Seanad debates

Tuesday, 8 April 2014

Fines (Payment and Recovery) Bill 2013: Report and Final Stages

 

4:50 pm

Photo of Feargal QuinnFeargal Quinn (Independent) | Oireachtas source

I move amendment No. 2:

In page 12, line 9, to delete "alone or accompanied by such and" and substitute "accompanied by".
Section 8(3) states: "The recovery order shall authorise the receiver (alone or accompanied by such and so many members of the Garda Síochána as he or she considers necessary) to". The amendment would ensure that the receiver is accompanied by a member of the Garda if he or she enters a person's home to give some safeguards to citizens. We discussed the matter on Committee Stage and I believe it was understood that we did not want a person's home invaded without a garda being involved.
Amendment No. 3 seeks to delete "(if necessary by the use of reasonable force)", which seems to be over the top when enforcing a fine. Section 8(3)(a) states "(a) enter (if necessary by the use of reasonable force) any premises, including a dwelling, at which he or she has reasonable grounds for believing property belonging to the fined person is located". I can understand why somebody would want to do that, but I am concerned about specifying "reasonable force". I want to bring some civility to the Bill and want to ensure a receiver, accompanied by a garda, does not use any force to enter a person's home.

I am concerned about the reasonable force, to bring some civility to the Bill, to ensure a receiver, accompanied by a Garda, does not use force to enter a person's home. That is my objective and it is worthy of consideration. We debated the issue on Committee Stage and I urge the Minister to accept it.

Comments

No comments

Log in or join to post a public comment.