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Shatter, Alan

Wednesday, 19 December 2012

Dáil Éireann Debate
Vol. Nbr.


Order of Business (Continued)

To what legislation is the Deputy referring?More Button

National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: From the Seanad

There are two Seanad amendments before the House. The first deals with the chief bureau officer who is to report periodically directly to the Garda Commissioner in respect of the performance and m...More Button

The second amendment deals with reception or accommodation centres which provide residential accommodation services to applicants for asylum. In retrospect, we thought that we should include tho...More Button

I conclude by saying a few words about this Bill. I pay tribute to those working in what will now be referred to as the National Vetting Bureau. They do extraordinary work very efficiently. I ...More Button

National Vetting Bureau (Children and Vulnerable Persons) Bill 2012: From the Seanad (Continued)

It is important in completing the Bill that we acknowledge this work.More Button

The enactment of the Bill is a very important marker and very important change effected by the Government. It was part of the programme for Government that this legislation be enacted. Vetting ...More Button

The enactment of this legislation marks a very important step in putting in place an additional protection for children and vulnerable adults against the possibility of abuse. It seeks to ensure...More Button

It is an important day that we are enacting this legislation and it is right that we acknowledge its importance. I want to say to Members of the House there are statutory instruments to be made ...More Button

It is important that we have in place the legal architecture which provides the maximum possible protection for children. No Government can guarantee at any time that no child will ever be the v...More Button

Effectively we adopt what I describe as a precautionary approach. The Bill is another brick in the wall to establish this and I thank Members for their co-operation in its enactment. I also tha...More Button

Personal Insolvency Bill 2012: From the Seanad

I welcome the opportunity to return to the House to report on further amendments made to the Bill in Seanad Éireann.More Button

Personal Insolvency Bill 2012: From the Seanad (Continued)

  A total of 245 amendments were proposed and approved on Committee and Report Stages of the Bill in the Seanad. These were all Government amendments and were, for the most part, technic...More Button

It is in the seventh grouping.More Button

No, it is not included in these amendments. I was just making some opening comments. When we come to the seventh group of amendments, we will deal specifically with specialist judges. I was just...More Button

These amendments relate to the organisation, functions and governance of the insolvency service itself. In operating the new debt relief notice, debt settlement arrangement and the personal insolv...More Button

The provision as currently drafted permits the preparation of reports on a number of matters and is not limited to the preparation of annual reports. The current construction would have the effect...More Button

Having excluded reference to amendment No. 24 in that commentary, allow me to get out the notes on that amendment and address it. Amendment No. 24 states "Nothing in this Act shall be construed as...More Button

  Progress reported; Committee to sit again.More Button

  Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.More Button

Personal Insolvency Bil 2012: From the Seanad (Resumed) (Continued)

Perhaps I should come in at this point. These amendments relate to the issue of reasonable living expenses. Amendment No 23 empowers the insolvency service to draw up guidelines in respect of a r...More Button

The legislation envisages it as an annual review of what are reasonable expenses. The reality is it will be open to the insolvency service to consult as it deems appropriate and to consider a rang...More Button

When it comes to reasonable living expenses, guidelines will ultimately be published. In dealing with the individual circumstances of a seriously indebted person, the arrangement put in place wi...More Button

I have no doubt the service will have regard to the expertise of the Money Advice and Budgeting Service and the manner in which it approaches this issue. I do not envisage an annual public consu...More Button

For the reasons I previously outlined, I cannot accept Deputy Mac Lochlainn's amendments. We have added substantially to the provisions of the Bill as originally published. I am of the view tha...More Button

  Amendment No. 1 to Seanad amendment No. 23 put and declared lost.More Button

I will deal with all this group of amendments, beginning with Seanad amendment No. 25. They provide for miscellaneous amendments to Chapter 1 of Part 3, which deals with the debt relief notice pro...More Button

I am advised by Parliamentary Counsel that the matter can be left to the provisions of the Consumer Credit Act 1995 and there is no requirement for an explicit provision in the Bill.More Button

