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 was chaired by the ISI. 

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 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.

 

Protocol Oversight Committee

A Protocol Oversight Committee was established in July 2015 to monitor how the DSA Protocol and PIA Protocol are working in practice and meets when required.  The Committee is made up of creditors and creditor representatives, personal insolvency practitioners and personal insolvency practitioner’s representatives, consumer and debtor representatives and the ISI itself.

Members as at 12 September 2018 are listed below.

 

Cormac Keating	Insolvency Service of Ireland
Paula Walsh	Banking and Payments Federation Ireland
Adrienne Browne	Bank of Ireland
Paddy Purtill	Revenue Commissioners
David Hall	Irish Mortgage Holders Organisation
Ronan Duffy	Personal Insolvency Practitioner
Michael Bolger	Irish Society of Insolvency Practitioners
Willie Dollard	Allied Irish Bank
John Hogan	Personal Insolvency Practitioner
Michael Peacock	Watch Portfolio Management
Breege-Ann Murphy	Irish League of Credit Unions
Tara Cheevers	Association of Personal Insolvency Practitioners
Mitchell O’Brien	Association of Personal Insolvency Practitioners
Annmarie O'Connor	MABS National Development Ltd.
Elaine Larke	Credit Union Development Association
Patrick Johnson	Court Service

Terms of Reference

The Protocol Oversight Committee is asked to:

• Monitor how the two Protocols are working in practice;

• Present relevant anonymised data, as required for the sole purpose of monitoring the operation of the Protocols;

• Give consideration to legislation that may impact the operation of the 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 Oversight Committee;

• Consider stakeholder comments when deciding on amendments to the Protocols;

• Make amendments to the two Protocols; and

• Work to encourage stakeholders to adopt the amendments.

 

Meeting Dates

The Protocol Oversight Committee has met on the following dates:

2nd July 2015

10th December 2015

26th May 2016

15th March 2017

12th September 2018

Update to DSA & PIA Protocols

The Protocol Oversight Committee agreed changes to both the standard DSA and PIA Protocols in July 2016.

The main changes included:

• Updates to the standard DSA Protocol to reflect wording used in the standard PIA Protocol;

• Updates to the Revenue clause of both the standard DSA and PIA Protocols to reflect Revenue policy.

The updated Protocols (July 2016 Version) are available for download here.