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

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. Amendments Nos. 68 and 123 refine the text of sections 57 and 92 to better clarify the effect of the issue of a protective certificate in a debt settlement arrangement or a personal insolvency arrangement.

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 formulation of section 59(1). It also includes a new provision which requires the personal insolvency practitioner to make a proposal for a debt settlement arrangement in addition to inviting submissions from creditors. Amendments Nos. 126 and 127 provide for corresponding amendments to section 94 regarding the personal insolvency arrangement. Amendment No. 82 is a technical drafting amendment which amends the existing text of section 63 to include a necessary cross-reference to section 57. Amendments Nos. 92 and 146 refine the text of sections 74 and 112 in relation to the effect of an approved debt settlement arrangement or personal insolvency arrangement on creditors. Amendments Nos. 93 and 147 aim to clarify the position in those sections in relation to creditor action against another person who may have guaranteed the specified debts concerned. The purpose of Amendment No. 124 is to delete section 92(8), which is now redundant following the amendments regarding excluded and excludable debts.

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