I welcome the Minister of State.
Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee and Remaining Stages
Sections 1 and 2 agreed to.
SECTION 3
Amendments Nos. 1 to 4, inclusive, are related and may be discussed together by agreement.
Government amendment No. 1:
In page 8, lines 32 and 33, to delete "in accordance with" and substitute "referred to in".
Amendment No. 1 amends the definition of "citizenship ceremony" that was inserted into section 2 of the Irish Nationality and Citizenship Act 1956 by section 3 of the Bill as passed by Dáil Éireann. This is a technical amendment to reflect the changes I will outline in relation to amendment Nos. 2 to 4, inclusive.
Amendments Nos. 2 to 4, inclusive, amend sections 15 and 15A of the Irish Nationality and Citizenship Act 1956, as amended. Senators will be aware sections 15 and 15A of the Act relate to the conditions for naturalisation generally and the naturalisation of spouses of Irish citizens. Applicants for naturalisation are required to make a declaration of fidelity and loyalty to the State and to undertake to faithfully observe the laws of the State and its democratic values. This is normally done at a citizenship ceremony, unless there are special reasons it cannot be done. I am introducing these amendments to allow for the taking of declarations and undertakings in naturalisation applications under those sections other than in citizenship ceremonies. This will apply where, having regard to the number of applications, it is appropriate to do so in the interests of ensuring such applications are dealt with in an efficient manner. This is to ensure applications for naturalisation can be processed more efficiently in times of increased demand and the applicants can have quicker access to their certificate of naturalisation. This is not intended to replace the traditional method for the taking of declarations and undertakings under the Act of 1956 at citizenship ceremonies, but, rather, to complement current processes where absolutely necessary. It is envisaged that these alternative methods will be similar to the changes in procedure during the Covid-19 pandemic whereby commissioners for oaths, notaries public, solicitors or peace commissioners could witness the declarations and undertakings. It is the case applicants will have a choice as to whether they wish to make their declarations and undertakings in this manner or whether they do so in a citizenship ceremony.
Amendment agreed to.
Section 3, as amended, agreed to.
Sections 4 and 5 agreed to.
SECTION 6
Government amendment No. 2:
In page 9, to delete lines 26 and 27 and substitute the following:
“(ii) by the substitution of the following paragraph for paragraph (e):
“(e) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—
(i) made a declaration of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and respect its democratic values.”.”.
Amendment agreed to.
Government amendment No. 3:
In page 9, between lines 27 and 28, to insert the following:
“(b) by the insertion of the following subsections after subsection (1):
“(1A) The declaration referred to in paragraph (e) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—
(a) subject to subsection (1B), in a citizenship ceremony, or
(b) in such manner as the Minister, for special reasons, allows.
(1B) The Minister may—
(a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and
(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify, where the Minister is of the opinion that, having regard to the number of applications of which he is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.”.”.
Amendment agreed to.
Section 6, as amended, agreed to.
NEW SECTION
Government amendment No. 4:
In page 9, between lines 30 and 31 to insert the following:
“Amendment of section 15A of Act of 1956
7. Section 15A of the Act of 1956 is amended—
(a) in subsection (1), by the substitution of the following paragraph for paragraph (h):
“(h) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—
(i) made a declaration of fidelity to the nation and loyalty to the State, and
(ii) undertaken to faithfully observe the laws of the State and respect its democratic values.”,
(b) by the insertion of the following subsections after subsection (1):
“(1A) The declaration referred to in paragraph (h) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—
(a) subject to subsection (1B), in a citizenship ceremony, or
(b) in such manner as the Minister, for special reasons, allows.
(1B) The Minister may—
(a) dispense with the requirement under subsection (1A)(a) that the
declaration be made and the undertaking be given in a citizenship
ceremony, and
(b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify, where the Minister is of the opinion that, having regard to the number of applications of which he or she is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in
an efficient manner.”.”.
Amendment agreed to.
Section 7 deleted.
Sections 8 to 42, inclusive, agreed to.
NEW SECTION
These amendments are from the first substitute list of amendments, dated 21 June 2023. Amendments Nos. 5, 5a, 5b, 6, 6a, 6b, 8 and 17 are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 5:
In page 25, between lines 17 and 18, to insert the following:
“PART 7
AMENDMENT OF IMMIGRATION ACT 1999
Definition (
Part 7
)
43. In this Part, “Act of 1999” means the Immigration Act 1999.”.
Amendment No. 5 will insert a new Part 7 into this Bill to make a number of amendments to the Immigration Act 1999. First, it inserts a new section 43 into the Bill. This is a technical amendment to provide a definition of the Act of 1999 for the purposes of this new Part.
