Eugene Regan (Fine Gael)

I move amendment No. 2b:

In page 5, between lines 26 and 27, to insert the following:

"(c) if he or she considers it appropriate, where another person is indebted to the debtor or the debtor is in receipt of payments from such third person by reason of employment or otherwise, make an order that all debts or payments owing and/or accruing from such third person to the debtor shall be attached to answer the judgment or order, but where such third person disputes a liability to the debtor, instead of making an order that execution shall issue in that case, may order that any issue or question necessary for determining any such liability be first tried before the court.".

This amendment, which represents a variation on the theme of attachment of income or earnings orders, proposes the inclusion of a new section 6(7)(c) in the 1940 Act. I have tabled it to more clearly set out the stages through which procedures of this nature should progress. Subsection (7)(a) provides for a variation of the instalment order and subsection (7)(b) provides for resolution by mediation. I suggest that subsection (7)(c) should then provide for the attachment procedure. We can then move on to measures like the threat of imprisonment etc., which are provided for in the subsequent subsections. We had hoped to avoid some of those measures. That would have happened if my more comprehensive amendment had been accepted. I do not intend to reiterate what has been said. This Bill needs to include attachment of earnings provisions if it is to comply with the High Court judgment and I propose this amendment as a variation on that formulation.