Results 7,701-7,720 of 19,162 for speaker:Alan Shatter

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: 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: 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 seek to improve the provisions of the Bill relating to the effect of a protective certificate or the approval of a debt settlement arrangement or a personal insolvency arrangement. Amendments Nos. 68 and 123 refine the text of sections 57 and 92 to better clarify the effect of the issue of a protective certificate in a debt settlement arrangement or a personal insolvency...

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

Alan Shatter: This group of amendments deals with procedures for creditors’ meetings relating to proposals for a debt settlement arrangement or personal insolvency arrangement, court approval of a debt settlement arrangement or personal insolvency arrangement, and also with procedures for variation of such arrangements. Amendment No. 83 provides for a more specific reference to the documents...

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 provide for situations where an approved intermediary or personal insolvency practitioner resigns or becomes unable to act, and a replacement intermediary or practitioner is appointed. Amendment No. 40improves the text of the provisions of section 25 dealing with situations where an approved intermediary resigns or otherwise becomes unavailable to continue acting as such for...

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

Alan Shatter: These amendments address matters relating to an application for a protective certificate in the debt settlement arrangement and personal insolvency arrangement processes. Amendment No. 56 substitutes the existing text of section 46(1) with new text regarding the information which the debtor is required to provide to the personal insolvency practitioner about his or her financial affairs. It...

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

Alan Shatter: I did not say that I regarded a car as a luxury. I merely observed that the view is taken in other jurisdictions that where a person is in serious debt and that debt is to be written off, it is not reasonable that the individual should continue to run a car. It is not merely the question of excluding the car as an asset of value; consideration is also given to all of the inherent expenses...

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

Alan Shatter: It is the reality. In the context of insolvency legislation in Northern Ireland, there was no issue for Sinn Féin in fixing a threshold of £1,000 on the value of a vehicle which can be exempted from the asset base for the purpose of determining whether an individual will qualify for a debt resolution mechanism similar to our debt relief notice.

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

Alan Shatter: We are providing greater relief in the Republic for individuals who are in debt. In any case, no matter what figure I put on it, the Deputy would seek to cap it. In regard to the jewellery issue, it was like pulling teeth when I asked Deputies opposite to indicate what value they had in mind. To use a good old Yiddish-American term, everybody looked at me and stayed schtum for quite a...

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

Alan Shatter: When the tooth was finally loosened and a member of the Opposition suggested a figure of €500, there was furious nodding in my direction from that side of the House.

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

Alan Shatter: There was not a single dissenter. Even Deputy Michael Healy-Rae did not dissent because he did not have a figure in mind himself. I made my misgivings regarding this provision clear when we discussed it on Committee Stage. As I recall, I pointed out both in this and the other House that in practice, in the 30 or so instances of bankruptcy that are decided in this country every year,...

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

Alan Shatter: I wish the Deputy would not be always so personal. It is not necessary to get a headline to be either abusive or personal. He, however, cannot resist taking that approach every time he comes into the House.

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

Alan Shatter: The Deputy cannot resist such outbursts because they might get him a headline.

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

Alan Shatter: It is unfortunate that we were having a serious debate in this House until Deputy Healy-Rae decided to pop up to address the jewellery issue. He has made no contribution of any description to the rest of the legislation.

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

Alan Shatter: Nor has he contributed to any of the serious engagement which resulted in major amendments to the Bill. It is unfortunate that it is this particular issue, as opposed to the very substantial measures that are designed to be of genuine assistance to persons in debt, which catches a headline . Returning to the car valuation, in the context of this issue not being addressed in certain...