This also inserts a new section 44 to amend procedures for voluntary return under section 3 of the 1999 Act. Section 3(4) of the Immigration Act 1999 currently requires that a person to whom a deportation order is about to be made be given the option to voluntarily leave the State within 15 days before the order can be enforced against him or her. Where a deportation order has been enforced against a person and they are removed from the State, the person cannot re-enter the State unless the order is revoked. It is intended that this amendment will amend section 3 of the Act to allow the Minister to enforce a deportation order immediately where the person concerned has been convicted of a serious criminal offence or poses a threat to the security of the State, and does not have to wait for the time period to elapse. This will align these provisions more broadly with the deportation provisions under section 48 of the International Protection Act 2015. While voluntary return will continue to apply in almost all cases where it is appropriate to do so, it is important that it does not apply in all cases, such as those involving serious criminality.
Finally, amendment Nos. 5a and 5b also amend section 6 of the 1999 Act to provide for the service of notice under the Act by electronic means. This will allow for people to be contacted about their immigration decisions under this Act by email or through a customer portal where applicable. There have been many examples where people have changed their address and may not have notified my Department. This will enable us to send important notices even when a person may have moved. It should be noted that electronic service of notices can be effected only where the person has consented to service in this manner and they have provided their email address for this purpose to the administrator or registration officer. The new provision also provides for deemed service after expiry of three working days, which mirrors the current arrangements for postal service. While electronic service is not intended to fully replace other modes of service already provided for under current legislative provisions, it will allow more flexibility and efficiency for customers and will support ongoing modernisation efforts across immigration service delivery, including the introduction of a digital customer portal that will be rolled out over the coming years.
I will be seeking similar amendments today to the Immigration Act 2004 and the International Protection Act 2005.
Amendments Nos. 6a and 6b insert a new Part 8 of this Bill to make a number of amendments to the Immigration Act 2004. Similar to the amendments to the 1999 Act, they insert a new section 46 into the Bill to provide a definition of the Act of 2004 for the purposes of this new Part. The new section 47 makes two technical amendments to sections 4(3) and 4(7) of the 2004 Act to replace amendments made in the Dáil so that they appear within this new Part.
Amendments Nos. 6a and 6b also insert a new section 48 to amend section 18 of the 2004 Act to provide for the electronic service of notices under the Act in the same manner as outlined relating to the amendments Nos. 5a and 5b.
Amendment No. 8 proposes to amend section 62 of this Bill, which will amend section 5 of the International Protection Act 2015 to provide for the electronic service of notices under the Act in an almost identical manner as I outlined in relation to amendments Nos. 5 and 6. The only difference in relation to the amendments to the 2015 Act is that it will allow for service of notices by the International Protection Appeals Tribunal, which can service notices as part of the appeals process.
Amendment No. 17 makes a consequential amendment to the Long Title.
Would anybody else like to speak to the amendments? No.
Amendment agreed to.
Government amendment No. 5a:
In page 25, between lines 17 and 18, to insert the following:
“Amendment of section 3 of Act of 1999
44. Section 3 of the Act of 1999 is amended—
(a) in subsection (4)(b), by the substitution of “subject to subsection (4A), a statement” for “a statement”,
(b) by the insertion of the following subsection after subsection (4):
“(4A) The provisions of subsection (4)(b) shall not apply where—
(a) the person has been by a final judgment convicted in the State of a serious offence, or
(b) the Minister is of the opinion that there are reasonable grounds for regarding the person as a danger to the security of the State.”,
and
(c) by the substitution of the following subsection for subsection (12):
“(12) In this section—
'serious offence’ means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty;
‘working day’ means any day not being a Saturday, Sunday or public holiday.”.”.
Amendment agreed to.
Government amendment No. 5b:
In page 25, between lines 17 and 18, to insert the following:
“Amendment of section 6 of Act of 1999
45. Section 6 of the Act of 1999 is amended—
(a) in subsection (1)—
(i) in paragraph (a), by the substitution of “her,” for “her, or”,
(ii) in paragraph (b), by the substitution of “at that address, or” for “at that address.”, and
(iii) by the insertion of the following paragraph after paragraph (b):
“(c) by sending it to him or her by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.”,
(b) by the insertion of the following subsection after subsection (1):
“(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—
(a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or
(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.”,
and
(c) by the substitution of the following subsections for subsection (2):
“(2) Where a notice under this Act has been sent to a person in accordance with—
(a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and
(b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.
