Denis O'Donovan (Fianna Fail) | Oireachtas source

I welcome the Minister of State, Deputy Jimmy Deenihan.

As Fianna Fáil spokesperson on justice and equality, I support the Bill which implements a Government decision to agree to the proposals contained in the convention of 2005. The Bill will clarify the rules surrounding the international agreements which outline within them which court shall hear a case in the event of a dispute. Acceding to the convention will promote greater legal certainty in cross-border business and create a climate more favourable to international trade and investment. The increasing codification of international dispute resolution mechanisms provides the Irish legal sector with an excellent opportunity to become a world centre for the hearing of legal dispute cases.

As a common law and stable eurozone jurisdiction with strong international relations and in which people speak English, the Government should be exploring ways to increase commercial opportunities in this sector. The Minister should examine whether it would be possible to create the legal equivalent of the Irish Financial Services Centre to deal with international legal disputes. There is a niche market that could be exploited. I hope the Government, at Cabinet level, will look seriously at the significant possibility it could provide for the country. It would be a win-win. I have absolutely no doubt that Ireland is recognised internationally, in Australia, China, South America and elsewhere, as a very effective and efficient legal services centre. The added bonus of having an international court to deal with disputes under the Hague Convention would be a major boost to the country.

I have no difficulty with the principle of the Bill. The convention contains three basic rules that give effect to the choice of court agreement. First, the court must, in principle, hear the case under Article 5; second, any court not chosen must, in principle, decline to hear the case under Article 6; and, third, any judgment rendered by the chosen court must be recognised and enforced in other contracting states, except where there are grounds for refusal.

I wish to bring one matter to the Minister of State's attention which constitutes an extraordinary departure from Oireachtas legislation. Section 4 of the Choice of Court (Hague Convention) Bill 2015 provides that a judicial note shall be taken of the convention and the explanatory report on it prepared by Mr. Trevor Hartley and Mr. Masato Dogauchi and relevant court judgments. I understand this provision is in aid of the uniform interpretation of the convention. I am not taking in any way from the fantastic work these two academics have done. However, I am concerned about this unprecedented inclusion of a reference, in essence, an academic piece, in a section of a Bill proposed to be passed by the Houses of the Oireachtas. I ask the Minister for Justice and Equality to clarify whether it is appropriate to include this specific reference in the Bill. I would also like to know if the provision is being included in primary legislation in other parliaments of states which have signed up to the convention. I would like to ask how the Judiciary will be prepared to implement the Bill. The explanatory report on section 4 is more than 100 pages long. Will the Minister clearly outline what information or training will be provided for the Judiciary on implementation of the Bill?

I must stress my unease at the inclusion of a specific reference to an explanatory report in primary legislation and look forward to hearing an explanation for it. In my 20 years of service to the Oireachtas, in both the Dáil and the Seanad, I have never seen such an unprecedented and extraordinary departure in the proposed inclusion of the names of two academics in section 4 of the Bill. It is best expressed by the Latin phraseinclusio unius est exclusio alterius. Would the Minister for Finance, Deputy Michael Noonan, insert in a Finance Bill the name of the extraordinary civil servant Mr. T.K. Whitaker who worked with different Governments? Would Mr. John Kelly or others who did outstanding work on constitutional law have their names included in a Bill? I forewarn the Minister that while the Fianna Fail Party totally supports the concept behind the legislation which it would like to see enacted, I will table an amendment on Committee and Report Stages, if necessary, to have section 4 amended to exclude the names of the two academics concerned. I am sure they have done extraordinary work, but it represents a departure from parliamentary procedures in the Oireachtas. I have never seen enshrined in legislation the names of two European academics. I ask the Minister of State and the Minister for Justice and Equality to reflect on the logic of my contribution. I am vehemently opposed to this proposal which the Fianna Fáil Party will oppose. I do not want to muddy the waters because this is a good Bil, but naming individuals in section 4 is a departure from precedent and not something with which I could live. I will oppose it vehemently.