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

Alan Shatter: I move amendment No. 57:In page 37, to delete lines 21 to 24 and substitute the following: “(a) a bankruptcy petition relating to the debtor, or (b) a summons under section 8 of the Bankruptcy Act 1988.”.This is a technical drafting amendment that seeks to improve the text of the Bill. I am advised that section 32(2)(c) is superfluous as the matter is already covered by the...

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

Alan Shatter: I move amendment No. 58:In page 37, line 27, after “process” to insert “in respect of a specified qualifying debt”.The aim of amendment No. 58 is to ensure that section 32(3) will not prevent the initiation or continuation of tort claims or other legal proceedings that have no connection to a debt and may involve persons who have no connection to a debt. To better...

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

Alan Shatter: I will leave it to Deputy Healy-Rae to go to his local credit union and explain to its board why a €5,000 debt should not be repaid by an individual who is driving around the constituency in a jeep. He might want to explain the financial implications of that to the other members of the credit union who are anxious to ensure its continued solvency and the availability of funding.

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

Alan Shatter: I move amendment No. 28:In page 27, line 33, to delete “, or a dependant of the debtor,” and substitute “, or his or her dependant,”.

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

Alan Shatter: I move amendment No. 29:In page 27, lines 35 and 36, to delete “dependent” and substitute “dependant”.

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

Alan Shatter: I move amendment No. 30:In page 27, between lines 36 and 37, to insert the following:“(iii) where the debtor or his or her dependant is attending a course of primary or second-level education, books, materials and other items of equipment that are reasonably necessary to enable the debtor or that dependant, as the case may be, to participate in and complete that course,”.

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

Alan Shatter: My response to amendment No. 31 is similar to the response to the previous amendment No. 20 that we discussed yesterday evening. The major approved intermediary for the processing of applications for a debt relief notice, MABS, has the necessary expertise in devising in respect of each individual application and circumstance those household items that are essential for that person's domestic...

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

Alan Shatter: It will be for the insolvency agency in the context of the consultations it will have with MABS to advise on where it is appropriate to have detailed guidelines and where matters should be left in a general context to be worked out based on an individual's circumstances. Even within guidelines, there will be individual variations depending on background circumstances.

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

Alan Shatter: I move amendment No. 32:In page 29, to delete lines 1 and 2 and substitute the following:“(a) he or she has ever been a specified debtor,”.Amendment No. 32 provides greater clarity on the eligibility for a debt relief notice and provides that a debtor is ineligible for a DRN where he or she has ever been a specified debtor. The text of this provision as it currently stands is not...

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

Alan Shatter: I move amendment No. 33:In page 29, line 4, to delete “in the period” and substitute “within the period”.

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

Alan Shatter: I move amendment No. 34:In page 29, line 9, to delete “successfully” and substitute “has successfully”.

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

Alan Shatter: I move amendment No. 35:In page 29, line 17, to delete “person” and substitute “debtor”.

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

Alan Shatter: I move amendment No. 36:In page 29, line 24, to delete “subject” and substitute “subject,”.

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

Alan Shatter: The amendment misses the point of the debt relief notice process. The approved intermediary is required to advise the debtor as to the consequences of the application, the criteria and whether a different debt resolution process might not be more appropriate to his situation. He will be in a position to consider all of these issues. Becoming a party to another debt process will likely...

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

Alan Shatter: I am anxious to be practical, but I am conscious that we are both an urban and a rural society and that many more people lived in rural Ireland before there were as many vehicles on the road as there are now. Where someone is entering a system in which €20,000 of debt may be, effectively, written off to afford them an opportunity of a new start, they must take reasonable steps to...

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

Alan Shatter: We were here all last evening. The Deputy did not join us. He should not think I am not listening to him. I can listen to him while reading a note.

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

Alan Shatter: Yesterday evening, I was about to start replying to points made on amendments Nos. 26 and 27, which are similar in seeking to raise the value, in the context of the qualifying criteria for a debt relief notice, of a car allowed to be retained by a debtor for his needs or the needs of dependants. The limit proposed in the Bill is a value of €1,200, or greater if the vehicle has been...

Select Committee on Justice, Defence and Equality: Estimates for Public Services 2012
Vote 35 – Army Pensions (Supplementary)
(7 Nov 2012)

Alan Shatter: Effectively, we have stayed within the overall financial envelope. In simple terms, we are moving a portion of money designated as salaries into pensions. That is facilitated as a consequence of the larger than expected number of retirements at the end of February and the obvious hiatus created thereafter. They retired and then became entitled to their pensions as opposed to Army salaries...

Select Committee on Justice, Defence and Equality: Estimates for Public Services 2012
Vote 35 – Army Pensions (Supplementary)
(7 Nov 2012)

Alan Shatter: There was a saving on the salary side which then had to be transferred into the pension side. The good thing about it is that, going through the recruitment process, we are substantially on target as we get to the end of the year of ensuring we have the strength we envisaged at the start of the year, which was key to the Defence Forces meeting their operational requirements.

Select Committee on Justice, Defence and Equality: Estimates for Public Services 2012
Vote 35 – Army Pensions (Supplementary)
(7 Nov 2012)

Alan Shatter: Effectively, we are transferring the envelope from one side to the other. With a strength of 9,500 at year end we are going into 2013 with an additional cohort of pensioners but many of the retirements which occurred early in the year might have otherwise gone throughout the year. I think I am right in saying that the normal retirement rate from the Defence Forces was between 350 and 400...

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