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Background

 

 

Background

In February 2014 the ISI hosted a conference in Dublin Castle attended by over 300 creditors and practitioners.  A major aim of the conference was to initiate the development of protocols for the DSA and PIA.  Having established protocols is in line with best practice in other jurisdictions and should make the insolvency application process both simpler and faster for creditors, practitioners and debtors.

At the conference the ISI called for expressions of interest in membership of the Debt Solutions Protocol Steering Group and the response was extremely encouraging.  The ISI considered it important that the interests of all stakeholders be represented and so the Debt Solutions Protocol Steering Group is made up of creditors and creditor representatives, personal insolvency practitioners and personal insolvency practitioners representatives, consumer and debtor representatives and the ISI itself.
 
In July 2014 the group finalised the standard DSA protocol which was accepted and implemented by all stakeholders. The PIA protocol was undertaken following the completion of the DSA protocol, and in December 2014 the group finalised the PIA protocol.

Members

Membership of the Debt Solutions Protocol Steering Group was drawn from among the various stakeholders:

  • Creditors and Creditor representatives;
  • Personal Insolvency Practitioners and Personal Insolvency Practitioners representatives;
  • Consumer/ debtor representatives; and,
  • The ISI. 

The Steering Group is chaired by the ISI. Membership is by invitation from the ISI and may be reviewed from time to time at the discretion of the Chair.

Following the completion of the DSA protocol, two members left the group: Ruth Fanning of New Begining and Anthony Joyce, PIP. In order that debtor representatives be maintained David Hall of the Irish Mortgage Holders Association and Paul Joyce of the Free Legal Advice Centres were invited to join the group.

Members as at completion:

Gavan Barlow

Michael Bolger

Tara Cheevers

Ronan Duffy

Ruth Fanning

John Hogan

Kevin Johnson

Anthony Joyce

Breege-Anne Murphy

Niamh Murphy

Mitchell O’Brien

Lorcan O’Connor

Michelle O’Hara

Greg O’Leary

Michael Peacock

Paddy Purtill

David Hall

Paul Joyce

Allied Irish Banks

Irish Society of Insolvency Practitioners (ISIP)

PIP and ACO Financial & Business Solutions Ltd.

PIP and McCambridge Duffy

New Beginning

PIP and Hogan & Co.

Credit Union Development Association

PIP and Anthony Joyce & Co. Solicitors

Irish League of Credit Union

Irish Banking Federation

PIP and Association of Personal Insolvency Practitioners

Insolvency Service of Ireland (ISI)

MABS National Development Ltd.

Bank of Ireland

Watch Portfolio Management Ireland

Revenue

Irish Mortgage Holders Association (IMHO)

Free Legal Advice Centre (FLAC)

 

As part of the work into the protocol, a separate Working Group was established to deal with the specific details of certain sections. The group was chaired by John Phelan of the ISI and the members of that group were:

Tara Cheevers

Ronan Duffy

Sinead Keaveney

Breege-Anne Murphy

Greg O’Leary

Paddy Purtill

PIP and ACO Financial & Business Solutions Ltd.

PIP and McCambridge Duffy

Bank of Ireland

Irish League of Credit Union

Bank of Ireland

Revenue


 Meeting Dates

 

The Debt Solutions Protocol Steering Group met on the following dates:

DSA:                                  PIA:

19/02/2014                         05/09/2014
05/03/2014                         15/10/2014
19/03/2014                         05/11/2014
25/03/2014                         26/11/2014
02/04/2014                         09/12/2014
09/04/2014
16/04/2014
30/04/2014
14/05/2014
11/06/2014

The Working Group met on the following dates:

DSA:                                  PIA:

24/02/2014                         30/07/2014
04/03/2014                         10/09/2014
11/03/2014                         08/10/2014
18/03/2014                         29/10/2014
25/03/2014
01/04/2014
08/04/2014
15/04/2014

Terms of Reference

The Steering Group was asked to:

  • Plan the drafting of a DSA protocol as an immediate priority, followed by the planning of the drafting of a PIA protocol;
  • Set the scope of the work to be undertaken in developing both protocols;
  • Create a project plan for achieving the work to be undertaken;
  • Establish working groups, where these are necessary to progress discrete work streams;
  • Agree how any working groups established will report to the Steering Group;
  • Agree standard non proposal-specific terms and conditions for straightforward DSAs and PIAs;
  • Consider stakeholder comments when developing the DSA and PIA protocols for  straightforward DSAs and PIAs;
  • Finalise the DSA and PIA protocol and the standard terms and conditions;
  • Request sign off on both protocols from all required stakeholders; and
  • Work to encourage stakeholders to adopt these.

The Working Group was asked to:

  • Examine issues which required further analysis before agreement could be reached;
  • Report back to the Steering Group on its findings.