Afghan Citizens Resettlement Scheme

Baroness Laing of Elderslie Excerpts

Thursday 6th January 2022 Commons Chamber

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Statements are meant to take an hour or less. I will not let this statement run past an hour, so we need much shorter questions please.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

May I first pay huge tribute to my hon. Friend, who has done such an extraordinary job? The amount of joy it has given me to welcome friends into this country has been frankly overwhelming, but there are many who are still stuck in third countries. Please can she address with the Foreign Office the support of those who are waiting for exit visas or support? Secondly, those who have written to me for support, and to many other Members across the House and the country, have often applied for schemes that have now been replaced. Will those applications be rolled into this scheme, or will they require resubmission?

--- Later in debate ---

[Victoria Atkins]

We have published our support package for whole families, which of course includes children. It focuses on the needs of not just school-age children but, importantly, adults who may need support in learning English. We have a fund of £850 per eligible adult to help them to enrol on English for speakers of other languages courses.

The Department for Education has also announced that young people who wish to go on to higher education will fall into the system of having indefinite leave to remain, so they will not have to pay the sorts of fees that others from overseas have to pay. We are very keen that children be integrated as quickly as possible, because they are the future for ensuring that their families play an important part in our local communities.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I appreciate that the Minister is giving very thorough answers, but from now on, people will have to be satisfied with quick answers. If they do not ask quick questions, not everyone will get in.

[Alison Thewliss (Glasgow Central) (SNP)]

On 30 September, I received a letter from Lord Ahmad in response to the many cases of my constituents’ families stuck in Afghanistan. It listed all those cases and said whether they were with the Ministry of Defence or the Home Office. Can the Minister give me an update on the status of those people and what I can tell my constituents?

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

I said that we would stop at one hour, but I cannot possibly leave out the last two people, who will be really, really brief.

[Mark Fletcher (Bolsover) (Con)]

The UK has a very proud history of accepting people who are in great need. I think of the Ugandan Asian community, who I know very well. This scheme shows that we do have legal and safe routes to come and live in this country. Does that not reinforce the need to crack down on illegal routes, particularly the small boats? Does the Minister agree that the legislation that is currently in the House of Lords is vital in that fight?

--- Later in debate ---

[Victoria Atkins]

I assume that the hon. Lady is talking about constituents here in the United Kingdom, because she is meeting them. If they are in bridging accommodation, they will be considered as part of either ARAP or ACRS, unless they are British nationals. In relation to people who are in Afghanistan, I refer the hon. Lady to my previous answers.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I thank the Minister for her assiduous answers to a great many questions.

Afghan Citizens Resettlement Scheme

Baroness Laing of Elderslie Excerpts

Monday 25th October 2021 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for all she does. In Northern Ireland, it will be the Northern Ireland Assembly that looks after the allocation of Afghan refugees. At the very beginning of the process, the managing directors of two companies in my constituency, Willowbrook Foods and Mash Direct, each offered 20 places in their workforce to Afghanis; they also offered housing and accommodation. Minister, can I ask: after all this time, what is happening?

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Please will the hon. Gentleman not say “Minister, can I ask—”? Please will he say, “Can the hon. Lady—”, in the third person, not the second?

[Jim Shannon]

Can the hon. Lady respond to me and my constituents, who wish to offer those people not only places in the two factories, but accommodation? The offer is there today.

End-to-end Rape Review

Baroness Laing of Elderslie Excerpts

Monday 21st June 2021 Commons Chamber

Bills Presented

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now come to the presentation of Bills. As the House can see—I do not think I have seen this many people in the Chamber for a very long time—we have a good many Bills to be presented today. In order to save time and to get on with today’s main business, for Members presenting more than one consecutive Bill, I will accept private notice of the dates of Second Reading for those Bills. These dates will be minuted accordingly in Hansard and in Votes and Proceedings. For Members presenting individual Bills, they will name the date for Second Reading as usual.

Registers of Births and Deaths

Presentation and First Reading (Standing Order No. 57)

Saqib Bhatti presented a Bill to make provision about the keeping and maintenance of registers of births and deaths; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 26 November, and to be printed (Bill 34).

Mental Health Provision (Children and Young People)

Presentation and First Reading (Standing Order No. 57)

Munira Wilson presented a Bill to require the Government to report annually to Parliament on mental health provision for children and young people.

Bill read the First time; to be read a Second time on Friday 18 March 2022, and to be printed (Bill 35).

Asylum Seekers (Permission to Work)

Presentation and First Reading (Standing Order No. 57)

Carol Monaghan, supported by Martin Docherty-Hughes, Patrick Grady, Anum Qaisar-Javed, David Linden, Stewart Malcolm McDonald, Stuart C McDonald, Anne McLaughlin, Angus Brendan MacNeil, Chris Stephens, Alison Thewliss and Owen Thompson, presented a Bill to make provision for granting permission to work to asylum seekers who have waited six months for a decision on their asylum application; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 36).

Miniature Mobile Phones (Prohibition of Sale)

Presentation and First Reading (Standing Order No. 57)

Sarah Atherton presented a Bill to prohibit the sale of miniature mobile phones; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 37).

Domestic Building Works (Consumer Protection)

Presentation and First Reading (Standing Order No. 57)

Mark Garnier, supported by Mr Steve Baker, Anthony Mangnall, David Morris, Kelly Tolhurst, Caroline Nokes, Jake Berry, Emma Hardy and Fleur Anderson, presented a Bill to make provision about consumer protection in relation to domestic building works; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 November, and to be printed (Bill 38).

Unsolicited Explicit Images And Deepfake Pornography

Presentation and First Reading (Standing Order No. 57)

Angela Richardson presented a Bill to create the offences of sending unsolicited explicit digital images and of producing digitally-altered images or videos in which an individual is depicted pornographically without their consent; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 February 2022, and to be printed (Bill 39).

Local Authority Boundaries (Referendums)

Presentation and First Reading (Standing Order No. 57)

Robbie Moore, supported by Philip Davies, presented a Bill to make provision to enable parliamentary constituency areas to form new unitary local authority areas if agreed by referendum; to make provision for such referendums; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 25 February 2022, and to be printed (Bill 40).

Approved Premises (Substance Testing)

Presentation and First Reading (Standing Order No. 57)

Rob Butler presented a Bill to make provision about substance testing in approved premises and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 41).

Prime Minister (Temporary Replacement)

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to make provision for the carrying out of the functions of the Prime Minister in the event that a Prime Minister, or a person temporarily carrying out the functions of the Prime Minister, is incapacitated; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 14 January 2022, and to be printed (Bill 42).

British Goods (Public Sector Purchasing Duty)

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to place a duty on public bodies to have a presumption in favour of purchasing goods of British origin in purchasing decisions; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 43).

Covid-19 Vaccine Damage

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to require the Secretary of State to establish an independent review of disablement caused by Covid-19 vaccinations and the adequacy of the compensation offered to persons so disabled; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 44).

Employment Bill

Presentation and First Reading (Standing Order No. 57)

Martin Docherty-Hughes, supported by Chris Stephens, presented a Bill to make provision about the rights of workers, including to negotiate pay and join trade unions and employee associations; to amend the definition of worker; to make provision about the employment rights of members of the armed forces; to make provision about employee representatives on company boards; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 45).

Corporate Homicide Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to amend the Corporate Manslaughter and Corporate Homicide Act 2007 to make provision about the offence of corporate homicide; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 46).

Public Advocate Bill

Presentation and First Reading (Standing Order No. 57)

Maria Eagle, supported by Sir George Howarth, Derek Twigg, Alison McGovern, Dame Angela Eagle, Peter Dowd, Bill Esterson, Conor McGinn, Dan Carden, Ian Byrne, Paula Barker and Kim Johnson, presented a Bill to establish a public advocate to provide advice to, and act as data controller for, representatives of the deceased after major incidents.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 47).

Paternity (Leave and Pay) Bill

Presentation and First Reading (Standing Order No. 57)

Gareth Davies presented a Bill to extend eligibility for paternity leave and pay; to make provision for more flexibility in the timing of, and notice period for, paternity leave; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 48).

Goods Delivery Services Bill

Presentation and First Reading (Standing Order No.57)

Jamie Stone presented a Bill to regulate charges for, and the advertising of, goods delivery services; to make provision about transport infrastructure in remote areas to promote the use of goods delivery services; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 March, and to be printed (Bill 49).

Public Bodies (Representation from Devolved Nations) Bill

Presentation and First Reading (Standing Order No.57)

Wendy Chamberlain presented a Bill to require the Government to have regard to the desirability of boards of public bodies including at least one person with relevant experience in at least one of Scotland, Wales and Northern Ireland.

Bill read the First time; to be read a Second time on Friday 26 November, and to be printed (Bill 50).

Education Employment (Accompaniment to Hearings) Bill

Presentation and First Reading (Standing Order No.57)

Brendan Clarke-Smith, supported by Andrew Lewer, Andrew Percy, Caroline Ansell, Damian Hinds, Jonathan Gullis, Jim Shannon, Robert Halfon, Scott Benton, Selaine Saxby, Tim Loughton and Virginia Crosby, presented a Bill to provide that teachers and other education staff may choose to be accompanied to disciplinary or grievance hearings by a person other than a trade union representative or colleague; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 51).

Clean Air Targets (World Health Organization Guidelines) Bill

Presentation and First Reading (Standing Order No.57)

Christine Jardine presented a Bill to require United Kingdom clean air targets to comply with World Health Organization guidelines; to require the Secretary of State to report annually to Parliament on that compliance; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 52).

Energy Pricing Bill

Presentation and First Reading (Standing Order No.57)

Martyn Day, supported by Margaret Ferrier, Marion Fellows, John Mc Nally, Ronnie Cowan and Douglas Chapman, presented a Bill to prohibit the practice of offering preferential energy tariffs to new customers compared to existing customers; to place further restrictions on energy pricing; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 53).

Commercial Rent (Prohibition of Upward-Only Reviews) Bill

Presentation and First Reading (Standing Order No.57)

Sarah Olney presented a Bill to prohibit the use of upward-only rent review clauses in commercial rent agreements; to nullify existing such clauses; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 March 2022, and to be printed (Bill 54).

City of Bradford (Referendum on Shipley and Keighley)Bill

Presentation and First Reading (Standing Order No.57)

Philip Davies, supported by Robbie Moore, presented a Bill to make provision for a district-wide referendum in the City of Bradford Metropolitan District Council area on the continued inclusion of the areas covered by the Shipley and Keighley parliamentary constituencies in that district; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 25 February 2022, and to be printed (Bill 55).

