Dáil Éireann Debate, Tuesday - 24 October 2017
196. Deputy Michael McGrath asked the Minister for Justice and Equality the outcome of protective certificates for personal insolvency arrangements to date in 2017; the number and percentage that were classified as yes vote/court confirmed, no vote and protective certificates expired respectively; and if he will make a statement on the matter. [45061/17]
View answer197. Deputy Michael McGrath asked the Minister for Justice and Equality the number of personal insolvency cases commenced in 2017; the number that have been successful; the number that have failed; the timeframe to conclude these cases; the number of personal insolvency cases entered into the appeals process; the outcome of these cases; the time taken; and if he will make a statement on the matter. [45062/17]
View answerI propose to take Questions Nos. 196 and 197 together.
The Insolvency Service of Ireland (ISI) publishes a quarterly statistical report, which is available on www.isi.gov.ie. The Deputy will note from page 11 of the ISI's most recent statistical report, that:
- the number of new applications during the period in question (quarter 1 and quarter 2 of 2017) was 2,561 of which 2,226 relate to Personal Insolvency Arrangements.
- the number of Protective Certificates during the period amounted to 1,107 of which 956 relate to Personal Insolvency Arrangements.
- the number of solutions approved by Court during the period amounted to 587 of which 400 relate to Personal Insolvency Arrangements.
On page 7 of the quarterly report, there is an analysis of creditor acceptance/rejection rates. The following table is an extract from that report.
|
Outcome |
DSA |
PIA |
Total |
|
YES vote /Court confirmed |
69.7% |
56.0% |
58.8% |
|
NO vote |
7.5% |
19.4% |
16.9% |
|
Protective certificates expired |
22.8% |
24.6% |
24.2% |
Since commencement of the section 115A court review process, there have been 632 applications (figures up to 20/10/17). The majority of these cases have yet to reach conclusion. A summary of those that have reached a conclusion is set out as follows.
|
Outcomes from original S115A application |
180 |
|
Reviews approved |
57 |
|
Reviews dismissed (including 51 objections upheld on consent) |
97 |
|
Reviews withdrawn by debtor |
26 |
|
Outcomes to High Court Appeals of Circuit Court Decisions: |
18 |
|
Reviews approved |
4 |
|
Reviews dismissed |
9 |
|
Reviews struck out/withdrawn |
5 |
It is not possible to state with accuracy the time taken to progress a review application, as each case is treated on its own merits, and is dependent on a number of factors, including whether any application is objected to by a creditor.
