Results 721-740 of 1,591 for speaker:Eugene Regan

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Report and Final Stages (8 Jul 2009)

Eugene Regan: I move amendment No. 4: In page 5, between lines 26 and 27, to insert the following: "(c) If he or she considers it appropriate, where another person is indebted to the debtor or the debtor is in receipt of payments from such third person by reason of employment or otherwise, make an order that all debts or payments owing and/or accruing from such third person to the debtor shall be attached...

Seanad: Enforcement of Court Orders (Amendment) Bill 2009: Report and Final Stages (8 Jul 2009)

Eugene Regan: I move amendment No. 6: In page 8, after line 46, to insert the following: "3.---The Enforcement of Court Orders Act 1926 is hereby amended by the insertion of the following section, after section 17: "17A.---All installment orders made under the aforementioned section must be served, personally, on the judgment debtor and must contain a notification of the consequences of failure to comply...

Seanad: Order of Business (8 Jul 2009)

Eugene Regan: I understand from Standing Orders that the Leader is responsible for ordering the business of the House. Will the Leader confirm that this is the case or whether this responsibility rests with the Minister for Justice, Equality and Law Reform? Given the procedure that has been followed this week, it certainly seems to be the latter who is deciding how we conduct our affairs. The Leader...

Seanad: Order of Business (8 Jul 2009)

Eugene Regan: To take All Stages of a Bill on any particular day, as the Leader purported to do yesterday in respect of two Bills, is unacceptable. I note that the Land and Conveyancing Law Reform Bill 2006, important reforming legislation which was first initiated in 2006, has been removed from today's Order of Business. Will the Leader clarify whether we are to deal with All Stages of that Bill...

Seanad: Order of Business (Resumed) (7 Jul 2009)

Eugene Regan: May I ask the Leader about the Order of Business? I am shocked that he proposes to have all Stages of the two Bills to be taken today. The one I am dealing with is the Enforcement of Court Orders (Amendment) Bill. What are the standards in this House? We have supported the Minister for Justice, Equality and Law Reform in much of the legislation he is putting through the Houses, but we...

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

Eugene Regan: On a point of order, we have not agreed to take all Stages. We object strenuously to taking all Stages.

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

Eugene Regan: I apologise to the Minister of State but I had to say that.

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

Eugene Regan: I reiterate our objections to the procedures being followed by the Minister of State and the Leader of this House in the scrutiny and passing of legislation, which is most unfortunate. This is serious legislation which involves potential imprisonment of people for non-payment of debt. Serious issues were raised in the judgment of Laffoy in the McCann v. Judge of Monaghan District Court on...

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

Eugene Regan: On a point of order, it is normal on Second Stage that a Minister would give us the courtesy of a response to the points raised. That enables the Members to decide whether to submit amendments depending on whether the Minister of State were to give a satisfactory response to some of the questions. This is a real discourtesy to the House and is unacceptable.

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

Eugene Regan: This is a guillotine.

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

Eugene Regan: That is what the Bill provides for.

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

Eugene Regan: I move amendment No. a1: In page 3, before section 2, to insert the following new section: "2.—The Act of 1940 is amended— (a) by the repeal of sections 6 and 9, and (b) by the insertion of the following sections after section 5: "6.—Where a debtor is liable, by virtue of an instalment order, to pay a debt and costs either in one payment or by instalments and such debtor fails to make...

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

Eugene Regan: I was dealing with subsection (3) of section 17, dealing with the regulations to be prescribed by the Minister for Social and Family Affairs. To reiterate, the regulations may include provision as follows: [T]hat, before making an application, the court shall make an enquiry as to the debtor's means ... allowing or requiring adjudication as regards an application, and provision as to appeals...

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

Eugene Regan: The legislation does not remedy the issues raised by Ms Justice Laffoy in her judgment. I will read what I consider to be, perhaps, the most relevant part in relation to this very issue of liberty and imprisonment. It is at page 82 of the judgment: The application of elements of the test to section 6 illustrates that it is disproportionate interference with the constitutionally protected...

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

Eugene Regan: Does the Minister of State appreciate that if we had been allowed sufficient time, we could have dealt with this attachment procedure in this Bill and would not have to wait for it to be dealt with in further legislation? Senator Alex White made the point, as have I, that the language used by Ms Justice Laffoy in her judgment is quite clear. There is no ambiguity in the language. She held...

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

Eugene Regan: The Minister of State has not dealt with the issue satisfactorily. To refer to section 6(8)(b), which relates to the debtor having no goods that could discharge the debt, does not address Ms Justice Laffoy's ruling on what, in effect, is a constitutional requirement if the provision for any order of imprisonment ultimately for failure to pay a debt is to be constitutionally valid. The Bill...

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

Eugene Regan: This is a very good amendment. The provisions of the Laffoy judgment laid down the requirement for the person concerned to be apprised of the full consequences of a failure to comply with a summons. Page 82 of the judgment refers to the failure to impose on the creditor pursuing an application for an order for arrest and imprisonment the obligation to go through the 46B-type procedure,...

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

Eugene Regan: Senator Bacik raised a point regarding negative consequences. The Minister of State, in his contribution on Second Stage, specifically referred to the large number of applications for enforcement orders and so forth and the small number of people who turn up in court. People faced with enormous debt are in over their heads and do not know what to do. When they receive a summons containing...

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

Eugene Regan: I support Senator White's amendment. If it is a normal situation concerning a debt and a civil action, there is a system whereby a service is deemed a good service. However, this situation contains the risk of imprisonment. Following the logic of the High Court judgment of Ms Justice Laffoy, it is imperative that a person who is subject to that risk is apprised of what is at issue, the...

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

Eugene Regan: Not necessarily.