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)