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Select Committee on Legislation and Security debate -
Wednesday, 19 Jan 1994

SECTION 20.

Question proposed: "That section 20 stand part of the Bill".

Section 20 (8) states:

For the purposes of this Act, dealing with property held by any person includes (without prejudice to the generality of the expression) —

(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt, and

(b) removing the property from the State.

Can the Minister clarify the thinking behind subsection (8) (a) which deals with the making of payments in reduction of a debt? If a person receives a payment in reduction of a debt and is not aware of the person with whom he or she is dealing, will it be open to the court to say, even though it was a legitimate debt, that the payment is to be included in the proceeds to be seized?

If a restraint order is made and a debt is settled, under this section the money will be included in the proceeds to be seized under the confiscation order.

This relates to the settlement of a debt after a confiscation order has been made?

Question put and agreed to.
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