Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 9:

In page 6, between lines 30 and 31, to insert the following:“ “personal public service number” has the same meaning as it has in section 262 of the Act of 2005;”.

These Government amendments are all related to the service of documents. The Bill currently makes reference to the service of documents by the court or that notifications are made to the court when a debtor changes employment. However, this approach is not consistent and, on further reflection, examining other civil law matters in which documents are served on one party by another, I have decided to change it. The court will not be involved in such matters and these amendments address this issue, which a number of Deputies have raised.

Amendment No 9 inserts the definition of “personal public service number”, PPSN, into the Bill. Amendment No. 21 makes clear that the documents served on the debtor under section 6 shall be accompanied by a statement of the debtor’s means. Amendment No. 24 is related and clarifies the intention of section 7(2)(c) regarding the statement of means.

Amendment No. 25 provides for service of the statement of means on the judgment creditor by the judgment debtor rather than the court and, where applicable, the verifying certificate attached to the statement of means. Importantly, it provides that the debtor’s PPSN is not to be disclosed to the creditor.

Amendments Nos. 26, 37, 50, 53 and 57 are consequential technical amendments. Amendment No. 35substitutes section 11 of the Bill with new text which sets out clearly the requirements for the service of documents in relation to an attachment of earnings order made under section 10. The judgment creditor, and not the court, serves the order on the person to whom it is directed. Amendment No. 40removes the reference in section 13(3) to notifying the court. The debtor’s new employer is required to notify the creditor, not the court.

That is the description of the servicing of documents, who is responsible and how it is to be done.

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