Michael McNamara (Clare, Labour) | Oireachtas source

I accept that. When a person obtains a judgment, he or she has it. I would prefer, however, if it was automatic that a person could enter a judgment in the registry. In that way it would be automatic that the boat could not be de-registered before the judgment was satisfied. It is cumbersome and very expensive to go to the High Court. While it is good that the provision is in place, I would prefer if the onus was the other way around and that a person did not have to go to the High Court to stop someone de-registering a boat without having satisfied the judgment. I am not suggesting we get rid of the power to go to the High Court. For example, if a case was pending, a person could seek a declaration from the High Court that a ship could not be de-registered on that basis. However, it seems onerous that an owner, having obtained a judgment, then has to go back to the High Court at some further point to seek a further order. I am pleased section 52 is in place, but this is an addition I am proposing by way of an amendment.

There is also the issue of the register being public. It is welcome that the intention is to keep it public. I do not mean this in the case of the Minister specifically, but sometimes I wonder why Ministers say they never intend to use certain provisions. Numerous Ministers have come before us to obtain powers in legislation and said they would never use a given provision. If a Minister does not intend to use them, why does he or she need them in legislation? If the intention is to have the register public, why not insert that in the legislation and say elements of the register shall be public?