Written answers

Tuesday, 23 April 2013

Department of Justice and Equality

Personal Insolvency Act

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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478. To ask the Minister for Justice and Equality if he has had discussions with the Troika about the commencement of all the provisions contained in the Personal Insolvency Act 2012; and if he will make a statement on the matter. [18421/13]

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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479. To ask the Minister for Justice and Equality if he will onfirm when the new personal insolvency arrangements were required to be introduced under the original Memorandum of Understanding with the programme finance troika; and if will provide an explanation for any delays with meeting the original condition in the Memorandum of Understanding. [18422/13]

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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480. To ask the Minister for Justice and Equality the reason there have been delays in the commencement of all the provisions contained in the Personal Insolvency Act 2012 which was signed into law on 26 December 2012; and if he will make a statement on the matter. [18423/13]

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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481. To ask the Minister for Justice and Equality if he will provide the date on which all the provisions contained in the Personal Insolvency Act 2012 will be commenced; and if he will identify the principal person or persons responsible for ensuring processes are in place before all of the provisions can be commenced. [18424/13]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 478 to 481, inclusive, together.

The original commitment under the EU/ECB/IMF Programme of Financial Support for Ireland required the development and publication of the necessary legislation for reform of personal insolvency. The initial commitment was to publish the Bill in Quarter 1 of 2012. However, given the complexities involved in drafting comprehensive reform legislation of this nature, the deadline was ultimately extended to the end of June 2012. The commitment to the Troika was met by the publication of the Personal Insolvency Bill 2012 on 29 June, 2012.

The Troika team was in Dublin in January 2013 as part of their normal quarterly review of the Programme of Financial Support for Ireland and met with officials from my Department as part of that review process. The Troika team noted the enactment of the Personal Insolvency Act 2012 which represented significant progress since their last visit. The measures being taken by my Department, the Insolvency Service and other relevant parties to bring about the full operation of the new debt resolution processes were discussed. The Personal Insolvency Act 2012, was passed by both Houses of the Oireachtas on 19 December, 2012 and signed into law by the President on 26 December, 2012.

Part 6 of the Act was commenced on 18 January 2013. The provisions of Part 1 (other than section 6), Part 2 (other than section 13), sections 25 and 47, sections 126 to 141, Part 5 and Schedules 2 and 3 of the Personal Insolvency Act 2012 came into operation on 1 March 2013. The Insolvency Service was established on 1 March 2013 by Ministerial Order made on 20 February last.

The Insolvency Service of Ireland (ISI) Public Information Campaign was formally launched on 18 April, 2013. Since the Director of the Service took up his position at the end of last October, he has overseen a great deal of work within a short period of time. This included setting up an implementation team to address all of the operational matters necessary for the new Service; arranging office accommodation; recruiting and training specialist staff; and designing and implementing the new regulatory and IT frameworks required to accept applications. The dedicated ISI website and information line went live on 18 April. Trained ISI staff have begun taking calls from the public and will be able to advise people in regard to which debt resolution process may be most appropriate to their situation from the three new processes available.

The Act will be fully commenced as soon as all of the remaining necessary preparations for administration of its provisions are finalised which is expected by the end of June 2013.

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