31/08/2010

Ahern To Halve 12-Year Bankruptcy Status

It could soon be possible to apply for shorter bankruptcy status under a new bill being put forward by the Minister for Justice.

Currently, those adjudicated bankrupt must wait 12 years before applying for discharge but this may be halved to six years if the new bill is accepted.

The proposals, come as the number of bankruptcies reaches unprecedented levels around the state. The proposals are contained in a new Bill from Minister for Justice Dermot Ahern proposing amendments to a wide range of laws.

The Civil Law (Miscellaneous Provisions) Bill, also contains proposals for persons involved in same-sex relationships for a period of at least six months to have the same rights as their opposite-sex counterparts to seek safety and barring orders.

Speaking on its publication, Minister Ahern said: "This new Bill offers a good opportunity to provide for small but important changes to the law on a wide range of measures."

The Bill also contains an amendment to the Family Law, which will de-couple family law maintenance debt from civil debt in general. The proposed amendment to the law is based on the premise that a court has already deliberated in setting an appropriate level of maintenance and that if the debtor breaches that order without a significant change in his or her circumstances, that breach will constitute contempt of court and can be punished by imprisonment.

The minister said that he had also tried to clarify the law for "good Samaritans" and volunteers over their civil liabilities, which he said remained a concern for some potential volunteers.

The new Bill also proposes that the Legal Aid Board may give legal advice relating to criminal matters to alleged victims of human trafficking. The advice is to include any offences which others may have committed in connection with human trafficking such as rape, false imprisonment and breaches of immigration and

(DW/GK)

Related Irish News Stories
Click here for the latest headlines.

24 November 2008
Government Launches Begging Crack Down
The Government has announced new laws to crack down on aggressive begging. Minister for Justice Dermot Ahern revealed the plans for more Gardaí powers and to make certain begging practices an offence.
29 January 2008
Proposed Immigration Laws 'Seriously Flawed'
New legislation published today aimed at clarifying and updating the immigration policy of the State is seriously flawed, according to the Migrant Rights Centre of Ireland (MRIC). The Immigration, Residents and Protection Bill 2008 was introduced by the Minister for Justice, Equality and Law Reform Brian Lenihan.
01 July 2009
New Gang Legislation Criticised
The latest sweeping legislation announced to tackle Ireland's gangs yesterday has come under heavy criticism. Minister for Justice Dermot Ahern on Tuesday published the Criminal Justice Amendment Act, which contains a host of increased powers giving Gardaí and the courts more powers in their fight against gang activity.
27 September 2013
Expert Panel Meet For First Time To Draft Abortion Legislation Guidelines
Following the passing of the new Protection of Life During Pregnancy Bill 2013 in May an expert committee has meet for the first time to the guidelines to be used within the legislation.
15 July 2013
Govt Approves General Scheme Of The Gambling Control Bill
Alan Shatter TD, Minister for Justice, Equality and Defence has announced that the Government has approved the General Scheme of the Gambling Control Bill 2013. Work will now get underway on completing the drafting of the Bill.