(3) In this section—
‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;
‘registration officer’ has the same meaning as it has in the Immigration Act 2004.”.”.
Amendment agreed to.
Government amendment No. 6:
In page 25, between lines 17 and 18, to insert the following:
“PART 8
AMENDMENT OF IMMIGRATION ACT 2004
Definition (
Part 8
)
46. In this Part, “Act of 2004” means the Immigration Act 2004.”.
Amendment agreed to.
Government amendment No. 6a:
In page 25, between lines 17 and 18, to insert the following:
“Amendment of section 4 of Act of 2004
47. Section 4 of the Act of 2004 is amended—
(a) in subsection (3)(k), by the substitution of “non-national;” for “non-national.”, and
(b) in subsection (7), by the substitution of “whether or not an application is made by the non-national concerned” for “on application therefor by the non-national concerned”.”.
Amendment agreed to.
Government amendment No. 6b:
In page 25, between lines 17 and 18, to insert the following:
“Amendment of section 18 of Act of 2004
48. Section 18 of the Act of 2004 is amended—
(a) in subsection (1)—
(i) in paragraph (a), by the substitution of “her,” for “her, or”,
(ii) in paragraph (b), by the substitution of “at that address, or” for “at that address.”,
(iii) by the insertion of the following paragraph after paragraph (b):
“(c) by sending it by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.",
(b) by the insertion of the following subsection after subsection (1):
“(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—
(a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or
(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.”,
and
(c) by the substitution of the following subsections for subsection (2):
“(2) Where a notice has been sent to a person in accordance with—
(a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and
(b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.
(3) In this section, ‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”.”.
Amendment agreed to.
Sections 43 to 49, inclusive, agreed to.
NEW SECTION
Government amendment No. 7:
In page 30, between lines 7 and 8, to insert the following:
“Amendment of section 40 of Act of 2004
50. Section 40 of the Act of 2004 is amended by the insertion of the following subsection after subsection (7):
“(7A) The leave of a court shall not be required for—
(a) the production of a document in accordance with subsection (6), or
(b) the giving of information or evidence in accordance with subsection (7).”.”.
This amendment is intended to address an issue identified in the 2022 High Court case X v. Y affecting the judicial complaints process under the Judicial Council Act 2019. The High Court stated that there is nothing in section 40 of the Civil Liability and Courts Act 2004 that varies or removes a traditional rule as regards obtaining the prior leave of the courts when it comes to the disclosure to third parties of documents, information or evidence that are generated in or garnered or gleaned from in camera proceedings. As a result, a person who wishes to make a complaint about the conduct of a judge would have to seek the permission of that judge against whom the complaint is to be made in order to submit information to the judicial conduct complaints mechanism. This is inappropriate and contrary to the intention of the judicial conduct legislation.
The amendment does not address the issue with regard to the judicial conduct complaint process solely and is couched in broader terms to allow for documents, information or evidence to be disclosed without the need for permission or leave of a judge where other bodies are performing functions consisting of a hearing, inquiry or investigation. Accordingly, the amendment provides that the leave of the court is not required for the production of a document within the meaning of subsection (6) or the giving of information or evidence within the meaning of subsection (7).
Would anybody else like to speak to the amendment? No.
Amendment agreed to.
Sections 50 to 61, inclusive, agreed to.
SECTION 62
Government amendment No. 8:
In page 45, to delete lines 18 to 26 and substitute the following:
“(a) by designating the section as subsection (1),
(b) in paragraph (c) of that designated subsection, by the substitution of “at that address;” for “at that address.”,
(c) by the insertion of the following paragraph after paragraph (c):
“(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister, to a registration officer, or to the Tribunal, of his or her consent to it (or notices or documents of a class to which it belongs) being served on or given to him or her in that manner.”,
and
(d) by the insertion of the following subsections after subsection (1):
“(2) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—
(a) if it is sent to an email address that the person has furnished to the Minister, to a registration officer or to the Tribunal for that purpose,
or
(b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.
