Seanad debates

Wednesday, 14 December 2011

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Bill 2011: Committee Stage

 

SECTION 1

4:00 am

Photo of Paddy BurkePaddy Burke (Cathaoirleach of Seanad; Fine Gael)
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I welcome the Minister to the House. Amendments Nos. 1 and 13 are cognate and may be discussed together with the agreement of the House. Is that agreed? Agreed.

Government amendment No. 1:

In page 5, line 49, after "Affairs" to insert "and Trade".

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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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 agreed to.

Photo of Paddy BurkePaddy Burke (Cathaoirleach of Seanad; Fine Gael)
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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.

Government amendment No. 2:

In page 9, to delete lines 49 to 52 and in page 10, to delete lines 1 to 5 and substitute the following:

"shall—

(a) issue a summons respecting that sum under section 8 (as amended by section 63 of the Civil Law (Miscellaneous Provisions) Act 2011) of the Act of 1940, or

(b) make an application respecting that sum to the District Court under section 10 (as amended by section 43 of the Act of 1995) of the Act of 1976.".

5:00 am

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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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.

Amendment agreed to.

Government amendment No. 3:

In page 10, to delete lines 8 to 10 and substitute the following:

"8(1) of the Act of 1940 shall be construed as including a reference to the district court clerk.".

Amendment agreed to.

Government amendment No. 4:

In page 10, to delete lines 17 to 19.

Amendment agreed to.

Government amendment No. 5:

In page 10, to delete line 20 and substitute the following:

"(12) The maintenance debtor shall give".

Amendment agreed to.

Government amendment No. 6:

In page 10, to delete line 24 and substitute the following:

"(13) A person who, without reasonable".

Amendment agreed to.

Government amendment No. 7:

In page 10, line 25, to delete "subsection (13)" and substitute "subsection (12)".

Amendment agreed to.

Government amendment No. 8:

In page 10, to delete line 28 and substitute the following:

"(14) If there are two or more district".

Amendment agreed to.

Government amendment No. 9:

In page 10, to delete line 33 and substitute the following:

"(15) For the purposes of this section the".

Amendment agreed to.

Government amendment No. 10:

In page 10, to delete line 36 and substitute the following:

"(16) In this section—".

Amendment agreed to.

Section 1, as amended, agreed to.

SECTION 2

Photo of Paddy BurkePaddy Burke (Cathaoirleach of Seanad; Fine Gael)
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Government amendments Nos. 11 and 12 are related and may be discussed together, by agreement. Is that agreed?

Government amendment No. 11:

In page 14, subsection (1)(a ), line 42 to delete "definitions" and substitute "definition".

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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These are purely technical amendments. Amendment agreed to.

Government amendment No. 12:

In page 14, to delete lines 47 to 50, and substitute "October 2007;",".

Amendment agreed to.

Government amendment No. 12a:

In page 15, lines 6 and 7, to delete all words from and including "section" in line 6 down to and including "2009" in line 7 and substitute the following:

"section 63 of the Civil Law (Miscellaneous Provisions) Act 2011".

Amendment agreed to.

Government amendment No. 13:

In page 15, line 36, after "Affairs" to insert "and Trade".

Amendment agreed to.

Section 2, as amended, agreed to.

NEW SECTION

Government amendment No. 14:

In page 16, before section 3, to insert the following new section:

"3.—Part III of the Jurisdiction of Courts and Enforcement of Judgments Act 1998 is repealed.".

Photo of Alan ShatterAlan Shatter (Minister, Department of Justice, Equality and Defence; Dublin South, Fine Gael)
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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.

Amendment agreed to.

Section 3 agreed to.

Schedule agreed to.

Title agreed to.

Bill reported with amendments, received for final consideration and passed.

Photo of Paddy BurkePaddy Burke (Cathaoirleach of Seanad; Fine Gael)
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When is it proposed to sit again?

Photo of Maurice CumminsMaurice Cummins (Fine Gael)
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10.30 a.m. maidin amárach.