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Dáil Éireann debate -
Wednesday, 19 Jun 1940

Vol. 80 No. 15

Enforcement of Court Orders Bill, 1940—Report and Final Stage.

I move amendment No. 1:—

In page 2, to add at the end of Section 4, a new sub-section as follows:—

(3) Nothing in this section shall be construed as requiring that an instalment order shall provide for payment of the whole of the debt and costs within the period during which such order continues in force.

The object of this amendment is to make it clear that the justice is under no obligation to fix instalments at such an amount as would ensure payment of the debt within the period of six years in a case where he is satisfied that the payment of such instalments would be too heavy a strain on the debtor. As I have already explained, the intention is that in the case of a very large debt the justice should order the debtor to pay as much as he can during the period of six years and that if a balance is left over at the end of the six-year period the creditor should forego that amount unless some remedy other than the instalment order procedure is open to him. I think that meets the point Deputy Cosgrave raised on the last occasion.

Amendment put and agreed to.

Mr. Boland

I move amendment No. 2:—

In page 3, Section 6, line 39, to delete the word "six" and substitute the word "twelve".

This amendment is to delete the word "six" and substitute the word "twelve" so that at the end of the six-year period if an instalment is still outstanding the creditor could pursue the debtor for 12 months instead of six months. Deputy Dockrell raised that point on the last occasion.

Amendment put and agreed to.
Bill, as amended, received for final consideration and passed.
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