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

Debt enforcement and recovery of moneys owed is part of any normal economic activity. The provisions in the Bill are in line with many other countries in terms of this issue. The Bill makes sure that those who owe money and have the capacity to pay something towards the debt should do so.

On Second Stage, I went into a lot of detail on how the debtor is protected. I repeat that this follows the Law Reform Commission recommendations. It is one of a suite of measures for the enforcement of debt. Clearly, there are also other mechanisms. Before ever getting to the point where there would be an attachment, there is a series of other opportunities for the debtor to pay. There are all the normal reminders; there is the need to go to court to get the judgment on the debt; and there are options for instalments. There is a variety of measures for debt enforcement and recovery of moneys, and this amendment adds to them.

The provisions of the Bill will be available to a wide range of creditors and utilities, including Irish Water. In this section, I am making very clear that the debtor's PPSN is not to be disclosed to the creditor. That is important. As in any court case, there will be the usual exchange of documents. It would be inappropriate to have a blanket prohibition. It is up to the courts.

I do not agree with Deputy Murphy that this is a change in balance. The Bill is fully balanced between creditor and debtor. The assessment of affordability is key. A baseline has been agreed with the Minister for Social Protection on social welfare payments. There is an assessment of affordability, strong representation to the court by the debtor and, if the circumstances of either party change after the agreement, there is provision in the Bill to return to court and vary the order. We will be discussing the amendments pertaining to the variability order later.

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