Amendment No. 31 is in response to concerns raised by Deputies and Senators on items of personal jewellery. Deputies will be aware that setting a value for such items is difficult and invidious ...More Button

I listened to Deputy Mac Lochlainn's contribution on this matter, on which I recall there was an inordinate focus in the House previously. I note this particular issue attracted the attention of...More Button

Somebody suggested a figure of €500. We must remember that what we are doing under the debt relief notice is allowing an individual to have €20,000 of debt written off over a period on the basis t...More Button

Amendment No. 32, like the previous amendment on jewellery, recalls our debates on the valuation of the exempt motor vehicle in section 24. I remind Deputies that the-----More Button

We are taking the amendments together. On the exempt motor vehicle, I believe a vehicle with a value of £1,000 is exempt under a similar debt mechanism in Northern Ireland. The relevant legislati...More Button

I do not propose to accept Deputy Mac Lochlainn's amendment, which proposes a value of €3,000. One could conclude that we are in some kind of bidding war on this issue. Deputies should remember...More Button

Amendment No. 39 proposes to set out more clearly the information the debtor is required to provide to the approved intermediary in support-----More Button

The order of the House was that all of these amendments would be taken together because they are interrelated. Obviously, Deputy Mac Lochlainn should be entitled to speak on the issue related to t...More Button

Amendment No. 50 provides for the replacement of the current subsections (3) and (4) in section 33. The amendment essentially improves the text by making clear how the debtor's income is to be c...More Button

Amendment No. 51 is a drafting amendment. The previous provision concerned in section 34 is now to be dealt with by a revised section 35 provided for by amendment No. 52, which improves the text...More Button

Yes.More Button

I beg the Deputy's pardon.More Button

I did not say that I regarded a car as a luxury. I merely observed that the view is taken in other jurisdictions that where a person is in serious debt and that debt is to be written off, it is no...More Button

Northern Ireland is as much a rural community as the Republic of Ireland, so we should not look in two opposite directions on exactly the same issue. Whatever the difference in vehicle registrat...More Button

It is the reality. In the context of insolvency legislation in Northern Ireland, there was no issue for Sinn Féin in fixing a threshold of £1,000 on the value of a vehicle which can be exempted fr...More Button

We are providing greater relief in the Republic for individuals who are in debt. In any case, no matter what figure I put on it, the Deputy would seek to cap it.

  In regard to ...More Button

When the tooth was finally loosened and a member of the Opposition suggested a figure of €500, there was furious nodding in my direction from that side of the House.More Button

There was not a single dissenter. Even Deputy Michael Healy-Rae did not dissent because he did not have a figure in mind himself.More Button

I made my misgivings regarding this provision clear when we discussed it on Committee Stage. As I recall, I pointed out both in this and the other House that in practice, in the 30 or so instanc...More Button

To be clear, my view on this does not come from any ideological perspective, and I have huge sympathy for individuals who find themselves in serious debt. This legislation is about introducing m...More Button

As I said, we have included, on the urging of Deputies opposite and their colleagues in the Seanad, a provision which exempts jewellery up to a particular value from being counted as an asset in ...More Button

I cannot go any further than that on this issue. I reiterate my reservations regarding the inclusion of the measure. I remain of the view that in a broad range of circumstances in which people ...More Button

I wish the Deputy would not be always so personal. It is not necessary to get a headline to be either abusive or personal. He, however, cannot resist taking that approach every time he comes into...More Button

The Deputy cannot resist such outbursts because they might get him a headline.More Button

It is unfortunate that we were having a serious debate in this House until Deputy Healy-Rae decided to pop up to address the jewellery issue. He has made no contribution of any description to the ...More Button

Nor has he contributed to any of the serious engagement which resulted in major amendments to the Bill. It is unfortunate that it is this particular issue, as opposed to the very substantial measu...More Button

Returning to the car valuation, in the context of this issue not being addressed in certain jurisdictions and in the context of the value that is attached in similar circumstances in adjacent jur...More Button

