Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

7:30 pm

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

Amendment No. 16 seeks to replace the existing section 15 of the Bill with new text. The proposed new text retains the requirement for the insolvency service to submit its business plans to the Minister for approval every year. However, it removes the current requirement in the Bill for the business plans to be laid before the Houses of the Oireachtas. Having reviewed the matter, I believe this onerous requirement is not necessary. The proposed amendment brings the insolvency service more in line with the governance provisions of other similar entities. It does not, however, diminish the accountability provisions of the service to the Houses of the Oireachtas.

Amendment No. 17 is a technical drafting amendment. It makes clear that the report referred to in subsection (6) is the annual report of the insolvency service which is required to be laid before both Houses of the Oireachtas. Amendment No. 18 proposes the insertion of a new subsection (8) and is linked to the previous amendment to subsection (6). The purpose of section 16 is to make provision for the preparation of reports by the insolvency service to the Minister. The provision, as currently drafted, permits the preparation of reports on a number of matters and is not limited to the preparation of annual reports. The current construction would have the effect that every single report prepared by the insolvency service, even on very minor matters, would be required to be laid before the Houses of the Oireachtas. New subsection (8) seeks to improve on the current text by giving the Minister the discretion to decide whether reports prepared by the insolvency service under the provisions of subsection (3) are to be laid before the Houses of the Oireachtas and published.

Amendment No. 19 is a technical drafting amendment required to improve the presentation of the text. It now refers to "a Committee" rather than "the Committee".

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