A NEW DAWN OR MORE OF THE SAME - DEBT IN IRELAND

Most people are aware at this stage that the new insolvency laws are about to come into play in Ireland in the next few weeks.  The idea behind the new system is that the options for debtors within the scheme will allow households to gain control of their finances and deal with the uncontrollable debt problem in society.  Ireland historically over the last generation has had a very punitive system in place in terms of dealing with insolvency matters, and although some would view the new rules as some way off a solution, I suppose it’s a step in the right direction.

Our business GDP partnership set up a debt advisory team in 2010 and we have been very successful with this model in Northern Ireland over the last few years; typically bringing solutions on behalf of borrowers to creditors, mostly institutions.  Although the banks are particularly difficult to deal with we would have seen a seismic shift in their attitudes along the course of the last few years.  The insolvency system in the UK works quite well, and generally if Mediation by our team is hitting a brick wall then our clients will avail of the options at their disposal under the insolvency laws. The huge difference between the insolvency laws In the North is that they have been working more than twenty years – the huge challenge facing the South of Ireland is that a completely new system is just about to be introduced.  Having spent some time studying the options available to deal with the debt overhang, it’s very clear in my view, that in the short to medium term there will be organised chaos in the weeks and months ahead.  Over the past few months I have spoken with a number of legal, accountancy and insolvency firms in Republic of Ireland, and the feedback on the new rules is overwhelmingly negative.  Under the new system there will be two key players 1) Approved Intermediary and 2) Professional Insolvency Practitioner.  The AI deals with the lower end unsecured debt and the PIP will be dealing with the secured and unsecured debt.  Last week the ISI handed out 14 PIP licences to the first batch of professionals and the idea is that over the next few months, more PIPs will get their licence to practice.  The success of this new system in my mind lies with the attitudes of the banks in Ireland.  Very simply if they do not play ball and accept the proposals put forward by the borrowers, the system will spectacularly fail.  This is at the heart of my concerns and is a very real possibility.  In my experience the bank will not want to be dragged into a personal insolvency arrangement and worse bankruptcy case.  They will want to get their pound of flesh out of their customer on a one to one basis. This is power for the course in Northern Ireland and will be duplicated in the South of the country.  It’s very straight forward from my point of view.  If the banks do not pay ball then they need to be held accountable by the Central bank who is telling anyone who wants to listen that the banks will be working positively with the new rules. I am not so sure about this given my experience of the past few years.

The key for me in all of these things is education.  Education for the borrower around the options, banks policy and devising a plan that is best for them and their family.  Make no mistake about it; the island of Ireland has way too much debt, from a sovereign, SME and personal point of view.  We will not recover and move forward as a nation to the debt overhang is dealt with.  For me this will take a minimum of five years, and unless the banks in the country toe the line and start being proactive and more transparent in how they run their business, the pain will continue for some time yet.  I will be watching with interest how the next few months go in terms of the new framework now in place.

Conor Devine MRICS