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Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: In accordance with Standing Order No. 136, I wish to direct the Clerk to make a number of minor drafting corrections to the text of the Bill. They are corrections of a verbal or formal nature which are being made in the interests of textual clarity and do not result in any change to the substantive meaning of that text. The changes are as follows: in page 3 of the Bill, line 26, to delete...

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: No; it concerns different lines in the Bill.

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I would say that they were actually notified to the Bills Office.

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: We can make copies available.

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I can clarify.

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: Amendment No. 1 seeks to delete text from an amendment to section 91 of the principal Act. The effect of the Senators' amendment is to remove the reference in the principal Act to co-operation with the MARP before a borrower makes a proposal for a personal insolvency arrangement. I thank the Senators for their amendment but I cannot accept it. Under the existing section 91(1), a borrower...

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I can confirm that.

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: Amendment No. 2 seeks to delete subsection 21(18) of the Bill, which defines "relevant debt" for the purpose of a court review. The effect of the Senators' amendment is to remove the definition of the type of debt that may be the subject of an application for the new court review. I thank the Senators for their amendment, but I cannot accept it. First, this amendment risks creating legal...

Seanad: Personal Insolvency (Amendment) Bill 2014: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I thank the Senator for his contribution. I am advised that the review is limited to arrears before January 2015 or restructures of such arrears to prevent negative implications for new mortgage lending. Extending the new review to arrears built up from this year onwards would risk increasing mortgage interest rates on new lending, something we are determined to avoid.

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I will stick to my speaking note even though I am very tempted to move off script. I understand that the Senators are opposing this section. I can understand that they are ideologically opposed to the provisions of the Bill which deal with attachment of earnings and deductions from social welfare payments. In any event, I will briefly outline the purpose of section 1. Section 1 is the...

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I note that the Senators are also opposed to section 2. Section 2 is a standard provision relating to the making of regulations under this Bill when enacted. The Minister for Justice and Equality will be making a commencement order under the provisions of section 27. Under section 7(4) the Minister for Social Protection may by regulations prescribe the verifying certificate. In sections...

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: Yes. I understand that the Senators are opposed to the section which deals with the statement of the debtor’s means. I appreciate that they are trying to be as constructive as possible. Section 7 sets out the requirements in relation to the information to be provided to the court by the judgment debtor on his or her financial circumstances. In order for the court to establish the...

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: Section 9 provides that an attachment of earnings order and a deduction from social welfare payments order cannot be run concurrently in respect of the same judgment debt. In the event that a debtor is in receipt of a social welfare payment and earnings, the court can only make an order in respect of one income stream.

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: Before I deal with section 10, I understand that a Clerk's correction is required under Standing Order 136. On page 12, line nine of the Bill, paragraph (f) of section 10(6) as it stands contains an incorrect cross-reference to paragraph (c). It should, of course, be paragraph (d), so I would be grateful if this typographical error could be corrected by the Clerk. Amendment No. 1 seeks...

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: While I appreciate the Senators are coming at this from the point of view of being constructive, we will have to agree to disagree.

Seanad: Civil Debt (Procedures) Bill 2015: Committee and Remaining Stages (20 Jul 2015)

Aodhán Ó Ríordáin: I appreciate the motivation of Senators in tabling the amendments. It is fair enough, and these issues should be examined in detail when dealing with legislation of this nature. I have no difficulty with this whatever. The section deals with compliance with an attachment order. The employer is required to comply with the order but is not liable for non-compliance during the first ten...

Seanad: Civil Debt (Procedures) Bill 2015: Second Stage (17 Jul 2015)

Aodhán Ó Ríordáin: In my short time here, I have listened to contributions from both sides that have been constructive. I have also listened to much rhetoric on the issue in the Dáil. While I do not like being party political about it, rhetoric such as "bully tactics", "ruthlessness" and "intimidation" coming from Sinn Féin are galling in the extreme.

Seanad: Civil Debt (Procedures) Bill 2015: Second Stage (17 Jul 2015)

Aodhán Ó Ríordáin: Such accusations, coming from Sinn Féin in particular, are remarkable and do nothing to debate properly the issues at hand. The Senator should reflect on the choice of language that was provided for him, from wherever it came.

Seanad: Civil Debt (Procedures) Bill 2015: Second Stage (17 Jul 2015)

Aodhán Ó Ríordáin: I thank the Senators who decided to be constructive in their contributions. The Civil Debt (Procedures) Bill represents a balanced measure which provides creditors with improved enforcement mechanisms for modest debts and provides strong safeguards for debtors. The Bill abolishes imprisonment, an important point to stress and something I assume people would generally be in favour of, and...

Leaders’ Questions (16 Jul 2015)

Aodhán Ó Ríordáin: Sinn Féin would know about that.

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