I welcome the Minister of State, Deputy Aodhán Ó Ríordáin.
Choice of Court (Hague Convention) Bill 2015: Committee and Remaining Stages
Sections 1 to 3, inclusive, agreed to.
SECTION 4
Amendment No. 1 is in the name of Senator Denis O'Donovan.
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 Denis O'Donovan. I welcome the Minister of State wish to withdraw the amendment.
Amendment, by leave, withdrawn.
Section 4 agreed to.
Section 5 agreed to.
SECTION 6
Government amendment No: 2:
In page 5, line 2, to delete "If an enforcement order" and substitute "Subject to section 7, if an enforcement order".
Section 6 is a standard provision which ensures 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 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.
Amendment agreed to.
Section 6, as amended, agreed to.
Sections 7 and 8 agreed to.
NEW SECTION
Amendment No. 3 is a Government amendment and proposes a new section. Amendment No. 4 is consequential. Therefore, amendments Nos. 3 and 4 may be discussed together, by agreement. Is that agreed? Agreed.
Government amendment No. 3:
In page 6, between lines 13 and 14, to insert the following:
"Protective measures
9. (1) An application to the Master of the High Court for an enforcement order respecting a judgment may include an application for any protective measures the High Court has power to grant in proceedings that, apart from this Act, are within its jurisdiction.
(2) Where an enforcement order is made, the Master of the High Court shall grant any protective measures referred to in subsection (1) that are sought in the application for an enforcement order.".
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. In the absence of 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 granting or otherwise are matters to be regulated by national law. Under national law, in the absence of an express provision, the 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 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 on the insertion of the new section 9 and relates to the collective citation of the Courts (Supplemental Provisions) Acts 1961 to 2015.
Amendment agreed to.
Section 9 agreed to.
SECTION 10
Government amendment No. 4:
In page 6, line 20, to delete "sections 5 to 8” and substitute "sections 5 to 9".
Amendment agreed to.
Government amendment No. 5:
In page 6, to delete lines 23 to 26.
The effect of the amendment will be to remove the need for a commencement order in order that the Bill will enter into force immediately on enactment.
Amendment agreed to.
Section 10, as amended, agreed to.
Schedule agreed to.
Title agreed to.
Bill reported with amendments, received for final consideration and passed.
When is it proposed to sit again?
Next Tuesday at 2.30 p.m.
The Seanad adjourned at 3.10 p.m. until 2.30 p.m. on Tuesday, 29 September 2015.