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

I move amendment No. 9:

In page 11, between lines 7 and 8, to insert the following: "(e) may only be made in respect of debt not exceeding €1,000,000.".

The Bill provides for a confirmation-of-truth mechanism. The confirmation of truth is a little more than a declaration you simply write yourself. At least, it has some consequence if you do not write it. The confirmation-of-truth mechanism, while appropriate in general, must be considered where there is a debt of over €1 million. The confirmation of truth can be made by the individual, who is effectively the only witness. The higher bar is a statutory declaration. While I acknowledge this ought not to be used all the time, owing to Covid concerns and so forth, many of us are nonetheless making statutory declarations, even despite Covid sometimes. Where there is a debt of over €1 million, it would be appropriate to maintain the statutory declaration requirement. It is very reasonable, where a debt of over €1 million is potentially being addressed, that the statement being made in respect of it would be made in the presence of a solicitor or lawyer so there would be a double layer. There would not just be the individual's declaration but also the knowledge that a commissioner or solicitor was present and was satisfied with it. That is an appropriate small extra layer of security that should be required where there is debt of the scale we are talking about.

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