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

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 debtor's obligations under a debt relief notice will be broadened to also cover breach of obligations under a debt settlement or a personal insolvency arrangement. Seanad amendments Nos. 166 and 168 are drafting amendments to sections 123 and 124, first to correct cross-references to other sections of the Bill and, second, to prevent any possible erroneous interpretation of those provisions as meaning that a person who commits an offence under those sections can only be prosecuted while the insolvency arrangement remains in effect and not after it ends or is terminated, even if the wrongdoing only comes to light then. Amendment No. 167 aims to provide more clarity as to what is intended to be published by section 124, which deals with fraudulent disposal of property by a debtor.

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). Seanad amendment No. 150 reduces the amount of credit the debtor may seek without informing the creditor of the fact he is party to a personal insolvency arrangement to €650. This is the same amount as has been provided for in the debt relief notice and debt settlement arrangement. The purpose of Seanad amendment No. 169 is to bring the offence provision in section 125 into line with those restrictions on a debtor who seeks to obtain credit of more than €650. Seanad Amendment No. 171 is proposed to amendment section 127 to increase the fine for a summary offence under the Bill to a class A fine, which means a fine not exceeding €5,000.

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