European Union (Withdrawal) Bill

Baroness Deech Excerpts

Monday 19th March 2018 Lords Chamber

[Baroness Butler-Sloss]

My Lords, from bitter experience as a family judge, I am aware how difficult it is for the mother of children—and occasionally the father; it is not always one-way—to get an effective maintenance order. I am not talking about Brexit at all, but one of the current benefits of the EU is the ability to follow an order made in an English court in another EU country, and the equal ability of the other 26 countries to follow an order into an English court. This is the absolute ultimate of good reciprocity. That is at enormous risk as we leave the EU. It is one issue that the Government must address alongside the reciprocity on divorce and other issues that we discussed earlier, and see that the good of this very good interchange between the 27 countries of the EU is not lost post Brexit.

[Baroness Deech (CB)]

Will the existing Hague convention on maintenance cover the situation? From what I have learned there are dozens, if not hundreds, of other states with which we have reciprocal arrangements for enforcing child maintenance. Some say that once we leave Europe, and leave the Brussels conventions, it will be simpler. We will simply have one international regime. There are those who say that it is actually better than the Brussels regime. All we need to do is sign up as an individual member—not as an EU member—of the Hague maintenance convention with its advantages stretching all around the world. I would like to be reassured that that will be just as good as the situation that we have at the moment.

I also support other Members in pointing out how very bad child maintenance law is at the moment in this country. It is very difficult to enforce in England, let alone elsewhere, but this is not the time to go into the great failings of that particular area of the law. We need to know whether the Hague convention will do, and whether we will sign up with the necessary three months’ notice before we exit from the Brussels conventions.

[Baroness Thornton]

I say to the noble Baroness, Lady Deech, that her neighbour, the noble and learned Baroness, Lady Butler-Sloss, was shaking her head during her remarks about the Hague convention and its applicability in this case. We are again talking about reciprocity and gaps. This is a theme that noble Lords will recognise has run throughout this Bill. My noble friend Lady Sherlock spoke about it at Second Reading and at an earlier stage in Committee, painting some very vivid and moving pictures about all of these issues to do with divorce, maintenance and safeguarding children. This is yet another step along that road.

These are issues that affect ordinary people who happen to marry people from another country and have children with them. These are everyday issues—not the gigantic ones to do with human rights that we have come to recognise as part of this discussion—and will affect people because they will not be able to afford to go to law without the reciprocity that exists at the moment. The Minister needs to assure the House that the reciprocity that we have now is going to continue.

--- Later in debate ---

[Lord Newby]

Or whenever it appears.

The doctrine of an unripe time is one of the most pernicious of the comfort blankets of the irresolute. The truth is that we are now only months away from a decision on Brexit. If there is to be a referendum on the deal, people need to start planning for it and campaigning on it. Passing this amendment would send a signal to the Government, the Electoral Commission and all those concerned about the final outcome that a referendum is an option for which preparation should now be made. Delaying any decision until—

[Baroness Deech]

Will the noble Lord explain what is meant by revoking Article 50 or reverting to the status quo? How could the electorate know what conditions might be imposed by the other 27 if we were to revoke Article 50, assuming that that is allowed, and letting us back in? In other words, it would be yet another pig in a poke because for all one would know conditions would be applied such as having to join the eurozone, Schengen or other conditions that we have avoided so far. The electorate would have no idea what conditions might be imposed if we stopped the negotiations.

[Lord Newby]

If we stopped the negotiations we would not have left the EU, so we would be in in the EU then as we are now.