Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I move amendment No. 16:

In page 37, between lines 17 and 18, to insert the following:“Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998

56.The Jurisdiction of Courts and Enforcement of Judgments Act 1998 is amended --

(a) in the First Schedule, by the substitution --

(i) in Article 37(2) of the English text, of “in Ireland, by an appeal on a point of law to the Court of Appeal,” for “in Ireland, by an appeal on a point of law to the Supreme Court,”,

(ii) in Article 37(2) of the Irish text, of “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Achomhairc;” for “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Uachtarach;”,

(iii) in Article 41 of the English text, of “in Ireland, by an appeal on a point of law to the Court of Appeal,” for “in Ireland, by an appeal on a point of law to the Supreme Court,”, and

(iv) in Article 41 of the Irish text, of “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Achomhairc;” for “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Uachtarach;”,

and

(b) in the Tenth Schedule (inserted by section 1(b) of the Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012), by the substitution, in Annex IV, of “in Ireland: an appeal on a point of law to the Court of Appeal,” for “in Ireland: an appeal on a point of law to the Supreme Court,”.”.

Amendment 16 relates to the Brussels Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which used to govern relationships in these matters between EU member states, and to a companion convention which continues to govern relationships between the EU and Iceland, Norway and Switzerland. All that is being proposed is that the possibility to lodge an appeal on a point of law will henceforth lie to the court of appeal rather than to the Supreme Court. Amendment 20 is directed to the same purpose and relates to the Council regulation which now governs the recognition and enforcement regime between EU member states.

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