I share the view that a car is a necessity depending on where one lives in this State. For some it is a necessity for social interaction and contact with family and friends, while for others it is...More Button

  Amendment No. 1 to Seanad amendment No. 31 put and declared lost.More Button

  Seanad amendment No. 31 agreed to.More Button

Seanad amendment No. 32:More Button

These amendments provide for situations where an approved intermediary or personal insolvency practitioner resigns or becomes unable to act, and a replacement intermediary or practitioner is appoin...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 41:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 42:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 43:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 44:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 45:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 46:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 47:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 48:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 49:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 50:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 51:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 52:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 53:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 54:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 55:More Button

  Seanad amendment agreed to.More Button

These amendments address matters relating to an application for a protective certificate in the debt settlement arrangement and personal insolvency arrangement processes.

 &nbs...More Button

Amendment No. 117 removes the requirement for a debtor applying for a personal insolvency arrangement to make a statutory declaration as to his or her co-operation with secured creditors in regar...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 57:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 58:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 59:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 60:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 61:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 62:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 63:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 64:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 65:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 66:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 67:More Button

  Seanad amendment agreed to.More Button

These amendments seek to improve the provisions of the Bill relating to the effect of a protective certificate or the approval of a debt settlement arrangement or a personal insolvency arrangement....More Button

Amendment No. 69 makes it clear that a secured debt is not affected by a protective certificate in the debt settlement arrangement process. Amendment No. 71 is required to improve the current fo...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 69:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 70:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 71:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 72:More Button

  Seanad amendment agreed to.More Button

This group of amendments deals with procedures for creditors’ meetings relating to proposals for a debt settlement arrangement or personal insolvency arrangement, court approval of a debt settlemen...More Button

Amendments Nos. 84, 85 and 86 are technical drafting amendments to provide for correct cross-referencing consequential to Amendment No. 40. Amendments No. 137, 138 and 139 provide for correspond...More Button

Amendment No. 87 proposes to replace section 67(3) with new text in order to make the provisions consistent with similar provisions in the Bill, such as those in section 65(2). It also provides ...More Button

Amendment No. 88 clarifies that the voting rights exercisable by a creditor at a meeting of creditors to approve a debt settlement arrangement are in proportion to the amount rather than the valu...More Button

Amendment No. 140 replaces the current section 104 of the Bill in order to set out, in a clearer fashion, all of the relevant factors in regard to the determination and exercise of voting rights ...More Button

Amendment No. 143 replaces the current text of section 106 with regard to the proportion of creditors required to approve a personal insolvency arrangement. The purpose of the amendment is to cl...More Button

Amendment No. 182 proposes to insert a new section in Chapter 6. It sets out how debts in other currencies are to be dealt with in the context of the provisions of the Bill. There are specific ...More Button

Amendments No. 90 and 144 replace the provisions of section 73 and 111 in regard to the approval by a court of a debt settlement arrangement or personal insolvency arrangement. The text of the s...More Button

Regarding the variation of debt settlement arrangements and personal insolvency arrangements, amendment No. 73 is consequential on Amendment No. 100, which will delete section 78 of the Bill. Th...More Button

Amendments Nos. 96 and 151 are required to ensure consistency between the debt settlement arrangement and personal insolvency arrangement provisions of the Bill with regard to the variation of ei...More Button

Amendment No. 97 will remove the discretion previously afforded to the personal insolvency practitioner in regard to the calling of a creditors’ meeting to consider a possible variation in a debt...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 74:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 75:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 76:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 77:More Button

  Seanad amendment agreed to.More Button

This group of amendments deals with the treatment of preferential debts in the debt settlement arrangement and personal insolvency arrangement processes.More Button

Amendments Nos. 78 and 130 are technical amendments to sections 61 and 96, to insert cross-references to the sections dealing with a preferential debt and debt settlement arrangement or a personal...More Button

Amendment No. 80 replaces the existing text of section 62(1) with revised text which makes clear that unless the creditor concerned otherwise agrees in writing and provision to that effect is mad...More Button

