Dáil Éireann Debate, Thursday - 28 January 2016
201. Deputy Michael McGrath asked the Minister for Justice and Equality why section 21 of the Personal Insolvency (Amendment) Act 2015 was not commenced until 20 November 2015; and if she will make a statement on the matter. [3791/16]
View answerSection 21 of the Personal Insolvency (Amendment) Act 2015 provides for a new type of application to Court. Accordingly, it required changes to be made to the relevant Circuit Court Rules and Rules of the Superior Courts: for example, to set out the form of application or proceedings to be used by a person wishing to make an application to Court under Section 21, or to reply to such an application.
As the Deputy is aware, due to the independence of the Courts, Rules of Court and any amendments of those Rules are prepared and decided by the appropriate Court bodies, before they are received for drawing up an appropriate Statutory Instrument and for the concurrence of the Minister concerned.
In the case of the Personal Insolvency (Amendment) Act 2015, after consultation on the need for changes to Court Rules, I signed a Commencement Order commencing with effect from 29 September 2015 all provisions of the Act which did not require changes to the Court Rules.
As regards the provisions of the Act which did require changes to the relevant Court Rules, the Court Rules Committees signed their agreement on the changes on 20th October and 29th October respectively. On 13 November, I concurred in two Court Rules Statutory Instruments, making the necessary Rules changes with effect from 20 November.
On 18 November, I signed the Personal Insolvency (Amendment) Act 2015 (Commencement) (No.2) Order 2015 which commenced all the remaining provisions of the Act, including section 21, with effect from 20 November.
