Sean Barrett (Independent) | Oireachtas source

I move amendment No. 4:

In page 13, before section 6, to insert the following new section:
"6.---No aspect of the Debt Relief Notice, Debt Settlement Arrangements or Personal Insolvency Arrangements may be used to remove from or otherwise impair the employment status of the debtor or their spouse who is compliant with the arrangements under this legislation.".

On the first day in the House the Minister promised to move towards reducing the years of penalty for bankruptcy, and I welcome his comprehensive efforts to do so today. Our concern in the amendments is that no aspect of the debt relief notice, debt settlement arrangements or personal insolvency arrangements may be used to remove or otherwise impair the employment status of the debtor or their spouse who is compliant with the arrangements under this legislation. In other words, we are trying to control the spillover effects. I am conscious of using that economics term in the presence of the Minister and Senators Bacik and O'Donovan, who are lawyers, but we are trying to limit and, perhaps, de-stigmatise. This is a legitimate activity which the Minister is keen to promote. It should not have any stigma attached to it.

Meddlesome human resources, HR, departments should not be allowed to put things on people's records in this context. We do not record whether Mr. Bloggs has been to the money advice and budgeting service, MABS, for example, and this is a development of MABS. This is people trying to discharge their debts, and there should be no HR implications by unscrupulous or, perhaps, excessively scrupulous employers. Will the Minister explain what happens to the records? Is there a danger this removal of a stigma could alter somebody's employment records? If somebody fulfils their employment contract, that should be enough for the employer. Perhaps there is another legal term but the proposal in this amendment is for the removal of doubt with regard to a person's employment status. I would welcome the Minister's guidance on the matter raised in amendment No. 4.