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

Chapter 4, comprising sections 164 to 174, provides for a comprehensive system of complaints and investigations where improper conduct by a personal insolvency practitioner is alleged and for the imposition of appropriate sanctions. Amendment No. 219 proposes the insertion of section 164 which empowers the director of the insolvency service to appoint members of the staff of the service or other appropriate persons to act as inspectors for the purpose of the Bill.

Amendment No. 220 proposes the insertion of section 165. This section provides for the establishment of a panel of persons to act on a the personal insolvency practitioners complaints committee. When the insolvency service appoints an inspector to carry out an investigation into a personal insolvency practitioner's conduct, it must request the Minister to appoint a complaints committee from the panel to act in relation to the investigation.

Amendment No. 221 proposes the insertion of section 166. This section provides for the making of written complaints to the insolvency service alleging improper conduct by a personal insolvency practitioner and sets out the procedure for the handling of such complaints by the service.

Amendment No. 222 proposes the insertion of section 167. This section provides that where the insolvency service considers that immediate suspension of an authorisation to carry on practice as a personal insolvency practitioner is necessary, it may make an application to the High Court for an order to suspend the personal insolvency practitioner's authorisation.

In exceptional circumstances where there is an immediate risk of financial harm, the insolvency service may apply to the High Court on an ex parte basis for interim suspension of a personal insolvency practitioner's authorisation for a maximum of 14 days.

Amendment No. 223 proposes the insertion of section 168 which provides that an investigation may be carried out by the insolvency service on foot of a complaint or on the service's own initiative. It provides for the appointment of an inspector or inspectors to carry out such an investigation to prepare an investigation report.

Amendment No. 224 proposes the insertion of section 169. This section gives inspectors comprehensive powers to assist them in carrying out investigations, including powers to enter and search premises, carry out examinations and inquiries and conduct oral hearings.

Amendment No. 225 proposed the insertion of section 170. This section sets out the actions to be taken by inspectors and the complaints committee on completion of an investigation. Upon the completion of an investigation, the inspector must submit the investigation report to the complaints committee, which may conduct an oral hearing, if appropriate, for the purpose of observing fair procedure. If the conduct of the personal insolvency practitioner, PIP, is found by the committee to constitute improper conduct, the committee must make a determination with regard to the appropriate sanction and may, if appropriate, impose a minor sanction on the PIP. If the complaints committee determines that the appropriate sanction is a major sanction, the matter must be referred to the High Court. A major sanction is defined in section 147 as the revocation or suspension of a PIP's authorisation or the payment to the insolvency service of up to €30,000 towards the cost of the investigation. The High Court, having given all of the parties an opportunity to make submissions, will impose the sanction it considers appropriate in the circumstances of the case.

Amendment No. 226 proposes the insertion of section 171, which provides that a PIP may appeal to the High Court against a decision of the complaints committee to impose a minor sanction.

Amendment No. 227 proposes the insertion of section 172, which sets out the matters to be considered by the complaints committee or the High Court in considering whether a sanction ought to be imposed on a PIP or the appropriate sanction that might be imposed.

Amendment No. 228 proposes the insertion of section 173, which provides for the publication by the insolvency service of the particulars of convictions and sanctions imposed under this Part.

Amendment No. 229 proposes the insertion of section 174. This provides that the right of access to personal data under section 4 of the Data Protection Act 1988 does not apply to data processed by the insolvency service or an inspector of the complaints committee in the performance of his or her functions relating to investigations.

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