Persons adjudicated bankrupt will be entitled to apply to be discharged from bankruptcy after six years rather than 12, under new government proposals published today.
The proposals, coming as the courts deal with rising numbers of bankruptcies including of former Anglo Irish Bank chairman Sean FitzPatrick and developer Bernard McNamara, 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.
Proposed amendments to the Bankruptcy Act 1988 provide for the automatic discharging of a bankruptcy after a 20-year period.
While it is proposed to halve the time which a bankrupt must wait before being eligible to apply to be discharged, their estate must be fully realised and various costs and payments made before such an application may be granted.
The new Bill also proposes 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.
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 the maximum amount which may be awarded in employment equality cases should be two years remuneration or €40,000, whichever sum is greater.
The Minister has said this proposal is intended to provide for greater redress in situations of law paid employment and accords 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.
