James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 4:

In page 8, between lines 11 and 12, to insert the following: “(3) The Bankruptcy Acts 1988 to 2015 and Part 5 may be cited together as the Bankruptcy Acts 1988 to 2023.”.

On Committee Stage I flagged my intention to bring forward an amendment to section 46 of the Bankruptcy Act 1988. That section sets out the process for certifying the vesting of a bankrupt property in the official assignee after bankruptcy adjudication in the High Court. However, I am not now proceeding with that intended amendment. I am happy to say that, following internal process reforms already introduced by the Courts Service, there is no longer a need for it.

Amendments Nos. 4 and 10 to 12, inclusive, which concern amendments to the Bankruptcy Act 1988, are technical amendments made on the advice of the Office of the Parliamentary Counsel. Amendment No. 4 provides a collective citation for the Bankruptcy Acts, and amendments Nos. 10 and 11 amend proposed section 61A of the Bankruptcy Act 1988. Amendment No. 12 inserts a new section 61B in the Bankruptcy Act 1988, following after and related to the new section 61A that is inserted by section 33 of this Bill. On Committee Stage I flagged I would propose to introduce this amendment on Report Stage. The purpose of the amendment is to provide explicit statutory authority for the data protection purposes for the official assignee in bankruptcy to request, and for a public body, private entity or individual to provide, information the assignee considers necessary and proportionate for the effective performance of his or her functions under section 61 of the Bankruptcy Act. Such information may include personal data, special categories of personal data and Article 10 data under the general data protection regulation.

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