Wellbeing of Future Generations (No. 2) Bill

Presentation and First Reading (Standing Order No.57)

Simon Fell presented a Bill to make provision for a public consultation to inform a set of national wellbeing goals; to require public bodies to act in pursuit of the United Kingdom’s environmental, social, economic and cultural wellbeing by meeting wellbeing objectives, publishing future generations impact assessments and accounting for preventative spending; to establish a futures and forecasting report; to establish a Commission for Future Generations for the United Kingdom; to extend the duty of the Office of Budget Responsibility to consider wellbeing and the future generations principle in their work; to add onto a Minister in each government department’s portfolio a duty to promote the future generations principle across government policy; to establish a Joint Parliamentary Committee on Future Generations; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 56).

Conversion Therapy (Prohibition) Bill

Presentation and First Reading (Standing Order No.57)

Wera Hobhouse presented a Bill to prohibit sexual orientation and gender identity conversion therapy; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 March 2022, and to be printed (Bill 57).

Pedicabs (London) Bill

Presentation and First Reading (Standing Order No.57)

Nickie Aiken, supported by Felicity Buchan, Florence Eshalomi, David Simmonds and Ms Karen Buck, presented a Bill to provide for the regulation of the carrying of passengers in Greater London by pedal cycles and power-assisted pedal cycles for hire or reward; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 November, and to be printed (Bill 58).

Employment (Caring Leave) Bill

Presentation and First Reading (Standing Order No.57)

Jack Brereton presented a Bill to give employees who are unpaid carers the right to one week’s unpaid leave for caring purposes; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 February 2022, and to be printed (Bill 59).

Palestine Statehood (Recognition) Bill

Presentation and First Reading (Standing Order No.57)

Layla Moran, supported by Ed Davey, Stephen Farry, Sarah Champion, Andy Slaughter, Alyn Smith, Caroline Lucas and Claire Hanna, presented a Bill to make provision in connection with the recognition of the State of Palestine.

Bill read the First time; to be read a Second time on Friday 18 March 2022, and to be printed (Bill 60).

Climate and Ecology Bill

Presentation and First Reading (Standing Order No.57)

Caroline Lucas, supported by Barry Gardiner, Alan Brown, Ed Davey, Liz Saville Roberts, Claire Hanna, Stephen Farry, Clive Lewis, Alex Sobel, Brendan O’Hara, Sarah Olney and Ben Lake, presented a Bill to require the United Kingdom to achieve climate and nature targets; to give the Secretary of State a duty to implement a strategy to achieve those targets; to establish a Climate and Nature Assembly to advise the Secretary of State in creating that strategy; to give duties to the Committee on Climate Change and the Joint Nature Conservation Committee regarding the strategy and targets; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 61).

Non-Disclosure Agreements Bill

Presentation and First Reading (Standing Order No.57)

Mrs Maria Miller presented a Bill to restrict the use of non-disclosure agreements; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 62).

Tips Bill

Presentation and First Reading (Standing Order No.57)

Dean Russell presented a Bill to prohibit employers retaining tips and gratuities intended for staff; to make provision about the division of tips and gratuities between staff; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 63).

Education (16 to 19 Academies) (Religious Character)Bill

Presentation and First Reading (Standing Order No.57)

Scott Benton presented a Bill to permit 16 to 19 academies to have a designated religious character; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 64).

Kinship Care (Parental Leave) Bill

Presentation and First Reading (Standing Order No.57)

Katherine Fletcher presented a Bill to make provision about parental leave for kinship carers who take on responsibility for children whose parents are unable to care for them; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 14 January 2022, and to be printed (Bill 65).

Miscarriage Leave Bill

Presentation and First Reading (Standing Order No.57)

Angela Crawley presented a Bill to make provision for paid leave for people who have experienced miscarriage.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 66).

Crown Estate (Devolution to Wales) Bill

Presentation and First Reading (Standing Order No.57)

Liz Saville Roberts, supported by Hywel Williams and Ben Lake, presented a Bill to devolve management of the Crown Estate and its assets in Wales to the Welsh Government; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 67).

Electric Vehicle Charging Points (New Buildings) Bill

Presentation and First Reading (Standing Order No.57)

Felicity Buchan presented a Bill to make provision about electric vehicle charging points in new buildings; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 68).

Electoral Commission (Abolition) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to abolish the Electoral Commission; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 26 November, and to be printed (Bill 69).

Hospitals (Parking Charges and Business Rates) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to prohibit charging for car parking at NHS Hospitals for patients and visitors; to make provision for NHS Hospitals to be exempt from business rates; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 70).

Human Trafficking (Child Protection) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to make provision for the creation of secure safe houses for children that have been subject to human trafficking; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 January 2022, and to be printed (Bill 71).

General Election (Leaders’ Debates) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to set up a commission to make arrangements for debates between leaders of political parties during a General Election; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 72).

Homeless People (Current Accounts) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to require banks to provide current accounts for homeless people seeking work; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 73).

Electoral Candidates (Age) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to allow a person who is age 18 or older on the day of a parliamentary or local election to stand as candidate; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 74).

Prime Minister (Accountability to House of Commons) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to impose duties on the Prime Minister relating to accountability to the House of Commons; to require the Prime Minister to be available to answer questions in that House on at least two occasions during a sitting week except in specified circumstances; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 February 2022, and to be printed (Bill 75).

Voter Registration Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to prohibit persons from being registered to vote in Parliamentary elections at more than one address; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 76).

North Northamptonshire (Urgent Care Facilities) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to make provision about the restructuring of urgent care facilities in North Northamptonshire; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 18 March 2022, and to be printed (Bill 77).

Business of the House Commission Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to create a Business of the House Commission to regulate the timetabling of business in the House of Commons; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 January 2022, and to be printed (Bill 78).

Asylum Seekers (Return to Safe Countries) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to require asylum seekers who have arrived in the United Kingdom from a safe country to be immediately returned to that country; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 79).

BBC Licence Fee (Abolition) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to abolish the BBC licence fee and make the BBC a subscription service; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 80).

Human Trafficking (Sentencing) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to make provision about penalties for human trafficking offences.

Bill read the First time; to be read a Second time on Friday 25 February 2022, and to be printed (Bill 81).

Leader of the House of Commons (Election) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to amend the House of Commons Administration Act 1978 to provide that the Prime Minister may only nominate as Leader of the House of Commons a Member of that House who is from the governing party and is elected by a system in which all Members of the House of Commons may participate; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 November, and to be printed (Bill 82).

Motor Vehicles (Compulsory Insurance) Bill

Presentation and First Reading (Standing Order No. 57)

Mr Peter Bone presented a Bill to amend retained EU law relating to compulsory insurance for the use of motor vehicles; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 83).

Consumer Pricing Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to prohibit the practice of offering preferential pricing to new customers compared to existing customers; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 84).

Broadcasting (Listed Sporting Events) Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to expand the list of sporting events that must be made available for broadcast by free-to-air television channels; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 85).

Puppy Import (Prohibition) Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to prohibit the import of young puppies; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 86).

Employment (Application Requirements) Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to regulate the use of minimum qualification or experience requirements in job applications; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 87).

Public Sector Website Impersonation Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to create an offence of impersonating a public sector website for the purpose of collecting payment or personal data; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 88).

Hunting Trophy Import (Prohibition) Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to prohibit the import of wild animal specimens derived from trophy hunting; and for connected purposes..

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 89).

Armenian Genocide (Recognition) Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to require Her Majesty’s Government to formally recognise the Armenian genocide of 1915-16.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 90).

House of Lords (Hereditary Peers) (Abolition of By-Elections) (No. 2) Bill

Presentation and First Reading (Standing Order No. 57)

John Spellar presented a Bill to amend the House of Lords Act 1999 so as to abolish the system of by-elections for hereditary peers.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 91).

Public Health (Control of Disease) Act 1984 (Amendment) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to amend the Public Health (Control of Disease) Act 1984 to make provision about Parliamentary scrutiny of regulations made under that Act; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 92).

Caravan Site Licensing (Exemptions of Motor Homes) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to exempt motor homes from caravan site licensing requirements; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 93).

NHS England (Alternative Treatment) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to make provision about arranging alternative non-NHS England treatment for patients who have waited for more than one year for hospital treatment; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 November, and to be printed (Bill 94).

Channel 4 (Privatisation) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to make provision for the privatisation of Channel 4; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 95).

British Broadcasting Corporation (Privatisation) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to make provision for the privatisation of the British Broadcasting Corporation; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 96).

Children’s Clothing (Value Added Tax) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to extend the definition of children’s clothing for the purposes of exemption from VAT; to extend the VAT exemption to further categories of school uniform; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 19 November, and to be printed (Bill 97).

BBC Licence Fee Non-Payment (Decriminalisation for Over-75s) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to decriminalise the non-payment of the BBC licence fee by persons aged over seventy five; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 98).

Regulatory Impact Assessments Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to require a Regulatory Impact Assessment to be published for all primary and secondary legislation introduced by the Government; to make provision for associated sanctions; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 14 January 2022, and to be printed (Bill 99).

Barnett Formula (Replacement) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to require the Chancellor of the Exchequer to report to Parliament on proposals to replace the Barnett Formula used to calculate adjustments to public expenditure allocated to Scotland, Wales and Northern Ireland with a statutory scheme for the allocation of resources based on an assessment of relative needs; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 January 2022, and to be printed (Bill 100).

NHS (Prohibition of Data Transfer) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to prohibit the transfer of personal data by the NHS without the authority of the data subject; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 February 2022, and to be printed (Bill 101).

Mobile Homes Act 1983 (Amendment) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to amend the Mobile Homes Act 1983; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 January 2022, and to be printed (Bill 102).

Rule of Law (Enforcement by Public Authorities) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to require public authorities to exercise their statutory powers to investigate and take enforcement action for breaches of the law; to make provision for sanctions for failing to take such action; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 25 February 2022 , and to be printed (Bill 103).

Illegal Immigration (Offences) Bill

Presentation and First Reading (Standing Order No. 57)s

Sir Christopher Chope presented a Bill to create offences in respect of persons who have entered the UK illegally or who have remained in the UK without legal authority; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 26 November, and to be printed (Bill 104).

National Health Service Co-Funding and Co-Payment Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to make provision for co-funding and for the extension of co-payment for NHS services in England; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 4 February 2022, and to be printed (Bill 105).

Caravan Sites Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to amend the requirements for caravan site licence applications made under the Caravan Sites and Control of Development Act 1960; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 106).

Public Sector Exit Payments (Limitation) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to limit exit payments made by some public sector organisations to employees; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 107).

Green Belt (Protection) Bill

Presentation and First Reading (Standing Order No. 57)

Sir Christopher Chope presented a Bill to establish a national register of Green Belt land in England; to restrict the ability of local authorities to de-designate Green Belt land; to make provision about future development of de-designated Green Belt land and for connected purposes.

