Paddy Burke (Fine Gael)
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I welcome the Minister of State, Deputy Ó Ríordáin, to the House.

Paddy Burke (Fine Gael)
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Amendment No. 1 is in the name of Senator O'Donovan.

Diarmuid Wilson (Fianna Fail)
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I move amendment No. 1:

In page 4, lines 28 and 29, to delete "by Trevor Hartley and Masato Dogauchi".

I am speaking on behalf of Senator O'Donovan. I welcome the Minister of State to the House. I wish to withdraw this amendment.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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Section 6 is a standard provision which ensures that a convention judgment in respect of which an enforcement order has been issued shall have the same force and effect as a judgment of the High Court.

The purpose of the amendment is to make this section subject to section 7 of the Bill. The reason for this is as follows. Section 7 of the Bill makes special provision for the payment of interest on foreign judgments, with subsection (4) of that section specifying that it is only the provisions of that section which will apply to the payment of interest in such judgments. The background to this is that an award of interest on a claim is an integral part of the judgment and therefore it is appropriate that the interest provisions of the country where the judgment was given shall apply and not the Irish provisions.

Paddy Burke (Fine Gael)
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Amendment No. 3 is a Government amendment and it proposes a new section. Amendment No. 4 is consequential on amendment No. 3 and, therefore, amendments Nos. 3 and 4 may be discussed together by agreement. Is that agreed? Agreed.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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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.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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The effect of the amendment will be to remove the need for a commencement order so that the Bill will enter into force immediately upon enactment.

Paddy Burke (Fine Gael)
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When is it proposed to sit again?

Ivana Bacik (Independent)
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Next Tuesday at 2.30 p.m.