Seanad debates

Tuesday, 11 December 2012

Personal Insolvency Bill 2012: Report and Final Stages

 

8:30 pm

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

The purpose of amendment No. 121 is to provide that section 122, which deals with breaches of a debtor's obligations under a debt relief notice, will be broadened to also cover breach of obligations under a debt settlement arrangement or a personal insolvency arrangement.

Amendments Nos. 122 and 123are drafting amendments to sections 123 and 124, first, to correct cross-references to other sections of the Bill and, second, to seek to prevent any possible erroneous interpretation of those provisions as meaning that a person who commits an offence under those sections can only be prosecuted while the insolvency arrangement remains in effect, and not after it ends or is terminated, even if the wrongdoing only comes to light then.

Amendment No. 122aaims to provide more clarity as to what is intended to be prohibited by section 124, which deals with fraudulent disposal of property by a debtor who is applying for a DRN, a DSA or a PIA. Amendment No. 126proposes to amend section 127 to increase the fine for a summary offence under the Bill to a class A fine, which means a fine not exceeding ยค5,000.

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