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

I move amendment No. 10:

In page 6, between lines 32 and 33 to insert the following:“relevant total amount” means in relation to a relevant order, the total amount specified in the order as being payable under the order to the judgment creditor concerned;”.

These amendments relate to costs and how costs are dealt with in regard to the debt amount. The Bill did not provide sufficient clarity on how costs which arose in an application under the Bill were to be treated. The definition of "judgment debt" deals with the costs which arise in seeking the judgment order in relation to the debt.

Amendment No. 10 inserts a new definition of "relevant total amount" which is the total amount specified in the order as being payable under the order to the judgment creditor concerned. Amendment No. 32 introduces this new term into section 10, which deals with the making of an attachment of earnings order. Amendment No. 46 introduces the term in section 16, which deals with the making of a deduction from payments order. Amendment No. 30 makes clear that it is the costs which arise in relation to an application under section 6 which are being referred to here.

Amendments Nos. 31 and 45 are similar. Amendment No. 31 inserts a new subsection (5) in section 10 while amendment No. 45 inserts a new subsection (4) in section 16. These new subsections make clear that an attachment of earnings order or a deduction from payments order may direct that the costs of an application under section 6 may be included in the total amount to be repaid. Amendments Nos. 33 and 48 are similar. They insert a new subsection (5) in section 10 and new subsection (4) in section 16. These new subsections make clear that the amount being paid off by the debtor is still the original debt amount plus any costs which have been added on. Amendment No. 63, which seeks to delete section 23, arises as a consequence of amendments Nos. 33 and 48. I am advised by the Parliamentary Counsel that it is preferable to deal with these matters in the sections themselves and that section 23 of the Bill should be deleted as a consequence. This relates to the costs that arise during the court case and outlines how they need to be dealt with regarding the original debt.

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