Oireachtas Joint and Select Committees

Thursday, 4 May 2017

Seanad Committee on the Withdrawal of the United Kingdom from the European Union

Engagement with the Bar of Ireland

1:55 pm

Mr. Patrick Leonard:

I will deal with some of those questions. The Chairman asked about proceedings. It is not that they would be delayed for two or three years. Very often in cross-border disputes, the parties have a number of choices as to where they would begin the litigation. That can depend on the contract and the parties who are going to be sued. The suggestion is that some parties would be concerned that an English judgment received at the end of litigation and entered after a hard Brexit would be less easy to enforce in other European countries. That might lead one to decide to issue those proceedings in another European country, including, potentially, Ireland, France or Germany. One would then know that one's judgment could be enforced in other countries.

To move from that legal strictly legal point to those raised by Senators Paul Daly and Craughwell, the opportunities which arise for the Irish legal sector present themselves in a number of areas. We were asked about the opportunities for indigenous firms and people here. In so far as large financial services or insurance firms move to Ireland, it is likely that they will use the services of existing firms in Ireland to provide some legal work. In so far as the Government is successful in persuading businesses to come to Dublin, that is likely to increase the amount of work for existing solicitors firms here. Obviously, if there are disputes in the long term, that is likely to produce extra litigation. Similarly, if we can persuade international companies to use Irish law more than they have to date and in areas like commercial contracts between Irish and foreign companies in funds, aircraft leasing and bonds, it is likely to give more demand for Irish lawyers. That is another area where, outside of people moving to the country, there can be an increase in business for Irish lawyers. There is obvious potential, as one reads in the newspapers, that some foreign firms may decide to come to Ireland. They may bring some employees from abroad, including English solicitors and New York attorneys, but, in truth, if some of the large firms from London or New York move to Dublin, it is likely to provide employment to the local market also. All of those are areas where the local market can be increased without reference to work coming in from abroad, which is obviously a different point.

We were also asked about a marketing suite and the engagement with other Government agencies. The Bar Council of Ireland has, for a number of months, had extensive engagement with a large number of solicitors firms. We have had extensive engagement with a number of Government Departments and IDA Ireland and we are in the process of putting together a formal strategy to market Irish lawyers and Irish law. That is in hand but not yet complete. It is something which can usefully be led at official level and we are hopeful the initiative will bear fruit over the next number of months. We are beginning to work hand in glove with IDA Ireland, which is very supportive of our proposal to market Irish law and Irish lawyers. Law is an ancillary service to the financial services sector but it will help to sell Ireland if IDA Ireland or any Department can go to London and New York and say that not only is the regulatory structure in Ireland good for setting up a financial services or insurance business, but we have the support structures in terms of good lawyers and accountants to support that business. In so far as the Government's pitch to the international community is that Ireland is an English-speaking common law system and in so far as that is an advantage, the legal community of barristers and solicitors should be part of the drive to market Ireland and show that it is a good place to conduct legal business, get legal advice and resolve business disputes.

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