Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I again thank the Ceann Comhairle for the opportunity to speak on this new legislation, the Choice of Court (Hague Convention) Bill 2015. Like many colleagues, I welcome the Bill but I also welcome this debate as all Members must promote international trade and investment through judicial co-operation. The legal system is a major part in any democratic society, but it must also have the support and confidence of the people. Trust and respect are also key elements, and without them, a society or state will not survive. One must accept this reality. Criminality and corruption can never be tolerated, and all types of cronyism must be rooted out. In the case of the justice system, a person should be promoted on merit and ability and not on the basis that he or she is a member or supporter of a political party. This is something which Ireland has not faced up to recently, although everyone must support reform, as this society needs equality and a fair justice system. I raise this point on the broader issue of this Bill, the Choice of Court (Hague Convention) Bill.

As for the legislation's details, the purpose of the Bill is to make provide for the measures which are required to ensure the Hague Convention of 30 June 2005 on choice of court agreements can function appropriately within the Irish legal system. The European Union has exclusive competence in respect of the matters governed by the convention and therefore Ireland will not be ratifying the convention in its own right. The convention was signed by the EU in April 2009, subject to its conclusion at a later date. As I noted earlier, confidence and trust at national and international level are crucial in any debate on judicial co-operation. One must also be vigilant and ensure that states involved have respect for human rights, and if there is any doubt or lack of trust on these issues, Ireland should not be afraid to stand up and make this point at European Union and international level. I always am suspicious of consensus politics on these important matters. One always should be willing to challenge doubts about corruption or criminality. Too many states do not do so or turn a blind eye to this type of carry-on. The convention provided for in this Bill above all is about promoting trade and investment. While I will revert to the legislation's details later, if one has doubts about a judicial and justice system, confidence in that state will dwindle and it will not lead to greater investment and trade. This is an economic reality we must face.

The purpose of the choice of court Bill is to provide the necessary measures for effective co-operation in respect of the 2005 Hague Convention. The aims of the convention are to promote international trade and investment through enhanced judicial co-operation. The convention seeks to do this by setting down rules to ensure that exclusive choice of court agreements between parties which are concluded in civil or commercial matters are enforced. Closer consideration of the Bill reveals that section 2 authorises the Minister for Justice and Equality to make certain orders regarding convention matters, most notably that a specified state is a state bound by the convention or that particular declarations or communications have been made. While such orders are in force, they will be of evidential value. I also raise these issues within the legislation's details.

Earlier, the Minister of State spoke of trade with Mexico and mentioned a figure about which many Members were pleasantly surprised. He stated that in 2014, €1.216 billion worth of trade with Mexico was conducted, which included soft drinks concentrate and chemical products. This figure and the fact that Ireland has such robust trading with Mexico should be highlighted in the context of our international trade and agreements with other countries. It also should be taken further and new ideas are needed in this regard. Other Latin American countries also should be targeted with Irish products, including Argentina, which has a massive Irish diaspora. I recently met a distant cousin who turned up from Argentina, and he told me that unbelievable numbers of people of Irish descent live in Argentina and we would be pushing an open door in respect of trade. Ministers and the Cabinet in general should keep an eye on this issue as there is huge potential there for markets. Another country that has been in the news recently is Cuba. It would be fantastic to develop Ireland's relationship with Cuba now that things are opening up and the United States has opened up an embassy there. As there is a Cuban ambassador to Ireland, this relationship should be developed with particular emphasis on small businesses. In addition, Ireland should make the point at international level that it is time to end the blockade of Cuba and to give these people a break. They are wonderful people who have many ideas and talents, particularly in respect of practical health care. Anyone who has visited Cuba will know that one will never see people on trolleys, for example. One can also see a primary medical care service, despite the embargo and the hammering the country has received over the past 50 or 60 years. We can learn from one another and I raise this point in respect of the legislation.

