The section provides that "the court shall ensure". Is the Minister satisfied it has power to make orders to split proceeds, or to order that something be sold? This could be elaborated further.
SECTION 55.
Question proposed: "That section 55 stand part of the Bill."
Does the Deputy mean in a partnership?
No, if goods are repossessed and exceed the value of the outstanding sums, there should be a power to direct the return of some money.
I do not think there is.
The principle of section 55 is that if goods are repossessed and there is an ultimate benefit to the creditor, the excess must be returned to the borrower. That is the principle but I wonder if the section achieves that end.
It does not seem to — that is not specified.
It could be elaborated further. Perhaps on Report Stage we can examine whether we are giving the court the means to achieve the aim.
As the Deputy knows from his legal experience, principles can be interpreted.
I am not suggesting the provision is defective but I wonder it it is adequate.
We can look at it to see if can be made clearer.
Question put and agreed to.
Section 56 agreed to.