Seanad debates

Tuesday, 7 July 2009

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

 

12:00 pm

Photo of Alex WhiteAlex White (Labour)

I move amendment No. 3:

In page 6, line 39, after "order" to insert the following:

", being the amount specified in that behalf in the order under subsection (7)(c) or (d)".

I am proposing the insertion of a phrase, as specified in my amendment, at the end of section 6(10)(b) so that it will read: "Where a debtor is imprisoned on foot of an order made under subsection (7)(c) or (d), he or she .... is entitled to be released immediately upon payment by him or her or on his or her behalf to the District Court clerk concerned or to the Governor of the Prison for the District Court clerk, of the sum of money consisting of the amount of all instalments of the debt and costs which have accrued before, and are unpaid at the date of such order, being the amount specified in that behalf in the order under subsection (7)(c) or (d)." I am sure the Minister of State does not intend that anything else is intended. This amendment would clarify that the amount the debtor has to pay to secure his or her release under section 6(10)(b) is the amount specified in the District Court order. If we do not make that clear, the question of whether the relevant amount under section 6(10) is different from the relevant amount under section 6(7) might arise. I am proposing to tidy up this section to clarify that point.

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