Barristers and solicitors reappointed to insolvency practitioners complaints panel

The Department of Justice and Equality wrote to all 18 members of the inaugural panel, established under section 177 of the Personal Insolvency Act 2012, to ask them if they were willing to be considered for reappointment for a further five-year term.

A spokesperson for the Department told Irish Legal News that all but one member agreed to reappointment to the panel, which is now proceeding with just 17 people.

It includes solicitors Paul Brennan, Alec Gabbett, Bill Holohan, JP McDowell, Frank Nyhan and Helen O’Brien; barristers Lynn Fenelon, Elaine Greer, Imelda Kelly and Brian Walker; accountants Martin Kelly and Mary Nyhan; and retired public servants Seámus Butler and Sean Quigley.

The remaining three members are self-employed: Marie Doyle, health and safety advisor; Alan Howard, human resources consultant; and Mark Kane, arbitrator and Chartered Builder.

Under section 180(1)(b) of the Personal Insolvency Act 2012, where an inspector is appointed by the Insolvency Service of Ireland (ISI) to carry out an investigation into alleged improper conduct by a personal insolvency practitioner, a complaints committee will be appointed from the panel.

The committee will consider the inspector’s investigation report and determine whether the conduct of the practitioner in question constitutes improper conduct, and whether the appropriate sanction is a minor sanction or a major 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.