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

These amendments make provisions in the new Part 5 for matters relating to the authorisation of persons to carry on practice as personal insolvency practitioners. Amendment No. 141 proposes the insertion of section 152. This section makes provision for the authorisation by the insolvency service of persons to carry on practice as personal insolvency practitioners and refusal to so authorise. When deciding whether to issue an authorisation, the insolvency service will take into account the information provided by the applicant and, where appropriate, any information provided by the Garda Síochána and the Central Bank under section 156 which is to be inserted by a later amendment. In short, it will not issue an authorisation unless satisfied that the applicant is a fit and proper person to carry on business as a personal insolvency practitioner, competent to carry on practice as such a practitioner and that he or she complies with all relevant statutory requirements.

Amendment No. 142 proposes the insertion of section 153. This section provides that before refusing to authorise a person to carry on business as a personal insolvency practitioner, the insolvency service must give the applicant an opportunity to make representations. Where the insolvency service, having considered such representations, refuses to issue an authorisation, it must give the person notice in writing of the reasons for the refusal.

Amendments Nos. 143 and 144 propose the insertion of sections 154 and 155. These sections contain corresponding provisions which will apply to applications for the renewal of authorisation to carry on practice as a personal insolvency practitioner.

Amendment No. 145 proposes the insertion of section 156 to provide that the insolvency service may request the Garda Síochána or the Central Bank to provide information on a personal insolvency practitioner or an applicant for an authorisation to carry on practice as a personal insolvency practitioner.

Amendment No. 146 proposes the insertion of section 157 which provides that a decision of the insolvency service to refuse to authorise a person to carry on practice as a personal insolvency practitioner or decline to investigate a complaint made may be appealed to the Circuit Court. The decision of the Circuit Court is final, save where there is an appeal to the High Court on a point of law.