Results 7,961-7,980 of 19,162 for speaker:Alan Shatter

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

Alan Shatter: This amendment, in regard to section 2(2)(b) as currently drafted, refers to section 157 of the Corporation Tax Act 1976 for the interpretation of "control". I am advised by the Parliamentary Counsel that this definition should be deleted.

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

Alan Shatter: Amendment No. 7 provides for definitions in regard to transactions at undervalue or the giving of a preference, such actions being designed to frustrate the legitimate interests of creditors. Amendment No. 22 is designed to refine the provisions in section 24 in regard to the conditions on the debtor applying for debt relief notice concerning any transactions he or she may have entered into...

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

Alan Shatter: Amendment No. 8 further refines the existing text inserted by amendment No. 96 on Committee Stage. It proposes to delete the current section 5(2) and (3) and replace them with a minor technical amendment to ensure consistency with other courts Acts. Subsection (3)(c) is being added to facilitate the designation of a particular court office within each circuit for the purposes of the Bill....

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

Alan Shatter: Amendments Nos. 1 and 5 are similar technical drafting amendments required to refine the text of the Bill. I am advised by the Parliamentary Counsel that the words "and apart" are not required in this context and should be deleted in both instances.

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

Alan Shatter: I apologise to the Senator. We have a deadline to complete the legislation. Tens of thousands of people see this as important to their lives and it is important that we complete passage of the legislation prior to the Christmas break. Some of the amendments are technical while I was asked by Members to make others and address issues that were raised. Because of the lateness of completion...

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

Alan Shatter: Amendment No. 2 inserts a definition of "electronic means". The definition is required as a result of the proposed new section 23 in amendment No. 21, which provides for the insolvency service to communicate via electronic means. Amendment No. 21 is designed to facilitate the processing of documents by the insolvency service and the Courts Service in regard to applications for the various...

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

Alan Shatter: Amendments Nos. 1 and 5 are similar technical drafting amendments required to refine the text of the Bill. I am advised by the Parliamentary Counsel that the words "and apart" are not required in this context and should be deleted in both instances.

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

Alan Shatter: I apologise to the Senator. We have a deadline to complete the legislation. Tens of thousands of people see this as important to their lives and it is important that we complete passage of the legislation prior to the Christmas break. Some of the amendments are technical while I was asked by Members to make others and address issues that were raised. Because of the lateness of completion...

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

Alan Shatter: Amendment No. 2 inserts a definition of "electronic means". The definition is required as a result of the proposed new section 23 in amendment No. 21, which provides for the insolvency service to communicate via electronic means. Amendment No. 21 is designed to facilitate the processing of documents by the insolvency service and the Courts Service in regard to applications for the various...

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...

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

Alan Shatter: This amendment, in regard to section 2(2)(b) as currently drafted, refers to section 157 of the Corporation Tax Act 1976 for the interpretation of "control". I am advised by the Parliamentary Counsel that this definition should be deleted.

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

Alan Shatter: Amendment No. 7 provides for definitions in regard to transactions at undervalue or the giving of a preference, such actions being designed to frustrate the legitimate interests of creditors. Amendment No. 22 is designed to refine the provisions in section 24 in regard to the conditions on the debtor applying for debt relief notice concerning any transactions he or she may have entered into...

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

Alan Shatter: Amendment No. 8 further refines the existing text inserted by amendment No. 96 on Committee Stage. It proposes to delete the current section 5(2) and (3) and replace them with a minor technical amendment to ensure consistency with other courts Acts. Subsection (3)(c) is being added to facilitate the designation of a particular court office within each circuit for the purposes of the Bill....

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. 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...