Bill read the First time; to be read a Second time on Friday 29 October, and to be printed (Bill 108).

Workers (Employment Security and Definition) Bill

Presentation and First Reading (Standing Order No. 57)

Martin Docherty-Hughes, supported by Chris Stephens, presented a Bill to make provision about employment security and the rights of workers; to amend the definition of worker; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 109).

Workers (Rights and Definition) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to make provision about workers’ rights; to amend the definition of worker; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 110).

Full Employment Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to place a duty on the Chancellor of the Exchequer to pursue a policy of full employment; to make associated provision for an employment guarantee scheme for benefit claimants who have been unemployed and looking for work for longer than six months; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 26 November, and to be printed (Bill 111).

Health and Safety at Work Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to amend the Enterprise and Regulatory Reform Act 2013 to make provision about civil liability for breaches of health and safety duties, and for connected purposes.

Bill read the First time; to be read a Second time on Friday 26 November, and to be printed (Bill 112).

Asylum Seekers (Accommodation Eviction Procedures) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to make provision for asylum seekers to challenge the proportionality of a proposed eviction from accommodation before an independent court or tribunal; to establish asylum seeker accommodation eviction procedures for public authorities; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 113).

Disability Benefit Assessments (Recording) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to place a duty on the Secretary of State to ensure that applicants for Disability Benefit are given the option of their eligibility assessment being audio-recorded; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 114).

Benefit Sanctions (Warnings) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to make provision for warnings to be given to benefit claimants before they are given sanctions; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 115).

Universal Credit Sanctions (Zero Hours Contracts) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to amend the Welfare Reform Act 2012 to provide that a Universal Credit claimant may not be sanctioned for refusing work on a zero hours contract; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 December, and to be printed (Bill 116).

Parliamentary and Health Service Ombudsman (Powers) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to grant powers to the Parliamentary and Health Service Ombudsman to identify and investigate systemic problems in the benefits system and make associated recommendations to the Secretary of State; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 14 January 2022, and to be printed (Bill 117).

Under-Occupancy Penalty (Report) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to require the Secretary of State to report to Parliament on the merits of repealing those provisions of the Welfare Reform Act 2012 which provide for persons to be paid reduced rates of housing benefit or universal credit because their accommodation is deemed to be under-occupied.

Bill read the First time; to be read a Second time on Friday 14 January 2022, and to be printed (Bill 118).

Social Security Benefits (Healthy Eating) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to require the Secretary of State to publish annual calculations of the benefit and tax credit rates that would be required for a representative household to afford to buy meals in accordance with the Eatwell Guide to eating healthily; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 14 January 2022, and to be printed (Bill 119).

Housing Standards (Refugees and Asylum Seekers) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to make provision for national minimum standards in accommodation offered to refugees and asylum seekers; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 January 2022, and to be printed (Bill 120).

Asylum Seekers (Permission to Work) (No. 2) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to make provision for granting permission to work to asylum seekers who have waited six months for a decision on their asylum application; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 21 January 2022, and to be printed (Bill 121).

Evictions (Universal Credit) Bill

Presentation and First Reading (Standing Order No. 57)

Chris Stephens presented a Bill to place a duty on the Secretary of State to prevent the evictions of Universal Credit claimants in rent arrears; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 28 January 2022, and to be printed (Bill 122).

Immigration (Health and Social Care Staff) Bill

Presentation and First Reading (Standing Order No. 57)

Christine Jardine presented a Bill to grant indefinite leave to remain to health and social care staff; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 123).

Intimate Images (Offences) Bill

Presentation and First Reading (Standing Order No. 57)

Mrs Maria Miller presented a Bill to create offences relating to the taking, making and sharing of intimate images without consent; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 124).

Pregnancy and Maternity (Redundancy Protection) Bill

Presentation and First Reading (Standing Order No. 57)

Mrs Maria Miller, supported by Sally-Ann Hart, Nickie Aiken, Mrs Flick Drummond, Virginia Crosbie, Caroline Nokes, Karen Bradley, Angela Crawley, Sarah Champion, Jeremy Hunt and Stephen Timms, presented a Bill to prohibit redundancy during pregnancy and maternity leave and for six months after the end of the pregnancy or leave, except in specified circumstances; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 125).

Workers (Rights) Bill

Presentation and First Reading (Standing Order No. 57)

Gavin Newlands, supported by Ian Blackford, Chris Stephens, Mhairi Black, Kirsten Oswald, Brendan O’Hara, David Linden, Drew Hendry, Alan Brown, Alison Thewliss, Amy Callaghan and Owen Thompson, presented a Bill to make provision about workers’ rights; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 22 October, and to be printed (Bill 126).

Workers (Rights and Definition) (No. 2) Bill

Presentation and First Reading (Standing Order No. 57)

Angela Crawley presented a Bill to make provision about workers’ rights; to amend the definition of worker; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 3 December, and to be printed (Bill 127).

Workers (Rights) (No. 2) Bill

Presentation and First Reading (Standing Order No. 57)

Anum Qaisar-Javed, supported by Ian Blackford, Gavin Newlands, Chris Stephens, Kirsten Oswald, David Linden, Angela Crawley, Martin Docherty-Hughes, Martyn Day, Carol Monaghan, Angus Brendan MacNeil and Owen Thompson, presented a Bill to make provision about workers’ rights; and for connected purposes.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 128).

Automated External Defibrillators (Public Access) Bill

Presentation and First Reading (Standing Order No. 57)

Jim Shannon presented a Bill to require the installation of automated external defibrillators in public buildings, sporting facilities, schools, higher education and other education and skills facilities, and facilities that provide care to vulnerable people; and to make associated provision about training and signage.

Bill read the First time; to be read a Second time on Friday 10 September, and to be printed (Bill 129).

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will briefly suspend the House for two minutes in order to make preparations for the next item of business.

Protecting the Public and Justice for Victims

Baroness Laing of Elderslie Excerpts

Wednesday 9th June 2021 Commons Chamber

[Mr Lammy]

In 2010, 152,791 Crown court cases took, on average, 391 days to complete. In 2019, 107,913 cases took an average of 511 days, meaning that 30% fewer cases took over 75% longer to complete. The hon. Gentleman can add up—that is a poor record, on any analysis. He asks where I was. All I can say is that I am the shadow Secretary of State for Justice; I condemn the violence, but I do not think anybody expected me to be part of the policing.



Under the Conservatives, rapists, thieves, arsonists and those who commit fraud have never had it so good. Convictions for rape, robbery, theft, criminal damage, arson, drug offences and fraud have fallen to a 10-year low. The total number of convictions has collapsed from 570,000 in 2010 when Labour left office to 338,000 in 2020 after a decade of Conservative rule.

It is important that we look back to learn the lessons of this Government’s mistakes, but we must also look forward if we are going to fix this, and the solutions are pretty straightforward. We need more sitting days and more court space. Labour has called for a guarantee of at least 33,000 more sitting days. We are glad that the Government seem to have listened to our campaigning on this, but we also need to see the creation of more Nightingale courts if we are to end the delays. Will the Secretary of State promise, when he gets to his feet, to keep Nightingale courts open for longer, as well as to open more of them, to reverse the delays?

To address the crisis that victims are facing, the Government’s priority must be to introduce measures to reverse the backlog and to tackle violence against women and girls, but we must do more than that to protect the public and keep victims of crime safe. More than a quarter of all crimes are not being prosecuted because victims are dropping out of the process entirely. One million victims every year are being failed by the very system that is supposed to protect them. On top of denying justice through delays, this Government have so far failed in the simple task of enshrining victims’ legally enforceable rights. The Conservatives have promised a victims Bill in almost every Queen’s Speech since 2016 and in their past three manifestos, but five years on, their Bill has still not appeared in Parliament. The latest farce is that the Government are promising to publish a draft. It is getting draughty here with all the hot wind!

Labour has its full victims Bill published, brought to Parliament and ready to go. This would put key victims’ rights on a statutory footing, including the right for victims to read their rights at the point of reporting; the right to regular information; the right for victims to make a personal statement to be read out at court; and the right of access to special measures, including video links at court. Similarly, Labour’s Bill would include a number of new protections for victims. Victims of persistent unresolved antisocial behaviour would be given support for the first time. We would introduce new sanctions for non-compliance with victims’ rights. We would introduce victim strategies with mandatory equality impact assessments. We would enhance the role of the Victims’ Commissioner. We would guarantee the equal treatment of victims with insecure immigration status. We would put a statutory protection on agencies to report concerns on child sexual and criminal exploitation.

These are not partisan issues, and any Member of Parliament who recognises that this is the right way forward should vote with us tonight. No more hot wind. No more getting up and talking about time served or defending a record. We know it has been tough—we are in a pandemic—but victims cannot wait, and we cannot have a situation in which the Justice Department in the Government is letting down that important relationship with the Home Office. I think that might be what is happening at the moment.

The mistakes of this Justice Secretary and his Conservative predecessors were closing courts, cutting police, cutting the prosecution service and the de-prioritisation of crime. This has led to a backlog that is unprecedented, delays that are forcing victims of crime to drop out, and inefficiencies that are letting dangerous criminals get away with murder. But the present Justice Secretary’s failures are more of inaction than of the wrong actions: a failure to address violence against women and girls even when we offer him the measures to help him to tackle it, a failure to protect victims’ rights even when we offer him a Bill that is published and ready to go, a failure to reverse the backlog in the Crown courts even when it is obvious that he just needs to encourage and create sufficient space.

Inaction can be just as costly as the wrong actions. Inaction is standing by whistling to yourself while the world around you burns. Inaction is ignoring the desperate pleas of victims denied justice. Inaction is complicity. The result is a justice system that has become Kafkaesque for victims, as well as for the wrongly accused. Arrests are slow, if they happen at all. If they are lucky, victims are given court dates that are many months or even years later. Trials are then delayed. New court dates are rescheduled, then delayed, then rescheduled, then delayed, then rescheduled, then delayed.

I ask the Justice Secretary and Members of Parliament from all parties across the House to end the inaction and vote with the Opposition today. Now is the time when we all need to step up, put aside any partisan differences and act.

[Madam Deputy Speaker (Dame Eleanor Laing)]

It will be obvious to the Chamber that a great many people wish to speak this afternoon. Just for a change, we will not have a three-minute limit; we will start with a six-minute limit, which will reduce later depending on how long Members take to speak.

--- Later in debate ---

[Robert Buckland]

To add to the number, the Prime Minister, too, takes this very seriously. It is his absolute wish to see the quality of support given to victims to be the best in the world, and that is my ambition. I know that it is the ambition shared by Labour too, and I am grateful to the right hon. Gentleman.

