Results 7,941-7,960 of 19,162 for speaker:Alan Shatter

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendments Nos. 57 and 110 are technical drafting amendments to clarify the references to default by the debtor in sections 76 and 130.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: These are technical drafting amendments to improve the presentation of the Bill.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendments Nos. 61 and 67 are technical drafting amendments to insert necessary cross-references to sections 79 and 84. Amendment No. 62 clarifies the context of the court's consideration for the application of termination of a debt settlement arrangement and at what point in time the eligibility criteria were not met. Amendment No. 63 is a technical drafting amendment to improve the...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 30 is a drafting amendment to extend the reference to section 25 and a statutory declaration to that made by the debtor. Amendment No. 31 replaces the text inserted by Amendment No. 17 on Committee Stage and is to correctly refer to a "permitted debt" in subparagraph (iii). It is recommended by Parliamentary Counsel. Amendment No. 38 is essentially a drafting amendment to...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: I was ahead of myself and overcome with excitement dealing with the jewellery matter and now the Senator is ahead of himself with regard to this amendment.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendments No. 32 and 33 are technical drafting amendments to improve the presentation of the Bill and are recommended by Parliamentary Counsel.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 34 is a drafting change recommended by Parliamentary Counsel to improve the text of the relevant subsections of section 33 which Amendment No. 21 inserted on Committee Stage.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 39 is a technical drafting amendment to further refine the text to include reference to the provision of the advice in writing. The purpose of amendment No. 43 is to make clear that where the advice of a personal insolvency practitioner under section 48(1) is that the debtor should not make a proposal for, or enter into, an arrangement, the personal insolvency practitioner is...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 48 replaces the current subsections (1) to (3) of section 57 to better clarify the effect of the issuance of a protective certificate in a debt settlement arrangement. Subsection (1) is now made subject additionally to the provisions of subsections (5) and (8). Amendment No. 49 is linked to the previous amendment and inserts new subsection (8) to the effect that a secured debt...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 20 is designed to recast and improve the new section 23 inserted by amendment No. 5 on Committee Stage taking account of matters raised by Senators during the course of the debate. The title and text of the section have been expanded to include the term "reasonable standard of living". In her contribution on Committee Stage, Senator Zappone suggested that perhaps the...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: These amendments speak for themselves and I presume the Senators will welcome them. Senators will recall we had much excitement about ceremonial jewellery and other items, and we have provided for an increased value in this matter. We had lengthy discussions in the other Chamber and here on up to what value of motor vehicles should be excluded. I have been persuaded by Deputies and...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: I should point out that jewellery is a personal item and does not have to have a ceremonial context.

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 29 replaces amendment No. 15 made on Committee Stage in response to suggestions by Senators that the various notification and reporting requirements with regard to an approved intermediary dying or becoming otherwise incapacitated should be better clarified. The Parliamentary Counsel has now provided an updated text to do so. Amendment No. 29a on the supplemental list is...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 9 arises following further consideration of the organisational approach to the insolvency service. I am advised that the provisions of sections (2)(b) and (c) are not necessary for the purposes of the operation of the insolvency service as it will not be owning or holding property in its own name - the OPW will make the necessary office accommodation available - and should be...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 16 seeks to replace the existing section 15 of the Bill with new text. The proposed new text retains the requirement for the insolvency service to submit its business plans to the Minister for approval every year. However, it removes the current requirement in the Bill for the business plans to be laid before the Houses of the Oireachtas. Having reviewed the matter, I believe...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: This is the provision requiring that the business plan be submitted to the Minister with a statement of its estimate of the income and expenditure relating to the plan that is consistent with the moneys estimated to be available to the service for the period during which the business plan relates. Clearly if there is a business plan is presented, the funding for the insolvency service would...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: If the Oireachtas Joint Committee on Justice, Defence and Equality requested the director of the insolvency service to make a presentation on a particular issue or to explain how the service is working, it would be extraordinary if he did not appear and comply with that request. Clearly it would be inappropriate for members of the committee to raise questions on one identified individual's...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: The legislation clearly provides for the director of the insolvency agency, if requested by the Oireachtas Joint Committee on Justice, Defence and Equality, to come and discuss an issue but not, as I keep stating, an issue relating to a particular individual who may have a personal insolvency arrangement. A member of the committee could not discuss an individual, but could discuss policy and...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: Amendment No. 3 is a technical drafting amendment which inserts the necessary definition of "insolvency arrangement" in the Bill. The proposed definition arises as a consequence of the amendments concerning transactions at undervalue where this terminology is used. Amendment No. 127 arises as a consequence of amendment No. 3. It removes the interpretation provision in section 128(7)...

Seanad: Personal Insolvency Bill 2012: Report and Final Stages (11 Dec 2012)

Alan Shatter: These amendments essentially relate to the new provisions in the Bill in regard to the treatment of pensions in the new and reformed insolvency processes. Amendment No. 4 provides for definitions in regard to relevant pension arrangements for the new debt resolution processes in bankruptcy. The definition is a prerequisite in regard to further amendments to the Bill providing that a pension...