Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 58:

In page 37, line 27, after “process” to insert “in respect of a specified qualifying debt”.

The aim of amendment No. 58 is to ensure that section 32(3) will not prevent the initiation or continuation of tort claims or other legal proceedings that have no connection to a debt and may involve persons who have no connection to a debt. To better reflect the policy intention of this provision, the proposed amendment limits the effect of the exclusion to the specified debts in the debt relief notice. For consistency, similar amendments are proposed to the corresponding provisions regarding debt settlement arrangements in amendment No. 98 and regarding personal insolvency arrangements in amendment No. 142.

Amendment No. 59 deals with an issue related to amendment No. 58. The provisions of section 32(3) as drafted could be given a wide interpretation so as to prevent criminal proceedings or applications to court relating to criminal investigations being made against a person subject to a debt relief notice. It would be costly to the State if applications have to be made to the Circuit Court or High Court for leave, for example, to initiate a District Court prosecution. The amendment makes it clear that the existence of a protective certificate will not prohibit criminal proceedings against a debtor. For consistency, similar amendments are proposed to the corresponding provisions regarding debt settlement arrangements in amendment No. 99 and regarding personal insolvency arrangements in amendment No. 143.

I am sure Deputies will appreciate it was never intended that there would be a bar on the initiation of criminal proceedings, where appropriate, because of an application for any of the debt relief mechanisms available under the legislation.

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