Results 1,261-1,280 of 5,132 for speaker:Trevor Ó Clochartaigh

Seanad: Europol Bill 2012: Second Stage (29 Nov 2012)

Trevor Ó Clochartaigh: There are still a few Klingons hanging around.

Seanad: Europol Bill 2012: Second Stage (29 Nov 2012)

Trevor Ó Clochartaigh: Cuirim fáilte roimh an Aire Stáit. Cé go bhfuil imní orm faoin treo atá cúrsaí póilíneachta ag dul trasna na hEorpa beidh Sinn Féin ag tacú i bprionsabal leis an mBille seo, mar gheall ar an chaoi a bhfuil sé ag déileáil le cúrsaí riaracháin ó thaobh obair póilíneachta trasna na hEorpa. The Bill is mostly technical in nature and is intended to change the administrative...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 47: In page 44, subsection (5), line 10, after ?intermediaries? to insert the following:?and the withdrawal of authorisation of such persons?.This amendment is based on a suggestion made on Report Stage in the Dáil by our colleague Deputy Pádraig Mac Lochlainn. It proposes to take into consideration if someone who has been given the power to be an approved intermediary...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I welcome the Minister's response and am glad we are in agreement on the actual principle of this amendment. What he has suggested is fair and just.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 51: In page 49, subsection (1)(a)(i), line 16, after ?domiciled? to insert ?and ordinarily resident?.It is a small suggestion. This is to broaden the definition and what we are trying to achieve is self-evident. Someone could be domiciled in the country but not ordinarily resident. We are suggesting that if someone is to be considered for a debt settlement arrangement...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I thank the Minister and the Senator for their clarification. The Minister has taken on board the sentiment of what we are trying to do, namely, to ensure those who are ordinarily resident are covered as well. Since he has given us his assurance that he has-----

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I accept the Minister's clarification and on that basis we will withdraw the amendment.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 52: In page 49, subsection (1)(b), line 21, after ?insolvent? to insert the following:?, or clearly unable to pay his or her debts as they fall due and it is unlikely that he or she will do so for the duration of the payment plan, as certified by a Personal Insolvency Practitioner?.This amendment refers to the criteria of personal insolvency arrangements. The Bill...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I accept what the Minister is saying on amendment No. 52 but on amendment No. 75, he already gave an assurance to Deputy Mac Lochlainn in the Dáil that he would consider the point further with the Parliamentary Counsel. I note that his response to amendment No.75 is almost identical to the one given then. Has the Minister had an opportunity to discuss the amendment with the Parliamentary...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I accept the Minister's bona fides on this question and, in that context, will withdraw amendment No. 75 at this point but will reserve the right to reintroduce it on Report Stage. I wish to press amendment No. 52.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 75: In page 70, subsection (2), line 29, to delete ?may? and substitute ?shall?.In the context of the reply given on amendment No. 52 explaining that the Parliamentary Counsel was under huge pressure dealing with the amendments and that it would look at it again before Report Stage, we are willing to withdraw the amendment.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 91: In page 76, subsection (1)(a), line 47, to delete ?¤3,000,000? and substitute ?¤1,000,000?.I do not intend to press amendment No. 92. We will withdraw it when it is reached. Amendments Nos. 91 and 93 make the same basic point on the criteria for a personal insolvency arrangement. The current ceiling of ¤3 million is too high and the provision in question is...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: Perhaps a few bars of "Money, Money, Money" by ABBA would be pertinent. I thank the Minister for his overview. We would concur with him and appreciate that the aim of the legislation is that creditors who are owed money will secure as much of that money as possible in the process, and that the process is to try to avoid bankruptcy in as much as it can be avoided. I also note with great...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: We will take on board what the Minister has said in a very comprehensive answer and we will reconsider this before Report Stage. In the interim, we will withdraw both amendments, with leave to reintroduce them on Report Stage if we feel we want to do that.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I do not intend to move amendment No. 100.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 100: In page 87, lines 30 and 31, to delete subsection (3) and substitute the following:?(3) The Insolvency Service shall publish a code of practice providing guidance on the matters set out in subsection (2), as well as a rule that Personal Insolvency Practitioners will be paid from monies available for distribution to creditors once repayment proposals are accepted.?.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I echo the Senator's comment that we also welcome the note and will take on board what the Minister has said in it and will study it between now and Report Stage. In the interim I will withdraw amendment No. 100.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I move amendment No. 106: In page 90, between lines 29 and 30, to insert the following subsection: "(7) The lender will also be obliged to propose a solution to the borrower's problem.".This amendment is self-explanatory. It refers to the terms which a personal insolvency arrangement must include in relation to the secured debt. As we believe the lender should have made an effort to meet...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I appreciate where the Minister is coming from and the Minister is right that it is well intended. Many people are finding it difficult to get the banks to engage constructively in the debt settlement process. The essence of what we are trying to achieve is to encourage the banks to engage more actively. They engage to a certain extent but the solution is not always to the benefit of the...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (4 Dec 2012)

Trevor Ó Clochartaigh: I take on board what the Minister said. We have come a long way in our analysis of the banking sector in terms of from where we have come and where we are now, but we are trying to acknowledge a David and Goliath scenario where people who might be in difficulty with a mortgage are not in as strong a negotiating position as the bank. The repayments they have entered into with their banks...