David Norris (Independent)

I support Senator Regan's recommendation and echo what Senator O'Toole said. There might well be a question of constitutionality if, for example, the disposition of a home and property is concerned in this business. I do not know about that. Again, I wish to ask the Minister a specific question and perhaps on this occasion he might find it possible to answer it. Are there any limitations on this? There do not appear to be. This is a very broad brush. It is a general power of attachment.

What concerns me, and it might be covered by other regulations, legislation or the Constitution, is a case where an order of attachment is made and virtually all of a person's income is taken away because of a debt. The debt exists and there is a moral obligation to pay it, but what about the living arrangements of the person involved? If this is the only income that person has, surely some arrangements must be made to permit them to continue to live and support their family.

This is an absolute power and there appear to be no limitations set to it by this section. That is a horrendous power to exercise against a citizen. Of course, they might have incurred and owe the debt but they are still entitled to look after the welfare of their family and to provide proper accommodation and sustenance for themselves and their family. Nowhere does that figure in this provision. If Senator O'Toole's assumption is correct that there is no recourse to law and no review by the judicial system, this is far too sweeping.