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Dáil Éireann díospóireacht -
Thursday, 12 Oct 2000

Vol. 524 No. 1

Written Answers. - International Law.

Alan Shatter

Ceist:

39 Mr. Shatter asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the approval and implementation of the Brussels Regulation on Jurisdiction and the Rome II Convention on Contracts Applicable in Law; and if she will make a statement on the matter. [21631/00]

The purpose of these instruments is to strengthen the basis for judicial co-operation in civil and commercial matters and to develop further the uniform rules of private international law in the member states of the EU in certain areas. The proposed Brussels I Regulation deals with principles of jurisdiction and aims to speed up further the recognition and enforcement of judgments in both civil and commercial matters. The purpose of the Rome II Convention is to regulate the choice of law in tort and other non-contractual obligations.

The original rules were designed to deal with jurisdiction, at a time before the world wide web was invented and before cross-border business and consumer trade, using the internet, had become commonplace. I am concerned that appropriate rules should be drawn up to deal with jurisdiction in the Internet economy and in the context of the new ways of doing business. The continuing discussions on this regulation should focus on providing a clear and supportive regulatory framework for e-commerce.

Any new rules should take account of the realities of e-business. They should create a practical and workable regime, in which the rights of consumers can be protected, while providing clear rules which will encourage the growth of e-commerce.

In relation to the Rome II Convention on the law, applicable to non-contractual obligations, the Commission proposes to present a revised draft instrument to Council in due course, prior to which a process of consultation is to be engaged in. We will consider the text, when available, against the backdrop of our concern to have workable common rules, which will encourage e-commerce and greater choice for the consumer.

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