Bernard Durkan (Kildare North, Fine Gael)

I support the amendment on the basis set out by my colleagues. The principle of an attachment of earnings is arbitrary because it does not take account of an individual's circumstances. As the previous speaker said, there is no consideration of the particular personal circumstances of the householder or farmer concerned. He or she could well be in serious financial difficulty and he or she might be left penniless, with his or her entire financial support for the year cut off at a critical time.

I am not sure that this provision, even if written into the legislation, would be constitutional. As far as I can recall, the courts made previously made reference to a company arbitrarily deducting arrears at source, notwithstanding that the moneys were owed. I cannot recall the particular instance but the courts made a decision in this regard. There could be difficulties with regard to the provision and constitutional difficulties with regard to the points raised by my colleagues.

Notwithstanding the fact that the Minister of State is very nice and that we on this side all love him, we hope he will not be very long on that side of the House because he needs to have a rest on this side. We will do our utmost to ensure that happens.

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