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Civil Debt (Procedures) Bill 2015: Report Stage (16 Jul 2015)

Frances Fitzgerald: I move amendment No. 2:In page 5, line 8, after “1872” to insert “and section 6 of the Enforcement of Court Orders Act 1940”.

Civil Debt (Procedures) Bill 2015: Report Stage (16 Jul 2015)

Frances Fitzgerald: I move amendment No. 4:In page 5, between lines 24 and 25, to insert the following:“ “credit” has the meaning it has in section 2(1) of the Consumer Credit Act 1995;”.The amendments are required to improve the final draft of the Bill. The main amendment is the refinement of the definition of "debt" and the new definition of "credit". It is important that the...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: I move amendment No. 5:In page 5, to delete lines 25 to 31, and in page 6, to delete lines 1 to 3 and substitute the following:“ “debt” does not include a debt for repayment of credit provided to the debtor—(a) by a person pursuant to an authorisation to provide credit in the State granted by the Central Bank of Ireland or an authority that performs functions in...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: I move amendment No. 7:In page 6, between lines 4 and 5, to insert the following:“ “earnings” means any sums payable to a person—(a) by way of wages or salary (including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary or payable under a contract of service), and (b) by way of pension or other like benefit in...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: I move amendment No. 8:In page 6, line 14, to delete “(“judgment debtor”)”.

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: 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...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: 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...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: 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...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: 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...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) (16 Jul 2015)

Frances Fitzgerald: As I said, the Bill is fully balanced between creditor and debtor. There is a strong assessment of affordability. Clear representations can be made to the court by the debtor. There are many protections for the debtor, including the assessment of means. This is one of a suite of measures recommended by the Law Reform Commission. It is quite clear that debt enforcement and the recovery of...

Referendum (Amendment) Bill 2015: First Stage (16 Jul 2015)

Frances Fitzgerald: No.

Banded Hours Contract Bill 2015: First Stage (16 Jul 2015)

Frances Fitzgerald: No.

Coroners (Amendment) Bill 2015 [‘Jake’s Amendment’]: First Stage (16 Jul 2015)

Frances Fitzgerald: No.

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) and Final Stage (16 Jul 2015)

Frances Fitzgerald: The definition of judgment debt already covers the costs associated with getting a judgment against the debt in the first place. The Bill as drafted does not make it sufficiently clear that the costs which relate to an application for an attachment of earnings order or a deduction from payments order can be included in the order the court makes under section 10 or section 16. The...

Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) and Final Stage (16 Jul 2015)

Frances Fitzgerald: In accordance Standing Order 140, I would be obliged if the Leas-Cheann Comhairle would direct the Clerk to make the following minor drafting corrections to the text of the Bill: on page 9, line 21, to remove “or” at the end of the line - this was inserted by amendment 24 today; on page 14, line 2, to insert a comma after “or” to now read “or, as the case...

Appointment of Chairperson of the Garda Síochána Ombudsman Commission: Motion (16 Jul 2015)

Frances Fitzgerald: I move:That Dáil Éireann, noting that, in order to fill a vacancy caused by the resignation of Mr. Simon O'Brien as the chairperson of the Garda Síochána Ombudsman Commission, the Government on 30th June, 2015 nominated Judge Mary Ellen Ring for appointment by the President to be a member of the Ombudsman Commission and to be its chairperson, recommends, pursuant to...

Appointment of Chairperson of the Garda Síochána Ombudsman Commission: Motion (16 Jul 2015)

Frances Fitzgerald: Yes. I understand.

Written Answers — Department of Justice and Equality: Alcohol Sales Legislation (16 Jul 2015)

Frances Fitzgerald: The position is that the Government Legislation Programme published on 14 January provides for future publication of the Sale of Alcohol Bill. This Bill will update the law relating to the sale, supply and consumption of alcohol in licensed premised and registered clubs. It will repeal the Licensing Acts 1833 to 2011, as well as the Registration of Clubs Acts 1904 to 2008, and replace them...

Written Answers — Department of Justice and Equality: Departmental Strategies (16 Jul 2015)

Frances Fitzgerald: The commitments and priorities set by Government form the main priorities for the work of my Department for the remainder of this Government's term of office. My Department's Statement of Strategy published in April last also provides an overview of priorities for the period 2015-2018 inclusive. Completing delivery of the comprehensive Reform Programme aimed at enhancing the administration...

Written Answers — Department of Justice and Equality: Prison Staff (16 Jul 2015)

Frances Fitzgerald: I propose to take Questions Nos. 360 and 361 together. I am informed by the Director General of the Irish Prison Service that it is bound by the guidelines for the award of added years for pension purposes as provided by the Department of Public Expenditure and Reform and by the Public Service Superannuation (Miscellaneous) Act 2004. Officers must be certified by the Chief Medical Officer...

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