Oireachtas Joint and Select Committees

Wednesday, 17 July 2013

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Insolvency Service of Ireland: Discussion

2:10 pm

Mr. Lorcan O'Connor:

I will be happy to clarify the difference, but I will finish the point on the requirement to attend a course. We considered that it was extremely important to ensure people knew the Act and all related areas inside out in order that they would be able to give the right advice in their role as a PIP.

This may not have been expected. It is certainly not the norm, but we felt strongly that it was necessary for people to attend the courses for the reason mentioned - that is, in the absence of courses, people could act in the space of PIPs without providing the advice and attention required by the role.

Regarding the distinction between a PIP and an approved intermediary, the latter will advise someone applying for a debt relief notice. His or her role is to assess the situation of the debtor who comes in through the door and recommend whether applying for a debt relief notice is a good idea. If it is, the intermediary will hold the debtor's hand through the process, explain its various stages and make an application on his or her behalf. After the application is made, however, and assuming the debt relief notice is granted, the intermediary's role ceases and the Insolvency Service of Ireland, ISI, kicks in with a three-year supervision period for the debt relief notice.

This process is different from the other two reliefs, which are dealt with by a PIP. The initial stage is similar, in that the practitioner advises the debtor of his or her options and helps him or her through the application process, but the practitioner sticks with the arrangement for the five, six or seven years that it lasts. They will carry out annual reviews and handle client moneys. For example, if a debtor can put €100 aside every month for the next seven years, that money goes to the practitioner unless otherwise provided for in the proposal and he or she distributes it to the creditors. Practitioners have a more extensive role than approved intermediaries.