Seanad debates

Tuesday, 7 July 2009

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

 

12:00 pm

Photo of John CurranJohn Curran (Dublin Mid West, Fianna Fail)

The amendment is self-explanatory. The current provision obliges a Minister who is considering the release of a debtor in any circumstances to consult the District Court judge who ordered the debtor's imprisonment. The only condition currently is that the consultation may be practicable. The Attorney General has recommended the proposed amendment be incorporated to provide a workable procedure for the future. It allows the Minister of the day to consider whether consultation with the judge is appropriate. Unlike in criminal cases where temporary release is part of the system, the existing provision for release of debtors has traditionally been vary rarely used, I presume to avoid any accusation by creditors of political interference. I would not envisage widespread use in the future.

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