Joanna Tuffy (Dublin Mid West, Labour)

I move amendment No. 20:

In page 81, after line 46, to insert the following:

"(5) Section 24 of the Act of 1994 is amended by the insertion after subsection (10) of the following subsection—

"(11) A court may on or at any time after an application under this section direct the respondent to the application to deliver a statement of his or her income and assets, but such a statement shall not be admissible in evidence against the person for any offence other than an offence of contempt of court arising from a breach of an order under this subsection.".".

The reason we propose to insert the subsection is that there is a loophole to the effect that the court cannot direct a defendant in a restraint order application to file a statement of assets. That power exists in a confiscation application under section 11 but not at the freezing order stage. In the United Kingdom, the courts have held that such a power is essential. On Committee Stage the response of the Minister was that it was outside the scope of the Bill, but what we want to find out is what is the Minister's plan for dealing with the loophole to which we drew attention by tabling the amendment.

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