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

Amendment No. 29 replaces amendment No. 15 made on Committee Stage in response to suggestions by Senators that the various notification and reporting requirements with regard to an approved intermediary dying or becoming otherwise incapacitated should be better clarified. The Parliamentary Counsel has now provided an updated text to do so. Amendment No. 29a on the supplemental list is necessary to amend a cross reference in section 25(11). The amendment is required as a consequence to the amendment to that section regarding the replacement of an approved intermediary.

Amendment No. 35 is a technical amendment. It amends the existing provision to now employer the Insolvency Service to prescribe the criteria for authorisation of persons as authorised intermediaries. The provision states that the service will act under the direction of the Minister and is subject to certain conditions regarding consultation with other persons or bodies. Both amendments Nos. 36 and 37 essentially seek the same outcome that the authorisation of a person to act as an approved intermediary may be withdrawn, as provided for in regulations, when they no longer meet the criteria. I hope that my proposal satisfies the Senators and they may wish to withdraw their amendment.

Amendment No. 40 replaces the text of section 46(4) to (9), inserted by amendment No. 26 on Committee Stage, to refine the provisions in regard to the notifications at reporting responsibilities on the personal insolvency practitioner in the event of death or incapacity, etc. This amendment is similar to that earlier, being amendment No. 31, in respect of the same requirements on approved intermediaries. Amendments Nos. 41, 125 and 134 are technical drafting amendments simply to further refine the text.