Alex White (Labour)

I move amendment No. 5:

In page 6, line 39, after "order" to insert the following:

", being the amount specified in that behalf in the order under subsection (7)(c) or (d)".

There would appear to be a lack of absolute clarity as to the amount of money a debtor would be required to pay in order to be released from prison, if that is on the agenda for the debtor. I draw the Minister's attention to this net point. The new section 6(10)(b) deals with the possible release of a person who pays up and states the person "is entitled to be released immediately upon payment by him or her or on his or her behalf to the District Court clerk concerned or to the Governor of the Prison for the District Court clerk, of the sum of money consisting of the amount of all instalments of the debt and costs which have accrued before, and are unpaid at the date of such order".

I have proposed an amendment referring back to sections 6(7)(c) and 6(7)(d) because there arguably could be a discrepancy here. It might be suggested that the two are not identical. They are described in sections 6(7)(c) and 6(7)(d) as "the amount of the outstanding debt and costs". That is what lies behind any order of imprisonment. However, in order to get out, the sum of money is described differently as "the sum of money consisting of the amount of all instalments of the debt and costs which have accrued before, and are unpaid at the date of such order". Yesterday the Minister of State, Deputy Curran, told us it was not necessary to make any change and there was no difficulty. I want this provision to work as we all do. Why are there two different descriptions of the sum of money? There is one description of the sum of money for the order that might be made for imprisonment, but there is a different description of the sum of money to be paid in order to be released. I believe that it could be argued that the two were not the same. My amendment effectively links the release money, if I can call it that, with the imprisonment money, if I can call it that, being the amount specified in the section 6(7).