Written answers

Tuesday, 24 November 2015

Department of Justice and Equality

Personal Insolvency Act

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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318. To ask the Minister for Justice and Equality the number of times the new legal measures to allow a debtor to challenge a bank's veto in insolvency arrangements have been used; the results in each case; and if she will make a statement on the matter. [41399/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Deputy's question relates to section 21 of the Personal Insolvency (Amendment) Act 2015, which inserts into the Personal Insolvency Act 2012 a new section 115A introducing the opportunity for a person to apply for independent review by the Courts if their proposal for a PIA (Personal Insolvency Arrangement), including the mortgage on their home, is rejected by their creditors.

The Deputy will appreciate that as the review provision came into effect on 20 November, statistics on its operation are not yet available. My officials will, of course, be monitoring carefully the operation in practice of this important reform over the coming months.

The Deputy will recall that I signed a Commencement Order in September, bringing into immediate effect all the provisions of the Personal Insolvency (Amendment) Act 2015 which did not require changes to Rules of Court.

The remaining provisions, including the new Court review which is inserted by section 21 of the Personal Insolvency (Amendment) Act 2015, required changes to the Rules of the Circuit Court and High Court before they could come into effect. The relevant Rules changes (S.I. nos. 506/2015 and 507/2015) took effect from 20 November, and I am pleased to inform the Deputy that that I signed an order on 18 November (S.I. no. 514/2015) commencing all the remaining provisions of the Personal Insolvency Act 2015, including section 21, with effect from 20 November.

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