Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It is absolutely essential that we continue the work being done by a number of agencies and business organisations under the banner of ensuring that people are Brexit ready. In the area of rules of jurisdiction and, as specifically mentioned by the Deputy, civil and commercial issues, there are a number of challenges. It will be necessary, for example, to seek leave of the High Court or Circuit Court, as appropriate, to have proceedings served in another jurisdiction. Such cases would include those where the action relates perhaps to land in Ireland, in the Border area or any area, and the action is founded on a tort committed in Ireland or the action affects a contract made in Ireland and, of course, governed by Irish law. In other cases it may be necessary to bring the action before a court in the United Kingdom, including in Northern Ireland. This is not an area in which the EU has exclusive competence and it is not possible to enter into a bilateral agreement with the UK as regards arrangements for jurisdiction. My advice is to ensure that there is a proper and adequate information campaign, that the Government has a role to play in this regard and that persons contemplating legal action after 29 March do so on the basis of legal advice available to them.

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