Dermot Ahern (Louth, Fianna Fail)

When a receiver is notified by the Courts Service that a person has not paid a fine by the due date, the recovery order made by the court when the fine was imposed will take effect. This gives the receiver power to recover the fine or seize or sell property belonging to the offender equal to the amount of the fine. It may be that part of the fine was paid, for example, by instalments. One of the purposes of the amendment is to give the receiver power only to recover either the part of the fine that remains unpaid, or seize or sell property equal to the value of the unpaid part of the fine. While it may be implied that the receiver can only recover money or property to the value of the unpaid part of the fine, it is desirable to set it out clearly in the Bill.

The other purpose of the amendment is to permit the receiver to recover his or her fees and expenses reasonably incurred in the performance of his or her duties. Appropriate fees will be set out in a fees order and a record of expenses will have to be maintained and given to the Courts Service every six months. Any overcharging on the expenses could have implications for a contract between the Courts Service and the receiver and could also be a criminal offence.

Amendment agreed to.

Government amendment No. 44:

In page 14, subsection (2), line 9, to delete "notify" and substitute "notifies".