Dáil Éireann Debate, Wednesday - 13 November 2013
130. Deputy Ann Phelan asked the Minister for Justice and Equality the qualifying criteria for persons whom the Personal Insolvency Act was designed to help; if he will consider a nine month review of the legislation enacted, to find out the number of persons that have engaged with the process; and the way the legislation is actually helping those who need it most. [48510/13]
View answerThe eligibility criteria for each of three debt resolution processes contained in the Personal Insolvency Act 2012 are set out in sections 26, 57 and 91. These are reasonable and proportionate and were extensively discussed during the Oireachtas debates. I believe that the provisions of the Act can be of great assistance to persons struggling with debt problems to reach agreed and sustainable solutions. It does require that all participants in the process fully commit to making it work. There must be no unrealistic expectations on any potential party to a debt resolution process.
The details of persons who have formally engaged with a process under the Act will be entered into the appropriate Registers required to be maintained by the Insolvency Service of Ireland. I understand that the Service also publishes from time to time details of the enquiries it receives from the public. The Act was signed into law by the President on 29 December 2012. Further refinements to the Act were made by the Courts and Civil Law (Miscellaneous Provisions) Act 2013. The final remaining Part of the 2012 Act, concerning bankruptcy reform, is expected to be commenced later this month. There is provision for a review of the Personal Insolvency Act not later than 3 years after commencement of the new debt resolution processes. I believe that this is a reasonable period of time in which to allow us to consider developments and I have no plans to bring that date forward.
