Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I assure the Deputy that, at official and ministerial level, these issues have been the subject matter of discussion. I met the Secretary of State for Justice, David Gauke, on a number of occasions and we have discussed how best to deal with these issues. However, I need to make clear that the general enforcement of UK judgments in Ireland will be governed by the rules that apply to third countries because the UK will be out of the European Union. In practice, therefore, application of these common law rules will mean that UK parties seeking enforcement of judgments will have to issue proceedings seeking an Irish judgment in the terms of the foreign judgment before being able to obtain any enforcing measure. This is technically challenging. While many Government agencies have been most active in ensuring that our large and small commercial entities are Brexit ready, it is an inevitable consequence of a disorderly Brexit that litigation in the civil area may become more difficult for such entities. This is a matter over which the Government has very little control because Ireland is not free to enter bilateral arrangements with the UK on jurisdiction rules that will apply between ourselves in civil and commercial matters. As stated, it would be prudent for anybody contemplating litigation against a UK defendant to seek legal advice on the options available to him or her in the event there is a disorderly Brexit on 29 March.

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