Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

The new section 9 has the effect of giving an explicit jurisdiction to the Master of the High Court to grant protective measures to a judgment creditor where that creditor seeks such measures in the context of applying to have their convention judgment enforced. Absent such a power, there would be a risk that a judgment debtor would be given the opportunity to put assets in Ireland beyond the reach of the creditor before enforcement could take place.

Article 7 of the convention makes it clear that interim measures of protection not governed by the terms of the convention and their grant or otherwise is a matter to be regulated by national law. Under our national law, absent an express provision, our courts would not have jurisdiction to grant these measures in respect of convention judgments.

Following further consideration of this matter, it has been decided that it would not be in keeping with the spirit of the convention if, in the context of an enforcement application, every effort was not made to ensure that enforcement would be effective. For that reason, a provision akin to that in respect of the Brussels I Regulation and the Lugano Convention regimes is proposed to be introduced for Hague Convention purposes.

Amendment No. 4 is a consequential amendment attendant upon on the insertion of the new section 9 and relates to the collective citation for the Courts (Supplemental provisions) Acts 1961 to 2015.