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Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: What I put on the record-----

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: The Deputies chose to misrepresent what I had said on Second Stage and play games with it. I will remind them of what I said after it was suggested all "jewellery should also be exempt from the asset test for the debt relief notice". They seemed to have missed my response.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: I said I was "mindful of the sentimental, as much as actual, value of items such as engagement rings".

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: I made it clear that "given the potential for misuse of such a possible exemption, I would need to hear very convincing arguments as to why a person applying for a full debt write-off of up to €20,000 from his or her creditors should be allowed to retain expensive items of jewellery which might be sold to repay some of the debt incurred". Is anyone seriously suggesting a wedding ring which...

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: Of course it would not.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: In legislation such as this, one cannot allow people who were of substantial worth and continue to have jewellery of substantial worth-----

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: There are individuals in this State who have jewellery worth hundreds of thousands of euro.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: Is anyone seriously suggesting that their jewellery should be exempt-----

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: -----from a debt relief mechanism or from this personal insolvency legislation?

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: I challenge the Deputies to discover a single jurisdiction anywhere in the world which exempts all jewellery from having to be realised in order to ensure moneys which are genuinely owed in cases of insolvency are paid.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: There are jurisdictions in which modest items of jewellery are exempt from being included in this process. There is no jurisdiction in which what the Deputies are proposing - that all wedding rings should be exempt - is in place. Of course they are just playing games with this issue.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: It would be great if it was asked by a serious person.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: A number of Deputies raised the issue of the development of reasonable living expenditure guidelines in the context of the insolvency process. I agree that this is an important element of the process. I also agree with those Deputies who noted the difficulty of setting down definitive amounts to apply to all cases, when we know that insolvency must be dealt with on a case-by-case basis....

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: This issue is of great importance in the context of this legislation. I am concerned by reports that some financial institutions, in addressing issues of indebtedness and seeking to enter voluntary arrangements with customers who are in major financial difficulty, have suggested that an adequate income for individuals who are working should be no more than what they would receive on social...

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: The issue of the review period of the operation of the Bill, of ten years, was raised. It was reasonable for Deputies to make the points they made in this regard. In the context of the complexity of the legislation, the new non-judicial debt relief arrangements proposed and the novelty of the personal insolvency arrangement, which does not apply in other jurisdictions, it is reasonable to...

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: Deputy David Stanton made a point with which I agree, making reference to the need to ensure consistency of approach across financial institutions and the need for an overarching bank protocol. The banks and financial institutions each have an individual legal identity and may have different approaches in certain circumstances. There is a need for consistency within the banks because I have...

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: Most of us recognise it is important that we have a proper, functioning banking system. Deputy Ross's contribution could be summed up as suggesting banks should lend money to individuals, that the individuals to whom money is lent - regardless of circumstances - should never have an obligation to repay it and that the taxpayers should carry the losses incurred within the banking system.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: That sums up the view of Deputy Ross and I am sure he will be delighted with the support of Deputy Finian McGrath. The contribution of Deputy Ross could be best described as populist poppycock and I expect something better from a Deputy who presents himself as a business editor in a Sunday newspaper.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: The House appears to be still sitting so, if he had a genuine interest in the Bill, he would be here to defend himself.

Personal Insolvency Bill 2012: Second Stage (Resumed) (18 Jul 2012)

Alan Shatter: I would like to conclude my consideration of the main themes raised during the debate by referring to a point raised by a number of Deputies. The point can be summarised by questioning why a person paying all of his or her debts, and who did not go mad, should pay for the indulgence of others and why he or she should bail them out. That is a very fair point in the context of home mortgages....

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