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 support the amendment, which is appropriate. It is consistent with what we have been arguing, namely, that in the case of a debtor who faces serious consequences, up to and including imprisonment, the creditor who is seeking payment, as it were, and is pursuing the debtor ought to be put through the hoops and ought to ensure that every possible opportunity is given to the debtor. The debtor's position must be protected. Obviously the creditor has rights too but the notification of the consequences of the failure to comply with the instalment order at that early stage of the process should be communicated to the debtor, and that is what is set out in the amendment. It is entirely appropriate that the amendment should be incorporated into the Bill. We have debated the issue of ensuring that all of the risks to a debtor of not complying with the requirement to repay the debt should be communicated to that person at the earliest possible opportunity. If the amendment is accepted that regime would be in place. I support the amendment for those reasons.

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