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Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: That is the basis of the Minister's entire life philosophy and is totally at variance with reality in Ireland.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: The Minister should enter a competition with the former presidential candidate Mitt Romney to see who is more out of touch with real life. In the Minister's world view, to qualify for a debt relief notice, a person has ¤15 per week, a debt of less than ¤20,000, assets of ¤400 or less but has a Mercedes worth ¤50,000 parked outside the door, and ¤300,000 in the bank. Where in the world...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: No.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: They are the type of beneficiaries the Minister imagines are in the real world. A person in south Dublin who is unemployed can hop on the Luas or get a bus into town and look for work or, like Norman Tebbit, get on their bike and look for work - perhaps that is the attitude from Fine Gael. For a person in a rural village the car may be the only means of finding a job to get him or her out...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: I move amendment No. 27: In page 27, subsection (6)(c)(ii), to delete line 35.Can I clarify what the sitting arrangements are for today? I presume we are not guillotining the debate at 1.30 p.m.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: We will move on with that threat from the Leader hanging in the air. It is unfortunate, because we are not filibustering. It is a long Bill. In fact, there should probably be another Second Stage debate on the major parts the Minister is adding to the Bill. However, that is another matter. I can anticipate the criticism the Minister will give of this amendment, which merely deletes the...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: Amendment No. 27 relates to the value of the car. It is not necessary to put a value limit on a car. The reality for the people who will be able to avail of a debt relief notice is that they will not have a car worth much more than that. It would be a shame if the car was worth ¤1,500 or ¤2,000. Who will value it and how will it be ascertained? Will one have to wait for six months for...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: I understand this is a "no fault" insolvency Bill. I do not know why the Minister refers to meritorious versus non-meritorious debtors. I understand no judgment is made, as in our divorce legislation, for example. There is a value limit. It is to be determined by the Minister. He has repeatedly said there is not a value limit. There is. The Minister can determine it. This is provided...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: We will allow the Minister decide.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: Honest to God, we might as well call a halt to the debate if that is the way the Minister is going to proceed.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: It is unfortunate that the Minister has chosen to reduce this debate to the level of the ridiculous. We are talking about people who have debts of less than ¤20,000, people with a disposal income of less than ¤60 a month and people who have other assets of ¤400 or less per month. They are not hoarding the crown jewels in their attic. They are broken people. They may have an engagement...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: I move amendment No. 26: In page 27, subsection (6)(c), between lines 31 and 32, to insert the following:"(ii) one item of jewellery of ceremonial significance of a value not to exceed such amount as may be determined by the Minister by regulation;".This is an important amendment and I expected something from the Minister in that regard.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: I am happy to hear it, as the issue is worth discussing. It would be relatively common for somebody to have an engagement ring in excess of the asset value. That could be a broken person, as the person in question would have been doing okay five years ago, like many people in the country, but could now be almost without assets and have hardly any income. We cannot take an engagement ring...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: The House might have thought the previous amendment was not sufficient and that we need to go higher.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: On a point of order, I have two queries. I understand that the Seanad Standing Orders do not have a provision ruling out matters as charges on public expenditure. At the end of the day only the Dáil can approve them. Senator Daly has correspondence from the Seanad office on that issue. He has left temporarily and taken the correspondence with him but he will be back shortly. Even if...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: I know of a person who had an accident and was unfortunately uninsured and owed the Motor Insurance Bureau of Ireland ¤50,000. He is unemployed and given that there is little prospect of him paying this, he should be subject to a debt relief notice. I suspect his car, which he needs to do the bit of work he does when he goes on and off the dole, is worth more than the ¤1,200 provided for...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: What the Minister proposes is a major step forward. It is, nevertheless, shocking that we are debating what constitute reasonable living expenses. During the debate on Second Stage, the Minister made an unfortunate reference to food, light and heat, or perhaps it was shelter, light and heat. I acknowledge that we have moved substantially beyond that, but there must be a way for us to...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Thomas Byrne: The amendment refers to Part 5, which is a massive new piece of the legislation that will be added if Senators support it. Is there an explanatory memorandum for the amendments? There was an issue with the last Government when Bills were produced and substantial amendments made to them. It was agreed at the time that explanatory memorandums would be provided. Is that the case now?

Seanad: Business of Seanad (30 Nov 2012)

Thomas Byrne: On a point of order, will the Leas-Chathaoirleach clarify the position in respect of the Adjournment debate last night when a Minister did not show up to take the matters raised by Senator van Turnhout and me?

Seanad: Business of Seanad (30 Nov 2012)

Thomas Byrne: Must we resubmit the matters to the office of the Cathaoirleach?

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