Eugene Regan (Fine Gael)

The fact is that when we speak about the 1940 Act we also speak about the 1926 Act, because the principal Act is the Enforcement of Court Orders Act 1926. The first section of the 1940 Act outlines that the "principal Act" means the 1926 Act. In all the amendments we are speaking about the 1926 and 1940 Court Orders Enforcement Acts. The 1940 Act amends the 1926 Act.

The Bill seeks to address the weakness of the notification procedure to a debtor at a later stage in the process, namely, at the stage of the committal summons. That is not surprising. I understand where the Minister is coming from, given that the main criticisms in the judgment concern the committal proceedings rather than the procedure leading to the instalment order. It is worth considering that once a committal summons is served on a debtor, under the amendments proposed by the Bill, the possibility of legal aid arises. Personal service and a warning of imprisonment at an earlier stage could avoid the necessity for the summons and the entire procedure that we are now trying to remedy. It would also avoid the cost of going through the legal aid process and the expense incurred in that regard. I ask the Minister of State to reconsider this amendment, albeit concerning the 1926 Act, which is the principal Act.