Seanad debates

Wednesday, 16 April 2014

Electoral (Amendment) (No. 2) Bill 2014: Second Stage

 

12:15 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I had not thought about the question of judges, which I think requires a bit more consideration by people like myself who had not thought about it, because one expects judgment from judges and one expects them to be of good judgment and so on. They should live within their means and if they go around spending money on property speculation, then I would not have a huge amount of sympathy for them. It is probably a dangerous thing to say since I am often in court myself but, at the same time, I am afraid I would have to think about that.

The idea of not allowing bankrupt people to stand for Parliament, or ejecting them from Parliament if they become bankrupt, seems to be undemocratic, particularly in these circumstances. I congratulate the Minister on his introduction of this legislation, because in this time of very considerable financial difficulty, with large numbers of people facing financial ruin as we speak, theirs is a voice that actually needs to be heard, so I would quite welcome somebody who had been bankrupted by the mess this country got itself into. I will not divide the blame between any party, Government or otherwise, because I was here when the whole mad Gadarene rush was going on, and very few people have clean hands in this, so it is a waste of time dividing the blame. Blaming is a waste of time anyway, but I think this is a voice we need to hear. I would have to think a bit more about the judges and I might very well come around to the side of Senator Wilson, but I simply had not thought of it, so I do not know. I do not think there is any point in pontificating in this House when one simply does not know.

However, I would like to indicate to the Minister a related situation in which people are bankrupted or eviction orders are served against them. I will bring a Bill before the House, so I would like the Minister to take note of this. One of his colleagues will probably take the Bill, which Senator Barrett has very kindly agreed to support. It is a very short Bill called the enforcement of court orders (amendment) Bill 2014. As the Minister may or may not be aware, it is one of these esoteric areas of law, but it actually has a very strong impact on people. The Enforcement of Court Orders Act, which has not been changed since 1926, permits people who are placed in this situation of financial vulnerability to be entitled to a certain value of clothing and bedding, that is, £15 sterling. That is ridiculous in this day and age, and our Bill will raise it to the very small amount of €2,000. Since the Act was enacted in 1926, it was long before the advent of computers. People who go bankrupt or people who are evicted should be given a second chance. With computers, they can start another business. They also have personal data stored on computers. It is important that this very small Bill should be allowed to go through.

I do not admire everything about America. For example, I do not particularly admire the complete abrogation of international human rights legislation when it uses drones to kill civilians. However, in terms of its financial life, it is aggressively positive and it is not a badge of shame to go bankrupt; nor, as far as I know and to follow on from Senator Wilson, is it a crime. Perhaps people should be put out of Parliament for criminal activities. If there is a criminal element to the bankruptcy, such as fraud, stealing from company funds or even irregularities, then they are unfit to be Members of Parliament but not in the case of ordinary bankruptcy, so I will support the Bill.

I look forward to having something to say about the amendments put down by my colleagues about the matter of the Dublin mayoralty. Since I did not welcome the first citizen of this great city to the House on the Order of Business, I do so now. I am very glad he is taking such a considerable interest in the affairs of Seanad Éireann.

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