Results 7,981-8,000 of 19,162 for speaker:Alan Shatter

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. 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. 52 is consequential on amendment No. 60, which will delete section 78. This section provided for the process of termination of a debt settlement arrangement by a meeting of creditors on foot essentially of a material change in the debtor's circumstances in the opinion of the personal insolvency practitioner or that the debtor participated knowing that he did not fulfil the...

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

Alan Shatter: Amendment No. 52a on the supplementary list clarified the voting rights exercisable by a creditor at a meeting of creditors to approve a debt settlement arrangement that they are in proportion to the amount rather than the value of the debt due to the creditor on the day the protective certificate is issued. This is a better expression of the likely situation. Amendment No. 105a replaces...

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

Alan Shatter: Amendment No. 53 replaces the text of the current section 73 in respect of the consideration by a court in the insolvency service in regard to the eligibility criteria on the coming into effect of a debt settlement arrangement with clearer text to improve the comprehension of the section. Amendment No. 106 replaces the current section 111, concerning the coming into effect of a personal...

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. 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: Amendments Nos. 64 and 120 provide for a clear expression of what constitutes a period of arrears for the purposes of an application to the court by a creditor or personal insolvency practitioner for termination of a debt settlement arrangement or personal insolvency arrangement on the grounds that the debtor is in arrears with his or her payments for at least three months. The purpose of...

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

Alan Shatter: Amendment No. 65 is a drafting amendment and has been recommended by the Parliamentary Counsel to improve the text. It will ensure that the debtor will also be given notice by the personal insolvency practitioner of the termination of a personal insolvency arrangement due to a six-month arrears default. The purpose of amendment No. 97a is to improve the clarity of section 101 which outlines...

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

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

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

Alan Shatter: I am withdrawing Report Stage amendments Nos. 149 to 152, inclusive, already furnished to the Bills Office. Amendment No. 66 proposes the deletion of section 82 which provides that terminated debt settlement arrangements under sections 78, 79 or 80 are to be deemed acts of bankruptcy. These are now listed in amendment No. 135 which inserts them into the appropriate section in the 1988...