On the need for changes, I am absolutely focused not just on legislation but on culture. The way in which we approach violence against women and girls has to improve. I have mentioned the important action we have already taken. The new strategies to be published this year on violence against women and girls and domestic abuse will help all agencies to drive the step change that we need. The independent review that I will undertake with regard to the sentencing of domestic homicide cases is a vital part of that, so that we can better understand sentencing practice and consider the need for change. In the context of some of the proposals from the right hon. Gentleman, that review will be very important when it comes to the overall impact of any changes, however well intentioned they might be. I talked in some of my interventions about the important changes that I would commend to the House with regard to the Bill that is currently in Committee. I have also mentioned the end- to-end rape review.

As the new super-courtrooms are brought into service, one at Manchester and one at Loughborough, that will further enhance the ability of the system to deal with some of the larger, gang-related offences and multi-handed defendant cases that have been a real concern to all of us who want to see justice being done. As we future-proof legislation to allow more easy use of virtual hearings throughout the process, this is an example, again, of the Government putting those who use the service first—the victims and the witnesses of criminal offences. Remember that a system is worth nothing if it does not genuinely serve the British public and create a sense of confidence that when people come forward with serious complaints, they will be dealt with properly, professionally and expeditiously. Those are the aims that I have. It is all about recovery, rebuilding and restoring our justice system.

While I absolutely take on board the proper observations made by Labour Members, I say this to them: everything I seek to do is in the spirit of genuine collaboration and co-operation. Justice is too important for us to just leave it to mere party politics. I hope that as the weeks and months go forward, we can move away from a spirit of confrontation and remember that the work that continues to be done by this Government in order to combat crime and to deal with an effective criminal justice system is never finished. I can assure this House that, with regard to my commitment, and the commitment of my ministerial team and everybody at the Ministry of Justice, we are working daily and tirelessly to achieve the goals that all of us would wish to see. Justice is beyond measure. It has been part of my entire adult life. I am privileged to be able, in my term of office, to work to achieve the goals that I think all of us would want to see reached.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Thank you; I was rather optimistic about the time limit. The House has to understand that we have had two lawyers battling it out here. They are normally paid by the hour and so it is understandable. In all seriousness, I would have curtailed the debate, but both right hon. Gentlemen took a significant number of interventions, so it has been a full debate. We start with a time limit of five minutes. I call Ruth Cadbury.

--- Later in debate ---

[Sir Robert Neill]

If the hon. Lady will allow me to develop my point, it is the point that I made in my intervention on the Lord Chancellor, which is that we need a much more whole-systems approach to this. The justice system can deal only with the evidence that is put before it. It is as good as the evidence that it has obtained. What is required is a much more holistic approach, with an emphasis on the investigation of not just serious sexual offences, but all offences, and that has not always been the case. I can remember when I started at the Bar, when complainants in rape cases and other serious offences often got, I am afraid, an unsympathetic understanding from the police force and the legal system. That has changed hugely. It has changed out of all recognition from when I was in practice, so there have been real changes, but also, as has been observed, the nature of the technology that we all use in our everyday lives makes issues such as disclosure all the more important.

We must not pursue targets at the cost of doing justice in the individual case either, and that balance is not an easy one to achieve or to articulate. We need to make that point really clearly and robustly. What is required, and where I hope that we can share some common ground, is that to achieve that we need systemic long-term investment in the system. Failure has been known to come from this side of the House—the hon. Lady and others know that I am not afraid to speak out and criticise my own party when I think that it has got it wrong. What I have found as Chair of the Select Committee and from the reports that we have done is that, over a period of decades—decades going beyond any Government and probably beyond virtually anyone sitting in this Chamber—there has been underinvestment in the criminal justice system. That is largely because it has never been a politically interesting, dare I say politically “sexy”—horrible word—or politically high-level agenda item. It has always been a Cinderella service that is downstream and has never had the attention that it deserves.

Both Front Benchers—my right hon. and learned Friend the Lord Chancellor and the right hon. Member for Tottenham—are doing a lot to push the issues up the agenda. The Lord Chancellor has battled hugely and, I hope, successfully—I will continue to support him—to get more reinvestment in the system. To be frank, my own Government, of which I was a part, took out too much at one stage and adopted too transactional an approach. More money is being put back in, but the reality is that we have to have a consensus that it is important to spend money on our court infrastructure and important to ensure that investigation by the police, charging by the Crown Prosecution Service and the work of the courts are properly joined up.

It is also important that we have a functioning court system in which there is proper investment in capital and resources to make sure that the buildings and infrastructure actually work. I welcome, for example, the lifting of the cap on sitting days to deal with the backlog. I hope that the Lord Chancellor will be able to assure us that that will be continued indefinitely, until such time as we reach the sensible and realistic level of backlog to which he referred. We all ought to urge the Treasury to give him the funding to do that.

We then need proper capital investment in the prison system, which we have not even touched on, because if we are really to prevent more victims, we need to make sure that, as well as punishing and deterring, the prison system rehabilitates and reforms where necessary.

This is a massive topic and the time available does not permit us to touch on it all. I hope that this debate is at least a trailer, and I plead for a more consensual, less politicised and certainly longer-term debate. We need a more honest debate with the public about what our justice system has to do, what it should be for and what its objectives are on a much more long-term basis. It would be a real service if we in this House could take a lead on that.

[Madam Deputy Speaker (Dame Eleanor Laing)]

The time limit will now be reduced to four minutes.

Police, Crime, Sentencing and Courts Bill

Baroness Laing of Elderslie Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Wes Streeting (Ilford North) (Lab)]

I rise to deal with the absolute brass neck that we have heard from the Government Benches during the course of the debate—interestingly standing up to laud what is in the Bill, which I can only describe as the “Government attempting to look busy on crime” Bill, because they do not want to talk about their miserable record over the last 11 years. It is a record that has left fewer police on our streets, fewer courts open for judgment, and fewer police staff to investigate crimes.

We have seen the impact: longer delays to investigations, longer waiting times for criminals to be brought to justice, and indeed criminals getting off scot-free because often victims lose total faith in the criminal justice system. That is the Government’s record. We are asked on Second Reading to support or oppose a Bill on the basis of principle, and I am opposing the Bill on the principle that it fails women, it fails children, and it fails to face up to the serious evolving nature of crime in our country.

Since the appalling murder of Sarah Everard we have seen, in our family, an outpouring not just of grief, but of a demand for change. That is why it so appalling that there is no mention of women in this Bill and no new sentences. Indeed, there is the ludicrous and offensive position that someone can be given a longer prison sentence for throwing a lump of iron into the river than for throwing in a woman. That is the miserable experience.

We also see the experience in case law. I would like the Lord Chancellor to stand up and explain in his summation how it was that a deputy children’s care manager in my borough could be involved in trafficking children to sell crack cocaine and heroin in Devon and Cornwall, and receive the paltry sentence of four years—four years—for trafficking children across the country. What does his Bill do to deal with that? What does he say to those children and victims of crime when, 11 years into his Government, with county lines becoming a feature of crime in a way that it never was before, his Government—[Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We have not had heckling here for a very long time. Now, behave!

[Wes Streeting]

They do not like it: Government Members do not like being confronted with their record. That is why, with this Bill, they are chasing headlines, instead of chasing serious criminals. They have the audacity to stand up and laud loads of provisions in this Bill that they have taken from Labour Members and their private Members’ Bills. I congratulate them on that, but it is still the case that they are not facing up to the serious nature of crime that affects women and children in my community. They have thrown in loads of measures to look busy, but they are running from their record.

I am voting against this Bill, because it is perfectly right for Members to say, “We demand better and we expect better of this Government”, and unlike Members elected at the 2019 general election, we do not just read scripts from central casting, we demand better. We demand better for our constituents, and so should they.

--- Later in debate ---

[Robert Buckland]

My hon. Friend puts it very well. This is all about balancing the rights of Traveller communities to use authorised encampments and to enjoy the lifestyle that they have chosen, and the rights of householders not to have their local communities despoiled. That is what we are seeking to do. The Bill, in my strong submission, allows that balance to be maintained and enhanced.

The Bill is part of our wider approach to making the criminal justice system smarter, and to keeping our streets safe from the worst criminals, while giving offenders opportunities to turn their life around. We can rebalance the justice system. We can restore faith in it, which has sadly been in decline for too long. The Bill is a welcome step forward, and I commend it to the House.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We require social distancing in the Chamber at all times, please.

Question put, That the amendment be made.

--- Later in debate ---

Question agreed to.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now briefly suspend the House for three minutes so that arrangements can be made and people can leave and enter the Chamber with proper social distancing.

Courts and Tribunals: Recovery

Baroness Laing of Elderslie Excerpts

Thursday 3rd December 2020 Commons Chamber

[Robert Buckland]

May I assure the hon. Lady that as a matter of day-to-day practice those issues are very much built in to the system, as is the need to prioritise those cases? She is absolutely right to talk about the problems about witnesses losing heart or victims themselves feeling let down by the system, and that is why we have continued to improve the way in which we use remote technology. The section 28 roll-out is a further measure that will support vulnerable witnesses and victims.

I have seen, not only over the past few years, but over many years in practice, a real sea change in how we deal with these sorts of cases. More needs to be done, and the hon. Lady will be glad to know about the increased investment in independent sexual violence advisers, which are a key element in supporting victims of crime right from the beginning of that early police investigation, because it is at that point that often things go horribly wrong for victims of sexual crime, and it is that work that we are going to be doing. We can talk further about this matter, and I would be happy to engage with her directly about it.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I am going to suspend the House for a few minutes in order to allow the safe exit of Members who are here and the safe entry of those who are about to come in.

Prisons (Substance Testing) Bill

Baroness Laing of Elderslie Excerpts

2nd reading & 2nd reading: House of Commons
Friday 16th October 2020 Commons Chamber

[Rob Butler (Aylesbury) (Con)]

I rise to speak in support of this excellent Bill, and I must declare my interest: immediately prior to my election, I was a non-executive director of Her Majesty’s Prison and Probation Service and previously spent four and a half years as a member of the Youth Justice Board. In those roles, I visited many prison establishments in England and Wales, and I should add that HMYOI Aylesbury is in my constituency. I would like to take this opportunity to pay tribute to the staff of custodial establishments up and down the country for their work, especially during the coronavirus crisis.

