Seanad debates

Tuesday, 4 December 2012

Personal Insolvency Bill 2012: Committee Stage (Resumed)

 

6:35 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

May I raise another point that may be helpful? I am concerned that the debtor should not be disadvantaged. It seems to me there is an omission in the sense that the notification, according to the amendment, appears only to be made to the Insolvency Service. Would the Minister be disposed to tabling an amendment or accepting one from this side to say that notification should also be made to the debtor? That may be an oversight. I would have thought the debtor should have a right to any statement that might prejudice his or her interest. For example, if one assumes that the PIP follows the natural profile of the human animal, which is not always savoury, he or she may not have performed the duties correctly and may want to malign the former client in the manner of his or her leaving. In such a case, I would have thought it was a natural right for the client - the debtor - to have equal right of access to that information. I wonder whether it would not be appropriate to expect the intermediary also to include the debtor in the notice that he or she is terminating the position, as well as providing the reasons involved, which would allow the debtor to challenge them if he or she did not agree with them.

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