Results 11,441-11,460 of 19,162 for speaker:Alan Shatter

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

Alan Shatter: This group of amendments deals with the treatment of preferential debts in the debt settlement arrangement and personal insolvency arrangement processes. Amendments Nos. 78 and 130 are technical amendments to sections 61 and 96, to insert cross-references to the sections dealing with a preferential debt and debt settlement arrangement or a personal insolvency arrangement. Amendment No. 80...

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

Alan Shatter: These amendments deal with situations where a creditor or personal insolvency practitioner wishes to challenge the coming into effect of a debt settlement arrangement or personal insolvency arrangement or to have such an arrangement terminated in accordance with the Bill. Amendments Nos. 101 and 108aretechnical drafting amendment to insert necessary cross references into sections 79 and...

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

Alan Shatter: Amendment No. 107 proposes the deletion of section 82 which provides that a terminated debt settlement arrangement under sections 78, 79 or 80 are to be deemed acts of bankruptcy. These are now listed in amendment No. 186 which inserts them in to the appropriate section in the Bankruptcy Act 1988. Amendment No. 185 inserts a definition of “trustee" for the purpose of interpretation....

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

Alan Shatter: This group of amendments deals with the review of the Bill after its enactment. Amendment No. 115 which proposes the deletion of section 85, is consequential on the new review section inserted by Amendment No. 135a. Amendment No. 184 revises the original review provision in regard to the operation of the Bill. That review, which will now encompass the three new debt resolution processes in...

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

Alan Shatter: These amendments deal with Chapter 5, Part 3, which provides for offences under the Bill. The purpose of Seanad amendment No. 165 is to provide that section 122, which deals with breaches of a debtor's obligations under a debt relief notice will be broadened to also cover breach of obligations under a debt settlement or a personal insolvency arrangement. Seanad amendments Nos. 166 and 168...

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

Alan Shatter: I should point out that under Seanad amendment No. 192, Seanad amendment No. 167 is dealt with later in the text. It is important to note that, although we did not speak to that issue. That is a correction of Seanad amendment No. 192. Apparently there is a semicolon out of place and we are anxious to ensure the semicolon is in the appropriate place.

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

Alan Shatter: I thank Deputy Donnelly both for raising this issue and for his constructive contribution throughout to this legislation. I am anxious to ensure there is no misunderstanding about Seanad amendment No. 200. I hope to avoid creating too much boredom in the Chamber but I will repeat something I stated previously and appreciate the Deputy giving me the opportunity to do so. Of course, I have...

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

Alan Shatter: I wish to briefly point out to Deputy Donnelly one issue which he has missed, which is that the debtor will not in these circumstances be walking into the bank faced by the bank's lawyers and bank manager pointing out the section, because the personal insolvency practitioner will be the expert and intermediary and will be able to, when speaking to the creditors, deal with any threats that...

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

Alan Shatter: These amendments deal with the new Part 5, which makes provision for the regulation, supervision and discipline of personal insolvency practitioners. The insolvency service will be responsible for the direct regulation of personal insolvency practitioners. We will not impose any particular restrictions as to the types of professions of persons who will be licensed to perform this function....

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

Alan Shatter: I did not think we had reached amendment No. 202 yet.

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

Alan Shatter: The Deputies opposite must have nodded it through for me. I was anxious to place on record the background to the provisions but I will be happy, if need be, to proceed to amendment No. 213. Chapter 2, comprising sections 158 to 160, sets out a number of general obligations that will apply to personal insolvency practitioners. Amendment No. 213 proposes the insertion of section 158. This...

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

Alan Shatter: Chapter 4, comprising sections 164 to 174, provides for a comprehensive system of complaints and investigations where improper conduct by a personal insolvency practitioner is alleged and for the imposition of appropriate sanctions. Amendment No. 219 proposes the insertion of section 164 which empowers the director of the insolvency service to appoint members of the staff of the service or...

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

Alan Shatter: I am about to conclude. Amendment No. 243 proposes the insertion of a new Schedule 2, which sets out the provisions applicable to oral hearings conducted in accordance with sections 169 and 170. Amendment No. 244 proposes to insert a new Schedule 3 to make detailed provision for the establishment and membership of the complaints panel and complaints committee. The complaints panel must...

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

Alan Shatter: It is envisaged under the Bill that the initial specialist judges will come from the existing cohort of county registrars, who will be entitled to make applications to be appointed as specialist judges to the JAAB. The board will be asked to recommend county registrars to fill the posts initially. It is envisaged that up to eight appointments will be made initially. It may be that we will...

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: We have very well qualified county registrars around the country. A number of them have made the case that they do not have enough work to do, which is interesting in the context of the work and the extensive powers that they have. It is not envisaged that, in the short term, this will require the appointment of replacement county registrars. It is envisaged in the short term that some of...

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

Alan Shatter: Before we conclude, there are some typographical errors to which I need to draw the attention of the House for completeness. I ask that the House note some slight typographical corrections to the amendments made by the Seanad in the case of the following points. I have referred to them in passing as we have gone through them, but it is important to ensure that, when the Bill is published,...

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

Alan Shatter: I thank Members on all sides of the House for their very constructive engagement, which has contributed meaningfully to the development of the legislation. I thank the members of the Joint Committee on Justice, Defence Equality and its Chairman, Deputy David Stanton, for their careful deliberation on the heads of the Bill, which likewise was of substantial benefit in its development. I also...

Written Answers — Department of Justice and Equality: Garda Recruitment (19 Dec 2012)

Alan Shatter: The present strength of An Garda Síochána is approximately 13,400 which is a strength similar to that during 2007. While the moratorium continues to apply to the Garda Síochána, the question of when recruitment to the Garda Síochána should resume will be kept under continuing review in the context of retirements and the availability of resources. I will remain...

Written Answers — Department of Justice and Equality: Naturalisation Applications (19 Dec 2012)

Alan Shatter: Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. Section 15 of the Irish Nationality and Citizenship Act 1956, as amended, provides that the Minister may, in his absolute discretion, grant an...