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Seanad Éireann debate -
Thursday, 6 May 1993

Vol. 136 No. 2

Jurisdiction of Courts and Enforcement of Judgments Bill, 1993: Committee and Final Stages.

SECTION 1.

I welcome the Minister to the House. In section 1 there is an amendment in the name of Senator Gallagher, who is not available. Will someone move the amendment on her behalf?

I move amendment No. 1:

In page 3, between lines 43 and 44, to insert the following new subsection

"(4) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made.".

The position is that as a matter of practice orders are laid on the table of each House in any case. Strictly speaking, from a practical point of view, the amendment is not necessary. However, I have no particular objection to it and I accept it.

Amendment agreed to.
Section 1, as amended, agreed to.
Section 2 agreed to.
SECTION 3.

Amendments Nos. 2 and 3 are Government amendments and may be discussed together.

Government amendment No. 2:
In page 4, paragraph (b), line 39, before "the", where it first occurs, to insert "by".

These are technical amendments of drafting nature. The word "by" was left out in each of those subsections. These amendments are purely grammatical and technical.

Amendment agreed to.
Government amendment No. 3:
In page 5, paragraph (c), line 12, before "the" to insert "by".
Amendment agreed to.
Section 3, as amended, agreed to.
Section 4 to 8, inclusive, agreed to.
SECTION 9.
Government amendment No. 4:
In page 7, subsection (1), line 27, to delete "them" and substitute "it".

This is a technical amendment. In reference to the Lugano Convention the plural word "them" was used. As the Lugano Convention is a single item the appropriate word grammatically should be "it".

Amendment agreed to.
Section 9, as amended, agreed to.
Section 10 and 11 agreed to.
First Schedule agreed to.
Second Schedule agreed to.
Third Schedule agreed to.
Fourth Schedule agreed to.
Fifth Schedule agreed to.
Sixth Schedule agreed to.
Seventh Schedule agreed to.
Title agreed to.
Bill reported with amendments and received for final consideration.
Question proposed: "That the Bill do now pass."

I thank Members for dealing with these largely technical amendments in such an expeditious manner. They will have a number of important implications in the area of enforcement of judgments, including maintenance orders where perhaps the main application will lie. It is an important extension of the benefits of the EC that judgments can be mutually enforced in EC countries, and now also in EFTA countries as a result of the Lugano Convention.

Senator Fahey commented on Second Stage on the desirability of extending similar provisions to other countries such as the USA, Canada, Australia, New Zealand and so on. As I indicated then additional legislation will be coming before the House to address some of those problems. I am grateful to the Members, a Chathaoirligh, for their time.

I congratulate the Minister for introducing this Bill and thank the Government for initiating it in this House which adds to the status of the Seanad. It is a technical Bill as such and extends the current position within EC states. Having examined the original Bill at the debates we felt that the best approach was to put it through the House as quickly as possible to allow it become law.

I thank the Minister for initiating this Bill in the Seanad and thank all the Members who co-operated so willingly. It is an important Bill for the enforcement of judgments throughout the European Community.

Question put and agreed to.
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