Check Against Delivery

Ladies and Gentlemen, it gives me great pleasure to be here today to open this meeting of the European Judicial Network in civil and commercial matters. I am very glad to be able to welcome you as representatives of your Member States to Dublin for this important civil law event of the Irish Presidency. I would also like to extend a warm welcome to Mrs. Michou and her team, all of whom have worked hard with officials of my Department to make this event possible.

Together, you represent a wide array of cultural and legal traditions, working together in a concrete fashion to facilitate judicial co-operation between the Member States in relevant matters. The work which is undertaken by you supports the free movement of goods, capital, services and people, and thus you too play a part in supporting Europe’s economy at this difficult time. The theme of Justice for Growth has dominated our efforts throughout Ireland’s Presidency, and I would like to acknowledge the part which you play in supporting the wider economy of the EU.

You have a very full meeting agenda. Among the topics for discussion, I note that there is to be a presentation later today of a study evaluating the implementation of the 2008 Directive on certain aspects of mediation in civil and commercial matters I also note that tomorrow’s agenda includes a presentation by the Working Group on Family Mediation concerning family mediation in cases of international child abduction.

Mediation, and particularly family mediation, is a subject in which I have a great interest. There is a growing recognition that the objective of ensuring effective access to justice can often be achieved in ways that parallel and complement the traditional system of court-based litigation. I am pleased, therefore, to see an increasing trend towards the use of mediation as a tool for the resolution of civil disputes both in this country and internationally. The fact that a Mediation Directive has been in force throughout the EU since 2011 provides ample evidence of this increasing international dimension.

As you well know, a key objective of the Directive is to facilitate better access to justice by promoting the use of mediation. In a global environment, the benefits which attach to mediation can be considerable. The Directive recognises and acknowledges the fact that mediation is an inherently flexible process, and that an overly prescriptive approach to it should be avoided. This reflects the fact that mediation can arise in very diverse situations. In certain contexts, it may be more attractive to resolve disputes outside the traditional court mechanisms. But, at the same time, parties may want the security that any agreement reached can be enforced, even if enforcement is to take place in another country. This is primarily where the advantages of the Mediation Directive lie, given that it contains a number of important provisions dealing with the enforceability of mediation settlements, the admissibility of evidence in civil proceedings and the suspension of the limitation period.

The EU Directive, of course, only applies in a cross-border context. In the domestic sphere it is my intention to bring forward, shortly, a broadly-based Mediation Bill to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs and speeding up the resolution of disputes. The legislation, which is currently being drafted, will introduce an obligation on solicitors and barristers to advise any person wishing to commence court proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, on its own initiative and following the commencement of proceedings, invite parties to consider mediation and suspend proceedings to facilitate the mediation process.

Within the Irish courts system, new rules to promote mediation and conciliation in proceedings in the High and Supreme Courts have been in force since 2010. These rules provide for a mechanism similar to the type used extensively in our Commercial Court, whereby a judge can invite the parties to engage in ADR. The provisions specify that the refusal or failure without good reason of a party to participate in mediation or conciliation may be taken into account by the court when awarding costs. The aim of this measure is to minimise the cost of proceedings and to ensure that court resources are employed in an optimal manner.

There is an ever-growing consciousness both of the need to promote a more structured approach to ADR in the legal system and of the challenges which must be met to ensure that ADR can flourish within that system. There is general support and goodwill for the wider use of ADR and I am confident that future developments in this area, such as the Mediation Bill to which I have just referred, will capitalise and expand upon the achievements which have been realised to date so that Ireland’s capacity to offer enhanced ADR services across a wide range of sectors will deepen and grow.

Another significant element of this gathering is the meeting of the Central Authorities established under the Brussels 2A Regulation on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility. I regret that I have another commitment tomorrow which prevents me being here for the presentation of your national experiences on the application of the Regulation and on cooperation between the Central Authorities in matters of parental responsibility. I think it will be an interesting discussion of a very important topic which has set the standard where European Union family law is concerned.

Matters of parental responsibility lie at the very heart of our society and the role of the European Union in family law matters is significant in an environment where families, parents and children move freely from one country to another. Establishing which country has jurisdiction to hear a particular case, and ensuring that decisions made in one country can be implemented in another are vital elements in ensuring freedom of movement within the Union, and in bolstering personal and economic freedom. In particular, EU rules in relation to custody and access play an important role in ensuring the protection of children when they are at a particularly vulnerable stage in their lives. As Central Authorities the work you do is invaluable, although at times it must be both challenging and distressing.

In considering matters relating to parental responsibility money matters can often come to the fore. I am conscious that many of you here today in your capacity as Central Authorities established under the Brussels 2a Regulation also fulfill the function of Central Authority under Regulation 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and co-operation in matters relating to maintenance obligations. This is a very important instrument and, while it has been in operation for a mere two years, the principle of cooperation which it enshrines will, I am sure, have a an ever-growing and positive impact in terms of facilitating maintenance recovery within the EU.

Finally, I would like to refer briefly to an instrument which will, in the future, have implications for vulnerable persons and families and on which agreement was reached during the Irish Presidency. The Regulation on mutual recognition of protection measures in civil matters will mean that a protection order, such as a barring or safety order, obtained by a victim of domestic violence in one Member State will be recognised and enforceable in other Member States. This measure is part of the European Commission’s victims’ package and will enable victims of domestic violence to travel around Europe in safety, sometimes for the first time in many years. To put it in context, a person who has been the victim of an abusive partner and found the courage to seek help and protection from the authorities will now be able to enjoy the safety of that protection in other Member States. This will give them the freedom to visit family abroad, or even to relocate without further risking their safety or having to go through additional court processes in other countries. It is difficult to overstate the difference that this measure will make to the lives of some women, and also men, and their families. This measure is complementary to a similar measure targeting protection orders in criminal matters, both of which should come into effect across the EU within the next two years.

In conclusion, I would like to express once again my pleasure in being here to open this meeting of Contact Points and Central Authorities. I wish you well in your deliberations and, to those of you who are staying in Ireland for a few days after the conclusion of the meeting, I hope you enjoy yourselves and have a lovely weekend.

ENDS

26 June, 2013