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

Amendment No. 9 arises following further consideration of the organisational approach to the insolvency service. I am advised that the provisions of sections (2)(b) and (c) are not necessary for the purposes of the operation of the insolvency service as it will not be owning or holding property in its own name - the OPW will make the necessary office accommodation available - and should be deleted. Amendment No. 10 is intended to make it clear that it should be the director, rather than the insolvency service itself, who authorises a person to enter into contracts on behalf of the insolvency service. Amendment No. 11 replaces that inserted by amendment No. 4 on Committee Stage, and improves and extends the functions of the insolvency service by now including a reference to use of the reasonable expenses guidelines, and to education and training.

Amendment No. 12 provides for the term of office of the director of the insolvency service. Amendment No. 13 addresses the current wording of section 11(3) which may not fully reflect the reporting relationship within the insolvency service in regard to who will be making the policies and decisions of the insolvency service that the director will implement. I am advised that subsection (3)(a) is not required in the context of the insolvency service and should be deleted.

Amendment No. 14 amends the text of section 8(11)(a) to delete the reference to disqualification which is not appropriate in this particular context. Amendment No. 15 makes it clear that the five-year tenure of the first director of the insolvency service, where he was previously appointed as director designate, commences on the date of appointment under this section. The current draft of the Bill does not adequately deal with this matter.