Written answers

Thursday, 16 June 2011

Department of Justice, Equality and Defence

Proposed Legislation

6:00 pm

Photo of Gerald NashGerald Nash (Louth, Labour)
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Question 149: To ask the Minister for Justice and Equality his plans to legislate for the licensing of debt collectors. [16012/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Responsibility for the licensing of the financial activity of debt collectors does not come within the area of responsibility of my Department. However, I should mention that the Non-Fatal Offences against the Person Act 1997 provides some protection to consumers against inappropriate methods of collecting repayments. Under section 11 of that Act, it is an offence to demand payment of a debt in a way designed to alarm, distress or humiliate. Any person who is threatened or intimidated by debt collectors should report the incident to the Gardaí who will take appropriate action.

Photo of Gerald NashGerald Nash (Louth, Labour)
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Question 150: To ask the Minister for Justice and Equality his plans to introduce an out of court debt settlement programme as recommended by the Law Reform Commission, the Free Legal Advice Centre and the Money Advice and Budgeting Service. [16014/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Question Number 34 of 18 May, 2011 which indicated the following:

"A Personal Insolvency Bill is in the course of being developed in my Department to provide for a new framework for settlement and enforcement of debt and for personal insolvency. It is a commitment under the EU/IMF Programme for publication in Q1 2012, however, it is my objective to publish the measure ahead of the EU/IMF deadline, if possible. In developing the Bill, account is being taken of the recommendations of the Law Reform Commission in its recent Report on Personal Debt Management and Debt Enforcement. That report provided an in-depth review of the personal debt regime. The economic and financial effects of certain of the new arrangements are being carefully assessed to ensure that all relevant issues are addressed and their impact is fully anticipated and understood.

The Civil Law (Miscellaneous Provisions) Bill, that is in the course of being drafted with a view to publication as soon as possible this year, will contain some interim measures in relation to reform of the law on bankruptcy. The Bankruptcy Act 1988, as it stands, does not meet the needs of modern social and economic conditions. Consideration is currently being given to the specific measures that will be contained in this Bill."

I have nothing further to add to that reply.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 151: To ask the Minister for Justice and Equality if he will provide an update on the judicial council Bill. [16021/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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As indicated in the Government Legislation Programme for the Summer Session announced by the Chief Whip on 5 April 2011, the Judicial Council Bill is in the course of being drafted with a view to being published in late 2011.

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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Question 152: To ask the Minister for Justice and Equality if he will confirm in the legal services Bill if it is intended that the system of taxation of costs will be altered in accordance with the recommendations of the legal costs working group and Competition Authority report study of competition in legal services; his plans to have the present system of taxation of costs operate in tandem with the newly intended system for a period in the initial stages; the length of time of same; if it is not so intended, if he will confirm the date at which the change over from the old to the new will take place; and if he will make a statement on the matter. [16026/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question No. 274 of 7 June 2011 which sets out the current position in relation to the development of the Legal Services Bill. The details of any necessary transitional arrangements arising from changes to current regulatory frameworks will be announced by way of publication of my proposals for the Bill.

The reply was as follows:

"The Programme of the Government for National Recovery 2011-2016 undertakes to "establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints". These undertakings complement those structural reforms in the EU/IMF Programme of Financial Support for Ireland aimed at removing restrictions to trade and competition relating to the legal professions and legal costs, namely:

to establish an independent regulator for the legal professions and implement the recommendations of the Legal Costs Working Group; and

to implement the outstanding Competition Authority recommendations to reduce legal costs.

I intend to give effect to the various commitments I have mentioned by way of the Legal Services Bill that is referred to in the Government Legislation Programme announced by the Chief Whip on 5 April 2011.

The commitment of the Government is to a strategy that is comprehensive, provides more independent regulation of the legal professions, better regulates legal costs and will ensure that the complaints procedures are as effective as possible. The strategy, when implemented, will improve the overall system of delivery of legal services in the State.

The time-line for publication of the proposals is Quarter 3 of 2011."

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