Private International Law (Implementation of Agreements) Bill [Lords] — House of Commons, 2020-09-02
Topic: International Affairs
Robert James Buckland (Conservative, Centre-right): I beg to move, That the Bill be now read a Second time Private international law might sound rather dry and technical—[Laughter.] I get ready assent from the hon. and learned Member for Edinburgh South West (Joanna Cherry)—but at its heart sit the lives of real people and the challenges they face when legal disputes arise in relation to cross-border matters. I am talking about people such as the parents who need to make arrangements in the best interests of their children when a relationship breaks down and one spouse moves abroad, or the small business left out of pocket by a supplier based in another country needing to seek redress in the courts Reciprocal private international law rules provide a framework to allow businesses in the United Kingdom, families and individuals to resolve these difficult and challenging situations. They help to avoid confusion for all parties by preventing multiple court cases taking place in different countries on the same subject and potentially reaching different conclusions. Such reciprocal rules also allow for the decisions of UK courts to be recognised and enforced across borders. All this helps to reduce cost and anxiety for the parties involved. It is vital, therefore, that in the future the UK can not only continue to co-operate on private international law matters with existing partners, but implement new agreements into our domestic law that are fit for the 21st century, and this Bill underpins our ambition to deliver real and tangible benefits for our country and our citizens both now and in the years to come I would also like to reassure right hon. and hon. Members that whilst private international law can support and underpin cross-border trade, the Bill is not about the implementation of free trade agreements. The terms on which trade between two countries take place are clearly outside the scope of the Bill During our membership of the EU, we helped to build, develop and refine an advanced framework of rules on private international law. On 31 January 2020 we marked the first time in more than 20 years that full competence in this area of law returned to the UK. It is important that we acknowledge this new reality and take appropriate steps, and those include ensuring that our statute book is fit for purpose. The Bill achieves this by reimplementing in domestic law three key private international law agreements in which we currently take part so that in future we do not need to rely on retained EU law as the main legal basis for our continued participation These three agreements are Hague conventions, adopted under the auspices of the Hague conference on private international law. The UK currently operates them due to our previous membership of the EU, but we will become an independent contracting party to them in our own right at the end of the transition period. Our continued membership of these agreements is widely supported by interested parties in the legal and finance sectors, and indeed by Members in this House and the other place. Clause 1 ensures that these important conventions can continue to operate effectively in the future by stating that they "shall have the force of law in the United Kingdom" from the end of the transition period, instead of relying upon retained EU law for their implementation domestically beyond then. This will make their implementation clearer and more straightforward for practitioners, litigants and, indeed, our international partners These three conventions cover distinct areas of private international law in the fields of commercial and family law. The 2005 Hague convention increases legal certainty in disputes that relate to cross-border commercial contracts, which include an exclusive choice of court clause. It does this by ensuring that there is no dispute over where a case should be heard and enables any resulting judgment to be recognised and enforced across borders These types of choice of court clause are common in high-value commercial contracts, but in family law we are also reimplementing two conventions that cover sensitive and important issues for individuals and families who become engaged in cross-border disputes when a relationship unfortunately breaks down. The 1996 Hague convention improves the protection of children in cross-border disputes and helps families to resolve issues such as residence of and contact with children whose parents live in different countries. Finally, the 2007 Hague convention provides for the recovery of child support and other forms of family maintenance across borders The Government made a number of minor and technical amendments in the other place, which received widespread support, to provide a clearer and simpler approach to the implementation of the transitional provisions relating to the 2005 and 2007 conventions. However, the reimplementation of the Hague conventions is only a measure for the status quo. We need to ensure that we are ready for the opportunities that will arise in the future I firmly believe that we must now seize that opportunity of regaining full competence in this area by building on our long and proud history in private international law and cementing our role in international forums, such as the Hague Conference, the Council of Europe, the United Nations Commission on International Trade Law and the International Institute for the Unification of Private Law. We have long been a world leader in this field, and we should aspire to remain so. While being justifiably proud of our achievements in this space thus far, to really harness our potential we need a legislative vehicle to be able to implement any new agreements successfully negotiated with our international partners.