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Financial Legislation

Dáil Éireann Debate, Wednesday - 14 September 2011

Wednesday, 14 September 2011

Ceisteanna (597, 598)

Eric J. Byrne

Ceist:

604 Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding the Personal Insolvency Bill; and when same is expected to enacted. [23428/11]

Amharc ar fhreagra

Freagraí scríofa

In line with the commitment in the Programme for Government and the EU/IMF Programme of Financial Support for Ireland, a Personal Insolvency Bill is in the course of being developed in my Department with a view to being published in early 2012 or earlier if possible. It will provide for a comprehensive new framework for settlement and enforcement of debt and for personal insolvency. It is planned to furnish a copy of the Heads of the Bill when complete to the Joint Oireachtas Committee on Justice, Defence and Equality for its consideration and comment.

The Civil Law (Miscellaneous Provisions) Act 2011 contains some interim measures in relation to reform of the law on bankruptcy. The period for application to the court for discharge of bankruptcy is reduced from 12 years to 5 years, albeit subject to the same conditions as at present. An adjudication of bankruptcy will be automatically discharged after 12 years. I am arranging to bring those measures into operation by Order in the very near future.

Eoghan Murphy

Ceist:

605 Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to the Start Mortgages decision; and the steps that are being taken to revise the 2009 legislation in regard to response orders by including amending legislation in the miscellaneous provisions bill. [23723/11]

Amharc ar fhreagra

The position is that my Department is in consultations with the Office of the Attorney General regarding the implications of the High Court judgment concerned. The action to be taken is dependent on the outcome of those discussions.

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