Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 14:

In page 33, between lines 5 and 6, to insert the following:

"(b) an order for the taking of an account of incumbrances affecting the land, if any, and the making of inquiries as to the respective priorities of any such incumbrances,".

Amendments Nos. 14 and 33 arise from my discussions with Deputy Flanagan on the issue of judgment mortgages. In response to his comments, I pointed out that where land was co-owned, an application by a judgment mortgagee had to be made under section 31 rather than section 116. Having considered the matter, I am proposing amendment No. 14 to ensure there is coherence between sections 31 and 116. The amendment incorporates a provision already set out in section 116(2)(a). It will allow the court to make "an order for the taking of an account of incumbrances affecting the land" under section 31, as is already the case under section 116. Amendment No. 33 which will incorporate a cross-reference to section 31 in section 116(1) will alert a judgment mortgagee to the fact that in the case of co-owned land, an application must be made under section 31 rather than section 116. These clarifying amendments will ensure there is consistency between the two sections.

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