The Minister for Justice, Equality and Defence, Mr Alan Shatter TD, today announced that he has appointed 18 persons to a Panel from which, from time to time, a Personal Insolvency Practitioners Complaints Committee will be appointed as required under the provisions contained in section 177 and Schedule 3 of the Personal Insolvency Act 2012*. The term of office of the Panel will run until 31 December 2018.
Speaking today, Minister Shatter said “I am delighted to announce the appointment of the PIPs Complaints Panel which is another important step in the ongoing implementation of the Personal Insolvency Act 2012. This Committee will play a fundamental role in ensuring that if a complaint of improper conduct is made against a PIP, it will be properly considered and that where improper conduct is found, that the appropriate sanctions under the Act will be imposed. I was very pleased to note the very high quality of all of the persons who submitted an expression of interest in relation to membership of the Panel.”
Details in relation to the 18 individuals being appointed to the Panel is set out below. Expressions of interest for inclusion on the Panel were sought on 10 September, 2013 and information in relation to the statutory functions of the Personal Insolvency Practitioners Complaints Committee, and the qualifications required for membership of them, were made available on the websites of the Department of Justice & Equality (www.justice.ie), the Public Appointments Service (www.publicjobs.ie) and of the Insolvency Service of Ireland (www.isi.gov.ie).
It might be noted that there is no remuneration attaching to recruitment to the Panel. However, a daily rate and travel and subsistence expenses will be payable in respect of attendance at meetings of any Personal Insolvency Practitioners Complaints Committee which may be convened from among those persons recruited to the Panel.
Persons being appointed to the PIPs Complaints Panel
· Mr Paul Brennan, Solicitor
· Mr Seamus Butler, Retired Public Servant
· Ms Marie Doyle, Self-employed Health & Safety Advisor
· Ms Lynn Fenelon, Barrister
· Mr Alec Gabbett, Solicitor
· Ms Elaine Greer, Barrister
· Mr Bill Holohan, Solicitor
· Mr Alan Howard, Self-employed Human Resources Consultant
· Mr Mark Kane, Self-employed Arbitrator and Chartered Builder
· Ms Imelda Kelly, Barrister
· Mr Martin Kelly, Accountant
· Mr JP McDowell, Solicitor
· Mr Frank Nyhan, Solicitor
· Ms Mary Nyhan, Accountant
· Ms Helen O’Brien, Solicitor
· Ms Vicky Pigot, Solicitor
· Mr Sean Quigley, Retired Public Servant
· Mr Brian Walker, Barrister
16 December 2013
ENDS
Notes for Editors
* The Personal Insolvency Act 2012 was signed into law by the President on 26 December 2012. It provides for:
§ Three new non-judicial debt settlement arrangements as follows:
i. A Debt Relief Notice to allow for the writing-off of debt, subject to conditions, up to €20,000 for persons of no assets – no income, subject to a supervision period of 3 years;
ii. A Debt Settlement Arrangement for the agreed settlement of unsecured debt (no limit applies to provide maximum flexibility) normally over a period of 5 years;
iii. A Personal Insolvency Arrangement for the agreed settlement of both secured up to €3 million (though the upper limit can be increased by agreement of creditors) and unsecured debt (no limit) normally over a period of 6 years.
§ Reform of the Bankruptcy Act 1988; critically to provide for the automatic discharge from bankruptcy, subject to certain conditions, after 3 years; and
§ The establishment of the new Insolvency Service of Ireland to operate the new non-judicial insolvency arrangements.
Personal Insolvency Practitioners Complaints Panel
The Act also provides for the establishment of a Panel from which Personal Insolvency Practitioners Complaints Committees may be appointed as provided for in Section 177 and Schedule 3 of the Act. Schedule 3 provides that the Panel shall be comprised of at least 7 persons, each of whom shall have relevant experience or special knowledge which will enable him or her to carry out his or her functions under the Act. The Act requires that at least two of the persons appointed to the Panel shall be a solicitor or barrister.
Personal Insolvency Practitioners Complaints Committee
Where an Inspector is appointed by the Insolvency Service of Ireland (ISI) under Section 180(1)(b) of the Personal Insolvency Act 2012 to carry out an investigation into alleged improper conduct by a Personal Insolvency Practitioner (PIP), the ISI shall request the Minister for Justice & Equality to appoint a Complaints Committee from the Panel.
The Act provides for the Committee to receive the final form of the Investigation Report from the Inspector and to consider the matter. Pursuant to Section 182 of the Act, the Complaints Committee shall make a determination as to whether the conduct of the PIP constitutes improper conduct. The Complaints Committee may conduct an oral hearing where it is of the opinion that for the purposes of observing fair procedures it is appropriate to do so.
Where improper conduct is found, the Complaint Committee will determine where the appropriate sanction is a minor sanction or a major sanction. If a minor sanction is proposed, the Complaints Committee will determine which of the sanctions specified in Section 159 of the Act is the appropriate one in the circumstances of the case and shall impose that sanction. Where the Committee determines that the appropriate sanction is a major sanction it shall refer the matter to the High Court and make a recommendation as to the appropriate sanction.