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Dáil Éireann Vol. 901 Tuesday, No. 1 15 December 2015 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) 5/12/Bankruptcy (Amendment) Bill 2015: Order for Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 15/12/2015A00400Bankruptcy (Amendment) Bill 2015: Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 2 15/12/2015N00300Bankruptcy (Amendment) Bill 2015: Committee and Remaining Stages � � � � � � � � � � � � � � � � � � � � � � � � � � 30 1/2015T00100Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 30 15/12/2015T00200Priority Questions� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 31 15/12/2015T00250National Broadband Plan Implementation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 31 15/12/2015T01150Energy Policy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 33 15/12/2015U00875Renewable Energy Generation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 35 15/12/2015V00600Renewable Energy Feed in Tariff Scheme Funding � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 37 15/12/2015W00400Alternative Energy Projects � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 39 15/12/2015X00700Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 41 15/12/2015X00800National Broadband Plan Implementation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 41 15/12/2015X03000Hydraulic Fracturing Policy � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 43 15/12/2015Y00650Energy Policy� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 45 15/12/2015Z00550Renewable Energy Incentives � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 47 15/12/2015AA00050Hydraulic Fracturing Policy � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 49 15/12/2015AA00800Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 50 15/12/2015AA01000Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 51 15/12/2015DD01400Ceisteanna - Questions (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 58 15/12/2015DD01500Cabinet Committee Meetings � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 58 15/12/2015JJ01650Cabinet Committee Meetings � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 68 15/12/2015KK01000Message from Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 15/12/2015KK01200Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 71 15/12/2015NN01200Dying with Dignity Bill 2015: First Stage� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 79 15/12/2015OO00100Access to Public Services and Banking other than by Electronic Means Bill 2015: First Stage � � � � � � � � � � � 80 15/12/2015OO01000Planning and Development (Amendment) (No� 2) Bill: First Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 82 15/12/2015OO01800International Protection Bill 2015: Financial Resolution � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 83 15/12/2015PP00200Topical Issue Debate � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 83 15/12/2015PP00250National Positive Ageing Strategy Implementation � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 83 15/12/2015PP00650Hospital Services � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 85 15/12/2015RR00150Flood Relief Schemes Applications � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 88 15/12/2015SS00600Flood Prevention Measures � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 91 15/12/2015UU00300Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015 [Seanad]: Report Stage (Resumed) � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 96 15/12/2015VV00300Message from Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 98 15/12/2015VV00500Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 98 15/12/2015JJJ002001916 Quarter Development Bill 2015: Second Stage [Private Members] � � � � � � � � � � � � � � � � � � � � � � � � � 127 DÁIL ÉIREANN Dé Máirt, 15 Nollaig 2015 Tuesday, 15 December 2015 Chuaigh an Leas-Cheann Comhairle i gceannas ar 11a�m� Paidir. Prayer. 15/12/2015A00100Bankruptcy (Amendment) Bill 2015: Order for Second Stage An Act to reduce the term of bankruptcy and bankruptcy payment orders in certain cir- cumstances; to provide for the automatic re-vesting in the bankrupt of his or her family home, shared home or principal private residence in certain circumstances; and for those and other purposes to amend the Bankruptcy Act 1988� 15/12/2015A00200Minister for Justice and Equality (Deputy Frances Fitzgerald): I move: “That Second Stage be taken now�” Question put and agreed to� 15/12/2015A00400Bankruptcy (Amendment) Bill 2015: Second Stage 15/12/2015A00500Minister for Justice and Equality (Deputy Frances Fitzgerald): I move: “That the Bill be now read a Second Time�” I am very pleased to introduce the Bankruptcy (Amendment) Bill to the House today and I look forward to hearing Deputies’ contributions� I would like to begin by highlighting the main objectives of this Bill� First, it provides for several key changes to bankruptcy law in Ireland� These are that the normal duration of bankruptcy is reduced from three years to one year; the normal duration of a bankruptcy payment order, which concerns the payments a court may direct the bankrupt person to make towards his or her creditors, is reduced from five to three years; and a bankrupt person’s legal interest in his or her home will revest in him or her after three years, subject to certain exceptions. These significant changes will ease the impact of bankruptcy on the large majority of bankruptcy cases who did not seek to go bankrupt and who have co-operated in an open manner with the bankruptcy process and handed over income and assets towards repayment of debts� In such a situation, the bankrupt person will be able to exit bankruptcy and return to normal economic activity much more quickly in line with the position in England, Wales or Northern Ireland� Second, the Bill provides for significant sanctions to deter and penalise any bankrupt person who do not co-operate with the bankruptcy or who tries to conceal his or her income or assets from creditors� In such cases, the High Court will retain the power to extend the bankruptcy term to up to eight years and to extend the duration of a bankruptcy payment order to up to five years� In addition, a new provision will allow the High Court to extend the bankruptcy term to up to 15 years where it is satisfied that there has been particularly serious non-co-operation or 2 15 December 2015 concealment� Third, the Bill modernises key aspects of bankruptcy procedures� It will abolish the out- dated requirement for a statutory sitting of the court in all bankruptcy cases, provide an effec- tive power for the official assignee to disclaim onerous properties and ensure that the official assignee has clear powers to demand and investigate electronic records relating to a bankrupt’s assets and affairs� While these changes are procedural, they are nevertheless vital as they will remove unnecessary costs and delays, free up court time and resources and allow more effi- cient and effective bankruptcy administration� Fourth, the Bill sets out appropriate transitional arrangements so that people already in bankruptcy will also be able to avail of these reforms subject at maximum to a six-month transitional period� Before I set out the Bill’s provisions in more detail, I would like to note that the overall thinking behind the Bill has been influenced in particular by the Private Members’ Bill
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