Drugs are the scourge of prisons. Indeed, in one that I visited, I was told that drugs now outranked escape as the main threat. We have heard some of the figures on drug testing, but behind numbers, as always, lie human experiences. I well remember being in a workshop of one category B prison and being overwhelmed by the brilliant craftsmanship of the offenders working there each morning. They would carve or sculpt intricate designs. They were doing work that is in great demand in the outside world. They were motivated and skilled. I asked one of the prisoners what he did in the afternoon, once the vocational training had finished. His answer was simple: “Get high to forget—take drugs so the time goes faster.” That is because, as the hon. Member for West Ham (Ms Brown) said, in many prisons the main driver of drug use is boredom. Other prisoners take drugs because they cannot cope. Drugs in prison provide escapism, albeit in an extremely dangerous way. That means that drugs in jail are big business. They generate substantial amounts of money for criminals, both inside and outside the prison estate.

Psychoactive substances, or PS, are of particular concern. They are often harder to intercept on the way into prisons, not least because they can be hidden on ordinary sheets of paper. There have even been cases of fake legal letters that are soaked in psychoactive substances being sent to prison, where they are then cut up into tiny pieces and sold on to other criminals to give them a fleeting high. In a category A prison, I was told that one A4-sized piece of paper soaked in PS can be worth £400.

The criminalisation of possession of psychoactive substances in custodial establishments is a very good thing, but there are always unintended consequences, and it has led to a boon for organised crime gangs operating inside the prison estate. PS are still relatively easy to come by outside prison, meaning, as one prison officer put it to me, that “everyone can now become Pablo Escobar.” It is a terrifying thought. One of the biggest dangers of PS is the unpredictable impact on different individuals. Some prisoners become catatonic. Others engage in extreme behaviours that almost defy imagination. Others still are humiliated.

What all this illustrates is the challenge that faces our prison staff day in, day out, and we as parliamentarians should do anything we can to help. However, our current legislative process to update the list of illegal substances is no longer fit for purpose. Making repeated amendments through secondary legislation to add each new formulation of a substance is cumbersome, slow and inefficient. Adopting the generic definition of a psychoactive substance, as proposed in clause 1 of the Bill, will mean that small alterations to the chemical formulation will not provide a loophole such that prisoners can claim they took nothing illegal. I submit that the proposed change is a necessary and sensible step to improve the ability of HMPPS to tackle PS in the estate.

It is important that we provide HMPPS and all its staff with the right tools to stay one step ahead of the criminals. Prevalence testing is one way to do that, enabling staff to identify new substances that are being taken. Creating an express statutory footing to do so, as proposed in the Bill, is therefore not only wise but necessary. There are also, unfortunately, cases where prescription and other pharmacy medicines are abused by prisoners, and I therefore welcome the intention in the Bill to widen the range of such substances that can be tested for, in order to clamp down on the illicit economy that arises from their misuse.

It is absolutely essential that we have a process of testing for drugs in our prisons and our youth offender institutions that is thorough, effective and able to respond to rapid changes in the market in both illicit and legal substances that are abused in our jails. This is a short Bill, which, on the face of it, makes relatively minor changes to the regime of drug testing, but its impact could be profoundly beneficial. I warmly congratulate my constituency neighbour and good friend Dame Cheryl Gillan on her efforts to make it more straightforward to tackle the curse of drugs in prison, and I thank the hon. Member for North West Durham (Mr Holden) for bringing it to the House on her behalf.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Will the hon. Gentleman reiterate that bit, instead referring to the right hon. Lady as—

[Rob Butler]

My right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan).

[Madam Deputy Speaker]

Thank you very much.

Private International Law (Implementation of Agreements) Bill [Lords]

Baroness Laing of Elderslie Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee stage: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons & Report stage: House of Commons
Tuesday 6th October 2020 Commons Chamber

[Dame Eleanor Laing in the Chair]

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I should explain that, in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s chair during Committee stage, in order to comply with social distancing requirements, I will remain in the Speaker’s Chair, although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. During Committee, the occupant of the Chair should be addressed as Chair of the Committee, rather than as Deputy Speaker.

Clause 1

Implementation of the 1996, 2005 and 2007 Hague Conventions

[Mr Jonathan Djanogly (Huntingdon) (Con)]

I beg to move amendment 2, page 2, line 20, at end insert—

“3F The 2007 Lugano Convention to have the force of law

(1) The 2007 Lugano Convention shall have the force of law in the United Kingdom.

(2) For the purposes of this Act the 2007 Lugano Convention is to be read together with any reservations or declarations made by the United Kingdom at the time of the approval of the Convention.

(3) For convenience of reference the English text of the 2007 Lugano Convention is set out in Schedule 3H.”

[The Chairman]

With this it will be convenient to discuss the following:

Amendment 3, page 2, line 21, leave out “3G” and insert “3H”.

Amendment 4, page 2, line 22, leave out “4” and insert

“(Schedule to be inserted as Schedule 3H to the Civil Jurisdiction and Judgments Act 1982)”.

Amendment 1, page 2, line 24, at end insert—

“(5) The 2007 Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgements in Civil and Commercial Matters shall have the force of law in the United Kingdom, conditional upon the United Kingdom accession to such Convention.”

Clause 1 stand part.

Government amendment 5.

This amendment provides that regulations made under NC5 may make provision binding the Crown.

Clause 2 stand part.

Government amendment 6.

This amendment inserts a new subsection into Clause 3. This allows Her Majesty by Order in Council to extend to the Isle of Man NC5 (including NS4) and subsections (2) and (3) of Clause 2 inserted by Amendment 5.

Clause 3 stand part.

Government new clause 5—Implementation of other agreements on private international law (No. 3)—

“(1) The appropriate national authority may make regulations for the purpose of, or in connection with, implementing any international agreement, as it has effect from time to time, so far as relating to private international law (a ‘relevant international agreement’).

(2) The appropriate national authority may make regulations for the purpose of, or in connection with, applying a relevant international agreement, with or without modifications, as between different jurisdictions within the United Kingdom.

(3) The appropriate national authority may make regulations for the purpose of, or in connection with, giving effect to any arrangements made between—

(a) Her Majesty’s government in the United Kingdom, and

(b) the government of a relevant territory,

for applying a relevant international agreement, with or without modifications, as between the United Kingdom, or a jurisdiction within the United Kingdom, and that territory.

(4) Regulations under this section may make—

(a) consequential, supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes or for different parts of the United Kingdom.

(5) Regulations under this section may include provision about—

(a) enforcement of obligations arising under or by virtue of the regulations;

(b) sharing of information;

(c) legal aid.

(6) Schedule (Regulations under section (Implementation of other agreements on private international law (No. 3))) makes further provision about regulations under this section.

(7) In this section—

‘appropriate national authority’ means—

(a) in relation to England and Wales, the Secretary of State;

(b) in relation to Scotland—

(i) the Scottish Ministers, or

(ii) the Secretary of State acting with the consent of the Scottish Ministers;

(c) in relation to Northern Ireland—

(i) a Northern Ireland department, or

(ii) the Secretary of State acting with the consent of a Northern Ireland department

‘international agreement’ means a convention, treaty or other agreement to which the United Kingdom is, or is expected to become, a party;

‘private international law’ includes rules and other provisions about—

(a) jurisdiction and applicable law;

(b) recognition and enforcement in one country or territory of any of the following that originate in another country or territory—

(i) a judgment, order or arbitral award;

(ii) an agreement, decision or authentic instrument determining or otherwise relating to rights and obligations;

(c) co-operation between judicial or other authorities in different countries or territories in relation to—

(i) service of documents, taking of evidence and other procedures, or

(ii) anything within paragraph (a) or (b);

‘relevant international agreement’ has the meaning given in subsection (1);

‘relevant territory’ means—

(a) the Isle of Man;

(b) any of the Channel Islands;

(c) a British overseas territory.

(8) This section and Schedule (Regulations under section (Implementation of other agreements on private international law (No. 3))) have effect, with the following modifications, in relation to a model law adopted by an international organisation of which the United Kingdom is a member as it has effect in relation to an international agreement to which the United Kingdom is, or is expected to become, a party.

The modifications are—

(a) a reference in this section or that Schedule to implementing or applying a relevant international agreement is to be read as a reference to giving effect to the model law (with or without modifications);

(b) subsection (1) is to be read as if the words ‘as revised from time to time’ were substituted for the words ‘as it has effect from time to time’.”

This new clause contains a power to implement international agreements relating to private international law.

Amendment (a) to Government new clause 5, in subsection (1), leave out from “implementing” to “relevant ” and insert “the”.

This amendment together with amendments (c), (d) and (g) is intended to ensure the powers in Government NC5 may be used only to implement the 2007 Lugano Convention.

Amendment (b) to Government new clause 5, in subsection (1), leave out “any” and insert “an”.

This amendment with Amendment (f) is intended to ensure that order making powers are confined to the international treaties set out in clause 1 only.

Amendment (c) to Government new clause 5, in subsection (2), leave out “a” and insert “the”.

See explanatory statement for Amendment (a).

Amendment (d) to Government new clause 5, in subsection (3), leave out “a” and insert “the”.

See explanatory statement for Amendment (a).

Amendment (e) to Government new clause 5, in subsection (6), leave out

“Schedule (Regulations under section(Implementation of other agreements on private international law (Amendment3)))”

and insert

“Schedule (Regulations under section(Implementation of other Agreements on Private International Law (Amendment 2)))”.

This amendment would provide for super-affirmative procedure to be applied in accordance with NS3 to regulations made under Government NC5.

Amendment (f) to Government new clause 5, in subsection (7), after “party”, insert

“and which is set out in section 1.”

This amendment with Amendment (b) is intended to ensure that order making powers are confined to the international treaties set out in clause 1 only.

Amendment (g) to Government new clause 5, in subsection (7), leave out

“has the meaning given in subsection (1)”

and insert

“means the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30th October 2007 (the ‘2007 Lugano Convention’);”.

See explanatory statement for Amendment (a).

New clause 1—Implementation of other agreements on private international law—

“(1) The appropriate national authority may make regulations for the purpose of, or in connection with, implementing an international agreement, as it has effect from time to time, so far as relating to private international law (a ‘relevant international agreement’).

(2) The appropriate national authority may make regulations for the purpose of, or in connection with, applying a relevant international agreement, with or without modifications, as between different jurisdictions within the United Kingdom.

(3) The appropriate national authority may make regulations for the purpose of, or in connection with, giving effect to any arrangements made between—

(a) Her Majesty’s government in the United Kingdom, and

(b) the government of a relevant territory,

for applying a relevant international agreement, with or without modifications, as between the United Kingdom, or a jurisdiction within the United Kingdom, and that territory.

(4) This section applies (subject to subsection (5)) where the United Kingdom has authenticated a relevant international agreement.

(5) This section applies only if the proposed agreement is not binding on the United Kingdom as a matter of international law unless it is ratified by the United Kingdom.

(6) Before the United Kingdom ratifies the proposed agreement, a Minister of the Crown must lay before Parliament a report which gives details of the proposed agreement.

