Results 8,781-8,800 of 19,162 for speaker:Alan Shatter

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 98:In page 54, line 36, after "process" to insert "in respect of a specified debt".

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 99:In page 54, line 40, after "Arrangement" to insert the following:", but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor".

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I am a little confused by this proposal. Deputy Collins raised a similar point on Committee Stage in regard to adding a reference to the debtor being able to object to the court in regard to the issuance of a protective certificate. The only reason a protective certificate would be issued is to protect the debtor. Therefore, it is difficult to understand how the debtor would object to...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: Yes.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: No. The insolvency service cannot do so.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: The process envisages that on the issuing of a protective certificate, engagement may occur to resolve matters using the intermediary between debtor and creditor. Ultimately, if things work out based on the provisions of the legislation, an agreement will be reached as to the debt resolution mechanism and the arrangements thereunder. The matter will then be passed to the insolvency service,...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 101:In page 55, line 29, to delete "the order" and substitute "an order".The amendments are technical drafting amendments to improve the clarity of the text of the Bill.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I thank Deputy Mac Lochlainn for raising this point. There is substantial merit in this proposal and it would appear sensible to add this provision in regard to approved intermediaries. I am advised by the Parliamentary Counsel that it would be prudent to await the final determination of the regulatory approach to personal insolvency practitioners which may lead to further adjustment of...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 88:In page 48, line 8, to delete "prepare" and substitute "complete".This is a technical drafting amendment to improve the language of the Bill. I assume the Deputies are happy that we make it.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 88a:In page 48, lines 17 and 18, to delete all words from and including "and" in line 17, down to and including "be," in line 18.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 89:In page 48, line 33, to delete "6 years" and substitute "5 years".This amendment corrects an error in the text. The reference to a six year "look forward" period in relation to a personal insolvency arrangement is incorrect. It should be a reference to five years rather than six years.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: It is not clear from the Deputy's amendment whether it is "and ordinarily resident" or "or ordinarily resident" which is intended to be added to the text in section 53. In either case the amendment is not desirable. The current text of the provision deals with ordinary residents in the next paragraph. I am advised one cannot state that "domicile" encompasses "ordinarily resident" as it...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: The problem is one would need to be both domiciled and ordinarily resident whereas by being ordinarily resident, one can invoke the measures. I can be ordinarily resident in Ireland and have a domicile in France. I could have come here to live for a few years and be ordinarily resident here, but it is my ultimate intention to return to France which is my domicile of origin. If the words...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 59:In page 37, line 31, to delete "deems appropriate." and substitute the following: "deems appropriate, but this subsection shall not operate to prohibit the commencement or continuation of any criminal proceedings against the debtor.".

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 60:In page 38, to delete lines 1 to 10.Amendment No. 60 proposes the deletion of section 32(7) and 32(8). These subsections apply where the debt relief notice is terminated and hence should be in section 42. Amendment No. 85 makes the necessary amendments to section 42 to ensure the matter is properly addressed.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 61:In page 38, lines 22 and 23, to delete "the level of" and substitute "the extent of".These are drafting amendments which are required to ensure consistency in relation to the construction used in the Bill.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 62:In page 38, line 27, to delete "by him or her or on his or her behalf" and substitute "by him or her, or on his or her behalf,".These are technical amendments. Amendments Nos. 62 and 63 are designed to improve the presentation of the text. Amendment No. 72 is to improve the punctuation in section 38(4). It is important we get our punctuation right.

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 63:In page 38, lines 34 and 35, to delete "by him or her or on his or her behalf" and substitute "by him or her, or on his or her behalf,".

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 64:In page 38, line 38, to delete "€250" and substitute "€400".I hope Deputies will welcome this amendment. Deputies may recall that during the Committee Stage debate on this section I undertook to re-examine the earned income threshold under subsection (3). As currently drafted, section 33(3) provides that where a specified debtor's income increases by...

Personal Insolvency Bill: Report Stage (Resumed) (7 Nov 2012)

Alan Shatter: I move amendment No. 65:In page 39, lines 1 and 2, to delete all words from and including "during" in line 1 down to and including "effect" in line 2 and substitute "during the supervision period concerned".This is a drafting amendment to improve presentation of the text.