Ivana Bacik (Independent)

I move amendment No. 7:

In page 22, line 40, after "adviser," to insert "insolvency practitioner,".

I have explained the rationale for tabling these amendments. I also raised the issue on Committee Stage. I am concerned that the existing provisions of the Bill do not cover those persons who hold themselves out as "insolvency practitioners", that is, persons who act as liquidators, provisional liquidators, receivers, examiners, trustees in bankruptcy proceedings or administrators under the insurance and credit union Acts. Such persons will be captured if they are members of a designated accountancy body or the Irish Taxation Institute in accordance with the Minister's amendments. However, he has acknowledged that these persons may not hold accountancy qualifications and may not be members of a designated accountancy body, the Irish Taxation Institute or a legal professional body. In the interests of ensuring adequate consumer protection, it is important, therefore, to include a term that would capture a group which may not otherwise be captured. The Minister described them as "amateur practitioners", but a consumer dealing with someone who holds himself or herself out as an insolvency practitioner may not be aware of the professional or amateur status of the person concerned. Chartered Accountants Ireland has also suggested it would be useful to include the term "insolvency practitioner" in the Bill.

I assume the Minister will respond again that this matter can be revisited at a later stage and that further classes of practitioners may be designated but that is not satisfactory. We are dealing with the final Stages of a Bill that has been passed by the Dáil. Therefore, this issue should have been tidied up, clarified or resolved before now. My amendment would do this.