Wednesday, 14 December 2011
Jurisdiction of Courts and Enforcement of Judgments (Amendment) Bill 2011: Committee Stage
Amendments Nos. 1 and 13 are being taken together. These are technical amendments to take account of the fact that the name of the Department of Foreign Affairs has been altered since the Bill was published in February of this year. The amendments have no dramatic impact other than that.
Amendment No. 2 is a Government amendment. Amendments Nos. 2 to 4, inclusive, and amendment No. 12a are related and amendments Nos. 5 to 10, inclusive, are consequential on amendment No. 4. Therefore, amendments Nos. 2 to 10, inclusive, and amendment No. 12a may be discussed together by agreement. Is that agreed? Agreed.
All of these amendments are technical in nature. They are consequential upon the fact that subsequent to the publication of this Bill, the Civil Law (Miscellaneous Provisions) Bill was enacted. Section 63 of that Act amended section 8 of the Enforcement of Court Orders Act 1940 to provide a new framework for the recovery of foreign maintenance orders. The proposed series of amendments make adjustments to section 20(g) which are necessitated by the new section 8 and on Second Stage I mentioned that we would be making such amendments.
It may be recalled that the effect of the new section 8 was to allow a judge to make what would generally be termed a garnishee order if there are moneys owed to the debtor by a third party in order to ensure the money is directed to the creditor. It also allowed a judge to make an order which is broadly similar to the concept of appointing a receiver by way of equitable execution if there are moneys which will become due. The new section also retained an existing power in 1940 Act to allow a judge to make an order to sell goods if he or she is satisfied that this would be effective to recover the debt due to the maintenance creditor.
Subsequent to the publication of this Bill, the 2007 Lugano Convention was ratified by Iceland. This means it is no longer necessary to keep Part III of the Jurisdiction of Courts and Enforcement of Judgments Act in being. That Part part dealt exclusively with the old Lugano convention and it is now effectively redundant.