Results 13,641-13,660 of 19,162 for speaker:Alan Shatter

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: To some extent they overlap.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I will answer Deputy Collins's query by saying that it is a personal view that non-recourse mortgage should at least be an offering.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I will take each amendment as it arose. On proposed amendments Nos. 4, 5 and 10, I consider these requirements already to be adequately covered in section 2(3), which provides that the court "shall have regard to such matters as it considers appropriate". The Deputies might note this point in particular because the provision continues by stating "and in particular shall have regard to the...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: They are not exclusive.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I will deal with the amendments in reverse order. The amendment Deputy Mac Lochlainn tabled is quite simple. The proposed section 3(a) is covered effectively in 2(3)(d) in regard to the conduct of a party to the mortgage in any attempt to find a resolution to deal with the matter. Regarding the proposed section 3(c), there is not an appeals system for a rejected personal insolvency...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: A personal insolvency arrangement shall not require that the debtor dispose of his or her interests in the debtor’s principal private residence or cease to occupy such residence, lest the provisions of section 104(3) apply. If one takes the first principle, which involves a rental property, a family home and a proposal for a PIA, one will have to work out a proposal where it is a...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: They are being taken together.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I cannot add to what I have said other than that Deputy Donnelly has misunderstood. I do not want to open this unnecessarily because the purpose of the adjournment is to allow people to see if they can enter a PIA. If there has been a process that has not worked, unless there is something about that process, people are unlikely to revisit it. If there is something about that process that...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I move amendment No. 6: In page 5, between lines 1 and 2, to insert the following:“(5) Where the court adjourns proceedings under this section, the court may, where it considers it appropriate to do so, direct that the proceedings stand adjourned to another venue within the same circuit of the Circuit Court.”.I have tabled this amendment to address a possible shortcoming in the...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I thank Deputy Mac Lochlainn for tabling this amendment. This was an issue on which we had some exchanges on Second Stage. I fully appreciate the intention behind the amendment. All repossession cases relating to housing loan mortgages created after 1 December 2009 must, under section 101(4) of the Land and Conveyancing Law Reform Act 2009, be commenced in the Circuit Court. There is a...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: We are agreed on the objective. We just want to do it the correct way.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: The purpose of section 2 is to provide that the court may adjourn proceedings to allow personal insolvency arrangements to be considered where none had been attempted. It is not intended to deal with the outcomes of repossession hearings, which is an entirely different issue. Amendment No. 11 refers to situations where there are tenancy agreements in place and seeks to invest the court with...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: In amendment No. 13, Deputy Mac Lochlainn is effectively turning all mortgages into non-recourse mortgages. I made the point that this could produce strategic default. When people entered into the mortgages they were not non-recourse mortgages. One cannot, through legislation, turn every mortgage in the State into a non-recourse mortgage. That is the implication of what the Deputy is...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I move amendment No. 15: In page 5, line 20, to delete “the Minister” and substitute “the Minister for Justice and Equality”.This is a technical amendment to ensure the commencement provision in section 3 can be exercised by the Minister for Justice and Equality.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I thought we were just dealing with section 2. Am I right or wrong in that?

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: May I make one comment on section 2 as I wish to bring the following to the attention of members? In relation to section 2, it has been brought to my attention in recent days that it may be necessary on Report Stage to amend section 2(1) to supplement the reference to the Family Home Protection Act 1976 with a reference to the Civil Partnershipand Certain Rights and Obligations of...

Written Answers — Department of Justice and Equality: Common Travel Area (23 May 2013)

Alan Shatter: As the Deputy no doubt will appreciate, it would be futile to speculate on what might happen across a huge range of areas and activities between Ireland and the UK should the UK exit the EU. Quite clearly the existence of the Common Travel Area is of the most profound importance in the conduct of trade, business and travel for citizens of both jurisdictions. Any action that would jeopardise...

Written Answers — Department of Justice and Equality: Personal Insolvency Act (23 May 2013)

Alan Shatter: I refer the Deputy to my reply to Parliamentary Question 278 on 7th May, 2013. The position remains as stated. Reply to Parliamentary Question 278 of 7th May, 2013. The Personal Insolvency Act 2012 does not require that a person's employment be affected by entering into an insolvency arrangement. However, certain professions may be governed by bodies where personal finances may be subject...

Written Answers — Department of Justice and Equality: Services for People with Disabilities (23 May 2013)

Alan Shatter: As the Deputy will be aware the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions, and the conduct of any case is a matter entirely for the presiding judge. I can inform the Deputy that relevant Rules of the District Court, Circuit Court and Superior Courts (SI Numbers 99/2013, 100/2013 and 101/2013) came into effect on 8 April...

Written Answers — Department of Justice and Equality: Garda Operations (23 May 2013)

Alan Shatter: I propose to take Questions Nos. 147 and 148 together. In the course of my statement in this House on 21 May, I made it perfectly clear that there is no suggestion of my being routinely provided with information on members of the Oireachtas. I gave the House a solemn assurance that I am not in the business of receiving, seeking or maintaining confidential, sensitive information from An...