Deputy Calleary at the conclusion of the last meeting suggested that consideration might be given to changing "in at least one daily paper" in subsection (2) of section 17 to "in at least one daily newspaper circulating in the area" or words to that effect. On examination it is felt that details regarding the most appropriate newspaper for publication may be safely left to the rules. In fact, in the draft rules annexed to their report the committee suggested a general provision regarding advertisement which is on the lines of that of the existing rules. The suggested draft states inter alia“the statutory sitting, proof of debt sitting and sitting for distribution should be advertised ten days previously in Iris Oifigiúil and in such newspaper, if any, as the court directs”. In view of the terms of section 17 (2) this rule may require amendment, for example, by using the formula “in such daily newspaper as the court directs”. However, it is submitted that no change is necessary in the provision in the Bill since an amendment might restrict the court’s discretion in this area. In effect, it can be covered by the rules and I will take note of Deputy Calleary’s point.
SECTION 17 (Resumed).
That should meet the point made by Deputy Calleary. Is the section agreed?
I move amendment No. k1.
In page 12, lines 36 and 37, to delete subsection (4). The object of this amendment, which has the effect of transferring subsection (4) to the rules, is to confine the section solely to the choice and appointment of a creditor's assignee. Section 18 corresponds to section 75 of the committee's draft Bill which contained a number of additional subsections relating to the appointment of a solicitor and the carriage of the bankruptcy proceedings. These were of a procedural nature and, therefore, more suitable for inclusion in the rules. They are, accordingly, omitted from the section. It was represented that subsection (4) could be misleading as it stands and that it would be more appropriate to have its subject matter also provided for in the bankruptcy rules where it could be dealt with in greater detail. That is the intent of the amendment.