Written answers

Thursday, 26 May 2016

Department of Justice and Equality

Court Judgments

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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36. To ask the Minister for Justice and Equality the number of occasions since the passing of the relevant legislation in 2016 that the Courts have overturned a bank veto in a personal insolvency case; and if she will make a statement on the matter. [12278/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and I am informed that the information requested is not compiled by the Courts Service in the manner sought by the Deputy.

However, the Insolvency Service of Ireland (ISI) has advised that, as of 24 May 2016, there have been 46 review applications notified to the ISI. Of those applications 4 have been approved and 1 has been rejected. 5 have been withdrawn and 2 struck out by consent, both outcomes often result from settlement negotiations between the parties. There are 32 cases currently being administered by the Courts Service where there has been an initial hearing but new affidavits or additional material has been requested and adjournments have been given to allow for filing of this material in advance of a full hearing and 2 cases are awaiting an initial hearing.

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