John Curran (Dublin Mid West, Fianna Fail)

There are several issues to deal with and I will try to be as specific as possible. The possible consequences of non-appearance are addressed in section 6(2)(b) and 6(2)(c). Paragraph (b) sets out the consequences under the section of failure to comply with an instalment order, including the possibility of imprisonment. Paragraph (c) stipulates that the debtor may be arrested if he or she fails to appear before the District Court. Thus, the specifics of the Laffoy judgment in terms of the requirement to set out the seriousness of the consequences of non-appearance are dealt with in the Bill.

In regard to the variation of an attachment order, I regret it is not possible, from the necessity of balance, to accommodate the provision as set out in Senator Bacik's amendment. I pointed out on Second Stage that the Government must also have regard to the interests of creditors. The receipt of the summons serves to bring the matter into sharp focus.

I referred to the importance of using simple and direct English in summonses. Following the passage of this legislation, the concerns expressed by Senators in this regard will be conveyed to the District Court rules committee. It is a principle that should apply to legislation in general.