Dáil debates

Thursday, 16 July 2015

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed)

 

11:20 am

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

I repeat that there is balance in the Bill. It follows on from the recommendations of the Law Reform Commission.

The very important aim of the Bill is to do away with the imprisonment of debtors. That is a key principle and it is fully covered. I have read some documentation that suggests it is not, but it is fully addressed in the Bill. People who cannot afford to pay will not have to pay. That is a very important principle, which is why we have the assessment of means. The court has full authority to look at the means of a person and make very reasonable judgments on what he or she can afford. This is straightforward legislation which allows for this. We must deal with those who owe money but will not pay. The Law Reform Commission in its report acknowledged the need for creditors to recover their debts, in particular where a debtor has the capacity to repay but refuses to engage meaningfully with the creditor. That is what the Bill is about. We are taking the LRC's report and implementing the key recommendation in relation to the imprisonment of debtors and adding to the suite of measures available by ensuring an attachment of earnings order can be made.

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