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

I move amendment No. 12:

In page 35, between lines 14 and 15, to insert the following:

"Amendment of section 27 of Act of 2012

44. Section 27 of the Act of 2012 is amended--

(a) by substituting the following for subsection (4):

"(4) The debtor, as soon as practicable after he or she has made the confirmation referred to in subsection (3), shall--

(a) provide information that fully discloses his or her financial affairs to the approved intermediary, and

(b) give his or her written consent to the--

(i) making by the approved intermediary of an enquiry under subsection (9), and

(ii) disclosure by the approved intermediary of personal data of the debtor, to the extent necessary for such an enquiry.",

and

(b) by substituting the following for subsections (9) to (12):

"(9) The approved intermediary may, for the purposes of subsections (5) and (6), make such enquiries as he or she considers appropriate to verify the value of a debt or other liability disclosed by the debtor under this section.

(10) Where a creditor who receives an enquiry from the approved intermediary pursuant to this section does not furnish the information requested within 21 days of the making of the enquiry, the approved intermediary shall be entitled for the purposes of subsection (6) to presume that the value of the debt or liability concerned is that disclosed by the debtor.".".

This amendment makes two changes to section 27 of the Personal Insolvency Act 2012 which deals with the initiation of a debt relief notice process by a debtor. A new subsection (4) extends the provisions of the existing text of that subsection by now adding that where the debtor has provided information in regard to his or her application for a debt relief notice, he or she must also give written consent to the making by the approved intermediary of an inquiry under subsection (9), and to the disclosure by the approved intermediary of personal data of the debtor to the extent necessary for such an inquiry. Such inquires would be made to creditors or perhaps to a relevant State authority such as the Revenue Commissioners.

New subsections (9) and (10) replace the previous subsections (9) to (12) in section 27. These latter subsections were relocated to section 47 by amendment No. 16 which we discussed. They provide an explicit power to the approved intermediary to verify the value of a debt or other liability of the debtor with the creditor concerned in regard to the application for a debt relief notice. The creditor is required to respond to the request for information from the approved intermediary within 21 days. Otherwise, the approved intermediary is entitled to presume that the amount of the debt owed is that claimed by the debtor.

A period of 21 days is not unreasonable and is similar to that required say of the Revenue Commissioners or Department of Social Protection in regard to a request for the inclusion of certain debts in the new debt resolution process.

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