Charles Flanagan (Laois-Offaly, Fine Gael)

I do not have any objection to this amendment but wish to make two points on it. It appears to be a fairly standard provision referring to the service documents. If it is so standard, why was it omitted in the first instance?

There is a bigger issue here in regard to the service of documents, in particular the time honoured service of documents by registered post. We have experienced a greater level of social and economic mobility and a change to workforce patterns to the extent that a person's principal private dwelling, to which the service of documents is generally rendered, is usually unoccupied giving rise to a real issue about the service of documents, in particular registered post.

All Members will be aware that the system operated by An Post is such that if nobody is home, a slip is placed through the letter-box requesting the person to whom the notice is addressed to call to the local post office, or sorting office in the case of larger towns. That is not often done and letters may be lying around for days. Letters are returned to sender in numbers which are unprecedented. That was not the case in the past, so it is an issue.

I wonder about an alternative mode or substituted service becoming more the norm than the exception. Currently, substituted service can only be done after an application to the District Court. It is cumbersome, can take some time and it is not very straightforward. I wonder about the possibility of change in this area, notwithstanding what the Minister will say about the important nature of the service reflecting the important nature of the document.

The Minister said the rules committee is actively engaged in this. Will he ask it to look at the service of documents? The registered post is not as it was 40 years ago, or even ten years ago, and I believe it is unsatisfactory. I am conscious that the service of a document is not of the same import as the service of a birthday card or a letter. There is an issue here and I ask the Minister to ask the rules committee to look at it. Indeed, the Minister may have a view on it.

See this speech in context