Ahern proposes to halve 12-year bankruptcy period

PERSONS ADJUDICATED bankrupt will be entitled to apply to be discharged from bankruptcy after six years rather than 12 under new proposals published yesterday.

The proposals, coming as the courts deal with increasing numbers of bankruptcies, are contained in a new Bill from Minister for Justice Dermot Ahern proposing amendments to a wide range of laws.

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

Persons who have had a child together may also, even where they are not or have never lived together, have the right to seek safety orders, it is proposed.

The proposed amendments of the Bankruptcy Act 1988 provide for the automatic discharging of a bankruptcy after a 20-year period.

While it is proposed that a bankrupt can apply to be discharged after six years rather than the current 12, their estate must be fully realised and various costs and payments made before such an application may be granted.

The new Bill also proposes that the Legal Aid Board may give legal advice relating to criminal matters to alleged victims of human trafficking.

That advice may extend to any offences which others may have committed in connection with human trafficking such as rape, false imprisonment and breaches of immigration and/or employment law.

The changes to the Civil Legal Aid Act 1995 would give effect to various international law instruments on human trafficking, including the Council of European Convention on Action against Trafficking in Human Beings, which comes into force here in November.

Measures aimed at ensuring “good Samaritans” and voluntary workers are protected from unnecessary litigation are also proposed in the new Bill.

This comes after the Law Reform Commission recommended the civil liability of “good Samaritans”, voluntary workers and voluntary organisations be placed on a statutory footing to provide legal clarity for them.

The intention is to protect such persons from personal liability for negligence in giving assistance, advice and care in accident or emergency situations.

The Bill also seeks to restore the sanction of imprisonment for people who refuse to make maintenance payments due under family law proceedings.

This comes in the wake of a High Court decision removing the sanction of imprisonment for civil debt in proceedings where a woman was jailed over non-payment of a credit union loan.

The Bill proposes the amendment of the Family Law (Maintenance of Spouses and Children) Act 1976 so as to empower the District Court to impose sanctions, up to and including imprisonment, on a person who has failed to comply with court orders on maintenance.

Other provisions of the Bill are intended to reflect government support for codes of practice on the sale of alcohol.

It is proposed the Minister may introduce his own code or approve a code published by other bodies. Failure to adhere to the code will constitute a ground for objection to renewal of a drinks licence.

The Bill also provides for amendment of the Equality Acts to take into account various decisions at national and EU level. The amendments are also aimed at improving the procedures of the Equality Tribunal.

It is proposed that the maximum amount which may be awarded in employment equality cases should be two years’ remuneration or €40,000, whichever sum is greater.

Mr Ahern said this proposals is intended to provide for greater redress in situations of low-paid employment and accorded with EU equality directives requiring compensation to be effective, proportionate and dissuasive.

Measures to strengthen the provisions of the Private Security Services Act 2004 in relation to the licensing of private security firms and the collection of fees are also proposed.

The Private Security Authority is to be given powers to contract in outside inspectors and all inspectors will be subject to confidentiality requirements.

Companies seeking licences will be required to give details to the authority of all persons who own more than 5 per cent of their share capital.

CIVIL LAW BILL 2010 MAIN PROPOSALS:

Persons living in same-sex or opposite-sex relationships for at least six months may apply for safety/barring orders against their cohabitees.

Entitlement to seek safety orders extended to persons who had a child together even if they never lived together.

Restoration of prison sanctions for failure to pay maintenance in family law cases.

Bankrupt persons may apply to be discharged after six years, not 12 as now applies.

All bankruptcies to be automatically discharged after 20 years.

Legal Aid Board may give legal advice regarding criminal matters to alleged victims of human trafficking.

“Good Samaritans” and voluntary workers to be protected from personal liability for good faith actions in accident and emergency situations.

Support for codes of practice relating to the sale of alcohol.

Amendment of the Equality Acts to improve the procedures of the Equality Tribunal in handling complaints and to conform to requirements of EU equality directives.

Measures to improve the functions of the Private Security Authority relating to the licensing of private security firms.