Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I assume that because the PIP will initially be appointed by the debtor, in the case of resignation he or she will inform the debtor. I draw the Senator's attention to subsection (10), which provides that where a PIP dies, becomes incapable through ill-health or resigns from the role of PIP the debtor shall, as soon as practicable after becoming aware of that fact, appoint another PIP. I assume that a PIP who resigns will inform the debtor because he or she would initially have been approached and appointed by the debtor. I will reflect on what the Senator said as to whether some express provision should be included in the legislation to ensure, if the Insolvency Service is informed, that at the very minimum the debtor is also informed. I would think, frankly, that both debtors and creditors should be informed. Somebody could resign at a point where he or she has only initiated the process and engaged with the debtor. Let us assume for a moment that one has engaged with an individual who has asked one to act as a PIP, but after the first couple of meetings one discovers that this is an individual who is not co-operating and is not providing information that is required. One might not yet have approached creditors, and for that reason one could decide to say at that point, ?Thank you very much; I am out of this.?

Clearly, a PIP must be able to make that judgment. He or she cannot be compelled to engage with a debtor who clearly is uncooperative and may only have asked for his or her engagement to prolong the agony of creditors who are properly due money.

I will reflect on what the Senator is saying about whether a brief amendment should be made on Report Stage clearly stating that the debtor should be informed.