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Personal Insolvency Bill 2012: Report Stage (Resumed) and Final Stage (7 Nov 2012)

Niall Collins: I accept the Minister's comments on my proposal of one year versus the proposed three years he intends to provide for in the Seanad. When he is making the provision for three years, will he put a time limit on the review period? Will the review period start in year three or will it finish in year three? Can the Minister provide for a definite period of time for the review in order that it...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 120:In page 72, line 39, to delete “3 months” and substitute “6 months”.This is an attempt to be on the side of the debtor in this process. The section provides for the right of a creditor to have a settlement annulled for a number of reasons. If the debtor is in arrears for up to three months, the creditor can apply to have the arrangement...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 121:In page 73, line 2, to delete “3 months” and substitute “6 months”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 122:In page 73, line 4, to delete “3 month” and substitute “6 month”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 123:In page 73, line 9, to delete “3 month” and substitute “6 month”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 124:In page 73, line 19, to delete “6 months” and substitute “9 months”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 125:In page 73, line 28, to delete “6 months” and substitute “9 months”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 126:In page 73, line 29, to delete “6 month” and substitute “9 month”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 127:In page 73, line 33, to delete “6 month” and substitute “9 month”.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 130:In page 74, line 45, to delete “3 years” and substitute “2 years”.The amendment seeks to shorten the look-back period which a creditor can cite if they come into dispute with the debtor in terms of alleging that the debtor manipulated or put themselves into a position where they would have to avail of a debt settlement arrangement.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 109:In page 65, lines 3 to 5, to delete all words from and including "representing" in line 3 down to and including "voting" in line 5 and substitute the following: "representing not less than 50 per cent in value of the creditors present and voting".This concerns the old chestnut of the banks wielding undue influence in voting power at a creditors' meeting. It is right...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 100:In page 55, to delete lines 18 to 22 and substitute the following:"58.—(1) Where a creditor or debtor is aggrieved by the issue of a protective certificate that creditor or debtor may, within 14 days of the giving of notice of the issue of the protective certificate, apply to the appropriate court for an order directing that the protective certificate shall not...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: Could the Minister clarify one point?

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: If the intermediary draws up the arrangement with the debtor, can the insolvency service alter that arrangement prior to presenting it without recourse to the debtor?

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: That is satisfactory.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I welcome the amendment.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I move amendment No. 51:In page 36, between lines 38 and 39, to insert the following: “(a) contact the debtor seeking the repayment of the debt,”.Am I right in saying that the intention of my amendment is covered by 32(1)(f)?

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: On that basis, I will withdraw it.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Niall Collins: I agree that people should have to trade down their vehicles. It is also reasonable to provide for a car that is appropriate to people's needs and the needs of their families, which is more important. Outside the greater Dublin area, Ireland is predominantly rural and a car is a necessity. It is not a luxury item. Will the Minister consider this matter before the Bill goes to the Seanad...

Select Committee on Justice, Defence and Equality: Estimates for Public Services 2012
Vote 35 – Army Pensions (Supplementary)
(7 Nov 2012)

Niall Collins: In regard to the determination of service by the Minister for Defence, is that a discretionary power for the Minister of the day?

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