asked the Minister for Justice if the EEC convention on Jurisdiction and the Enforcement of Civil and Commercial Judgements will be effective from the date of accession to provide for the enforcement in all EEC countries, including Britain, of maintenance orders made by Irish courts for the benefit of deserted wives resident in Ireland; if not, from what date it will be effective; and if he intends to initiate legislation for a bilateral maintenance agreement with Britain in the meantime.
Ceisteanna—Questions. Oral Answers. - Membership of EEC.
97.
The EEC Convention to which the Deputy refers was signed by the existing member States of the Community on 27th September, 1968. It has so far been ratified by Belgium, France and Italy.
Discussions are in progress between the Commission in Brussels and the four applicant States with a view to determining what technical adaptations of the Convention will be needed to take account of the legal systems of those States. These discussions will be followed by negotiations on matters of substance.
I cannot, at this stage, say when the Convention is likely to come into force, so as to enable maintenance orders of Irish courts to be enforced, under its provisions, in Britain and in the other member States of an enlarged Community. Meanwhile, the discussions in relation to reciprocal enforcement between Britain and ourselves are now being continued having regard to the altered situation arising from the prospective entry of both countries into the European Community. I am not in a position to make any further statement at the moment as to the likelihood of a bilateral agreement being made.
Is there a possibility that the existence of this agreement might, in fact, delay the introduction of a bilateral agreement?
The existence of the convention?
Yes, and the possible anticipation of adherence to that convention might, in fact, delay the negotiation of the bilateral agreement in what is a highly urgent social problem.
If there was likely to be any excessive delay in ratifying the convention, in Britain's ratification of it as well as out own, as I said recently, we have kept our options open to enable us to enter into a bilateral agreement with Britain, if necessary.