asked the Minister for Justice the reasons he has not brought forward legislation to incorporate the European Convention on the reciprocal enforcement of judgments on civil and commercial matters into Irish legislation despite the fact that this convention was signed by Ireland in 1979 and is part of the European Economic Community Treaty under Article 220 since 1968; if he will proceed with this legislation immediately; and if he will make a statement on the matter.
Ceisteanna—Questions Oral Answers. - European Convention on Reciprocal Civil Judgments.
1.
As I mentioned in the House recently, the legislation to enable Ireland to ratify the 1978 Convention of Accession of Ireland, Denmark, and the UK to the 1968 EC Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters is in the final stages of drafting and I hope to be in a position to introduce it very shortly. The Convention was signed by Ireland in 1978.
I must point out to the Deputy, however, that even when the legislation has been passed and the Convention ratified by us, it will not enter into force here unless and until it has been ratified by all of the original six member states. Up to now only five of the original six member states have ratified the Convention.
I might add that the legislation, when passed, will also enable Ireland to ratify the Convention, signed in October, 1982, on the accession of Greece to the 1968 Convention as adjusted by the 1978 Convention.
What is the reason for the long delay in bringing this legislation forward? Which member state has not ratified the Convention? Is the Minister aware that many contractors who have provided services here for citizens from other EC countries have not been paid and as a result are in serious financial difficulty? Is the Minister aware that because of commitments those people entered into they now find themselves almost penniless and their property about to be taken from them by financial institutions? Is the Minister aware that those people cannot take action against people from other member states? Will the convention be legally binding on defaulters since it was signed by Ireland?
With regard to the question about the delay in bringing the matter to a conclusion in the House I should like to point out that the convention was signed in 1978. The Deputy should ask elsewhere for the reasons for the delay between 1978 land 1981.
We have been listening to similar statements for a long time.
More important, as I pointed out to the Deputy, even had we taken steps to pass the legislation to enable us to ratify the convention up to now it still would not have had any effect because it cannot come into effect until all the original six member states have ratified it. One of the original six member states who has not ratified the convention is Belgium and I understand the legislation necessary for that country to ratify it is now before the Belgian Parliament. It is expected to be enacted at the latest before next October but we do not have any control over that.
The convention was drawn up in order to provide a speedy and informal procedure whereby civil judgments given in one member state could be enforced in another. I hope we will have the necessary legislation before the House soon but I must point out that were we to ratify before ratification by Belgium we will still have to wait for the Belgian procedure to be concluded.
It appears that until all member states introduce legislation ratifying the convention the terms of it will not be binding on any member state. Do we have an agreement with any member state on this matter? Will legislation have to be passed in all member states before the terms of the convention are binding on all?
The convention cannot come into effect unless and until it has been ratified by the original six member states. One of them, Belgium, has not so far done so and once Belgium signs it could come into effect. I am given to understand that once Belgium ratifies it the UK will be in a position to ratify it also. Furthermore I have learned that the Danish Government have recently introduced into their Parliament the measures necessary to ratify the convention there. It would appear that we are approaching the point at which it will have full force in all member states that have ratified the convention.
Have the UK ratified it?
No.
Do we have any private arrangement with any other member state?
That is a separate question but I should like to tell the Deputy that there are arrangements, some of which I referred to on another matter, in relation to particular areas but they do not have the same scope as the measure we are discussing now.