(3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with—
(a) paragraph (c) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and
(b) paragraph (d) of subsection (1), the notice or other document shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices or other documents by electronic means generates a message or other record confirming the delivery of the notice or other document by the electronic means used.
(4) In this section—
‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;
‘registration officer’ has the same meaning as it has in the Act of 2004.”.”.
Amendment agreed to.
Section 62, as amended, agreed to.
Sections 63 to 66, inclusive, agreed to.
NEW SECTION
Amendments Nos. 9 and 18 are related and may be discussed together by agreement. Is that agreed? Agreed.
Government amendment No. 9:
In page 46, between lines 24 and 25, to insert the following:
“Prohibition on disclosure of confidential information by persons engaging with Commission in connection with relevant function
67. The Act of 2018 is amended by the insertion of the following section after section 26:
“26A. (1) The Commission may, where it or an authorised officer is authorised by law to provide information to a person (in this section referred to as a ‘relevant person’) in connection with the performance of a relevant function, by notice in writing given to the person—
(a) identify information that is provided, or to be provided, to the person by the Commission or an authorised officer, as the case may be, in connection with the performance of a relevant function by the Commission, an authorised officer, or both, as confidential information,
(b) specify, by reference to paragraph (a), (b) or (c) of the definition of ‘confidential information’, the reason the information so identified is confidential, and
(c) direct that the person shall, subject to subsection (2), not disclose that confidential information.
(2) A relevant person who receives a notice under subsection (1) may disclose confidential information referred to in the notice where such disclosure is—
(a) required or permitted by law, or
(b) authorised by the Commission in writing.
(3) A relevant person who fails to comply with a direction under subsection (1)(c) commits an offence and is liable on summary conviction to a class A fine.
(4) Where information, specified in a notice under subsection (1), is confidential by reference to paragraph (c) only of the definition of ‘confidential information’, the information shall cease to be confidential and the direction under subsection (1)(c) shall cease to apply to the relevant person concerned—
(a) subject to paragraph (b), where the information is confidential by reason of the fact disclosure could reasonably be expected to prejudice the effectiveness of the performance by an authorised officer of a relevant function, upon the completion of the performance by the authorised officer of the function, or
(b) where the information is confidential by reason of the fact disclosure could reasonably be expected to prejudice the effectiveness of the performance by the Commission of a relevant function or the effectiveness of the performance by the Commission of a relevant function and an authorised officer of a relevant function, upon the completion of the performance by the Commission of its relevant function.
(5) In this section—
‘confidential information’ means—
(a) commercially sensitive information within the meaning of section 149(7),
(b) information given in confidence and on the understanding that it will be treated by the Commission or an authorised officer, as the case may be, as confidential and where, in the opinion of the Commission—
(i) the disclosure of such information would be likely to prejudice the giving to the Commission or an authorised officer of further information by the person or information by another person, and
(ii) it is important that the Commission or an authorised officer, as the case may be, continues to receive such information for the purpose of the performance of a relevant function,
or
(c) information the disclosure of which could, in the opinion of the Commission, reasonably be expected to prejudice the effectiveness of the performance of a relevant function by it, an authorised officer, or both, as the case may be; ‘relevant function’ means a function—
(a) of the Commission in relation to—
(i) carrying out an investigation within the meaning of section 105,
(ii) handling a complaint within the meaning of section 107,
(iii) conducting an inquiry within the meaning of section 107,
(iv) handling a complaint within the meaning of section 118,
(v) conducting an inquiry within the meaning of section 118,
(vi) carrying out an audit under section 136(1), or
(vii) carrying out a data protection audit within the meaning of section 136(4),
or
(b) of an authorised officer under section 137(5) or 139(1).”.”
Amendment No. 9 inserts a new section 26A into the Data Protection Act 2018 to provide a prohibition on disclosure of confidential information by persons engaging with the Data Protection Commission in connection with certain defined functions. The relevant functions include matters such as handling of complaints under sections 107 and 118, the carrying out of investigations under section 105 and the conducting of inquiries under sections 107 and 118. Confidential information is defined and concerns information that is commercially sensitive or given in confidence or information the disclosure of which would reasonably expected to prejudice the effectiveness and performance of a relevant function.
Amendment No. 18 updates the Long Title to reflect this additional amendment.
Amendment agreed to.
Sections 67 to 94 , inclusive, agreed to.
NEW SECTION
Amendments Nos. 10 to 15, inclusive, and Nos. 19 and 20, are related, and may be discussed together.
