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

Amendment No. 40 provides that an application for a debt relief notice may be withdrawn by the approved intermediary at any time prior to the issue of a debt relief notice by the insolvency service under section 28. These potential circumstances are not addressed in this Part of the Bill and, consequently, the provision is required for the avoidance of doubt.

Amendment No. 41 proposes the deletion of section 28 and its substitution with a new section 28 which has been redrafted to address a lacuna in the existing text. The new text makes provision for circumstances where a debt relief notice application is referred to the insolvency service and the service is dissatisfied with the application. Section 28(1)(b) provides that, in such cases, the insolvency service is required to inform the approved intermediary. Subsection (2) provides for circumstances where the court refuses an application for a debt relief notice. Subsection (3) makes provision for the appropriate court where it requires further information or evidence for the purpose of arriving at a decision under subsection (2) to hold a hearing on the matter. Subsection (4) makes provision for the hearing not to be held in public unless the court decides otherwise. Subsection (5) requires the court to notify the insolvency service of its decision to issue a debt relief notice, to refuse an application or to hold a hearing, as the case may be.

Amendment No. 42 is a drafting amendment. It amends the cross-referencing in regard to the court notification arising from the new text in section 28.

Amendment No. 54 inserts two new subsections in section 54 to improve the text. The new subsection (3) provides that an application for a debt settlement arrangement may be withdrawn by the personal insolvency practitioner at any time prior to the issue of a protective certificate. Again, this is not made clear in the Bill as it stands. The new subsection (4) places an obligation on the personal insolvency practitioner to notify the insolvency service as soon as is practicable after he or she becomes aware of an accuracy or omission in an application for a protective certificate. The insolvency service is required to have regard to any such information provided under subsection (4) for the purposes of its consideration of the debtor's application.

Amendment No. 95 inserts two new subsections in section 89. The new subsection (3) provides that an application for a personal insolvency arrangement may be withdrawn by the personal insolvency practitioner at any time prior to the issue of a protective certificate. This is not made clear in the Bill as it stands. The new subsection (4) places an obligation on the personal insolvency practitioner to notify the insolvency service as soon as is practicable if he or she becomes aware of an inaccuracy or omission in an application for a protective certificate. The insolvency service is required to have regard to any such information provided under subsection (4) for the purposes of its consideration of the debtor's application.