Uncertainty over cases with British dimension

LAWYERS and clients involved in legal proceedings with a UK dimension could face “a period of uncertainty”, the Justice Department said.

The warning comes as a high level group involving representatives of the Courts Service, DPP, Attorney General and An Garda Síochána examines post-Brexit scenarios.

A key concern is that a range of EU instruments covering co-operation in civil and criminal matters will fall away once the UK exits the EU on March 29. This will have implications for a wide range of matters, including extradition.

In response to queries from the Irish Independent, the department said that while there were other international instruments to fall back on, these were not always as effective or user friendly.

“There may be a period of uncertainty as practitioners and their clients deal with a changed landscape,” a department statement said.

For example, it is proposed extradition between Ireland and the UK will be governed by the 1957 Council of Europe Convention on Extradition, which the department described as “more onerous procedurally”.

Concerns have been voiced that the High Court in Dublin will no longer be able to freeze bank accounts on foot of a claim of suspected fraud initiated in the UK courts. Since 2016, nine requests have been received from the UK to freeze or confiscate property.

The 1990 Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime and a 1998 agreement between Ireland and the UK concerning mutual assistance on criminal matters, could be used.

In response to concerns over the potential impact on child abduction cases, two Hague Convention fall-back instruments could be enforced.