Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I move amendment No. 8:

In page 9, to delete lines 6 to 15 and substitute the following:“(e) whether the judgment debtor is obliged to make payments under a court order in force against him or her and, if so, particulars as to the payments concerned;”.

Amendment No. 8 proposes to replace the existing section 7(2)(e) with new text which provides that the debtor is required to declare in the statement of means all payments he or she is obliged to make under a court order.

The provisions of section 7(2)(e) did not cover the possibility that there may be court orders in existence relating to the debtor other than those related to the list of Acts mentioned. This revised text ensures the debtor will be required to provide more comprehensive detail to the court which will assist it in determining the debtor’s capacity to repay the debt.

I would emphasise that the obligation is to provide information to the court and not to the creditor or employer. It is in the interest of the debtor that the court has the fullest possible information on the existing obligations of the debtor since it will be able to decide in a fully informed way on what amount, if any, the debtor can afford to pay.