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Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: Again, I want to thank Senator van Turnhout for raising this matter. It is one on which, in principle, we are all agreed. The issue is how we address it appropriately. On Committee Stage, I said we should deal with it as speedily as possible. I did point out that the issue is complex and requires careful consideration to ensure any proposal in this area correctly balances the...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: I thank the House for its co-operation on this Bill which has grown as we have brought it through the House. It started off as a relatively modest courts Bill. In the context of the myriad issues that I am anxious we address and the reforms that I want to see implemented, it has proved, because having published it we let it sit for some time to give different groups and individuals an...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: I diplomatically did not mention that issue.

Seanad: Criminal Law (Human Trafficking) (Amendment) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (2 Jul 2013)

Alan Shatter: I thank the Acting Chairman. The main purpose of amendment No. 1 which I hope will be welcomed is to extend, for human trafficking offences, existing rules that make it easier for children to give evidence in criminal prosecutions. Article 15.4 of the EU human trafficking directive provides that member states shall take the necessary measures to ensure that in criminal prosecutions of human...

Seanad: Criminal Law (Human Trafficking) (Amendment) Bill 2013: [Seanad Bill amended by the Dáil] Report and Final Stages (2 Jul 2013)

Alan Shatter: I thank Senators for their supportive comments. This is a small but very important change in our law. It is about the protection of children. I agree with all Senators that we must address the issue of trafficking as effectively as we can. It is not an issue that can be addressed by any State on its own. It is important to have the maximum amount of co-operation at European level and the...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: The amendment was recommended by the Office of the Parliamentary Counsel, which has advised that this technical amendment should be made to the Long Title for consistency with section 22.

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: The Office of the Parliamentary Counsel has advised these technical drafting amendments to section 4 are necessary to improve the clarity of the section.

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: I thank the Senators for proposing the amendment. I deliberate in a deliberate and focused manner and was conscious of this issue. We might be dealing with this Stage at some speed, but obviously these are issues that were given consideration during the drafting of the various provisions of the Bill. I agree that there must be very careful rules regarding the publishing of material about...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: The Office of the Parliamentary Counsel has advised that these technical drafting amendments are necessary to improve the clarity of section 23.

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: This amendment inserts the definition of "Director" in section 3 of the Bankruptcy Act 1988 into the Bill. The definition is necessary for the interpretation of the Act, given the transfer of responsibility for the office of the official assignee in bankruptcy to the Insolvency Service of Ireland. Amendment No. 10 corrects an error in the text. Amendment No. 11 makes clear that all...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: Section 6 of the Personal Insolvency Act 2012 provided for the repeal of sections 87 to 109 of the Bankruptcy Act 1988, which had the effect of abolishing arrangements in bankruptcy. The rationale for this was that the new debt resolution mechanisms in the 2012 Act, in particular the personal insolvency arrangement mechanism, will offer debtors the possibility of arranging a repayment plan...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: Amendment No. 16 inserts a new section to amend section 37 of the Personal Insolvency Act 2012, which relates to payments by a debtor who is the subject of a debt relief notice. It seeks to improve on the current text of the 2012 Act to make clearer what happens when a specified debtor's payment or payments under section 36(2) or 36(3) or section 37 amount to 50% or more of the specified...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: These amendments relate to the verification of matters with which an appropriate court must be satisfied before it can approve a debt settlement arrangement or a personal insolvency arrangement. Amendments Nos. 17 to 20, inclusive, are mainly technical. They propose to improve on the existing construction of sections 71, 75, 76 and 78 of the 2012 Act to make clearer how a court is to...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: Again, I want to thank Senator van Turnhout for raising this matter. It is one on which, in principle, we are all agreed. The issue is how we address it appropriately. On Committee Stage, I said we should deal with it as speedily as possible. I did point out that the issue is complex and requires careful consideration to ensure any proposal in this area correctly balances the...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: I thank the House for its co-operation on this Bill which has grown as we have brought it through the House. It started off as a relatively modest courts Bill. In the context of the myriad issues that I am anxious we address and the reforms that I want to see implemented, it has proved, because having published it we let it sit for some time to give different groups and individuals an...

Seanad: Courts and Civil Law (Miscellaneous Provisions) Bill 2013: Report and Final Stages (2 Jul 2013)

Alan Shatter: I diplomatically did not mention that issue.

Order of Business (3 Jul 2013)

Alan Shatter: They are Fianna Fáil's victims.

Land and Conveyancing Law Reform Bill 2013: Report and Final Stages (3 Jul 2013)

Alan Shatter: I move amendment No. 2:In page 4, to delete lines 3 to 5 and substitute the following: "2. (1) This section applies to land which is the principal private residence of--(a) the mortgagor of the land concerned, or (b) a person without whose consent a conveyance of that land would be void by reason of--(i) the Family Home Protection Act 1976, or (ii) the Civil Partnership and Certain Rights...

Land and Conveyancing Law Reform Bill 2013: Report and Final Stages (3 Jul 2013)

Alan Shatter: As I have previously stated, the intention behind section 2 is to provide that a court may, of its own motion or on request, adjourn proceedings to allow a personal insolvency arrangement to be considered where, for example, none had previously been attempted, as with the requirement in bankruptcy petitions. The purpose is to make an appropriate link with the insolvency provisions contained...

Land and Conveyancing Law Reform Bill 2013: Report and Final Stages (3 Jul 2013)

Alan Shatter: I move amendment No. 4:In page 4, line 7, to delete “in a case to which this section applies” and substitute “and which land is land to which this section applies”.

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