Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

Yes. I understand that the Senators are opposed to the section which deals with the statement of the debtor’s means. I appreciate that they are trying to be as constructive as possible.

Section 7 sets out the requirements in relation to the information to be provided to the court by the judgment debtor on his or her financial circumstances. In order for the court to establish the debtor’s capacity to pay, it must have sufficient information on the debtor’s circumstances, including his or her financial circumstances.

The judgment debtor, on receipt of a notice under section 6, is required to complete a statement of means providing details of their income and financial commitments. Where the debtor is a social protection recipient, he or she will be required to request a certificate from the Department of Social Protection verifying his or her payments. This ensures that the court has accurate information on the debtor’s social protection payments to assist it in coming to a view on affordability. This certificate will outline, in particular, what portion of the payment is personal to the debtor, what portion is in respect of his or her dependants, and whether there are any deductions being made from the social protection payment. The certificate will not be disclosed by the court to the judgment creditor.

The court is empowered to request further supporting documentation from the debtor, or his or her employer, if so required. The statement of means provided to the court and the verifying certificate from the Department of Social Protection shall be admissible in evidence.

Senators also referred to the statement of means. The statement of means will be drawn up under rules of court. It will be along the lines of the forms in use in family maintenance cases and those which will be introduced in the context of attachment of earnings orders for the payment of criminal fines.

The debtor’s personal public service number, PPSN, will not be shared with the creditor or the court. This was made clear in the amendments the Minister tabled on Report Stage in the Dáil.

It is not possible for these matters to be dealt with in camera. The legal system operates on the basis that justice must be seen to be done in public. Accordingly, there are limited circumstances in which court hearings may be held in camera.

It is not the case that an employer will see all of a debtor’s private financial information. The employer will be served with the court order by the creditor. It will set out what deductions must be made over a specified period, as set out in section 10(6). It will not give the debtor’s financial information.

Is the debtor having to provide a copy of his or her completed statement of means to the creditor, as well as to the court, a breach of the debtor’s privacy? It is normal in civil cases to have an exchange of documents between the parties concerned. However, the statement of means which is to be prescribed under the rules of court and the verifying certificate which is to be prescribed by the Minister for Social Protection will have to be drawn up carefully in order that sensitive information on the debtor is not disclosed.

I appreciate the sensitivity of these issues and hope I have clarified matters for the Senators.