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

Amendment No. 48 replaces the current subsections (1) to (3) of section 57 to better clarify the effect of the issuance of a protective certificate in a debt settlement arrangement. Subsection (1) is now made subject additionally to the provisions of subsections (5) and (8). Amendment No. 49 is linked to the previous amendment and inserts new subsection (8) to the effect that a secured debt is not affected by the protective certificate. Amendment No. 50 is a technical drafting amendment to improve the presentation of the Bill.

Amendment No. 51 is also required to improve on the current construction of section 59(1) to make it consistent with the similar section 94 in relation to the personal insolvency arrangement process. It also includes a new provision at subsection (c) which requires the personal insolvency practitioner to make a proposal for a debt settlement arrangement in addition to inviting submissions from creditors. Amendment No. 52 is a technical amendment to delete the reference to section 78. Amendment No. 55 refines the text in relation to the effect of the protective certificate on creditors. Amendment No. 56 inserts a new subsection which clarifies the position in regard to creditor action against another person who may have guaranteed the specified debts concerned.

Amendment No. 80 arises out of the Committee Stage proceedings, where amendments were made to the Bill in regard to the protective certificate process. The purpose of this further amendment is to better set out the effect of the protective certificate. The purpose of amendment No. 80ais to delete section 94(2)(viii) which is now redundant, following the Committee Stage amendments regarding exclude and excludable debts. Amendment No. 81 is a technical drafting amendment required for consistency with the terminology used elsewhere in the Bill.

Amendment No. 82 is a technical drafting amendment which is required as a consequence of the insertion of a new subsection (c) in section 94(1). Amendment No. 83 is a technical drafting amendment which is required as a consequence of the insertion of a new paragraph (c) in section 94(1). It mirrors the amendment proposed to section 59, the debt settlement arrangement in regard to including a requirement on the personal insolvency practitioner.

Amendment No. 108 refines the text in regard to the effect of the protective certificate on creditors and amendment No 109 inserts a new subsection which clarifies the position in relation to creditor action against another person who may have guaranteed the specified debts concerned.