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Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: The legislation envisages it as an annual review of what are reasonable expenses. The reality is it will be open to the insolvency service to consult as it deems appropriate and to consider a range of reports and publications that address this issue, as well as consulting with particular Departments. I do not expect it will be appropriate that on an annual basis the insolvency service will...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: I will deal with all this group of amendments, beginning with Seanad amendment No. 25. They provide for miscellaneous amendments to Chapter 1 of Part 3, which deals with the debt relief notice process. Seanad amendment No. 25 makes clear the debt relief notice process concludes when the debtor's application for debt relief notice is withdrawn, deemed to be withdrawn or refused or when the...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: Somebody suggested a figure of €500. We must remember that what we are doing under the debt relief notice is allowing an individual to have €20,000 of debt written off over a period on the basis that he or she has very limited means and is incapable of paying his or her debts. I remind Deputies again that the creditors may be the local shop which, to remain open, depends on...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: We are taking the amendments together. On the exempt motor vehicle, I believe a vehicle with a value of £1,000 is exempt under a similar debt mechanism in Northern Ireland. The relevant legislation was enacted in Northern Ireland in 2011 and Sinn Féin was part of the legislative process. We originally proposed a figure of €1,200 but I undertook to give consideration to...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: The order of the House was that all of these amendments would be taken together because they are interrelated. Obviously, Deputy Mac Lochlainn should be entitled to speak on the issue related to the value of the car. It may be helpful, therefore, to allow me to complete my contribution on this series of amendments because there is a connectivity between them all. They have been grouped for...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: Yes.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: I beg the Deputy's pardon.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: I did not say that I regarded a car as a luxury. I merely observed that the view is taken in other jurisdictions that where a person is in serious debt and that debt is to be written off, it is not reasonable that the individual should continue to run a car. It is not merely the question of excluding the car as an asset of value; consideration is also given to all of the inherent expenses...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: It is the reality. In the context of insolvency legislation in Northern Ireland, there was no issue for Sinn Féin in fixing a threshold of £1,000 on the value of a vehicle which can be exempted from the asset base for the purpose of determining whether an individual will qualify for a debt resolution mechanism similar to our debt relief notice.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: We are providing greater relief in the Republic for individuals who are in debt. In any case, no matter what figure I put on it, the Deputy would seek to cap it. In regard to the jewellery issue, it was like pulling teeth when I asked Deputies opposite to indicate what value they had in mind. To use a good old Yiddish-American term, everybody looked at me and stayed schtum for quite a...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: When the tooth was finally loosened and a member of the Opposition suggested a figure of €500, there was furious nodding in my direction from that side of the House.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: There was not a single dissenter. Even Deputy Michael Healy-Rae did not dissent because he did not have a figure in mind himself. I made my misgivings regarding this provision clear when we discussed it on Committee Stage. As I recall, I pointed out both in this and the other House that in practice, in the 30 or so instances of bankruptcy that are decided in this country every year,...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: I wish the Deputy would not be always so personal. It is not necessary to get a headline to be either abusive or personal. He, however, cannot resist taking that approach every time he comes into the House.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: The Deputy cannot resist such outbursts because they might get him a headline.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: It is unfortunate that we were having a serious debate in this House until Deputy Healy-Rae decided to pop up to address the jewellery issue. He has made no contribution of any description to the rest of the legislation.

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: Nor has he contributed to any of the serious engagement which resulted in major amendments to the Bill. It is unfortunate that it is this particular issue, as opposed to the very substantial measures that are designed to be of genuine assistance to persons in debt, which catches a headline . Returning to the car valuation, in the context of this issue not being addressed in certain...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: These amendments provide for situations where an approved intermediary or personal insolvency practitioner resigns or becomes unable to act, and a replacement intermediary or practitioner is appointed. Amendment No. 40improves the text of the provisions of section 25 dealing with situations where an approved intermediary resigns or otherwise becomes unavailable to continue acting as such for...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: These amendments address matters relating to an application for a protective certificate in the debt settlement arrangement and personal insolvency arrangement processes. Amendment No. 56 substitutes the existing text of section 46(1) with new text regarding the information which the debtor is required to provide to the personal insolvency practitioner about his or her financial affairs. It...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: These amendments seek to improve the provisions of the Bill relating to the effect of a protective certificate or the approval of a debt settlement arrangement or a personal insolvency arrangement. Amendments Nos. 68 and 123 refine the text of sections 57 and 92 to better clarify the effect of the issue of a protective certificate in a debt settlement arrangement or a personal insolvency...

Personal Insolvency Bill 2012: From the Seanad (Resumed) (19 Dec 2012)

Alan Shatter: This group of amendments deals with procedures for creditors’ meetings relating to proposals for a debt settlement arrangement or personal insolvency arrangement, court approval of a debt settlement arrangement or personal insolvency arrangement, and also with procedures for variation of such arrangements. Amendment No. 83 provides for a more specific reference to the documents...

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