One of the sections in this Bill refers to conventions. Part II of the Bill enables effect to be given to the Rome Convention. If a country has not ratified the convention people here are no better off than they were before. Has the Minister any idea if all member states have ratified the convention.
SECTION 9.
Question proposed: "That section 9 stand part of the Bill."
In the case of the EU Convention, the intention is that all EC States will ratify it; in fact only one so far has done so. That is probably because you cannot ratify it until you have legislation in place. I will seek to complete our ratification as soon as this legislation is in place; a similar position will apply in the other countries.
The New York Convention is different, ratification is optional. I understand 40 countries have ratified it and no doubt there will be more as time goes on.
It is disappointing to hear that only one member state has ratified the EC Convention. Is there any way Ireland can contribute to the procedure at Council of Ministers level?
I am sure that is dealt with through the appropriate EU channels. I will raise that with our permanent representative at the EU. It has been pointed out to me that even if all states do not ratify the EU Treaty there could still be bilateral agreements on the basis of the Rome Convention. It would be desirable that all EU countries should ratify it. That will happen on a gradual basis when they get around to putting the necessary legislation in place, as we are doing with this Bill.
Is there a Council of Ministers for Equality and Law Reform?
There is not. As far as I know I am the only Minister in the EC who has that particular designation. The functions I exercise are exercised by various Ministers in the EU with different designations, usually Minister for Social Affairs. Some of the functions of Justice Ministers would come within the ambit of my Department. I attend EC Council meetings when matters that come within the ambit of my Department appear on the agenda.
I raise the question because of the Minister's reply to Deputy Keogh. Perhaps it would involve more than one Council of EU Ministers but could the Minister arrange to put on the agenda that the reciprocal arrangements would come into force in all member states?
I will look at what are the appropriate procedures. It may be appropriate to raise a matter such as that at meetings below the ministerial Council level. There are meetings of senior officials who deal with these conventions. Officials from my Department attend meetings on a regular basis to discuss the Brussels and other conventions. It may be effective and appropriate to raise it there. I will check on the appropriate level at which to raise the securing of ratification of this particular convention on a wider basis.
It is my experience that it will only be done at a Council of Ministers meeting.
I will look at that.
I agree with Deputy Deasy. The Minister is bringing forward legislation and he wants this to work. What are the implications for the workings of this Bill if the Rome Convention has not been ratified?
I believe it will be ratified by the EC member states. I cannot see any major difficulty or objection to it. The central authority procedure is not new. It has operated in other contexts for a long time, and works very well. Apart from the EU Convention we are dealing with the New York Convention. It has a very wide application even in the absence of the EU Convention.
Question put and agreed to.