Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No.10:

In page 13, between lines 34 and 35, to insert the following:“COTIF to have force of law in State

7. (1) In this section “Convention” means the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 appearing in the Annex to the Protocol of 3 June 1999 for the Modification of the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980 (Protocol 1999).

(2) (a) The Convention has the force of law in the State and judicial notice shall be taken of it.

(b) Any question arising as to whether the Convention applies in the circumstances of a particular case falls to be determined in accordance with the provisions of Article 3(2) of the Convention.

(c) A copy of the Convention purporting to be published by the International Rail Transport Committee may be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the Convention.”.

The amendment proposes to allow Ireland to formally ratify the convention of the Intergovernmental Organisation for International Carriage by Rail, COTIF. It sets out the rules and procedures for international rail travel. Ireland is one of only a handful of members of the organisation which have yet to fully ratify the convention. This failure to ratify has led to infringement proceedings being taken against Ireland by the European Commission. As a result and following advice from the Office of the Attorney General, I have decided that Ireland should expedite the ratification of the convention by means of primary legislation. Irish Rail has been fully consulted on the matter. Enactment of legislation in this area is unlikely to have any significant practical impact on rail operators or rail passengers in the State as the majority of the provisions of the convention were already covered by terms and conditions of contracts or provided for by EU legislation.