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

Amendment No. 52 is consequential on amendment No. 60, which will delete section 78. This section provided for the process of termination of a debt settlement arrangement by a meeting of creditors on foot essentially of a material change in the debtor's circumstances in the opinion of the personal insolvency practitioner or that the debtor participated knowing that he did not fulfil the eligibility criteria. On further reflection with the Office of the Attorney General, the Parliamentary Counsel proposed that the section be deleted on the basis that it is not particularly required in light of the provisions of section 79, which required the involvement of the court. There is no comparable provision in the personal insolvency arrangement.

Amendments Nos. 58a and 112a are required to ensure consistency between the DSA and PIA provisions of the Bill in regard to the variation of the arrangement. This amendment addresses an inconsistency between section 79 concerning the debtor's consent to a variation of a debt settlement arrangement to the corresponding section 115 concerning consent to the variation of a personal insolvency arrangement.

Amendment No. 59 seeks to deal with an issue raised on Committee Stage. The amendment will remove the discretion previously afforded to the personal insolvency practitioner in regard to the calling of a creditors meeting to consider a possible variation on debt settlement arrangement.

Amendments Nos. 59a, 112b, 112c and 112d aim to clarify the procedures for voting by creditors on a proposed variation of a debt settlement arrangement or a personal insolvency arrangement.