Dáil debates

Tuesday, 13 December 2016

Courts Bill 2016: Report and Final Stages

 

6:50 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 4. line 6, to delete "passing of this Act" and substitute "commencement of this section".

The Minister has tabled these amendments as a consequence of the deletion of sections 1 to 3, inclusive. These sections had been drafted to deal with the implications of the Court of Appeal ruling in the Langan case. The Bill, as initiated, was intended to come into effect on enactment and, therefore, there was no commencement provision. As I indicated on Second Stage, it was intended that enactment of the Bill would coincide with commencement by the Minister of the market value provisions in the Civil Liability and Courts Act 2004. However, following deletion of sections 1 to 3, inclusive, there is no longer a pressing need for the 2004 Act provisions to come into effect at the same time as this legislation. The purpose of amendment No. 3 is to insert a commencement provision in section 2. The Minister's intention is to allow a short interval between enactment of the legislation and the commencement of section 2 together with the relevant provisions of the 2004 Act. This will facilitate notification of the courts and practitioners of the new market value thresholds before they come into effect. Amendments Nos. 1 and 2 are consequential amendments which replace references to "passing of this Act" with "commencement of this section".

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