(7) In this section a reference to authenticating a relevant international agreement is a reference to doing an act which establishes the text of the agreement as authentic and definitive as a matter of international law.

(8) This section applies where a Minister of the Crown proposes to make regulations under subsections (1), (2) or (3) for the purpose of implementing a relevant international agreement to which the United Kingdom and another signatory (or other signatories) are signatories.

(9) A draft of the statutory instrument containing the regulations may not be laid before Parliament unless, at least 10 Commons sitting days before the draft is laid, a Minister of the Crown has laid before Parliament a report which gives details of, and explains the reasons for, the relevant international agreement.

(10) In this section ‘Commons sitting day’ means a day on which the House of Commons begins to sit.

(11) Regulations under this section may make—

(a) consequential, supplementary, incidental, transitional or saving provision;

(b) different provision for different purposes or for different parts of the United Kingdom.

(12) Regulations under this section may include provision about—

(a) enforcement of obligations arising under or by virtue of the regulations;

(b) sharing of information;

(c) legal aid.

(13) No regulations may be made under subsections (1),(2) or (3) after the end of the period of 2 years beginning with the date of enactment of this Act.

(14) In this section—

‘appropriate national authority’ means—

(a) in relation to England and Wales, the Secretary of State;

(b) in relation to Scotland—

(c) in relation to Northern Ireland—

‘international agreement’ means a convention, treaty or other agreement to which the United Kingdom is, or is expected to become, a party and which is set out in section 1 of this Act;

‘private international law’ includes rules and other provisions about—

(a) jurisdiction and applicable law;

(b) recognition and enforcement in one country or territory of any of the following that originate in another country or territory—

(c) co-operation between judicial or other authorities in different countries or territories in relation to—

‘relevant international agreement’ has the meaning given in subsection (1);

‘relevant territory’ means—

(a) the Isle of Man;

(b) any of the Channel Islands;

(c) a British overseas territory.

(15) This section has effect, with the following modifications, in relation to a model law adopted by an international organisation of which the United Kingdom is a member as it has effect in relation to an international agreement to which the United Kingdom is, or is expected to become, a party.

The modifications are—

(a) a reference in this section or that Schedule to implementing or applying a relevant international agreement is to be read as a reference to giving effect to the model law (with or without modifications);

(b) subsection (1) is to be read as if the words ‘as revised from time to time’ were substituted for the words ‘as it has effect from time to time’.”

This new clause is a modified version of clause 2 removed from the Bill by the House of Lords. This new clause requires a Minister to lay a report before Parliament at least 10 Commons sitting days before regulations implementing a relevant international agreement are laid in draft under subsections (1), (2) and (3) requires a Minister to lay a report before Parliament before the UK ratifies a private international law agreement with another country and contains a sunset provision.

New clause 2—Implementation of the 2007 Lugano Convention—

“(1) The Secretary of State may make regulations for the purpose of, or in connection with, implementing the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30th October 2007 (the ‘2007 Lugano Convention’), in the event that the United Kingdom becomes a party to the Convention in its own right.

(2) The Secretary of State must consult the Scottish Ministers, the Welsh Ministers and a Northern Ireland Department before making regulations under subsection (1).

(3) Regulations under subsection (1) are subject to super-affirmative resolution procedure (see Schedule (Super-affirmative resolution procedure)).”

This new clause would enable the Secretary of State to make regulations implementing the Lugano Convention in the UK, subject to the super-affirmative resolution procedure in NS2.

New clause 6—Report on relevant international agreement—

“(1) This section applies (subject to subsection (2)) where the United Kingdom has authenticated a relevant international agreement in accordance with section (Implementation of other agreements on private international law (No. 3)).

(2) This section applies only if the proposed agreement is not binding on the United Kingdom as a matter of international law unless it is ratified by the United Kingdom.

(3) Before the United Kingdom ratifies the proposed agreement, a Minister of the Crown must lay before Parliament a report which gives details of the proposed agreement.

(4) In this section a reference to authenticating a relevant international agreement is a reference to doing an act which establishes the text of the agreement as authentic and definitive as a matter of international law.”

This new clause requires a Minister to lay a report before Parliament before the UK ratifies a private international law agreement with another country.

New clause 7—Report to be laid with regulations under section 2(1), (2) or (3)—

“(1) This section applies where a Minister of the Crown proposes to make regulations under section (Implementation of other agreements on private international law (No. 3)) (1), (2) or (3) for the purpose of implementing a relevant international agreement to which the United Kingdom and another signatory (or other signatories) are signatories.

(2) A draft of the statutory instrument containing the regulations may not be laid before Parliament unless, at least 10 Commons sitting days before the draft is laid, a Minister of the Crown has laid before Parliament a report which gives details of, and explains the reasons for, the relevant international agreement.

(3) In this section, ‘Commons sitting day’ means a day on which the House of Commons begins to sit.”

This new clause requires a Minister to lay a report before Parliament at least ten Commons sitting days before regulations implementing a relevant international agreement are laid in draft under subsections (1), (2) and (3) of Government NC5.

New clause 8—Sunset Provisions—

“No regulations may be made under subsections (1),(2) and (3) of section (Implementation of other agreements on private international law (No. 3)) after the end of the period of 2 years beginning with the date on which this Act is passed.”

That schedule 1 be the First schedule to the Bill.

That schedule 2 be the Second schedule to the Bill.

That schedule 3 be the Third schedule to the Bill.

That schedule 4 be the Fourth schedule to the Bill.

That schedule 5 be the Fifth schedule to the Bill.

Government new schedule 4—Regulations under section (Implementation of other agreements on private international law (No. 3)).

New schedule 1—Schedule 4A—

“Schedule to be inserted as Schedule 3H to the Civil Jurisdiction and Judgments Act 1982

SCHEDULE 3H

Text of the 2007 Lugano Convention

CONVENTION ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

(Concluded on 30 October 2007)

The High Contracting Parties to this Convention,

Determined to strengthen in their territories the legal protection of persons therein established,

Considering that it is necessary for this purpose to determine the international jurisdiction of the courts, to facilitate recognition, and to introduce an expeditious procedure for securing the enforcement of judgments, authentic instruments and court settlements,

Aware of the links between them, which have been sanctioned in the economic field by the free trade agreements concluded between the European Community and certain States members of the European Free Trade Association,

the Brussels Convention of 27 September 1968 on jurisdiction and the enforcement of judgments in civil and commercial matters, as amended by the Accession Conventions under the successive enlargements of the European Union,

the Lugano Convention of 16 September 1988 on jurisdiction and the enforcement of judgments in civil and commercial matters, which extends the application of the rules of the 1968 Brussels Convention to certain States members of the European Free Trade Association,

Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which has replaced the abovementioned Brussels Convention,

the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Brussels on 19 October 2005,

Persuaded that the extension of the principles laid down in Regulation (EC) No 44/2001 to the Contracting Parties to this instrument will strengthen legal and economic cooperation,

Desiring to ensure as uniform an interpretation as possible of this instrument,

Have in this spirit decided to conclude this Convention, and have agreed as follows—

TITLE I

SCOPE

Article 1

(1) This Convention shall apply in civil and commercial matters whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters.

(2) The Convention shall not apply to—

(a) the status or legal capacity of natural persons, rights in property arising out of a matrimonial relationship, wills and succession;

(b) bankruptcy, proceedings relating to the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings;

(c) social security;

(d) arbitration.

(3) In this Convention, the term ‘State bound by this Convention’ shall mean any State that is a Contracting Party to this Convention or a Member State of the European Community. It may also mean the European Community.

TITLE II

JURISDICTION

SECTION 1

General provision

Article 2

(1) Subject to the provisions of this Convention, persons domiciled in a State bound by this Convention shall, whatever their nationality, be sued in the courts of that State.

(2) Persons who are not nationals of the State bound by this Convention in which they are domiciled shall be governed by the rules of jurisdiction applicable to nationals of that State.

Article 3

(1) Persons domiciled in a State bound by this Convention may be sued in the courts of another State bound by this Convention only by virtue of the rules set out in Sections 2 to 7 of this Title.

(2) In particular the rules of national jurisdiction set out in Annex I shall not be applicable as against them.

Article 4

(1) If the defendant is not domiciled in a State bound by this Convention, the jurisdiction of the courts of each State bound by this Convention shall, subject to the provisions of Articles 22 and 23, be determined by the law of that State.

(2) As against such a defendant, any person domiciled in a State bound by this Convention may, whatever his nationality, avail himself in that State of the rules of jurisdiction there in force, and in particular those specified in Annex I, in the same way as the nationals of that State.

SECTION 2

Special jurisdiction

Article 5

A person domiciled in a State bound by this Convention may, in another State bound by this Convention, be sued—

(1) (a) in matters relating to a contract, in the courts for the place of performance of the obligation in question;

(b) for the purpose of this provision and unless otherwise agreed, the place of performance of the obligation in question shall be—

in the case of the sale of goods, the place in a State bound by this Convention where, under the contract, the goods were delivered or should have been delivered;

in the case of the provision of services, the place in a State bound by this Convention where, under the contract, the services were provided or should have been provided;

(c) if (b) does not apply then subparagraph (a) applies;

in the case of the sale of goods, the place in a State bound by this Convention where, under the contract, the goods were delivered or should have been delivered;

in the case of the provision of services, the place in a State bound by this Convention where, under the contract, the services were provided or should have been provided;

(2) in matters relating to maintenance—

(a) in the courts for the place where the maintenance creditor is domiciled or habitually resident; or

(b) in the court which, according to its own law, has jurisdiction to entertain proceedings concerning the status of a person if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties; or

(c) in the court which, according to its own law, has jurisdiction to entertain proceedings concerning parental responsibility, if the matter relating to maintenance is ancillary to those proceedings, unless that jurisdiction is based solely on the nationality of one of the parties.

(3) in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;

(4) as regards a civil claim for damages or restitution which is based on an act giving rise to criminal proceedings, in the court seized of those proceedings, to the extent that that court has jurisdiction under its own law to entertain civil proceedings;

(5) as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated;

(6) as settlor, trustee or beneficiary of a trust created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, in the courts of the State bound by this Convention in which the trust is domiciled;

(7) as regards a dispute concerning the payment of remuneration claimed in respect of the salvage of a cargo or freight, in the court under the authority of which the cargo or freight in question—

(a) has been arrested to secure such payment; or

(b) could have been so arrested, but bail or other security has been given;

provided that this provision shall apply only if it is claimed that the defendant has an interest in the cargo or freight or had such an interest at the time of salvage.

