Alan Shatter (Dublin South, Fine Gael)
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I move amendment No. 2:

In page 4, line 13, after “section 14(1)” to insert “, including such an order as varied under section 14(4)(a)*”.

The Bill makes provision for a change in a person's employment status after an attachment order is made. However, it does not cover the situation where a person remains in employment but is on lower earnings or is off pay. For example, a person may become ill and though remaining in employment may be temporarily off pay or not in receipt of payment. The same could arise with regard to maternity or carer's leave. In this scenario the person would still be in employment but his or her earnings may not be sufficient to meet the obligations under the attachment order. The amendments in this group are designed to address this gap in the Bill by providing for the variation of an attachment order where the change in a person's earnings is temporary and for the revocation of the order where the change is of a more permanent nature. This is an important issue which needs to be addressed in the substance of the Bill.

Amendment No. 12 is the important amendment. It provides for the insertion of a new subsection (4) in section 15. The new subsection provides for the employer to advise the court when it determines that a person's earnings are, for whatever reason, insufficient to satisfy the attachment order previously made. Amendment No. 11 amends section 14 to allow for the making of a variation order which varies the original order to take account of changed circumstances where advised by the employer under the new section 15(4). If the changed circumstances are such that it is unlikely that the person's earnings will become sufficient in the future to satisfy the order the court can move to the other option in the Bill which is the alternative option of community service, where appropriate, or imprisonment. In circumstances where an individual's finances had changed so that he or she was unable to make payments, the natural order would be a residual community service order if the court deemed it appropriate. If the sum outstanding on a fine was very small, such as €20 or €30, I would expect in the circumstances that the court would accept the position. This amendment gives the court discretion to deal in a sensible and humane way with individuals who find themselves in such a situation.

Amendments Nos. 2, 9,10, 13 and 14, are mainly technical amendments to take account in other sections of the amendments to sections 14 and 15. Amendment No. 13 amends subsection 16(2) in like regard. It inserts the words, "in the interests of justice" at the end of the subsection. In the normal course where an attachment order has not been satisfied, the person is summoned to court under subsection 16(3). Either a community service order is made or the person is imprisoned. However, subsection 16(2) allows the court not to proceed to these options if the person pays the fine or if the court decides otherwise. The intention is that the court would exercise its discretion in the interests of justice and the addition of these words at the end of the subsection makes it clear that the judge has a discretion as to how to approach the matter in the context of the individual circumstances of the individual affected.