Dáil Éireann Debate, Wednesday - 1 May 2013
176. Deputy Peter Mathews asked the Minister for Justice and Equality the reason a person who applies for a debt settlement a personal insolvency arrangement DRN, DSA, PIA has to have his or her name, address and personal details made public; and if he will make a statement on the matter. [20575/13]
Amharc ar fhreagra178. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will ensure that the plans to name and shame persons under the new insolvency registers will be shelved in view of the fact that they only amount to public humiliation for the persons concerned; and if he will make a statement on the matter. [20885/13]
Amharc ar fhreagraI propose to take Questions Nos. 176 and 178 together.
Under Section 133 of the Personal Insolvency Act 2012, the Insolvency Service of Ireland is required to maintain registers for Debt Relief Notices (DRNs), Debt Settlement Arrangements (DSAs), Personal Insolvency Arrangements (PIAs) and Protective Certificates. The Act states that the registers must be made available for public inspection.
In regard to the DSA and PIA, a debtor, through their personal insolvency practitioner applies for a Protective Certificate. If granted by the Court, this Certificate protects the debtor for a period of 70 days from the commencement or enforcement of any action against them by creditors. Thus it is necessary that the debtor concerned is identified by inclusion in the Register of Protective Certificates so as to alert creditors and to prevent unnecessary actions against the debtor on their part. The other benefit of inclusion in the Register of Protective Certificates is that it serves as a notification to a creditor that the debtor will be applying for a DSA or PIA.
Should a debtor, through their personal insolvency practitioner, successfully obtain a DSA or PIA, then that fact must be recorded in the appropriate Register. This provision, inter alia, alerts potential creditors should the debtor seek to obtain additional credit while subject to a DSA or PIA. There is no question of a debtor being named or shamed by being included in a Register.
It is intended that only the minimum necessary information should be recorded in the various Registers to fulfil their function. The naming of individuals involved in and obtaining the benefits of an insolvency process is standard practice in many jurisdictions around the world, including in the United Kingdom.
However, I am aware of the need to add further relevant provisions in regard to the operation of the registers and my Department, in consultation with the Office of the Attorney General, is preparing the necessary amendments for approval by Government and presentation to the Oireachtas in the very near future. It is intended that the relevant amendments will be incorporated in the Courts Bill 2013 which is presently being processed through the Houses of the Oireachtas.