  Seanad amendment agreed to.More Button

   Seanad amendment No. 79:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 80:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 81:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 82:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 83:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 84:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 85:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 86:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 87:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 91:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 92:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 93:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 94:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 95:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 96:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 97:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 98:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 99:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 100:More Button

  Seanad amendment agreed to.More Button

These amendments deal with situations where a creditor or personal insolvency practitioner wishes to challenge the coming into effect of a debt settlement arrangement or personal insolvency arrange...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 102:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 103:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 104:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 105:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 106:More Button

  Seanad amendment agreed to.More Button

Amendment No. 107 proposes the deletion of section 82 which provides that a terminated debt settlement arrangement under sections 78, 79 or 80 are to be deemed acts of bankruptcy. These are now li...More Button

Amendment No. 190 is a technical drafting amendment to section 139 of the Bill, which replaces section 15 of the Bankruptcy Act, to add a reference to the requirements of section 11 of that Act b...More Button

Amendment No. 200 substitutes and improves the current text in section 146 of the Bill inserting section 85D to the Bankruptcy Act in regard to bankruptcy payment orders which may, if the debtor’...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 108:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 109:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 110:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 111:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 112:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 113:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 114:More Button

  Seanad amendment agreed to.More Button

This group of amendments deals with the review of the Bill after its enactment. Amendment No. 115 which proposes the deletion of section 85, is consequential on the new review section inserted by ...More Button

However, as I said when we discussed this point previously, the operation of this Bill will be subject to ongoing review. I have made it clear that I will swiftly intervene, with amending legisl...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 116:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 117:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 118:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment no. 119:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 120:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 121:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 122:More Button

   Seanad amendment agreed to.More Button

  Seanad amendment No. 123:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 124:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 125:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 126:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 127:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 128:More Button

  Seanad amendment agreed to.More Button

These amendments deal with Chapter 5, Part 3, which provides for offences under the Bill. The purpose of Seanad amendment No. 165 is to provide that section 122, which deals with breaches of a deb...More Button

I ask the House again notes a slight typographical correction to amendment No. 167, which is that the reference in subsection (2) to subsection (4) should in fact be a reference to subsection (3)...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 151:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 152:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 153:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 154:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 155:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 156:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 157:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 158:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 159:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 160:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 161:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 162:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 163:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 164:More Button

Seanad amendment agreed to.More Button

  Seanad amendment No. 165:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 166:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 167:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 168:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 169:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 170:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 171:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 172:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 173:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 174:More Button

  Seanad amendment No. 175:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 176:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 177:More Button

Seanad amendment agreed to.More Button

  Seanad amendment No. 178:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 179:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 180:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 181:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 182:More Button

Seanad amendment agreed to.More Button

  Seanad amendment No. 183:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 184:More Button

  Seanad amendment No. 185:More Button

Seanad amendment agreed to.More Button

  Seanad amendment No. 186:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 187:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 188:More Button

Seanad amendment agreed to.More Button

  Seanad amendment No. 189:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 190:More Button

Seanad amendment agreed to.More Button

  Seanad amendment No. 191:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 192:More Button

I should point out that under Seanad amendment No. 192, Seanad amendment No. 167 is dealt with later in the text. It is important to note that, although we did not speak to that issue. That is a ...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 193:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 194:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 195:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 196:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 197:More Button

  Seanad amendment agreed to.More Button

I thank Deputy Donnelly both for raising this issue and for his constructive contribution throughout to this legislation. I am anxious to ensure there is no misunderstanding about Seanad amendment...More Button

It replicates something that is already in bankruptcy law with which the Deputy will be familiar. With this legislation we are effectively describing a period of three years' bankruptcy. The only...More Button

What does the section do? The section contains a provision which allows for the official assignee in bankruptcy to seek a "bankruptcy payment order" by way of application to the court. The circu...More Button

The official assignee may be asked to pursue that issue by any creditor - it does not have to be a financial institution. Let us always remember that we are dealing with insolvency legislation. ...More Button