Article 6

A person domiciled in a State bound by this Convention may also be sued—

(1) where he is one of a number of defendants, in the courts for the place where any one of them is domiciled, provided the claims are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings;

(2) as a third party in an action on a warranty or guarantee, or in any other third party proceedings, in the court seized of the original proceedings, unless these were instituted solely with the object of removing him from the jurisdiction of the court which would be competent in his case;

(3) on a counter-claim arising from the same contract or facts on which the original claim was based, in the court in which the original claim is pending;

(4) in matters relating to a contract, if the action may be combined with an action against the same defendant in matters relating to rights in rem in immovable property, in the court of the State bound by this Convention in which the property is situated.

Article 7

Where by virtue of this Convention a court of a State bound by this Convention has jurisdiction in actions relating to liability from the use or operation of a ship, that court, or any other court substituted for this purpose by the internal law of that State, shall also have jurisdiction over claims for limitation of such liability.

SECTION 3

Jurisdiction in matters relating to insurance

Article 8

In matters relating to insurance, jurisdiction shall be determined by this Section, without prejudice to Articles 4 and 5(5).

Article 9

(1) An insurer domiciled in a State bound by this Convention may be sued—

(a) in the courts of the State where he is domiciled; or

(b) in another State bound by this Convention, in the case of actions brought by the policyholder, the insured or a beneficiary, in the courts for the place where the plaintiff is domiciled; or

(c) if he is a co-insurer, in the courts of a State bound by this Convention in which proceedings are brought against the leading insurer.

(2) An insurer who is not domiciled in a State bound by this Convention but has a branch, agency or other establishment in one of the States bound by this Convention shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 10

In respect of liability insurance or insurance of immovable property, the insurer may in addition be sued in the courts for the place where the harmful event occurred. The same applies if movable and immovable property are covered by the same insurance policy and both are adversely affected by the same contingency.

Article 11

(1) In respect of liability insurance, the insurer may also, if the law of the court permits it, be joined in proceedings which the injured party has brought against the insured.

(2) Articles 8, 9 and 10 shall apply to actions brought by the injured party directly against the insurer, where such direct actions are permitted.

(3) If the law governing such direct actions provides that the policyholder or the insured may be joined as a party to the action, the same court shall have jurisdiction over them.

Article 12

(1) Without prejudice to Article 11(3), an insurer may bring proceedings only in the courts of the State bound by this Convention in which the defendant is domiciled, irrespective of whether he is the policyholder, the insured or a beneficiary.

(2) The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 13

The provisions of this Section may be departed from only by an agreement—

(1) which is entered into after the dispute has arisen; or

(2) which allows the policyholder, the insured or a beneficiary to bring proceedings in courts other than those indicated in this Section; or

(3) which is concluded between a policyholder and an insurer, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same State bound by this Convention, and which has the effect of conferring jurisdiction on the courts of that State even if the harmful event were to occur abroad, provided that such an agreement is not contrary to the law of that State; or

(4) which is concluded with a policyholder who is not domiciled in a State bound by this Convention, except insofar as the insurance is compulsory or relates to immovable property in a State bound by this Convention; or

(5) which relates to a contract of insurance insofar as it covers one or more of the risks set out in Article 14.

Article 14

The following are the risks referred to in Article 13(5)—

(1) any loss of or damage to—

(a) seagoing ships, installations situated offshore or on the high seas, or aircraft, arising from perils which relate to their use for commercial purposes;

(b) goods in transit, other than passengers’ baggage, where the transit consists of or includes carriage by such ships or aircraft;

(2) any liability, other than for bodily injury to passengers or loss of or damage to their baggage—

(a) arising out of the use or operation of ships, installations or aircraft as referred to in point 1(a) insofar as, in respect of the latter, the law of the State bound by this Convention in which such aircraft are registered does not prohibit agreements on jurisdiction regarding insurance of such risks;

(b) for loss or damage caused by goods in transit as described in point 1(b);

(3) any financial loss connected with the use or operation of ships, installations or aircraft as referred to in point 1(a), in particular loss of freight or charter-hire;

(4) any risk or interest connected with any of those referred to in points 1 to 3;

(5) notwithstanding points 1 to 4, all large risks.

SECTION 4

Jurisdiction over consumer contracts

Article 15

(1) In matters relating to a contract concluded by a person, the consumer, for a purpose which can be regarded as being outside his trade or profession, jurisdiction shall be determined by this Section, without prejudice to Articles 4 and 5(5), if:

(a) it is a contract for the sale of goods on instalment credit terms; or

(b) it is a contract for a loan repayable by instalments, or for any other form of credit, made to finance the sale of goods; or

(c) in all other cases, the contract has been concluded with a person who pursues commercial or professional activities in the State bound by this Convention of the consumer’s domicile or, by any means, directs such activities to that State or to several States including that State, and the contract falls within the scope of such activities.

(2) Where a consumer enters into a contract with a party who is not domiciled in the State bound by this Convention but has a branch, agency or other establishment in one of the States bound by this Convention, that party shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

(3) This section shall not apply to a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation.

Article 16

(1) A consumer may bring proceedings against the other party to a contract either in the courts of the State bound by this Convention in which that party is domiciled or in the courts for the place where the consumer is domiciled.

(2) Proceedings may be brought against a consumer by the other party to the contract only in the courts of the State bound by this Convention in which the consumer is domiciled.

(3) This Article shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 17

The provisions of this Section may be departed from only by an agreement—

(1) which is entered into after the dispute has arisen; or

(2) which allows the consumer to bring proceedings in courts other than those indicated in this Section; or

(3) which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract domiciled or habitually resident in the same State bound by this Convention, and which confers jurisdiction on the courts of that State, provided that such an agreement is not contrary to the law of that State.

SECTION 5

Jurisdiction over individual contracts of employment

Article 18

(1) In matters relating to individual contracts of employment, jurisdiction shall be determined by this Section, without prejudice to Articles 4 and 5(5).

(2) Where an employee enters into an individual contract of employment with an employer who is not domiciled in a State bound by this Convention but has a branch, agency or other establishment in one of the States bound by this Convention, the employer shall, in disputes arising out of the operations of the branch, agency or establishment, be deemed to be domiciled in that State.

Article 19

An employer domiciled in a State bound by this Convention may be sued—

(1) in the courts of the State where he is domiciled; or

(2) in another State bound by this Convention—

(a) in the courts for the place where the employee habitually carries out his work or in the courts for the last place where he did so; or

(b) if the employee does not or did not habitually carry out his work in any one country, in the courts for the place where the business which engaged the employee is or was situated.

Article 20

(1) An employer may bring proceedings only in the courts of the State bound by this Convention in which the employee is domiciled.

(2) The provisions of this Section shall not affect the right to bring a counter-claim in the court in which, in accordance with this Section, the original claim is pending.

Article 21

The provisions of this Section may be departed from only by an agreement on jurisdiction—

(1) which is entered into after the dispute has arisen; or

(2) which allows the employee to bring proceedings in courts other than those indicated in this Section.

SECTION 6

Exclusive jurisdiction

Article 22

The following courts shall have exclusive jurisdiction, regardless of domicile—

(1) in proceedings which have as their object rights in rem in immovable property or tenancies of immovable property, the courts of the State bound by this Convention in which the property is situated.

(a) However, in proceedings which have as their object tenancies of immovable property concluded for temporary private use for a maximum period of six consecutive months, the courts of the State bound by this Convention in which the defendant is domiciled shall also have jurisdiction, provided that the tenant is a natural person and that the landlord and the tenant are domiciled in the same State bound by this Convention;

(2) in proceedings which have as their object the validity of the constitution, the nullity or the dissolution of companies or other legal persons or associations of natural or legal persons, or of the validity of the decisions of their organs, the courts of the State bound by this Convention in which the company, legal person or association has its seat. In order to determine that seat, the court shall apply its rules of private international law;

(3) in proceedings which have as their object the validity of entries in public registers, the courts of the State bound by this Convention in which the register is kept;

(4) in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the State bound by this Convention in which the deposit or registration has been applied for, has taken place or is, under the terms of a Community instrument or an international convention, deemed to have taken place.

(5) in proceedings concerned with the enforcement of judgments, the courts of the State bound by this Convention in which the judgment has been or is to be enforced.

SECTION 7

Prorogation of jurisdiction

Article 23

(1) If the parties, one or more of whom is domiciled in a State bound by this Convention, have agreed that a court or the courts of a State bound by this Convention are to have jurisdiction to settle any disputes which have arisen or which may arise in connection with a particular legal relationship, that court or those courts shall have jurisdiction. Such jurisdiction shall be exclusive unless the parties have agreed otherwise. Such an agreement conferring jurisdiction shall be either—

(a) in writing or evidenced in writing; or

(b) in a form which accords with practices which the parties have established between themselves; or

(c) in international trade or commerce, in a form which accords with a usage of which the parties are or ought to have been aware and which in such trade or commerce is widely known to, and regularly observed by, parties to contracts of the type involved in the particular trade or commerce concerned.

(2) Any communication by electronic means which provides a durable record of the agreement shall be equivalent to ‘writing’.

(3) Where such an agreement is concluded by parties, none of whom is domiciled in a State bound by this Convention, the courts of other States bound by this Convention shall have no jurisdiction over their disputes unless the court or courts chosen have declined jurisdiction.

(4) The court or courts of a State bound by this Convention on which a trust instrument has conferred jurisdiction shall have exclusive jurisdiction in any proceedings brought against a settlor, trustee or beneficiary, if relations between these persons or their rights or obligations under the trust are involved.

(5) Agreements or provisions of a trust instrument conferring jurisdiction shall have no legal force if they are contrary to the provisions of Articles 13, 17 or 21, or if the courts whose jurisdiction they purport to exclude have exclusive jurisdiction by virtue of Article 22.

Article 24

Apart from jurisdiction derived from other provisions of this Convention, a court of a State bound by this Convention before which a defendant enters an appearance shall have jurisdiction. This rule shall not apply where appearance was entered to contest the jurisdiction, or where another court has exclusive jurisdiction by virtue of Article 22.

SECTION 8

Examination as to jurisdiction and admissibility

Article 25

Where a court of a State bound by this Convention is seized of a claim which is principally concerned with a matter over which the courts of another State bound by this Convention have exclusive jurisdiction by virtue of Article 22, it shall declare of its own motion that it has no jurisdiction.

Article 26

(1) Where a defendant domiciled in one State bound by this Convention is sued in a court of another State bound by this Convention and does not enter an appearance, the court shall declare of its own motion that it has no jurisdiction unless its jurisdiction is derived from the provisions of this Convention.

(2) The court shall stay the proceedings so long as it is not shown that the defendant has been able to receive the document instituting the proceedings or an equivalent document in sufficient time to enable him to arrange for his defence, or that all necessary steps have been taken to this end.

