Results 8,921-8,940 of 19,162 for speaker:Alan Shatter

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: Amendments Nos. 26 and 27 are quite similar in seeking to raise the value in the context of the qualifying criteria.

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: I recall that this seemed to become the only issue that the media had any remote interest in, following the debate on Second Stage.

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: Everything else disappeared in its entirety and this became the issue. I disagreed with Deputy Collins on Committee Stage for seeking to exempt from the debt relief notice asset test items of jewellery of ceremonial significance. I did so both on the basis that ceremonial significance is very difficult to discern, varying as it might from person to person. In addition, Deputy Collins did...

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: It is my objective to have guidelines in place.

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: I am not sure what effect the proposed changes are designed to achieve in the context of the debt relief notice. The current provision is clear in its indication that it is the market value of an asset that is considered, irrespective of whether the asset in question is subject to any charge. In any event, given that the permitted qualifying asset level in this process is €400, I am...

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: I move amendment No. 23:In page 27, line 16, to delete "paragraph (c)(iii)" and substitute "paragraph (c)(ii)".This is a technical amendment to correct a cross-reference to section 24(6)(b)(ii).

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: This was an issue Members raised on Committee Stage, at which point I gave an undertaking to consider it for Report Stage. Deputy Niall Collins's amendment No. 24 raises the issue of a special exemption in the asset test for the debt relief notice in respect of books and materials for primary and second level students. I hope the Deputy will accept my proposal in amendment No. 30 which was...

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: To turn that on its head, if a debtor has dependents and children his or her reasonable expenses will be higher. In other words, the amount which such an individual would be effectively entitled to exclude from the pot will be higher than a single individual with no dependents. The area of discretion or elasticity in this is dependent on individual circumstances. There will be guidance as...

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: The amendments from Deputies Mac Lochlainn and Collins relate to raising the value of the asset eligibility criteria to apply to debt relief notices. I explained at some length on Second Stage the concepts behind the debt relief notice. It provides for the write-off of unsecured debts of up to €20,000 subject to certain conditions. These conditions must of necessity be stringent so...

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: I had already addressed the issues in amendment No. 10 and had set out my reason for opposing amendments Nos. 10 and 11.

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: I move amendment No. 12:In page 26, line 9, after “income” to insert the following: ", calculated in accordance with subsection (5),".This amendment improves on the existing construction for avoidance of doubt by cross referencing the income criteria with revisions of subsection (5).

Personal Insolvency Bill 2012: Report Stage (Resumed) (6 Nov 2012)

Alan Shatter: I will respond to amendments Nos. 13 and 14, following which Deputy Mac Lochlainn can then come in. Amendments Nos. 13 and 14 seek to raise the limit for the amount of disposable income above that permitted for necessary household expenses from €60 to, in the context of Deputy Mac Lochlainn's amendment, €80 and in the context of Deputy Collins' amendment, €150. With regard...

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: I am conscious that we are on Report Stage.

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: I do not know how many times we can go back and forth on this question. We took the view that the proposal contained in the Bill is a balanced one, having regard to the need to assist people in debt and having regard to the real circumstances of creditors. We must ensure that we do not provide an incentive to individuals to run up large debts from which they believe they can then extricate...

Personal Insolvency Bill 2012: Order for Report Stage (6 Nov 2012)

Alan Shatter: I move: "That Report Stage be taken now."

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: I move amendment No. 1:In page 10, between lines 10 and 11, to insert the following: " "bankruptcy" shall be construed in accordance with the Bankruptcy Act 1988;".This amendment adds the definition of "bankruptcy" to section 2. I am advised that this is necessary for the purposes of interpretation as the term is used in a number of instances throughout the Bill. It is effectively a...

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: The Deputy is out of order.

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: I move amendment No. 7:In page 24, to delete lines 22 and 23 and substitute the following: " "debt", in relation to a debtor, means a debt for a liquidated sum that, on the application date, is payable either immediately or at some certain future time within 3 years from that date;".This proposal amends the definition of "debt" in Chapter 3 to limit the foreseeability of future liquidated...

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: I move amendment No. 8:In page 25, line 32, to delete "section 43," and substitute "sections 32(11) and 43,".This is a technical amendment to include a cross-reference to section 33(11).

Personal Insolvency Bill 2012: Report Stage (6 Nov 2012)

Alan Shatter: I move amendment No. 9:In page 25, line 38, to delete "or has been".This amendment improves on the existing construction of the text of section 23 by making clear that "specified debtor" means the person who is currently the subject of a debt relief notice. The reference to "or has been" is not appropriate in this context and is proposed for deletion. In common with a significant number of...