The official assignee has discretion, first, as to whether he or she makes that application and, second, as to how much that application is for. It will be for the courts to determine how to dea...More Button

The official assignee may determine it is not appropriate to make the application. Even when the official assignee makes the application, the courts may determine it is not appropriate to make t...More Button

As the Deputy correctly says, this legislation is based on a certain approach. It is based on an approach in particular dealing with the personal insolvency arrangement which deals with secured ...More Button

This mechanism has been part of bankruptcy legislation in other jurisdictions for some time and it remains part of this structure. However, to suggest it creates a bankruptcy period of eight yea...More Button

The personal insolvency arrangement arises in circumstances in which we have tens of thousands of people who are in significant personal financial difficulty with home mortgages. There are indiv...More Button

The issue is that the banks must constructively engage with this legislation. As I have said in the context of the personal insolvency arrangements, there are options for a financial institution...More Button

The area in focus is that of debt forgiveness. Where individuals are genuinely insolvent and cannot, as opposed to will not, pay their monthly repayments, who are burdened by other debt and may ...More Button

There is no doubt that there are thousands of individuals for whom debt forbearance under the concept of the personal insolvency arrangement will not resolve the issue. It will not resolve it for ...More Button

For individuals in those circumstances where there is no reasonable prospect in the medium term of their financial position changing, debt write off is crucial for their personal circumstances an...More Button

As Deputies will be aware, AIB made a very helpful comment about this issue about a week or ten days ago. It made it clear that for some individuals in serious debt of this nature who are engagi...More Button

What about Bank of Ireland and the comments made by Ray MacSharry? I did not hear what he said but I would be of the view that if any public interest director of a financial institution publicly...More Button

I know Deputy Donnelly would not do this deliberately so I do not want him to take offence but I hope he either mis-reported in some sense what Ray MacSharry said or that what Mr. MacSharry said ...More Button

Let there be no doubt about it. Regardless of whether it is Bank of Ireland, Richie Boucher or Ray MacSharry, they must ensure their institutions constructively engage under this legislation in ...More Button

I keep saying that we must be careful with this legislation. I am very conscious of its importance to people with family homes in negative equity who are in significant financial difficulty. Ho...More Button

All I can say to the Deputy is that I am very disappointed to learn of comments made today in a committee of this House. I hope the individual who made them will reflect on them. Once the legis...More Button

However, if there are difficulties I will not be slow to amend the legislation, and it is very important this is understood outside the House. The Government has engaged with the financial institu...More Button

Deputy Donnelly is right, of course, and his point applies to AIB as much as others. Banks have a duty to try to recoup debt owing to them. They also have an obligation to recognise a debt whic...More Button

I wish to briefly point out to Deputy Donnelly one issue which he has missed, which is that the debtor will not in these circumstances be walking into the bank faced by the bank's lawyers and bank ...More Button

If there is a level of co-operation, however - what I would describe as snarling co-operation over-embedded with threats - it will become apparent at an early stage in this process that is the way ...More Button

This Government is a lot more resilient than the Deputy is suggesting and I do not think we are going to have a general election in the next one to two years. I cannot predict how long I will be...More Button

We do have to get experience of how this works for some months at least. We must also see what place creditors, including secured creditors, are in after the legislation is enacted. In the cont...More Button

These amendments deal with the new Part 5, which makes provision for the regulation, supervision and discipline of personal insolvency practitioners. The insolvency service will be responsible for...More Button

I will now address the detail of the new Part 5. Amendment No. 202 proposes the insertion of section 147, which provides for the interpretation of certain items used in the new Part.More Button

Amendment No. 203 proposes the insertion of section 148. This new section provides that it will be an offence for a person to act as a personal insolvency practitioner who is not entitled to do ...More Button

Amendment No. 204 proposes the insertion of section 149. This section gives the insolvency service the power to make regulations to provide for matters such as procedures governing the authorisa...More Button

I did not think we had reached amendment No. 202 yet.More Button

The Deputies opposite must have nodded it through for me. I was anxious to place on record the background to the provisions but I will be happy, if need be, to proceed to amendment No. 213. Chap...More Button

