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

Alan Shatter: -----for the best part of 20 years was incapable of publishing, I would suggest to him that he should desist.

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, in 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: What I want to do today is work our way through the substance of the Bill.

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

Alan Shatter: If one Fianna Fáil Senator, in particular, wants to engage in some foolish political exercise in the context of massive legislation that his own party in government for the best part of 20 years was incapable of publishing, I suggest to him that he desist.

Seanad: Europol Bill 2012: Second Stage (29 Nov 2012)

Alan Shatter: I am pleased to present this Bill, which will enable Ireland to implement a decision by the Council of the European Union establishing the European Police Office, Europol, to the House. While Europol has existed since 1995, it did so on the basis of an EU convention, which has been subject to a number of amendments introduced through subsequent protocols. However, such legal instruments are...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: Does the Senator have any idea what he is talking about as regards section 9 and the banks? He has not a notion of what he is talking about.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: This section is about the regulation of the personal insolvency agency.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: I have answered the question in morbid detail.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: This is Government legislation, not the banks' legislation.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: I propose to add a new paragraph to section 9 to make provision for the functions of the insolvency service under the new Part 5, to authorise individuals to carry on practice as personal insolvency practitioners, to supervise and regulate personal insolvency practitioners, and to perform other functions assigned to the service under that Part which includes the investigation of alleged...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: I would like to reply briefly to both Senators, starting with Senator Hayden. There are detailed provisions on PIPs that we are putting into Part 5 of the Bill. We can discuss those provisions when we get to them to ensure that we do have a proper regulatory structure. We promised that we would provide for those provisions. Senator Daly raised the issue of contacts with financial...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: Senator Cullinane is absolutely dedicated to upsetting Senator Bradford by repetitively referring to unscrupulous employers. I can see them having cavernous meetings at night with candles to concoct some conspiracy against the employees of Ireland. There is a limit to what one can do by way of legislation. In that context, I deliberately focused on the issue of people losing their jobs....

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: I thank Senator Barrett for raising this issue. It is worth spending a few minutes discussing it. The amendment is about debt relief notices, debt settlement arrangements and personal insolvency arrangements. It is designed to ensure that somebody who enters into one of them is not removed from their employment or their employment status is not jeopardised nor is that of their spouse, and...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: The latter issues raised by Senator Cullinane are for my colleague, the Minister for Jobs, Enterprise and Innovation and his Department. Some of what the Senator is referring to would arise under company law rather than personal insolvency law. If the Senator forgives me, I will not head into that area because it is not what we are dealing with here. Money owed to employees, however, also...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: No, I think we have visited the zoo long enough. I am conscious that much work remains to be done. I know Senator Norris is fishing in troubled waters but I do not wish to torpedo this conversation.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: So long as we do not drown it is important that we get on with the business.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: Amendment No. 2 amends the definition of security in section 2 in order to provide clarity in relation to the status of guarantees or pledges of the type referred to in section 35(8) of the Credit Union Act 1997. There has been some confusion as to whether such guarantees or pledges should or should not be capable of constituting security for the purposes of the Bill. The new definition...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: Amendment No. 3 is a technical drafting amendment. I am advised by Parliamentary Counsel that the amendment is necessary to improve the text and make clear which creditor and which debt is concerned by any protective certificate that is issued.

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: That is the delineation and much of it is a tidying up process. What is new is the excludable debt compared to the excluded debt and it provides a greater degree of flexibility in dealing with debt issues than existed in the Bill in its undeveloped state. It has arisen from what we heard in debates on Second Stage in the Lower House, submissions received and ongoing discussion at Government...

Seanad: Personal Insolvency Bill 2012: Committee Stage (29 Nov 2012)

Alan Shatter: I have been so focused on the amendments we are taking that I was incorrect on one issue. The Bill has a definition of a domestic support order and it covers all the matters to which I referred. We will not need to amend it further. It includes the Civil Partnership and Certain Rights and Obligations of Cohabitants Act.

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