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

Alan Shatter: I move amendment No. 75:In page 40, line 44, to delete "Notice," and substitute "Notice concerned,".

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

Alan Shatter: I move amendment No. 76:In page 41, line 1, to delete "as the court thinks fit." and substitute "as it deems appropriate.".

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

Alan Shatter: I move amendment No. 77:In page 41, line 12, to delete "are limited to the following matters:" and substitute "are the following:".These amendments are to provide greater clarity in relation to the relevant provisions in the Bill.

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

Alan Shatter: I move amendment No. 78:In page 41, to delete lines 18 to 21 and substitute the following: "(i) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 26;".

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

Alan Shatter: I move amendment No. 79:In page 41, line 31, to delete "not followed." and substitute "not complied with.".These are technical amendments required to improve the drafting of the Bill.

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

Alan Shatter: I move amendment No. 80:In page 41, line 42, to delete "as the court thinks fit." and substitute "as it deems appropriate.".

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

Alan Shatter: I move amendment No. 81:In page 42, line 10, to delete "are limited to the following matters—" and substitute "are the following—".

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

Alan Shatter: I move amendment No. 82:In page 42, to delete lines 14 to 17 and substitute the following: "(b) there is a material inaccuracy or omission in the Prescribed Financial Statement concerned, or other information provided, or documents submitted, by the specified debtor, or on his or her behalf, under section 26,".

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

Alan Shatter: I move amendment No. 83:In page 42, to delete line 26 and substitute "not complied with.".

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

Alan Shatter: I move amendment No. 84:In page 43, line 3, to delete "or 34" and substitute "or under section 34".This is a technical drafting amendment which seeks to improve on the cross references to sections 33 and 34.

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

Alan Shatter: I move amendment No. 85:In page 43, between lines 3 and 4, to insert the following: "(3) Where subsection (1) applies— (a) the period during which the Debt Relief Notice concerned was in effect shall be disregarded in reckoning any period of time for the purpose of anyapplicable limitation period (including any limitation period under the Statute of Limitations 1957) in relation to...

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

Alan Shatter: I move amendment No. 86:In page 43, line 12, to delete "delay—" and substitute "delay and, in any event, within 3 months—".The purpose of this amendment is to make clear that the information is to be removed from the register of debt relief notices within three months of the discharge of the debtor from his or her debt. I take this opportunity to inform Members that we intend to...

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

Alan Shatter: I thank Deputy Mac Lochlainn for raising this point. There is substantial merit in this proposal and it would appear sensible to add this provision in regard to approved intermediaries. I am advised by the Parliamentary Counsel that it would be prudent to await the final determination of the regulatory approach to personal insolvency practitioners which may lead to further adjustment of...

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

Alan Shatter: I move amendment No. 88:In page 48, line 8, to delete "prepare" and substitute "complete".This is a technical drafting amendment to improve the language of the Bill. I assume the Deputies are happy that we make it.

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

Alan Shatter: I move amendment No. 88a:In page 48, lines 17 and 18, to delete all words from and including "and" in line 17, down to and including "be," in line 18.

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

Alan Shatter: I move amendment No. 89:In page 48, line 33, to delete "6 years" and substitute "5 years".This amendment corrects an error in the text. The reference to a six year "look forward" period in relation to a personal insolvency arrangement is incorrect. It should be a reference to five years rather than six years.

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

Alan Shatter: It is not clear from the Deputy's amendment whether it is "and ordinarily resident" or "or ordinarily resident" which is intended to be added to the text in section 53. In either case the amendment is not desirable. The current text of the provision deals with ordinary residents in the next paragraph. I am advised one cannot state that "domicile" encompasses "ordinarily resident" as it...

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

Alan Shatter: The problem is one would need to be both domiciled and ordinarily resident whereas by being ordinarily resident, one can invoke the measures. I can be ordinarily resident in Ireland and have a domicile in France. I could have come here to live for a few years and be ordinarily resident here, but it is my ultimate intention to return to France which is my domicile of origin. If the words...

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

Alan Shatter: I move amendment No. 92:In page 49, to delete lines 18 to 24 and substitute the following:"(d) that the personal insolvency practitioner has completed a statement under section 50 in respect of the debtor;".

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

Alan Shatter: I move amendment No. 93:In page 50, to delete lines 8 to 15.

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