We are discussing international trade, international justice and international confidence. When discussing issues of justice, it is important to raise the case of Ibrahim Halawa. I met his sisters yesterday protesting outside the Dáil and I urge the Minister of State and the Government to contact the Egyptian authorities again regarding Ibrahim's case, because he now has been locked up for nearly two years without trial or any sign of one. This is not acceptable in any democratic society and I urge the Government in this regard. I raise this matter in the Chamber because yesterday, at the gates of Leinster House, I gave a commitment to his sisters I would do so.

To revert to the legislation and the convention, I refer to what is an exclusive choice of court agreement. An exclusive choice of court agreement is a written agreement, such as a contract, between two or more parties that contains a clause designating one or more specific courts in a contracting state, to the exclusion of all other courts, to hear a dispute regarding the agreement. The convention seeks to remedy this situation by providing a harmonised framework to promote greater legal certainty in cross-border trade. The three key obligations in the convention are that the court designated in the agreement must, subject to certain exceptions, hear the case, any other court must decline to hear the case, and any judgment given by a court must be recognised and enforced in other contracting states. This is the precise point of the convention.

As for the Bill's principal provisions, they relate to the process for making an application for the recognition and enforcement of judgments in Ireland which originate from another contracting state to the convention, the enforcement of judgments under the convention in Ireland, the payment of interest on sums of money owed in judgments under the convention, and the proof and admissibility of judgments and related documents originating from other contracting states to the convention in Irish courts.

Those are the key provisions in this legislation.

A number of my colleagues have mentioned the SME sector. On the broader issue of SMEs, coming up to the budget next Tuesday, it is important for society that the Government supports small businesses. They have had a rough couple of years but they are now beginning to re-emerge and are hoping to develop their various businesses and take on people. We should therefore all encourage them and come up with some sensible proposals to help the small business sector. Recently, I had a successful public meeting with my colleague Senator Feargal Quinn in Dublin Bay North. We listened to a group of small business representatives from across my constituency and had an interesting meeting with them. In recent weeks, I have put many of the proposals raised at that meeting to the Minister. We need to examine such proposals.

My colleague, Deputy Mac Lochlainn, spoke of the need to break out of the current mindset and push for an all-Ireland economy in the context of the Good Friday Agreement. These are sensible proposals because an Ireland that is united on economic and social issues makes for a strong country.

The legislation before us states that the EU will apply the Hague Convention to insurance contracts in the following cases:

where the contract is a reinsurance contract; where the choice of court agreement is entered into after the dispute has arisen; where the choice of court agreement relates to a contract of insurance which covers one or more of the following risks considered to be large risks: any loss or damage arising from perils which relate to their use for commercial purposes, of, or to: seagoing ships, installations situated offshore or on the high seas or river, canal and lake vessels; aircraft; railway rolling stock; any loss of or damage to goods in transit or baggage other than passengers' baggage, irrespective of the form of transport.

While we are discussing transported goods and passengers, it is opportune to reflect on the crisis facing the hundreds of thousands of refugees coming out of Syria at the moment due to the horrific conflict there. I strongly believe that Ireland can play its part in assisting these people. There should be no fudge on this operation. Of course, neighbouring countries in that region also have responsibilities but, as a small nation, we can play our part as well. Last week, we had an interesting discussion on this matter at the Joint Committee on Justice, Defence and Equality, where there was cross-party support for helping those refugees. We can act in a humanitarian manner not only because it is the right thing to do, but also because of our history. Many of us have relations in America, Australia, England and elsewhere who emigrated over the years, so we know what it is like to be emigrants. We should not breed fear, as some are doing in Irish society. Young immigrant children are some of the most dedicated students one could ever meet in primary schools. Some immigrants who arrive with no money in their pockets can often become very successful people in their own right. They, in turn, will make a contribution to the Irish economy. It was interesting to note the other day that when the Tory government in England was having a go at immigrants and refugees, and coming out with very dangerous policies, the first people to criticise the government were in the business sector. They stood up and said that the immigrants' contribution to the economy should not be ignored.

Overall, I welcome the debate on this legislation. I think the Bill is a sensible one and I will be supporting it.

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