Averil Power (Fianna Fail) | Oireachtas source

I move amendment No. 10:

In page 8, between lines 3 and 4, to insert the following:“6. Section 133 of the Personal Insolvency Act 2012 is amended by the substitution of the following subsection for subsection (4):

“(4) A register maintained by the Insolvency Service shall remain confidential at all stages.”.”.

The amendment arose out of discussions that the Fianna Fáil group had with Mr. David Hall. He is well known to Members of the House because of his advocacy work on behalf of mortgage holders. He raised a concern with us about the public availability of information on people who have had to avail of the insolvency service. He has worked with families in this situation and is concerned that making their names publicly available will deter people from availing of the insolvency provisions in the first place.

This is the reason Fianna Fáil has tabled this amendment. While that information of course must be available to lenders and to those who have a genuine interest, personally I do not understand the reason it necessarily should be available to one's next-door neighbour or someone else who may have a nosy rather than a necessary interest in someone's personal circumstances. It is difficult enough for people to be obliged to avail of insolvency arrangements in the first place. The procedures that have been put in place by the Government set quite a high hurdle and give the banks and the lenders a veto in the first instance. Consequently, as matters stand, it will be a quite stressful process for families to avail of insolvency and I do not understand the reason the Government would wish to add to that by putting out in the open, people's financial position for all to see. The reason Fianna Fáil has tabled this amendment is to ensure the type of privacy Members have been discussing in other aspects of the Bill is extended to families who are suffering from mortgage and debt distress.