Seanad debates

Tuesday, 7 July 2009

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

 

12:00 pm

Photo of Alex WhiteAlex White (Labour)

The Minister of State's comments are very helpful. I would like to respond to the perfectly reasonable points made by Senator O'Donovan. I draw his attention and that of the Minister of State to an aspect of this debate. Senator O'Donovan is right to point out that there are other means of service. It is within the jurisdiction of judges to make those kinds of orders. However, it seems that the language used in the proposed new section 6(2) of the 1940 Act, to be inserted by this Bill, is mandatory. The proposed new section 6(2)(d) of the 1940 Act states that "a summons referred to in subsection (1) shall .... be served on the debtor by personal service". That does not seem to provide for the kind of flexibility that Senator O'Donovan perfectly reasonably argued for. I will not press this amendment, in view of what the Minister of State has said. I hope he will review this issue and, if he deems it appropriate, introduce a further amendment on Report Stage.

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