European Union (Withdrawal) Bill

Debate between Baroness Kennedy of Shaws and Baroness Burt of Solihull

Monday 19th March 2018 Lords Chamber

[Baroness Kennedy of The Shaws]

My Lords, Amendment 223 is about the enforcement arrangements, which rely on reciprocity, whereby a woman who has a child maintenance claim against an ex-partner can apply for an enforcement order in a court in the United Kingdom, which can then be enforced in another court in the European Union. An example which I have given a number of times in this House is a woman married to an Italian who shoves off, returns to Italy and does not pay maintenance for his children. Women being able to apply for an order which can be enforced across national borders saves time, money and stress and, ultimately, benefits mother and child. As I keep saying, if you have this problem and you are married to an American you have to get the money, go off to an American court and see what you can do over there. It is not easy, whereas it is very simple across the European Union.

This issue has not been commented on by the Government, so we can only infer that it is not yet on the agenda for any negotiations. We need to know what the Government plan to do on issues, like this one, where reciprocity is required and where mutuality makes it all work.

[Baroness Burt of Solihull]

My Lords, I support the amendment. Anyone who has been an MP in the other place will know from their caseload that child maintenance is a huge, complex and emotive issue. When I was in the other place I learned about this and the challenges for parents with care. Chasing recalcitrant dads, or mums, across national borders without co-operative and reciprocal—that word again—arrangements would be nigh on impossible. Will the Minister commit to ensuring that parents with care are not left high and dry post Brexit, and that we have arrangements in place before we actually leave?