Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

7:40 pm

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

Amendment No. 20 is designed to recast and improve the new section 23 inserted by amendment No. 5 on Committee Stage taking account of matters raised by Senators during the course of the debate. The title and text of the section have been expanded to include the term "reasonable standard of living". In her contribution on Committee Stage, Senator Zappone suggested that perhaps the insolvency service should also have regard to other information or research from sources such as academic studies when compiling the guidelines on a reasonable standard of living and reasonable living expenses for debtors. I was happy to take on board her comments and have reflected them in the provisions of subsection 3(d). Subsection 3(e) has also been improved upon and now references a broader range of matters which are required to be taken into consideration with regard to differences in the size and composition of households and the differing needs of persons having regard to matters such as their age, health and whether they have a physical, sensory, mental health or intellectual disability.

Amendment No. 27 arises as a consequence of the changes to the new section 23 concerning guidelines on reasonable living expenses. This is a technical amendment which revises the wording of the new section 24(14) inserted by amendment No. 13 on Committee Stage to reflect the changes made to the section to ensure consistency of approach.

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