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

Briefly, to be clear, this is not to say that persons with a certain level of debt are dishonest. That would be a wrongful inference for the Minister of State to make. It is to say that where there is a debt of over €1 million it is a significant debt. There are those who are owed up to €1 million so, given the significance of the amount involved, it is appropriate that there would be a measure to address that. As the Minister of State said, an honest belief is the standard. That is not to suggest that somebody would be honest or dishonest. If somebody is dishonest it is clear he or she is covered by this provision. The question is that people who may be in debt are giving their statement on what might be their honest belief. I am saying that where there is a debt of €1 million, it is appropriate to have a solicitor present who is not simply expressing a belief or giving an estimation but who has expert knowledge and can give that confidence. A confirmation may be dated and may be given in the honest belief of somebody who is not an expert in these areas. A statutory declaration is made in the presence of a solicitor who will be in a position to advise the person as to whether his or her belief is correct and whether the facts meet the standard required. It is around the seriousness of the level of the debt for creditors that it would be required that a solicitor can give that expert view to layer that on top of the, no doubt, good intentions of the persons who might be making the statement. I believe that is an appropriate standard.

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