Personal Insolvency Consultation

In early 2017, the Department of Justice and Equality sought the views of interested parties on the operation of Part 3 of the Personal Insolvency Acts 2012 - 2015. 

Part 3 of the Personal Insolvency Acts provides for the definition and operation in practice of the three protected debt resolution processes for insolvent individuals which were introduced in 2012: 

 

Part 3 also provides for: 

 

Further amendments were enacted in 2013 and in 2015, including changes, in Part 3, to the Debt Relief Notice and the new Court review in certain personal insolvency cases.  

The consultation took place in response to section 141 of the Personal Insolvency Act 2012, which requires the Minister for Justice and Equality (in consultation with the Minister for Finance) to review the operation of Part 3 and to report on its outcome to both Houses of the Oireachtas. This consultation was intended to give stakeholders an opportunity to make known their views on the operation to date of Part 3. 

Submissions were specifically invited on the thresholds and processes under Part 3 for Personal Insolvency Arrangements (including for insolvent persons who are unincorporated small or medium entrepreneurs) and on whether these should be changed. The Government had committed to review this issue, under the Programme for Partnership Government. 

The closing date for submissions was Friday 30 June 2017. 

A copy of the submission by the Insolvency Service of Ireland is available here

 

Consultation on Insolvency Directive

In early 2017, the Department of Justice and Equality and the Department of Jobs, Enterprise and Innovation ran a joint consultation seeking views of interested parties on a recent proposal by the European Commission. 

The proposed Directive seeks to harmonise, for the first time, substantive provisions of national laws and frameworks across Member States in the area of business insolvency. It covers both company debts, and the debts of an over-indebted person who is or was carrying on a trade, business, craft or profession. Each Member State also has an option, under the proposal, to extend the proposal’s application to over-indebted persons with non-business debts. 

The proposal would affect Irish personal insolvency and bankruptcy law, as well as company insolvency law (including examinership).  

The Oireachtas Joint Committee on Justice and Equality also sought the views of the Insolvency Service of Ireland on this matter.

 

The Insolvency Service of Ireland submissions are set out below: 

Consultation on proposed Insolvency Directive Joint Oireachtas Committee

Letter to DJE with Submission 31 Jan2017

Letter to Joint Oireachtas Committee with Submission 31 Jan 2017

 

Further details of the proposed Directive are below: 

EU Country Factsheet

EU Press Release

EU Proposal

EU Q&A

EU Factsheet 

EU Impact Assessment INsolvency Proposal