Government amendment No. 10:
In page 58, between lines 15 and 16, to insert the following:
“Amendment of section 3 of Act of 1926
95. Section 3 of the Act of 1926 is amended—
(a) in subsection (3), by the substitution of “(other than the Master of the High Court)” for “(including the Master of the High Court)”, and
(b) by the insertion of the following subsections after subsection (4):
“(4A) The Master of the High Court shall cease to hold office if he or she is—
(a) convicted on indictment of an offence,
(b) convicted of an offence involving fraud or dishonesty, or
(c) sentenced to a term of imprisonment by a court of competent jurisdiction.
(4B) The Government may, in accordance with this section, remove the Master of the High Court from office if—
(a) in the opinion of the Government, he or she has become incapable, through ill-health or otherwise, of performing the functions of the office,
(b) in the opinion of the Government, he or she has failed without reasonable cause to perform the functions of the office for a continuous period of at least 3 months, or
(c) he or she has engaged in serious misconduct.
(4C) Where the Government propose to remove the Master of the High Court from office under subsection (4B), they shall give notice in writing to the Master of the High Court of the proposal.
(4D) A notice under subsection (4C) shall include a statement—
(a) of the reasons for the proposed removal,
(b) that the Master of the High Court may, within a period of 30 working days from the date of the giving of the notice, or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make
representations to the Government in such form and manner as may be specified by the Government, and
(c) that after the period referred to in paragraph (b) or the period specified in the notice, as the case may be, the Government shall decide whether to remove the Master of the High Court from office.
(4E) In considering whether to remove the Master of the High Court from office under subsection (4B), the Government shall take into account—
(a) any representations made by the Master of the High Court under subsection (4D)(b) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and
(b) any other matter the Government consider relevant for the purpose of their decision.
(4F) Where, after giving notice under subsection (4C), the Government decide not to remove the Master of the High Court from office, the Government shall notify him or her in writing of the decision.
(4G) Where, after giving notice under subsection (4C), the Government decide to remove the Master of the High Court from office, the Government shall, subject to subsection (4), notify the Master of the High Court in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notification under this subsection).”.”.
Amendment No. 10 inserts a number of new subsections into section 3 of the Court Officers Act 1926 to provide for the circumstances in which the Master of the High Court shall cease to hold office, the circumstances in which Government may remove the Master of the High Court from office and the process to be followed. The provisions are similar to those already provided for in section 96 of the Bill on county registrars and those already on the Statute Book in legal cost adjudicators.
Amendment No. 14 is a consequential amendment to section 57(1)(a) of the Courts (Supplemental Provisions) Act 1961, which concerns pension entitlements of the Master of the High Court, legal cost adjudicators and county registrars. It updates the references to the removal by Government of the office holders on certain grounds to reflect the new statutory processes which will be in place. This amendment does not impact pension entitlements.
Amendments Nos. 11 to 13, and 15, are typographical amendments to section 96 of the Bill, while amendments Nos. 19 and 20 update the Long Title.
Amendment agreed to.
Section 95 agreed to.
SECTION 96
Government amendment No. 11:
In page 59, line 9, to delete “Act of 1936” and substitute “Act of 1926”.
Amendment agreed to.
Government amendment No. 12:
In page 59, line 11, to delete “ceases” and substitute “shall cease”.
Amendment agreed to.
Government amendment No. 13:
In page 60, line 15, to delete “paragraph” and substitute “subsection”.
Amendment agreed to.
Section 96, as amended, agreed to.
Sections 97 to 104, inclusive, agreed to.
NEW SECTION
Government amendment No. 14:
In page 65, between lines 9 and 10, to insert the following:
“Amendment of section 57 of Act of 1961
105. Section 57 of the Act of 1961 is amended—
(a) in subsection (1)(a), by the substitution of “a person who holds or held the office of Master of the High Court, Chief Legal Costs Adjudicator, Legal Costs Adjudicator or county registrar ceases to hold that office and attains the age of sixty-five years, or ceases to hold that office having been removed from office under the applicable provisions” for “a person who holds the office of Master of the High Court, Taxing-Master or county registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty-five years”, and
(b) by the insertion of the following subsection after subsection (4):
“(5) In this section, ‘applicable provisions’ means—
(a) in the case of a person holding the office of Master of the High Court, paragraph (a) of section 3(4B) of the Act of 1926,
(b) in the case of a person holding the office of the Chief Legal Costs Adjudicator or Legal Costs Adjudicator, clause (a) of paragraph 18(11) of the Eighth Schedule, and
(c) in the case of a person holding the office of county registrar, section 35(8)(a) of the Act of 1926.”.”.
