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Dáil Éireann díospóireacht -
Thursday, 28 Jun 1984

Vol. 352 No. 5

Bankruptcy Bill, 1982: Motion.

, Limerick East): I move:

That it is expedient that the Bankruptcy Bill, 1982 be referred to the Joint Committee on Legislation pursuant to paragraph (1) (e) of that Committee's Orders of Reference".

I hope there will be reasonable expedition in putting this Bill through Committee Stage. I do not disagree with referring it to the joint committee. On balance it is a good idea but I hope it will not prolong the processing of the Bill. I would remind the House that I started this process in 1960 and here we are in 1984 referring the Bill to a committee. Perhaps the examination of the Bill in detail by that process is the best way of dealing with it, but it should be expedited.

I agree with the remarks of the Leader of the Opposition in respect of this Bill. The law in the matter of bankruptcy has been in need of review and updating for a considerable time. I understand we are still operating under an Act of the UK Parliament which is more than 100 years old. That system has not been working very well in recent years.

In effect the joint committee will be taking the Committee Stage of the Bill. Obviously, that will involve the attendance of the Minister at the committee. I make a special appeal to him to be available in so far as is possible within his schedule of commitments to assist the committee in their deliberations on what is a difficult and complex Bill. It will be a test of the operation of this aspect of the committee system, a system which perhaps should be used on even a wider basis. In this way complex measures of this nature are taken out of the House in full committee, so to speak, and dealt with in one of the committee rooms.

I take this opportunity also of making an appeal to any Member of the House or of the Seanad who would be prepared to assist the committee in their deliberations on this Bill to communicate either with the Clerk of the committee or with myself as Chairman. Some Members may have a particular knowledge of this difficult area.

As Deputy Taylor will be aware, under this Government bankruptcies are at an all-time high. Consequently, the legislation is even more urgent.

We are not in Committee now.

Even the shipping companies seem to be heading that way.

I might reply to the Leader of the Opposition by asking at what point in time that trend began.

This year.

(Limerick East): Members who spoke during the Second Stage debate were in general agreement with the view I expressed that because the legislation is both complex and technical it would be better to refer the Committee Stage to the special committee. It transpired that that committee in accordance with their terms of reference can open their proceedings to any Deputy in the House who has expertise in the area under discussion. The legislation committee are the appropriate committee to deal with this Bill. I should like the preliminary sitting of the committee to take place some time in the next couple of weeks and for our business to be completed in September.

Question put and agreed to.
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