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

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 the value of the car. It may be helpful, therefore, to allow me to complete my contribution on this series of amendments because there is a connectivity between them all. They have been grouped for this reason and also because it facilitates discussion rather than a piecemeal debate.

I was dealing with amendment No. 39 which proposes to set out more clearly the information the debtor is required to provide to the approved intermediary in support of his or her application for a debt relief notice. It also includes at paragraph (a)(iv) additional text which places a notice on the debtor to inform the approved intermediary as to what efforts the debtor has made to reach alternative repayment arrangements with creditors prior to seeking a full write-off in the debt relief notice. While this may not be of significant concern as such, it serves as a useful indicator and could lead to a current or future Money Advice and Budgeting Service client for a debt relief notice being potentially diverted into an acceptable repayment arrangement with creditors, thereby avoiding the process and some of its consequences. This approach would complement current MABS strengths and involvement in debt resolution.

Amendment No. 43 is a drafting amendment to require a debtor who applies for a debt relief notice to make a statutory declaration as to the completeness and accuracy of his or her prescribed financial statement.

Amendment No. 45 provides that an application for a debt relief notice may be withdrawn by the approved intermediary at any time prior to the issuing of a debt relief notice by the insolvency service under section 28. This potential situation is not currently addressed in this part of the Bill and is required for the avoidance of doubt.

Amendment No. 46 proposes the amendment of section 28 to address a lacuna in the existing text. The new text makes provision for circumstances where a debt relief notice application is referred to the insolvency service but the service is dissatisfied with the application. Subsection (1)(b) provides that in such cases the service is required to inform the approved intermediary.

Subsection (2) provides for circumstances in which the court refuses an application for a debt relief notice. Subsection (3) makes provision for the appropriate court, where it requires further information or evidence for the purpose of its arriving at a decision under subsection (2), to hold a hearing on the matter. Subsection (4) makes provision for the hearing not to be held in public unless the court decides otherwise. Subsection (5) requires the court to notify the insolvency service of its decision on the application.

Amendment No. 47 is a drafting amendment which amends the cross-referencing in regard to core notification arising from the new text in section 28. Amendments Nos. 48 and 49 are technical drafting amendments to improve the presentation of the Bill.

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 calculated for potential repayment where there has been an increase in such income. It also takes account of the new provisions regarding excluded and excludable debts and how these are to be treated in this scenario.

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 of the existing section 35 with regard to the situation of the debt relief notice process when a possible payment to creditors becomes available. The primary change is to mirror the now possible inclusion of certain previously excluded debts in a debt relief notice. In recognition of that possibility, such creditors deemed to hold permitted debts, which are those excluded debts the creditors have agreed to include and write off, will receive priority over other creditors if some funds become available. Realistically, I do not expect such repayments will be a major feature of the debt relief notice process, given its nature and the likely economic position of applicants for a debt relief notice.

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