Brian Ó Domhnaill (Fianna Fail) | Oireachtas source

I agree with the Minister of State. The court may well determine more favourably in respect of a debtor. However, there is no minimum threshold within the legislation and I would like to see something that would protect the debtor. We would accept as a minimum floor or threshold the reasonable living expenses outlined in the Insolvency Service of Ireland's guidelines. I appreciate where the Minister of State is coming from, but we are giving latitude here. It is our job to make the law. We cannot criticise judges afterwards. We should at least have a guiding principle in the legislation that would guide the judge in making a determination. Judges will be in a difficult position with people coming before them and representations on both sides. There should be a floor and the floor should be the Insolvency Service of Ireland's guidelines. If a judge wants to be more reasonable than the guidelines, that is within his or her jurisdiction. However, the legislation should set a minimum level. I am not sure whether the Minister of State would be willing to examine it and revisit it on Report Stage or if he is moving on with it as set out.