David Cullinane (Sinn Fein) | Oireachtas source

I thank the Minister for undertaking to seek advice from the Parliamentary Counsel.

From my perspective, I am not overly concerned about contracts of employment. I do not think it will be an issue on which employees will be fired. The amendment also refers to "or otherwise impair the employment status of the debtor or their spouse ". However there could be situations where unscrupulous employers, which I accept are a tiny minority, act in some clandestine way to prevent persons from being promoted or to interfere in any aspect of their employment, which may not be within a contract but could impair their position in a company by virtue of the fact that they are involved in any of these new forms of debt resolution. That would not be fair. That is more difficult to deal with but it was at the heart of amendment No. 4, which must be given consideration.

We support the Minister's efforts to destigmatise personal insolvency and that is what we are trying to achieve. People should not be stigmatised if they enter any of these new arrangements, nor should their employment status be impaired by it. I acknowledge the Minister cannot look into the future and see the possibilities of what may happen. I know it may be more difficult to deal with situations where a small number of unscrupulous employers act in a way that has been described by me and is implicit in the amendment before us.

I fully accept the point the Minister makes on contracts of employment. My question relates to the more clandestine way some employers may address the issue and the safeguards we can put in place to ensure that does not happen.