Amendment No. 214 proposes the insertion of section 159. Under this section, a personal insolvency practitioner will be required to have a policy of professional indemnity insurance which meets ...More Button

Amendment No. 215 proposes the insertion of section 160 to provide that a personal insolvency practitioners will not be permitted to charge fees or costs which are not incurred either in accordan...More Button

Chapter 3, comprising sections 161 to 163, inclusive, contains important provisions dealing with accounts and related matters. Amendment No. 216 proposes the insertion of section 161. This sect...More Button

Amendment No. 217 proposes the insertion of section 162 to provide that the insolvency service may, where necessary, apply to the High Court for certain orders in relation to the banking accounts...More Button

Amendment No. 218 proposes the insertion of section 162 which aims to address circumstances where a personal insolvency practitioner is no longer authorised to carry on practice as such and the p...More Button

  Seanad amendment agreed to. More Button

  Seanad amendment No. 214:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 215:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 216:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 217:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 218:More Button

  Seanad amendment agreed to.More Button

Chapter 4, comprising sections 164 to 174, provides for a comprehensive system of complaints and investigations where improper conduct by a personal insolvency practitioner is alleged and for the i...More Button

Amendment No. 224 proposes the insertion of section 169. This section gives inspectors comprehensive powers to assist them in carrying out investigations, including powers to enter and search pr...More Button

Amendment No. 225 proposed the insertion of section 170. This section sets out the actions to be taken by inspectors and the complaints committee on completion of an investigation. Upon the com...More Button

Amendment No. 226 proposes the insertion of section 171, which provides that a PIP may appeal to the High Court against a decision of the complaints committee to impose a minor sanction.More Button

Amendment No. 227 proposes the insertion of section 172, which sets out the matters to be considered by the complaints committee or the High Court in considering whether a sanction ought to be im...More Button

Amendment No. 228 proposes the insertion of section 173, which provides for the publication by the insolvency service of the particulars of convictions and sanctions imposed under this Part.More Button

Amendment No. 229 proposes the insertion of section 174. This provides that the right of access to personal data under section 4 of the Data Protection Act 1988 does not apply to data processed ...More Button

I am about to conclude. Amendment No. 243 proposes the insertion of a new Schedule 2, which sets out the provisions applicable to oral hearings conducted in accordance with sections 169 and 170.More Button

Amendment No. 244 proposes to insert a new Schedule 3 to make detailed provision for the establishment and membership of the complaints panel and complaints committee. The complaints panel must ...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 220:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 221:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 222:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 223:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 224:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 225:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 226:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 227:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 228:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 229:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 230:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 231:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 232:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 233:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 234:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 235:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 236:More Button

It is envisaged under the Bill that the initial specialist judges will come from the existing cohort of county registrars, who will be entitled to make applications to be appointed as specialist ju...More Button

County registrars have particular expertise. They will clearly, like everyone else dealing with this legislation, require training in the legislation and how it works. Although they will operat...More Button

Ultimately, future appointments thereafter will be extended as the legislation prescribes to practising solicitors and barristers. The JAAB will be involved in the process.More Button

Yes.More Button

We have very well qualified county registrars around the country. A number of them have made the case that they do not have enough work to do, which is interesting in the context of the work and t...More Button

It is also envisaged that the specialist circuit judge will, when the assisted decision making capacity Bill is enacted - we hope to publish it fairly early in the new year; it will result in fun...More Button

The purpose of this is to ensure we have a cohort of judges who are immediately available to deal with any of the debt resolution mechanisms that have to come before them, that they are approved ...More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 237:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 238:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 239:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 240:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 241:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 242:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 243:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 244:More Button

  Seanad amendment agreed to.More Button

  Seanad amendment No. 245:More Button

  Seanad amendment agreed to.More Button

Before we conclude, there are some typographical errors to which I need to draw the attention of the House for completeness. I ask that the House note some slight typographical corrections to the ...More Button

