issues that face the State: to have a proper and sustainable deal on our banking debt-----

Seanad: Order of Business (11 Dec 2012)

David Cullinane: -----to have a job strategy that will get people back to work - rather than the Minister for Social Protection cutting people's welfare in terms of secondary benefits such as back-to-school grants, footwear and clothing allowances and child benefit, the Government should be trying to get people back to work; and to have a fair budget. This was not a fair budget. I point out to the Leader...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: The Minister has been helpful throughout this process but he should accept that an inordinate number of amendments have been tabled by him and we were only notified late last night. I acknowledge many of them are technical but this is not the best way for legislators to properly scrutinise legislation, as we have not been given sufficient notice. The Law Library could do not justice to...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I thank the Minister for taking on board the views expressed in this House with regard to amendment No. 20, which is very similar to amendments we tabled on Committee Stage. As the Minister put it, we sought to recast the section on reasonable household expenses to which people are entitled and which are necessary to maintain a reasonable standard of living for the debtor and his or her...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: We welcome these amendments with regard to jewellery and increasing the value of the car from ¤1,200 to ¤2,000. We sought a figure of ¤3,000 but we welcome this as a step forward. The Minister has taken a very sensible and pragmatic approach. We appreciate the fact that the Minister listened to us. We have had a very good debate in the House on the Bill. There are many aspects of the...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I commend the Minister for taking on board the views expressed in the Lower House and this House in respect of amendments Nos. 36 and 37. I will withdraw amendment No. 36 because amendment No. 37 does the same thing but is better drafted legislatively. It was tabled to ensure that there was power to remove intermediaries in situations where necessary but the Bill had not provided for same....

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I wish to speak again about amendment No. 75. We had some discussion on Committee Stage in respect of the amendment. It states: "In page 76, line 47, to delete ¤3,000,000 and substitute ¤1,000,000". As the Minister will know, the amendment refers to the criteria for a personal insolvency arrangement. My party believes that the current ceiling is too high and too loose. We want it set...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: Yes.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I apologise for jumping ahead. Is it the next amendment?

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I apologise for reading the list of grouped amendments incorrectly. I thought we were dealing with amendments Nos. 73 to 79, inclusive, but it is amendments Nos. 76 to 79, inclusive.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I thank the Minister for accepting our amendment No. 59 and for removing the discretion of the personal insolvency practitioner. The previous wording, at section 77(2) on page 70 stated: Where it appears to the personal insolvency practitioner concerned that there has been a material change in the debtor?s circumstances which would affect his or her ability to make repayments under the Debt...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I move amendment No. 74: In page 76, between lines 39 and 40, to insert the following:?(6) Once a Personal Insolvency Arrangement comes into effect, all interest on debts, which are the subject matter of the arrangement, shall cease to accrue and the creditor will be prevented from charging interest or the earning of interest during the term of the Personal Insolvency Arrangement.?.We have...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I move amendment No. 75: In page 76, line 47, to delete ?¤3,000,000? and substitute ?¤1,000,000?.I apologise but I was thrown by the other amendments requiring a seconder. As this is the one I dealt with prematurely earlier, I simply await the Minister's response.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: The Minister is being somewhat disingenuous with regard to the logic of this amendment. As I noted earlier, Sinn Féin believes that the current ceiling is too high and too loose. This amendment is an attempt to avoid the facilitation of recklessness or the rewarding of irresponsible speculation. That is the logic of this amendment and while I acknowledge the Minister has a point with...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: Yes.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

David Cullinane: I move amendment No. 84: In page 89, to delete lines 38 to 49 and in page 90, to delete lines 1 to 29 and substitute the following: ?(6) Without prejudice to the generality of section 96 or subsections (1) to (3) and subject to sections 99 to 101, and having regard to section 86(6), a Personal Insolvency Arrangement may include one or more of the following terms in relation to the secured...

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