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

Amendment No. 30 is a drafting amendment to extend the reference to section 25 and a statutory declaration to that made by the debtor. Amendment No. 31 replaces the text inserted by Amendment No. 17 on Committee Stage and is to correctly refer to a "permitted debt" in subparagraph (iii). It is recommended by Parliamentary Counsel. Amendment No. 38 is essentially a drafting amendment to remove the reference in section 46(l)(a)(iv) to guarantees in respect of the debtor's own debts which are not required in this context. The amendment replaces the text inserted by amendment No. 25 on Committee Stage.

Amendment No. 44is required for the avoidance of doubt. I am advised that while the Bill now contains in section 2, a definition of "excluded debt", a clear provision to the effect that an excluded debt cannot be proposed for consideration in a debt settlement arrangement is still required. Amendment No. 45inserts a new subsection (3) in section 53 which replicates the requirement in the debt relief notice that the proposal for a debt settlement arrangement should also primarily concern debts which are in default for a period of more than sis months prior to the application.

Amendment No. 46replaces Amendment No. 27 inserted on Committee Stage. The essential change is in subsection (8) which makes it explicit that a permitted debt refers to an excludable debt where the creditor has consented to include it for consideration in the debt settlement arrangement. The Parliamentary Counsel decided that the replacement of the entire section was the optimum approach. Amendment No. 47 extends the provisions of subparagraphs (i) and (ii) of section 54(2)(e) with new text which now provides that the schedule of debts and creditors should also contain any other information that may be prescribed.

Amendment No.73 is required for the avoidance of doubt. I am advised by the Parliamentary Counsel that while the Bill now contains a definition in section 2 of "excluded debt", clear provisions to the effect that an excluded debt cannot be included in a personal insolvency arrangement are still required. This is similar the amendment made to the debt settlement arrangement. Amendment No. 76 removes the requirement for the debtor to make a statutory declaration in support of his or her application for a personal insolvency arrangement and replaces it with a declaration in writing. Amendment No.77 inserts a new subsection (5) and replicates in the personal insolvency arrangement the requirement in the debt relief notice and debt settlement arrangement that the proposal should also concern primarily debts which are in default for a period of more than six months prior to application.

Amendment No.78 is designed to further refine the new provision concerning the requirement for creditor consent for the inclusion of excludable debt in personal insolvency arrangement. On the advice of Parliamentary Counsel, it is more coherent to replace the entire section. Amendment No. 79replaces subparagraphs (i) and (ii) of section 89(2)(e) with new text which now provides that the schedule of debts and creditors should also contain any other information that may be prescribed.