Dáil debates

Thursday, 1 March 2012

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Bill 2011 [Seanad]: Second and Subsequent Stages

 

11:00 am

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)

The Technical Group supports this Bill. I welcome it as necessary and technical legislation in our ever-changing society and trading markets, especially in this time of deep recession across the world and certainly in Europe. One could say Ireland is a small and isolated country. For years, however, we thought and Europe regarded us has having punched above our weight. Now we have newer trading partners as seen with the recent visit of the Chinese Vice President. Accordingly, it is important safeguards are in place for any persons or companies doing international business and trade or international companies trading here to ensure they can legally pursue payments they are owed that may not have been paid.

I am concerned with section 20H on the payment of court costs and the interest on settlements, particularly in Revenue cases. From reading newspapers, one sees many instances where up to 60% of a settlement made by an individual or business with the Revenue was interest and penalties. We need to be careful with this because in some cases it may not be that those involved did not want to pay. Some people may have problems with paying for goods or may be in a difficult trading position. It should not be a gravy train for anyone either. There should be some cap on these charges because, if they applied over several years, they could be very punitive and this concerns me.

Section 20J deals with avoiding the need to take up court time. Everyone who has had to go to the Circuit Court or High Court knows it takes for ever and a day. If one has a complex case, one has little chance of getting it dealt with in the Circuit Court in the regions because the court only sits for a certain number of days - four I think – which means cases can go on for years.

I welcome the section on the prevention of the removal of assets. Whether it is a case of paying maintenance or trying to oblige, or not to oblige in some cases, under a maintenance order, it is vital some measures are in place to ensure assets are not transferred. We saw what went on in the financial industry in the past. It is an important provision because some people can have clever and ingenious ways of moving goods and assets resulting in no recourse to justice for reparation or the payment of goods.

The Technical Group will support this Bill. I compliment the Minister and his officials on bringing it forward. I hope it has a speedy passage and my comments will be taken on board.

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