Written answers

Tuesday, 22 November 2016

Department of Justice and Equality

Personal Insolvency Arrangements

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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121. To ask the Minister for Justice and Equality the status of the review of thresholds processes for personal insolvency arrangements, including SMEs, as committed to in the programme for Government; and if she will make a statement on the matter. [35802/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Under the Government's Action Plan on Housing and Homelessness last July, I committed to examining the need for legislation to provide for further possible measures arising from the Programme for a Partnership Government commitments on mortgage arrears, subject to legal advice on certain issues arising. The possible measures mentioned included simplifying personal insolvency legislation to increase thresholds for accessing a Personal Insolvency Arrangement (PIA).

Currently, section 91 of the Personal Insolvency Act 2012 provides that a debtor shall not be eligible to make a proposal for a PIA unless the debtor's aggregate secured debts are less than €3 million. That section also provides that this figure can only be increased with the written consent of all of the secured creditors.

I can confirm to the Deputy that I have asked officials in my Department to examine the thresholds and the processes for Personal Insolvency Arrangements and to report back to me as soon as possible on how best to progress this aspect of the Programme for Partnership Government.

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