Vol. 549 No. 2
62 Mr. Dukes asked the Minister for Justice, Equality and Law Reform if he proposes to amend S.I. No. 472 of 2001 to enable applications under Article 14(3) and Articles 22(1) of Council Regulation EC No. 1347/00 of 29 May 2000 to be made to the Circuit Court instead of or in addition to the Master of the High Court; and if he will make a statement on the matter. [4139/02]
135 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if he proposes to amend S.I. No. 472 of 2001 to enable applications under Articles 14(3) and 22(1) of Council Regulation EC No. 1347/00 of 29 May 2000 to be made to the Circuit Court instead of or in addition to the Master of the High Court; and if he will make a statement on the matter. [6143/02]
I propose to take Questions Nos. 62 and 135 together.
S.I. No. 472 of 2001 sets out the effect on domestic legislation of Council Regulation (EC) No. 1347/00 of 29 May 2000 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility for children of both spouses. The statutory instrument also makes the necessary provision for the good administration of the regulation and it is the nature of this administrative provision which is at the heart of the Deputies' questions.
Regulation 4 of S.I. No. 472 of 2001 provides that applications for the recognition or otherwise of a judgment given in a member state of the European Union and applications for a decision of enforceability of such a judgment shall be made to the Master of the High Court. The statutory instrument further provides that such applications shall be determined by the master by order in accordance with the Brussels II Regulation. This procedure is one which has been followed in respect of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters which has been in force in the State since 1988 and upon which the Brussels II Regulation is largely modelled. My understanding is that the procedure works well in practice and, for that reason, it was considered appropriate that it would be used in respect of the Brussels II Regulation also.
I might add that the Brussels II Regulation has been in force in Irish law for less than a year, and, in those circumstances, I do not propose at this time to amend the administrative arrangements which have so recently been put in place. While these arrangements are open to review in the future, I am satisfied that, for now, they represent an efficient way of dealing with such applications as may arise under the regulation.