Amendment agreed to.
Section 105 agreed to.
SECTION 106
Government amendment No. 15:
In page 66, lines 4 and 5, to delete “Court Officers Act 1926” and substitute “Act of 1926”.
Amendment agreed to.
Section 106, as amended, agreed to.
Sections 107 to 112, inclusive, agreed to.
Section 113 deleted.
NEW SECTION
Amendments Nos. 16 and 21 are related and may be discussed together.
Government amendment No. 16:
In page 68, between lines 22 and 23, to insert the following:
“Amendment of section 32 of Registration of Deeds and Title Act 2006
114. Section 32(1): of the Registration of Deeds and Title Act 2006 is amended in the definition of “deed” by the substitution of the following paragraph for paragraph (e):
“(e) a certificate of vesting issued under section 46(1) of the Bankruptcy Act 1988 as evidence of the vesting of land in the Official Assignee under that Act;”.”.
Amendment No. 16 is a technical amendment proposed on the advice of the Office of the Attorney General and the Chief State Solicitor's Office to correct an inconsistency in the wording of section 32 of the 2006 Act, with sections 44 and 46 of the Bankruptcy Act 1988. Under sections 44 and 48 of the Bankruptcy Act 1988, when a person is adjudicated as bankrupt, the High Court adjudication order vests their property in the official signee in the bankruptcy. The court then issues a certificate of vesting, which is registered by the official assignee in the Land Registry and Registry of Deeds, now Tailte Éireann, to protect the property against leapfrog claims by creditors or from fraudulent transactions. Section 32 (1)(e) of the Registration of Deeds and Title Act 2006 describes the certificate as one which vests the property in the official assignee. It is the High Court adjudication order that vests a property and a certificate is merely evidence of the vesting provided for registration purposes. The amendment, therefore, corrects the wording of section 32(1)(e) to be consistent with sections 44 and 46 of the Bankruptcy Act 1988.
Amendment No. 21 updates the Long Title.
Amendment agreed to.
Section 114 agreed to.
Before we move on, can we give a big fáilte to Dooagh National School from Achill Island. They are all welcome here. It was a long journey for them, so I hope they are getting great enjoyment out of being in the Houses of the Oireachtas. Tá fáilte rompu.
You have to give them homework off.
They have homework off for the rest of the week. Is that agreed? Agreed.
Section 115 agreed to.
TITLE
Government amendment No. 17:
In page 7, line 15, after “1995;” to insert “to amend the Immigration Act 1999; to amend the Immigration Act 2004;”.
Amendment agreed to.
Government amendment No. 18:
In page 7, lines 21 to 26, to delete all words from and including “to”, where it firstly occurs, in line 21 down to and including “2018” in line 26 and substitute the following:
“to make provision for enabling the Data Protection Commission to prohibit the disclosure of confidential information by persons engaging with it in connection with the performance of certain functions, to issue a reprimand to a controller or processor in certain circumstances and to provide for the District Court to have jurisdiction, concurrently with the Circuit Court and the High Court, to hear and determine an action taken by a data subject in respect of his or her rights under the Data Protection Regulation and, for those and other purposes, to amend the Data Protection Act 2018”.
Amendment agreed to.
Government amendment No. 19:
In page 7, line 31, after “form;” to insert the following:
“to make further provision in relation to the appointment of a Deputy Master of the High Court and in relation to the circumstances in which the Master of the High Court and a county registrar may be removed from, or otherwise cease to hold, such office and for those purposes to amend the Court Officers Act 1926;”.
Amendment agreed to.
Government amendment No. 20:
In page 8, line 1, to delete “the Court Officers Act 1926,”.
Amendment agreed to.
Government amendment No. 21:
In page 8, line 4, to delete “the Immigration Act 2004,” and substitute “the Registration of Deeds and Title Act 2006,”.
Amendment agreed to.
Title, as amended, agreed to.
Bill reported with amendments.
When is it proposed to take Report Stage?
Is that agreed? Agreed.
Bill received for final consideration.
When is it proposed to take Final Stage?
Is that agreed? Agreed.
Question, "That the Bill do now pass", put and agreed to.