Civil Debt (Procedures) Bill 2015: Report Stage (Resumed) and Final Stage

Debate resumed on amendment No. 10:
In page 6, between lines 32 and 33 to insert the following:
“relevant total amount” means in relation to a relevant order, the total amount specified in the order as being payable under the order to the judgment creditor concerned;”.
-(Minister for Justice and Equality)

The definition of judgment debt already covers the costs associated with getting a judgment against the debt in the first place. The Bill as drafted does not make it sufficiently clear that the costs which relate to an application for an attachment of earnings order or a deduction from payments order can be included in the order the court makes under section 10 or section 16. The Parliamentary Counsel has examined the text again and has advised that the approach in these amendments is clearer. Costs are usually claimed in respect of the recovery of debts. The costs schedules are set out in the rules of court as per normal practice.

I object to the increased clarity about how the costs will be awarded against the so-called debtor in this circumstance, for example, a person who has chosen not to pay his or her water charges over a period of years. We do not think we will get there but that is our reason for objecting.

I also object to the fact the Bill will be guillotined in a couple of minutes. All the Opposition amendments were ruled out of order. We have had no discussion on most of this important legislation which only completed Second Stage last Friday. This is not the way to do any sort of democratic politics. It is in line with the incredible Garda presence yesterday for quite a small protest outside Leinster House. It shows the attempt to just ram things through. It is a bullying approach that will not work, as illustrated by the figures. However, it should be registered that none of it has anything in common with the idea of a democratic revolution and respecting democratic rules in this Dáil or outside it.

As it is now 1.30 p.m. I am required to put the following question in accordance with an order of the Dáil on this day: “That the amendments set down by the Minister for Justice and Equality and not disposed of, including those in respect of which recommittal would in the normal course be required, are hereby made to the Bill, Report Stage is hereby completed and the Bill is hereby passed.”

Question put:
The Dáil divided: Tá, 62; Níl, 35.

  • Bannon, James.
  • Barry, Tom.
  • Butler, Ray.
  • Buttimer, Jerry.
  • Byrne, Catherine.
  • Byrne, Eric.
  • Carey, Joe.
  • Coffey, Paudie.
  • Conaghan, Michael.
  • Connaughton, Paul J.
  • Coonan, Noel.
  • Corcoran Kennedy, Marcella.
  • Costello, Joe.
  • Creed, Michael.
  • Deasy, John.
  • Deenihan, Jimmy.
  • Deering, Pat.
  • Doherty, Regina.
  • Dowds, Robert.
  • Doyle, Andrew.
  • Durkan, Bernard J.
  • English, Damien.
  • Farrell, Alan.
  • Feighan, Frank.
  • Ferris, Anne.
  • Fitzgerald, Frances.
  • Fitzpatrick, Peter.
  • Gilmore, Eamon.
  • Griffin, Brendan.
  • Harrington, Noel.
  • Heydon, Martin.
  • Humphreys, Kevin.
  • Keating, Derek.
  • Kehoe, Paul.
  • Kenny, Seán.
  • Kyne, Seán.
  • Lawlor, Anthony.
  • Lynch, Kathleen.
  • Lyons, John.
  • McFadden, Gabrielle.
  • McGinley, Dinny.
  • McNamara, Michael.
  • Mitchell O'Connor, Mary.
  • Mulherin, Michelle.
  • Murphy, Dara.
  • Neville, Dan.
  • Nolan, Derek.
  • O'Dowd, Fergus.
  • O'Mahony, John.
  • Penrose, Willie.
  • Perry, John.
  • Quinn, Ruairí.
  • Rabbitte, Pat.
  • Reilly, James.
  • Ring, Michael.
  • Ryan, Brendan.
  • Stagg, Emmet.
  • Stanton, David.
  • Tuffy, Joanna.
  • Twomey, Liam.
  • Varadkar, Leo.
  • Wall, Jack.

Níl

  • Adams, Gerry.
  • Aylward, Bobby.
  • Boyd Barrett, Richard.
  • Broughan, Thomas P.
  • Calleary, Dara.
  • Collins, Joan.
  • Collins, Niall.
  • Colreavy, Michael.
  • Coppinger, Ruth.
  • Creighton, Lucinda.
  • Ellis, Dessie.
  • Fitzmaurice, Michael.
  • Fleming, Tom.
  • Halligan, John.
  • Healy, Seamus.
  • Mac Lochlainn, Pádraig.
  • McConalogue, Charlie.
  • McDonald, Mary Lou.
  • McGrath, Finian.
  • McGrath, Mattie.
  • McLellan, Sandra.
  • Martin, Micheál.
  • Murphy, Paul.
  • Naughten, Denis.
  • Ó Caoláin, Caoimhghín.
  • Ó Fearghaíl, Seán.
  • O'Brien, Jonathan.
  • O'Sullivan, Maureen.
  • Pringle, Thomas.
  • Ross, Shane.
  • Smith, Brendan.
  • Stanley, Brian.
  • Timmins, Billy.
  • Tóibín, Peadar.
  • Troy, Robert.
Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Pádraig Mac Lochlainn and Paul Murphy.
Question declared carried.

In accordance Standing Order 140, I would be obliged if the Leas-Cheann Comhairle would direct the Clerk to make the following minor drafting corrections to the text of the Bill: on page 9, line 21, to remove “or” at the end of the line - this was inserted by amendment 24 today; on page 14, line 2, to insert a comma after “or” to now read “or, as the case may be . . .”; and on page 20, line 30, the removal of a closing bracket that appears after the word "certificate" - this text was inserted by amendment No. 70 on Report Stage. These changes are being made in the interests of textual clarity and do not affect any substantive amendments.

Is that agreed? Agreed.