Eugene Regan (Fine Gael)

I commend the motion to the House. This legislation was drawn up originally outside the European Union framework under the Brussels Convention of 1968 under the aegis of the Council of Europe. Subsequently, it was adopted as a regulation following the Amsterdam treaty and it is very important legislation. Many judgments have been made at European and national court level on the matter in the interim period and it has been extremely important, particularly in the commercial sphere where a person trading with another member state can seek to have litigation dealt with in his or her jurisdiction. It has saved much in costs for many companies and it makes it possible to do cross-border business with much greater ease. The various judgments of the European Court of Justice inform the amendments and improvements envisaged.

The Minister outlined four main areas, including the declaration on enforcement, which is surplus to requirements. The issues of dealing with the jurisdiction with regard to third countries as distinct from European member states and that where parties agree by contract that a particular jurisdiction should apply are to be respected. Another matter is clarification on arbitration. I have no hesitation in recommending this resolution. Ireland should play its full part in this area. We secure major benefits from this type of legislation and it is important we are involved in the negotiations at the beginning.