Seanad debates

Tuesday, 7 July 2009

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

 

12:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I also ask the Minister of State to reflect on this section again between now and Report Stage. I have concerns because I was of the view that such interference, which would normally apply in road traffic cases involving criminal sanctions and possibly non-payment of fines, and the lobbying that went on by Deputies and Senators to have somebody released or the fine reduced were more frowned upon than supported. I believe that many District Court judges would go frantic over the notion that they could be called to account on every decision. Here we are dealing with a civil issue of money owed between a debtor and a creditor. I see no great raison d'ĂȘtre for the Minister to involve himself or herself by asking a District Court judge to account for himself or herself and have somebody released. Based on the circumstances outlined by the Minister of State in his speech, it would be expected that a person would be given at most 28 days' imprisonment for non-payment of an enforcement order and the usual length is three weeks, or 20 days. If one allows for time, the person would probably be released in the normal course of events. It is very rare for someone to be sentenced to six months' imprisonment for non-payment of a debt on foot of a committal order.

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