Results 1,001-1,020 of 9,393 for speaker:Alex White

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: My point is simple and reasonable and I am sorry it is causing frustration to the Chair. It is not unreasonable for a Member of the House to have one sheet of paper that shows a list of the amendments we will be dealing with. This is not the fault of the Leas-Chathaoirleach and this is not directed at him by any means but there are four lists of amendments and we are being asked to figure...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: Would it be possible for the Leas-Chathaoirleach to read out the order in which it is proposed to take the amendments? We could then write them down and at least we would have some idea of what we are doing.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I also support Senator Regan's amendment. In particular, I echo what Senator Bacik said about the detail and care that has gone into drafting this amendment. It cannot be said that Opposition parties have not taken care with the details of the alternatives to imprisonment for non-payment of debts that are being brought forward. Rather than simple debating points, great clarity, care and...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: Sounds good.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I reiterate the startling point made by Senator Regan. It is not a point that can simply be grouped with all the other various points made on this side of the House and set aside by the Minister of State on the basis that this would be dealt with more comprehensively in subsequent legislation. I will only make this point because very often when we make five, six or seven points, the one...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I am delighted the Minister of State is accepting this amendment, which is a rare occurrence these days. Notwithstanding the importance of this legislation and indeed of all legislation, this issue is relatively less important than the weighty questions with which we have been dealing. It is almost akin to a typographical error in the sense that two sections rather than one are being...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I support Senator Bacik's amendment and support it for the reasons she has outlined. The point she made at the end of her contribution was a particularly compelling one: in the spirit of ensuring that debtors and persons subject to court procedures have all relevant information available to them, the risks of their situation and the possibilities of resolution should be outlined at every...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I understand but I do not accept the notion of balance the Minister of State is advocating. A person has the right to apply to have the order varied. No question arises in that respect. The point is, however, that the person will not be provided with this information in the summons. The balance for which the Minister of State argues is that it would create imbalance if the debtor were to...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I move amendment No.2: In page 4, between lines 5 and 6, to insert the following: "(3) Where a judge of the District Court is satisfied that the debtor is avoiding personal service, the judge may make such order as is appropriate to compel the attendance of the debtor before the Court.". It has been correctly stated during the course of these debates that creditors also have rights. Most of...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: The Minister of State's comments are very helpful. I would like to respond to the perfectly reasonable points made by Senator O'Donovan. I draw his attention and that of the Minister of State to an aspect of this debate. Senator O'Donovan is right to point out that there are other means of service. It is within the jurisdiction of judges to make those kinds of orders. However, it seems...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: No.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: It is very helpful that the Government has tabled this amendment. We should not forget that, as Senator Bacik pointed out, this is an amendment of some substance. It is not merely a technical matter. Senator Bacik was right to point out that the amendment changes the force of this section, perhaps not dramatically but certainly for the better.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I formally express my support for the amendment.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I move amendment No. 3: In page 6, line 39, after "order" to insert the following: ", being the amount specified in that behalf in the order under subsection (7)(c) or (d)". I am proposing the insertion of a phrase, as specified in my amendment, at the end of section 6(10)(b) so that it will read: "Where a debtor is imprisoned on foot of an order made under subsection (7)(c) or (d), he or she...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: It may be implicit but it is best in these matters that these types of issues are explicit. There is certainly residual doubt in my reading of the two paragraphs. It would hardly cause a difficulty for the Minister of State to amend the Bill to ensure that there is a "belt and braces" effect, so that his confidence that it is already covered may be augmented and confirmed absolutely beyond...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I move amendment No. 4: In page 6, to delete lines 45 to 48 and substitute the following: "(12) Failure by a debtor to comply with subsection (5)(a)(ii), without reasonable excuse, constitutes contempt of court, and the District Court judge may deal with the matter accordingly.". This is a rather odd formulation in the Bill in respect of contempt of court. I am not sure whether I have seen...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: The amendment, as set out in the list of amendments, does not include the phrase, "for the avoidance of doubt". The version I have does, but that is a case of my gremlins, not those of the Minister of State.

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I am very grateful to the Minister for taking that on board. I will not speculate on whether he would have accepted the amendment had it included the words, "for the avoidance of doubt".

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I share the surprise of my colleagues on this provision, particularly 9(2). It begs more questions than it answers. The first and most obvious question is why the Minister is being given the power to consult with a judge. What is the purpose? Senator Bacik is correct that there is already a role for the Executive in releasing persons from detention in different contexts. Why would the...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Committee Stage (7 Jul 2009)

Alex White: I accept it is relevant that it is in the 1940 Act. However, given the opportunity we have as legislators to take it out, we should grasp that opportunity, unless a case can be made for it. If the Minister has a case for its inclusion, this is the time for that case to be made afresh. Senator Bacik said she doubts if the provision has ever been used and she is probably right. However, if...