Eugene Regan (Fine Gael)

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, including personal service of an order with a penal endorsement and so on. I accept that the provisions of section 6(2) seek to take account of that judgment, but Senator Bacik's amendment, with the inclusion of the two additional paragraphs, is very appropriate.

Given the consequences of failure to comply with a summons, it is essential that the language used therein is easy to understand. It is also appropriate that the full consequences of non-appearance at a committal hearing and the possibility for variation of an existing instalment order are clearly set out. A later amendment of mine seeks to ensure that an individual who is the subject of an instalment order is fully apprised of what is involved and of the consequences of non-appearance. These two paragraphs, as proposed in amendment No. 1a, would add to the safeguards within the provisions of this Bill. I appreciate that the subsection as drafted goes some way to meeting the requirements and observations of Ms Justice Laffoy's judgment. However, this amendment would enhance those safeguards.