Michael McDowell (Dublin South East, Progressive Democrats)

I admit it is an odd-looking provision at first sight. The Parliamentary Counsel, however, regards it as important because it permits the courts to refuse to grant measures where they do not have jurisdiction, apart from this section, and where they think it would be inexpedient having regard to that matter to make the order in question. The provision has featured previously in other legislation dealing with orders. The same wording can be found in the civil proceedings context in section 13(2) of the Jurisdiction of Courts and Enforcement of Judgments Act 1998.

The provision must be read carefully. Although it may not be an elegantly phrased piece of draftsmanship, it follows precedent. Subsection (4) states:

The Court may refuse to grant the measures sought if, in its opinion, the fact that it has not jurisdiction, apart from this section, in relation to the subject matter of the proceedings concerned makes it inexpedient for it to grant such measures.

It could be phrased more eloquently. I will consider clarifying its meaning between now and Report Stage. It introduces a discretion for the court to refuse to make an order in circumstances where if it did not have the jurisdiction under this section, it would regard this as an inexpedient order to make. It directs the court to have regard as to whether the order being sought by virtue of the jurisdiction it has is a reasonable order to make.