In amendment No. 167, the reference in subsection (2) to "subsection (4)" should be to "subsection (3)". In amendment No. 192, within the inserted section 44B, in...More Button

I thank Members on all sides of the House for their very constructive engagement, which has contributed meaningfully to the development of the legislation. I thank the members of the Joint Committ...More Button

The Taoiseach was asked, quite properly, by Deputy Micheál Martin this morning about the coming into force of this legislation. I take this opportunity to comment briefly in that regard. Mr. Lo...More Button

Regulations will be prepared with regard to the licensing of personal insolvency practitioners. Software is being put in place for the electronic exchange of information under the legislation an...More Button

In short, our objective is to have the measures set out in the legislation operational as soon as possible. As I said, the insolvency service intends to have its online functionality up and runn...More Button

  Seanad amendments reported.More Button

Care Services: Motion (Resumed) [Private Members]

  The following motion was moved by Deputy John Halligan on Tuesday, 18 December 2012:More Button

Garda Recruitment

Was asked: If he will consider lifting the embargo on new Garda recruits in view of the fact that persons and families are now living in fear in rural, isolated areas and the fact that a large number of Garda...More Button

The present strength of An Garda Síochána is approximately 13,400 which is a strength similar to that during 2007. While the moratorium continues to apply to the Garda Síochána, the question of wh...More Button

Naturalisation Applications

Was asked: if a person (details supplied) who is living in the country since March 2003 on a continuous basis and formally received refugee status in 2009 could be eligible to become an Irish citizen having l...More Button

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the per...More Button

Garda Stations Refurbishment

Was asked: if he will outline the running costs of Garda stations (detail supplied) in County Mayo: and if he will separately outline any capital investment or expenditure in the same stations in 2009, 2010, ...More Button

The Garda Commissioner is the Accounting Officer for the Garda Vote and I have been informed by the Garda authorities that financial cost statements are maintained at District Headquarters level ra...More Button

However, I have also been advised by the Garda authorities that the annual financial saving estimated to arise in respect of the closure of the stations referred to by the Deputy is Euro 4,000 pe...More Button

As the Deputy will be aware, the closure of the stations has been proposed by the Garda Commissioner in his Policing Plan for 2013 and I would stress that the key objective involved is to promote...More Button

Furthermore, the Garda Commissioner has indicated he is confident that the implementation of the restructuring proposals contained in the 2013 Policing Plan will not lead to any diminution in the...More Button

Capital expenditure in respect of Garda accommodation is provided from the Vote of the Office for Public Works and, accordingly, I am not in a position to provide the information the Deputy has s...More Button

Garda Districts

Was asked: if he will outline the staffing consequences, the consequences on opening hours and service provision and any other consequences for a Garda Station (details supplied) in County Mayo arising from t...More Button

Local Garda management in the Division and District referred to by the Deputy have been tasked with developing a comprehensive consultation strategy together with a tailored implementation plan tha...More Button

The Garda Commissioner has clearly indicated that he is confident that the implementation of the restructuring proposals contained in the 2013 Policing Plan will not lead to any diminution in the...More Button

Legislative Programme

Was asked: the proposals he intends bringing before Dáil Éireann to combat the illegal exploitation of women; and if he will make a statement on the matter.More Button

I understand the Deputy is referring to exploitation in the form of sex trafficking.   

  The Criminal Law (Human Trafficking) Act 2008 criminalises the traffickin...More Button

Departmental Funding

Was asked: if he will provide in tabular form, the total amount of capital funding his Department has allocated to Waterford for the years 2011 and 2012; and if he will make a statement on the matter.More Button

I wish to advise the Deputy that a sum of €847 was spent on capital works in Waterford during 2011 and to date in 2012.More Button

Was asked: if he will provide in tabular form, the total amount of capital funding his Department has allocated to Waterford for the years 2011 and 2012; and if he will make a statement on the matter.More Button

No capital funding was allocated by my Department to Waterford for the years in question. Capital funding is allocated internally in my Department for Defence related expenditure only.More Button