Dáil Éireann debate -
Tuesday, 20 Oct 1998

Vol. 495 No. 4

Written Answers. - Legalisation of Documents.

Ruairí Quinn

Question:

42 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the progress, if any, since June 1997 to give effect to the Conventions on Legalisation of Documents; and if he will make a statement on the matter. [20281/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

There are three conventions concerning legalisation of documents, namely the Hague Convention abolishing the requirement of legalisation of foreign public documents, 1961, the European Convention on the abolition of legalisation of documents executed by diplomatic or consular officers, 1968, and the Convention abolishing the legalisation of documents in the member states of the European Communities, 1987.

The bringing into effect of these conventions is dependent on the completion of the necessary ratification procedures which, in turn, require that relevant rules of court be prepared and that certain changes be made to a 1964 Companies (Forms) Order.

I am happy to inform the Deputy that considerable progress has been made on this matter over the time period to which he refers, although I would have to say that ensuring that the necessary arrangements were put in place did prove more complex than had, perhaps, been anticipated.

In any event, rules of court have been finalised by the Superior Courts Rules Committee and I understand that the forms order, which was a matter for the Department of Enterprise, Trade and Employment, has now been finalised by the parliamentary draftsman. A decision has also been taken to make a declaration under Article 6.3 of the Convention Abolishing the Legalisation of Documents in the member states of the European Communities which will ensure that this convention will apply at an early stage as between Ireland and other member states which have made the same declaration — currently four in number.

The intention is that the conventions will come into force on the same day and the Department of Foreign Affairs is working to ensure that the necessary synchronisation can be achieved. The likelihood is that the ratifications will be timed to ensure that the conventions are in force for Ireland by spring of next year.