The future UK-EU relationship Inquiry Response Page | 4
The Law Society of Northern Ireland – Written Evidence (UKE0071)
Introduction
The Law Society of Northern Ireland is the professional body for the solicitor profession in Northern Ireland. The Society regulates the solicitor profession, exercising its statutory functions under the Solicitors (Northern Ireland) Order 1976. The Society upholds professional standards, working in the public interest to ensure confidence in the solicitor profession in Northern Ireland. The Society is responsible for admitting newly qualified solicitors to the profession and for the continuing professional development of all solicitors.
As a member organisation, the Law Society represents and supports circa 3,000 practising solicitors working in approximately 470 solicitor practices and in public, private and third sector organisations. Through its Policy & Engagement function the Society acts as the voice of the profession, representing the profession’s interests, engaging with government and other stakeholders. More broadly, the Society works in the public interest to influence law reform, defending everyone’s right to have access to justice and upholding the rule of law.
The Society welcomes the opportunity to contribute to the House of Lords European Affairs Committee consultation on the future UK-EU relationship and is grateful to the
Committee for facilitating this submission. As a professional body operating in the only UK jurisdiction which has a land border with the EU and recognising that a significant number of our members operate on a cross-border basis, the Society can offer a unique perspective on these matters.
Noting the Committee is close to the conclusion of its inquiry, this submission has been kept purposefully brief and focuses on Professional Mobility on the island of Ireland which was the core issue of concern for the Society when confronted with the practical out workings of the UK’s exit from the European Union.
JANUARY 2023
PROFESSIONAL MOBILITY AND MUTUAL RECOGNITION OF QUALIFICATIONS
The legal professions on the island of Ireland have historically been intertwined with cooperation between the Law Society of Northern Ireland and the Law Society of Ireland a key feature. Many solicitors are admitted to the Roll of Solicitors in both Northern Ireland and the Republic of Ireland, especially in the border regions where solicitors’ natural clientbases tends to span both jurisdictions.
Although the basis for reciprocal recognition and admission between solicitors on the island of Ireland predates the EU, the arrangements had come to operate within the EU framework and in particular the Lawyers’ Directives. These of course lapsed following the end of the transition period on 31 December 2020, creating the potential for ambiguity and significant disruption of the all-island legal market.
In advance of this deadline the Society worked intensively with our colleagues in the Law Society of Ireland to find a way to preserve our long-standing and mutually beneficial system of reciprocal recognition of qualification and admission rights for solicitors. This was eventually achieved through a Mutual Recognition Agreement between the Law Societies of Northern Ireland and Ireland in the form of a Memorandum of Understanding (MOU) in 2020, a copy of which is attached to this submission. The stated aim of the MOU is to:
“…maintain the existing arrangements as between Ireland and Northern Ireland to the extent that it is legally possible to do so, notwithstanding the withdrawal of the UK from the EU.”
In effect the MOU preserves the mutual recognition of qualifications and enables solicitors enrolled in either Northern Ireland or Ireland to apply for a Practising Certificate in the other jurisdiction without an arduous requalification process. As a result, cross-border practice on the island of Ireland has been able to continue largely without interruption.
In 2022 the Law Society of Northern Ireland worked with the Law Society of Ireland to deepen our cooperation, implementing a Data Sharing Agreement which sits alongside and underpins the MOU, providing a flexible framework to facilitate data sharing on issues such as admission or disciplinary matters.
It is the Society’s belief that the MOU stands as a strong example of good practice and a demonstration of the mutual benefits of cooperation across borders post-EU Exit. In considering the future UK-EU relationship, working in this way i.e., allowing experts and those “at the coalface” to shape solutions to specific problems should be facilitated and supported by both the UK Government and the European Commission, particularly in the context of Northern Ireland.
WIDER EU MOBILITY AND PRACTICE RIGHTS
While the ability of Northern Irish solicitors to practice in the Republic of Ireland is our primary interest, the Society would nevertheless appreciate clarification on the mutual recognition of qualifications on the European Continent and would advocate for the full implementation of the Legal Services Section of the Trade and Co-operation Agreement (TCA) for the benefit of our members working further afield.
The Society regrets the loss of the EU Lawyers Directives that previously provided for uniform determining practice rights and we likewise regret that Northern Irish solicitors must now grapple with the respective regulatory regimes of each EU Member State in which they work. Greater transparency, and, where possible, simplification would be welcome regarding the rules and regulations governing solicitors working in the EU with particular regard for what services can be delivered, what can be charged for and the duration of visits.
The Society is aware that the TCA will be reviewed five years after it has come into effect. This review presents an opportunity to expand and clarify what services UK-qualified solicitors can deliver in Europe (and vice versa).
ENFORCEMENT OF JUDGMENTS
The automatic recognition and enforceability of judgments made in European Courts was lost as a part of the United Kingdom’s withdrawal from the European Union and the UK subsequently ceasing to be a member of the Lugano Convention. Accompanying this loss is an increase in costs for litigants seeking to enforce a judgment either here or in Europe. This has the effect of curtailing Access to Justice. Resecuring the ability to efficiently enforce judgments is of benefit to both businesses and citizens involved in cross-border disputes. The Law Society of Northern Ireland is strongly in support of the United Kingdom’s re-accension to the Lugano Convention and encourages all efforts to be made between the UK and the European Commission to allow this to happen without delay.
In the meantime, the Society is supportive of the UK Government becoming a signatory to the Hague Convention of 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. The EU has already deposited its instrument of accession to the Hague 2019 and as mutual parties thereto this will assuage some of the stress that those seeking to enforce civil and commercial judgments are under. We note, however that this presents only a partial solution to the problem due primarily to Hague 2019 not applying to family law. The exclusion of this important area of law underscores the importance of re-entering the mutual recognition framework so that civil, commercial and family judgments can be quickly and inexpensively enforced everywhere.
CONCLUSION
The Society welcomes the opportunity to make this submission to the Committee’s Inquiry on the Future UK-EU relationship and would be pleased to provide any clarification or further information as required.
Law Society of Northern Ireland
January 2023
Received 31 January