Results 8,321-8,340 of 19,162 for speaker:Alan Shatter

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: I thank Senators for being so welcoming.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: I will try to dissuade the Senator. I know the amendment is well intended but I am not sure of its relevance in these circumstances. For example, I am not sure what effect the proposed additional qualification with regard to the market value of an asset or the deletion of "irrespective" in dealing with a mortgage or charge is designed to achieve in the context of a debt relief notice. I...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: We will have something on Report Stage.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: I thank the Senators for their contributions. I have great respect for the work the free legal advice centres have done in this area, and their commentary on it. I suppose I should make a declaration of interest in that many years ago I was a director of a free legal advice centre. I was chairman of the free legal advice centres and, in their early days, I was engaged in much of the...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: This amendment makes clear that the debt relief notice process concludes when the debtor's application for debt relief notice is withdrawn, deemed to be withdrawn or refused in accordance with this chapter, or when the debt relief notice issued in respect of that debtor ceases to have effect in accordance with this chapter. The text as presented in the Bill is not sufficiently clear and...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: I will respond briefly. If the figure of ¤60 per month for disposable income is to be changed, it will be done by regulation. There is a little confusion in the context of this issue. The ¤60 is ¤60 that is left after one has the money required for reasonable living expenses. I admit it is a monthly sum. In the context of the legislation - I am not comfortable using this language...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: I thank the Senators for their thoughtful contributions on this important issue. I will comment first on what Senator Hayden said. Reasonable expenses in this context should not be, and it is not intended to be, simply the social welfare rate to which somebody might be entitled. Somebody who enters into a debt settlement or personal insolvency arrangement will be an individual who has some...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: What about modalities?

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: In a sense this is an empowering provision. In some circumstances it may be appropriate to charge fees. It would defeat the purpose of the legislation if individuals in major financial difficulty could not access it because there was a fee structure which created a barrier. There is no intention of any description that matters will develop that way. Although all Ministers are transient in...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: All of these amendments relate to the issue of reasonable expenses. Amendment No. 6 empowers the insolvency service to draw up guidelines in regard to reasonable living expenses for debtors. These guidelines are referenced in sections 24, 60(4), 95(4) and 85D, as inserted by section 146 of the Bankruptcy Act 1988, and will be required for the information of all concerned in the new...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: We are dealing with personal insolvency practitioners in this amendment, which would enable us to get to Part 5. I thank Senator Byrne for bringing us back to the issue we should be addressing today. When we reach an amendment, Members will get the script I have, which should be of assistance as we go through the Bill. That is unusual but we will do the same when we get to a large...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: A decision was made that there was no purpose or need to create a board and we are trying to avoid creating unnecessary quangos and expense for the general public. The insolvency service will have a series of discrete functions delineated in the Bill. It is also important that there is a degree of transparency in the actions of the service. As Senators look through the Bill, they can see...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: I was about to respond to comments on the amendment when the debate adjourned. If the Senators bear with me, I wish to ensure I refer to the correct amendment. My recollection is that we dealt with most of the issues. Senator Daly raised an issue related to consultations with banks and there was some sort of strange and odd implication that the banks were prescribing this legislation. Let...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: The reality is that the Government has had concerns. Whereas it is fair to acknowledge that banks engaged in substantial debt forbearance for many individuals, particularly in the home loans area, in recent years - the statistics show that there are more than 80,000 individuals who, over the past four years, have been in areas of debt forbearance for periods of time if not continuously, in...

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: -----points against one another. What I want to do today is-----

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: -----work our way through-----

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: ----the substance of the Bill.

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: If some Fianna Fáil Senators, and one in particular,-----

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: -----want to engage in some foolish political exercise in the context of-----

Seanad: Personal Insolvency Bill 2012: Committee Stage (Resumed) (30 Nov 2012)

Alan Shatter: -----massive legislation that his own party in government-----