Seanad debates

Tuesday, 7 July 2009

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

 

12:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

I welcome the change in section 6(3) from the discretionary "may" to the mandatory "shall". On section 6(7), FLAC makes the point that the inclusion of mediation is obviously very welcome, but that there might be some reference to MABS to give some direction to the court on where the mediation process might be assisted.

Further onuses placed on the creditors showed that the debtor has no goods which could be taken in execution. Will the Minister of State explain how that can be met by the creditor in circumstances where it might be very difficult to determine, other than by using the sheriff? FLAC makes the point that using the sheriff in those circumstances seems to be somewhat excessive and questionable.

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