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

Section 93(2), which relates to an application for a protective certificate in the context of a personal insolvency arrangement does not, unlike the corresponding provision in section 29(2), concerning DRNs, and section 59(2), concerning DSAs, mention any fee to be forwarded with the documents. The proposed amendment in paragraph (a) mirrors the DSA arrangement at section 59(2). Accordingly, it is required for consistency.

The proposed amendment in paragraph (b) amends a cross-referencing error in section 93(2)(c). The proposed amendment in paragraph (c) to section 93(2)(c) by the addition of a new paragraph is intended to make it clear that both a statutory declaration relating to a prescribed financial settlement and the declaration in writing regarding the debtor's co-operation with the MARP process are explicitly included in the list of documents required to accompany the application form for a protective certificate in the case of a PIA. The current wording in section 93(2)(c) could lead to confusion as to what is required in order to show co-operation on the part of the debtor with the MARP process.