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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...

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. 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. 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. 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 (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: Order for Report Stage (16 Jul 2015)

Frances Fitzgerald: I move: "That Report Stage be taken now."

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...

Written Answers — Department of Justice and Equality: Garda Investigations (16 Jul 2015)

Frances Fitzgerald: The Deputy will share my view that the bombing at Belturbet on 28 December 1972 which took two innocent young lives was a tragic and unjustifiable act of brutality. There are no words to describe the suffering and grief that the families have endured. The bombing and two murders in Belturbet were the subject of a thorough investigation at the time by An Garda Síochána, with...

Written Answers — Department of Justice and Equality: Crime Data (16 Jul 2015)

Frances Fitzgerald: As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy

Written Answers — Department of Justice and Equality: Garda Investigations (16 Jul 2015)

Frances Fitzgerald: I wish to advise the Deputy that it has not been possible to provide the information sought in the time available for reply. However, I have requested the Garda authorities to provide the requested information and I will be in further contact with the Deputy upon receipt.

Written Answers — Department of Justice and Equality: Garda Recruitment (16 Jul 2015)

Frances Fitzgerald: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. The Deputy will be aware that the first intake...

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

Frances Fitzgerald: I wish to advise the Deputy that there has not been any capital investment by my Department in Co. Kildare since 2011. Additionally, we have asked our agencies for information on any capital investment that they may have made in the area over the period and will convey the responses directly to the Deputy when they become available.

Written Answers — Department of Justice and Equality: Prisoner Data (16 Jul 2015)

Frances Fitzgerald: I am advised by the Irish Prison Service that the information requested by the Deputy is published daily on the Irish Prison Service Website (www.irishprisons.ie).

Written Answers — Department of Justice and Equality: Prisoner Releases (16 Jul 2015)

Frances Fitzgerald: As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website (www.irishprisons.ie). I wish to refer to the Deputy's question of 16th June 2015 in relation to this matter and as requested, the information is now set out in...

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