Michael D'Arcy (Wexford, Fine Gael)
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I move amendment No. 55:

In page 15, between lines 32 and 33, to insert the following: “(5) For the purposes of this section, a liability is established only if its existence and amount are established and, for that purpose, “establish” means establish—

(a) by virtue of a declaration under section 19,

(b) by judgment or decree,

(c) by an award in arbitral proceedings, or

(d) by an enforceable agreement.”.

Amendment No. 55 provides for a new subsection (5) which sets out what form an established liability should be noted by (a) by virtue of a declaration under section 19, (b) by judgment or decree, (c) by an award in arbitral proceedings, or (d) by an enforceable agreement.

Amendment No. 57 provides a new definition of insolvency which is more clear than the previous one.

Amendment No. 58 introduces a new section, section 19, entitled "Supplementary provisions in relation to section 18". The new section 19 is a technical, supplementary amendment which is required in order to outline how a third party can establish their claim through bringing proceedings in the appropriate court for either or both of (a) a declaration as to the insured's liability to the third party or (b) a declaration as to the insurer's potential liability to the third party. Section 19 goes on to elaborate on what "appropriate court" means as, if we were to simply use the term "court of competent jurisdiction", it would beg the question which court is competent in the context of this new statutory jurisdiction.