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Joint Committee on Legislation debate -
Wednesday, 6 Mar 1985

SECTION 17.

Question proposed: "That section 17 stand part of the Bill."

This section provides for publication of the notice of the adjudication in bankruptcy of a debtor and for the appointment of a public sitting of the court at which the bankrupt must make full disclosure of his property and the creditors may prove their debts and choose and appoint a creditors' assignee if one is necessary. It re-enacts in principle existing law subject to changes recommended by the committee. Provision is being made for one sitting of the court, referred to as a "statutory sitting", to be held within three weeks of the publication in Iris Oifigiúiland one daily newspaper of the notice of adjudication. In accordance with the committee’s recommendation the second sitting is being abolished because it has become a mere formality.

The section also provides for staying publication, which is entirely new. It is not a recommendation of the committee but arises from changes made in section 16. It enacts that the court on adjourning an application to show cause under that section may stay publication of a notice of the adjudication on security being given by the bankrupt and on such other conditions as the court thinks fit. As already mentioned, this is a further attempt to tighten up the procedure whereby a bankrupt is allowed to show cause against the validity of his adjudication.

Subsection (2) says:

The court shall cause notice of the adjudication to be given as soon as may be in the prescribed manner in Iris Oifigiúil and in at least one daily newspaper.

Would the Minister consider putting in on Report Stage the words "in general circulation in the area"?

Yes, I will consider that. That is normal in things like planning notices.

Yes. There is at least one daily newspaper which for instance would not be widely read in Connacht.

I see the point the Deputy is making. I will look at that. I think it is reasonable.

You mean circulating in the area in which he resides?

I am afraid we will have to interrupt. There is a division in the Dáil on the Nurses Bill. Shall we resume today after the division or will we postpone discussion until next week? We will adjourn until this day week. I am sorry for the short meeting.

The Joint Committee on Building Land clashes with this committee and a number of us are running hither and thither.

I will talk to you about that later.

The sub-committee adjourned at 3.35 p.m. until 3 p.m. on Wednesday, 13 March 1985.

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