Private International Law (Implementation of Agreements) Bill [HL] — House of Lords, 2020-06-17
Topic: International Affairs
Richard Keen (Conservative, Centre-right): My Lords, Clause 1 implements important Hague private international law conventions, including the 2005 Hague Convention on Choice of Court Agreements and the 2007 Hague Convention on the international recovery of child support. These six government amendments aim to provide a clearer and simpler approach to the implementation of the transitional provisions in the 2005 and 2007 conventions. In particular, they aim to make further amendments to the 2018 EU exit SIs which were originally made in respect of the 2005 and 2007 conventions in the event of a non-negotiated withdrawal from the EU The Government are bringing forward these amendments following correspondence on the Bill from stakeholders and from the noble and learned Lord, Lord Mance. There was concern that the approach set out in Schedule 5 to the Bill was causing uncertainty for stakeholders. The approach involved continuing to rely on the transitional provisions of the EU exit SIs, which themselves relied on the saving of rights and obligations under Section 4 of the EU Withdrawal Act 2018. Concerns were also expressed about inconsistencies between the EU exit SIs and the transitional provisions of the conventions, to which the Bill gives legal effect under Clause 1. Furthermore, it was considered helpful to make it as clear as possible from which dates the conventions should be considered as applying in the United Kingdom Government Amendments 7 and 8 concern the savings provisions of the two 2018 EU exit SIs and make more extensive changes to them than originally set out in Paragraphs 3 and 4 of Schedule 5 to the Bill. The amendments revoke the savings provisions in the EU exit SIs in their entirety rather than retaining them in an amended form. Instead, reliance is placed on the transitional provisions in Article 16 of the 2005 Hague convention and Article 56 of the 2007 Hague convention which are given legal force by Clause 1. Amendments 4 and 6 are consequential on these changes to the EU exit SIs Amendment 9 makes it clear that the conventions should be interpreted as coming into force for the United Kingdom on the dates when the UK originally became bound by them—that is, upon the EU accession to the conventions—and that when the UK joins the conventions in its own right after the end of the transition period, it should be treated as having been bound by the conventions without interruption. This means in particular that in proceedings that take place after the UK rejoins the 2005 Hague convention in its own right, UK courts will apply the 2005 Hague convention rules to all relevant exclusive choice of court agreements made from 1 October 2015 in favour of the courts of an EU member state or the UK courts The content of these amendments was discussed at length at the main meeting of the Lord Chancellor’s Advisory Committee on Private International Law and the drafting has also been considered by the noble and learned Lord, Lord Mance, and other members of the committee. They have asked us to make sure that we provide a full explanation of the way in which the amendments are intended to work when we update the Explanatory Notes for the Bill before it passes to the other place, and I am happy to confirm that we will do so. Besides this, they were satisfied that the drafting properly gives effect to the policy intent, and I am very grateful to the noble and learned Lord, Lord Mance, and to the other members of the committee for their expertise in relation to this matter and for the time that they have spent considering these amendments. I hope that this serves to reassure the House that these are sensible, proportionate and necessary amendments. I consider that they provide a clearer approach to the implementation of the transitional provisions for both Hague 2005 and Hague 2007 at the end of the transition period, and I hope that they will find support across the House. I beg to move.