Seanad debates

Friday, 30 November 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

10:40 am

Photo of Paul BradfordPaul Bradford (Fine Gael) | Oireachtas source

I welcome the Minister's amendments. I also appreciate what Senators Zappone and Cullinane have said. They present an interesting debate.

As the Minister said, there is always a creditor and a debtor. For every person who owes ¤1,000 or ¤10,000, possibly to a small shop, local supplier or small builder or garage, someone else down the chain is also owed money. We have a responsibility to be responsible.

We must ensure that the Bill's purpose, workings and definitions are not Scrooge like. Unfortunately, in our present national financial straitjacket they cannot be Santa Claus-like either.

It is a question of trying to strike that balance. In fairness to what the Minister is doing in amendment No. 6, the language is quite open and inclusive and it allows for the flexibility we would all wish to see in the calculations. It also allows for ongoing review, because circumstances can change. Of course, we would like the ¤60 be ¤80, ¤150 or whatever, but we must live within the sad economic reality of our time and be responsible in that regard.

The most interesting comment I have heard in the past hour was what Senator Zappone said about giving people a reason to hope, to live and to get up in the morning to work and try to improve their situation. It is difficult to enshrine that type of thinking in the language of the Bill. However, at least the passing of this legislation will convey the message that we are putting structures in place to provide that hope. Where people enter into these arrangements we should see it not as entering into a negative situation, but a positive one. That is the only offer of hope we can put on the table. It means sitting down with people, recognising the financial mess they are in, trying to put some semblance of purpose to their arrangements, trying to chart a route to progress and a future and giving them support. I would love if we could include the phraseology of hope in legislation, but we are not Barack Obama and it would be difficult. However, the new amendments tabled by the Minister provide for a better sense of purpose than was there previously. It is as far as anybody can fairly expect a Minister to go. The security being provided is the flexibility and the ongoing review process. I am happy with that.

I acknowledge what Senators Cullinane and Zappone have said and realise their comments were genuine. However, the reality of our financial situation must be recognised as well.

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