Seanad debates

Friday, 23 April 2021

Personal Insolvency (Amendment) Bill 2020: Committee Stage

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

When we talk about creditors it is important to remember that not all creditors are necessarily big banking institutions. Creditors are sometimes businesses, service providers, subcontractors and workers who have been impacted.It is important. I support the concept of a "confirmation of truth", which is being introduced in section 11 of this Bill. It is reasonable that instead of a declaration in writing, which can literally be just a declaration in which one says what one wishes, we would ask for a confirmation of truth, which is also basically a declaration in writing but one with a little bit of weight behind it in that there are consequences if it is not true. When one makes a confirmation of truth one makes quite a firm statement. The introduction of a confirmation of truth rather than simply a declaration in writing is important. It involves a balance and ensures good intent. It recognises that, as I have said, these cases are sometimes quite complex and that a range of types of creditor can be involved. It is not always a case of a bank against a hard-pressed individual. These cases will sometimes involve bigger companies owing money to much smaller companies or individuals owing money to others who are, in themselves, extremely vulnerable. It is reasonable to expect that efforts would be made to address this issue and to ensure that things simply do not fall off a cliff and that at least some attempt is made to find a mechanism to allow for repayment.

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