David Norris (Independent)

The Minister did not draft it. It was Senator Regan, the fausseur. Is the Minister disposed to accept this amendment? It is so good, I assumed it came from the Minister. However, I think the preposition has been left out. It looks to me almost like a conciliation process - the kind of thing that sometimes happens on the way into court when parties agree and no blood need actually be shed. I commend this amendment which is good and well thought out. The defence that the Government has offered for its apparent reluctance to accept it, seems principally to be that the Law Reform Commission may look at this in the future.

I think we are taking amendments Nos. 1, 2, 4 and 6 together. Amendment No. 4 seems to be reasonable on the part of Senator Regan. It would be almost like a biblical parable if, for example, A was in debt to B, and C was in debt to A, and C was paying money to A, but A was refusing to pass it on to B. It would be aggravating for poor B to watch money flowing into the pockets of somebody who had already borrowed money from them. The amendment therefore seems to be perfectly reasonable. There is no reason why an ancillary debt of that nature should be protected.

Amendment No. 6 proposes to insert a new section 17A as follows:

All instalment orders made under the aforementioned section must be served, personally, on the judgment debtor and must contain a notification of the consequences of failure to comply with such an order...

It is a good legal principle that people must get direct and proper notification which must be served appropriately. I am very much in favour of this amendment. On Second Stage, I said the Minister was going excellently half the way, but Senator Regan has provided another 40% or 50%. I hope therefore that the Minister will consider these amendments positively.