(3) Instead of the provisions of paragraph 2, Article 15 of the Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial matters shall apply if the document instituting the proceedings or an equivalent document had to be transmitted pursuant to that Convention.

(4) Member States of the European Community bound by Council Regulation (EC) No 1348/2000 of 29 May 2000 or by the Agreement between the European Community and the Kingdom of Denmark on the service of judicial and extrajudicial documents in civil or commercial matters, signed at Brussels on 19 October 2005, shall apply in their mutual relations the provision in Article 19 of that Regulation if the document instituting the proceedings or an equivalent document had to be transmitted pursuant to that Regulation or that Agreement.

SECTION 9

Lis pendens—related actions

Article 27

(1) Where proceedings involving the same cause of action and between the same parties are brought in the courts of different States bound by this Convention, any court other than the court first seized shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seized is established.

(2) Where the jurisdiction of the court first seized is established, any court other than the court first seized shall decline jurisdiction in favour of that court.

Article 28

(1) Where related actions are pending in the courts of different States bound by this Convention, any court other than the court first seized may stay its proceedings.

(2) Where these actions are pending at first instance, any court other than the court first seized may also, on the application of one of the parties, decline jurisdiction if the court first seized has jurisdiction over the actions in question and its law permits the consolidation thereof.

(3) For the purposes of this Article, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings.

Article 29

Where actions come within the exclusive jurisdiction of several courts, any court other than the court first seized shall decline jurisdiction in favour of that court.

Article 30

For the purposes of this Section, a court shall be deemed to be seized—

(1) at the time when the document instituting the proceedings or an equivalent document is lodged with the court, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have service effected on the defendant; or

(2) if the document has to be served before being lodged with the court at the time when it is received by the authority responsible for service, provided that the plaintiff has not subsequently failed to take the steps he was required to take to have the document lodged with the court.

SECTION 10

Provisional, including protective, measures

Article 31

Application may be made to the courts of a State bound by this Convention for such provisional, including protective, measures as may be available under the law of that State, even if, under this Convention, the courts of another State bound by this Convention have jurisdiction as to the substance of the matter.

TITLE III

RECOGNITION AND ENFORCEMENT

Article 32

For the purposes of this Convention, ‘judgment’ means any judgment given by a court or tribunal of a State bound by this Convention, whatever the judgment may be called, including a decree, order, decision or writ of execution, as well as the determination of costs or expenses by an officer of the court.

SECTION 1

Recognition

Article 33

(1) A judgment given in a State bound by this Convention shall be recognised in the other States bound by this Convention without any special procedure being required.

(2) Any interested party who raises the recognition of a judgment as the principal issue in a dispute may, in accordance with the procedures provided for in Sections 2 and 3 of this Title, apply for a decision that the judgment be recognised.

(3) If the outcome of proceedings in a court of a State bound by this Convention depends on the determination of an incidental question of recognition that court shall have jurisdiction over that question.

Article 34

A judgment shall not be recognised—

(1) if such recognition is manifestly contrary to public policy in the State in which recognition is sought;

(2) where it was given in default of appearance, if the defendant was not served with the document which instituted the proceedings or with an equivalent document in sufficient time and in such a way as to enable him to arrange for his defence, unless the defendant failed to commence proceedings to challenge the judgment when it was possible for him to do so;

(3) if it is irreconcilable with a judgment given in a dispute between the same parties in the State in which recognition is sought;

(4) if it is irreconcilable with an earlier judgment given in another State bound by this Convention or in a third State involving the same cause of action and between the same parties, provided that the earlier judgment fulfils the conditions necessary for its recognition in the State addressed.

Article 35

(1) Moreover, a judgment shall not be recognised if it conflicts with Sections 3, 4 or 6 of Title II, or in a case provided for in Article 68. A judgment may furthermore be refused recognition in any case provided for in Article 64(3) or 67(4).

(2) In its examination of the grounds of jurisdiction referred to in the foregoing paragraph, the court or authority applied to shall be bound by the findings of fact on which the court of the State of origin based its jurisdiction.

(3) Subject to the provisions of paragraph 1, the jurisdiction of the court of the State of origin may not be reviewed. The test of public policy referred to in Article 34(1) may not be applied to the rules relating to jurisdiction.

Article 36

Under no circumstances may a foreign judgment be reviewed as to its substance.

Article 37

(1) A court of a State bound by this Convention in which recognition is sought of a judgment given in another State bound by this Convention may stay the proceedings if an ordinary appeal against the judgment has been lodged.

(2) A court of a State bound by this Convention in which recognition is sought of a judgment given in Ireland or the United Kingdom may stay the proceedings if enforcement is suspended in the State of origin, by reason of an appeal.

SECTION 2

Enforcement

Article 38

(1) A judgment given in a State bound by this Convention and enforceable in that State shall be enforced in another State bound by this Convention when, on the application of any interested party, it has been declared enforceable there.

(2) However, in the United Kingdom, such a judgment shall be enforced in England and Wales, in Scotland, or in Northern Ireland when, on the application of any interested party, it has been registered for enforcement in that part of the United Kingdom.

Article 39

(1) The application shall be submitted to the court or competent authority indicated in the list in Annex II.

(2) The local jurisdiction shall be determined by reference to the place of domicile of the party against whom enforcement is sought, or to the place of enforcement.

Article 40

(1) The procedure for making the application shall be governed by the law of the State in which enforcement is sought.

(2) The applicant must give an address for service of process within the area of jurisdiction of the court applied to. However, if the law of the State in which enforcement is sought does not provide for the furnishing of such an address, the applicant shall appoint a representative ad litem.

(3) The documents referred to in Article 53 shall be attached to the application.

Article 41

The judgment shall be declared enforceable immediately on completion of the formalities in Article 53 without any review under Articles 34 and 35. The party against whom enforcement is sought shall not at this stage of the proceedings be entitled to make any submissions on the application.

Article 42

(1) The decision on the application for a declaration of enforceability shall forthwith be brought to the notice of the applicant in accordance with the procedure laid down by the law of the State in which enforcement is sought.

(2) The declaration of enforceability shall be served on the party against whom enforcement is sought, accompanied by the judgment, if not already served on that party.

Article 43

(1) The decision on the application for a declaration of enforceability may be appealed against by either party.

(2) The appeal is to be lodged with the court indicated in the list in Annex III.

(3) The appeal shall be dealt with in accordance with the rules governing procedure in contradictory matters.

(4) If the party against whom enforcement is sought fails to appear before the appellate court in proceedings concerning an appeal brought by the applicant, Article 26(2) to (4) shall apply even where the party against whom enforcement is sought is not domiciled in any of the States bound by this Convention.

(5) An appeal against the declaration of enforceability is to be lodged within one month of service thereof. If the party against whom enforcement is sought is domiciled in a State bound by this Convention other than that in which the declaration of enforceability was given, the time for appealing shall be two months and shall run from the date of service, either on him in person or at his residence. No extension of time may be granted on account of distance.

Article 44

The judgment given on the appeal may be contested only by the appeal referred to in Annex IV.

Article 45

(1) The court with which an appeal is lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only on one of the grounds specified in Articles 34 and 35. It shall give its decision without delay.

(2) Under no circumstances may the foreign judgment be reviewed as to its substance.

Article 46

(1) The court with which an appeal is lodged under Article 43 or Article 44 may, on the application of the party against whom enforcement is sought, stay the proceedings if an ordinary appeal has been lodged against the judgment in the State of origin or if the time for such an appeal has not yet expired; in the latter case, the court may specify the time within which such an appeal is to be lodged.

(2) Where the judgment was given in Ireland or the United Kingdom, any form of appeal available in the State of origin shall be treated as an ordinary appeal for the purposes of paragraph 1.

(3) The court may also make enforcement conditional on the provision of such security as it shall determine.

Article 47

(1) When a judgment must be recognised in accordance with this Convention, nothing shall prevent the applicant from availing himself of provisional, including protective, measures in accordance with the law of the State requested without a declaration of enforceability under Article 41 being required.

(2) The declaration of enforceability shall carry with it the power to proceed to any protective measures.

(3) During the time specified for an appeal pursuant to Article 43(5) against the declaration of enforceability and until any such appeal has been determined, no measures of enforcement may be taken other than protective measures against the property of the party against whom enforcement is sought.

Article 48

(1) Where a foreign judgment has been given in respect of several matters and the declaration of enforceability cannot be given for all of them, the court or competent authority shall give it for one or more of them.

(2) An applicant may request a declaration of enforceability limited to parts of a judgment.

Article 49

A foreign judgment which orders a periodic payment by way of a penalty shall be enforceable in the State in which enforcement is sought only if the amount of the payment has been finally determined by the courts of the State of origin.

Article 50

(1) An applicant who in the State of origin has benefited from complete or partial legal aid or exemption from costs or expenses shall be entitled, in the procedure provided for in this Section, to benefit from the most favourable legal aid or the most extensive exemption from costs or expenses provided for by the law of the State addressed.

(2) However, an applicant who requests the enforcement of a decision given by an administrative authority in Denmark, in Iceland or in Norway in respect of maintenance may, in the State addressed, claim the benefits referred to in paragraph 1 if he presents a statement from the Danish, Icelandic, or Norwegian Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses.

Article 51

No security, bond or deposit, however described, shall be required of a party who in one State bound by this Convention, applies for enforcement of a judgment given in another State bound by this Convention on the ground that he is a foreign national or that he is not domiciled or resident in the State in which enforcement is sought.

Article 52

In proceedings for the issue of a declaration of enforceability, no charge, duty or fee calculated by reference to the value of the matter at issue may be levied in the State in which enforcement is sought.

SECTION 3

Common provisions

Article 53

(1) A party seeking recognition or applying for a declaration of enforceability shall produce a copy of the judgment which satisfies the conditions necessary to establish its authenticity.

(2) A party applying for a declaration of enforceability shall also produce the certificate referred to in Article 54, without prejudice to Article 55.

Article 54

The court or competent authority of a State bound by this Convention where a judgment was given shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Convention.

Article 55

(1) If the certificate referred to in Article 54 is not produced, the court or competent authority may specify a time for its production or accept an equivalent document or, if it considers that it has sufficient information before it, dispense with its production.

(2) If the court or competent authority so requires, a translation of the documents shall be produced. The translation shall be certified by a person qualified to do so in one of the States bound by this Convention.

Article 56

No legalisation or other similar formality shall be required in respect of the documents referred to in Article 53 or Article 55(2), or in respect of a document appointing a representative ad litem.

TITLE IV

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

Article 57

(1) A document which has been formally drawn up or registered as an authentic instrument and is enforceable in one State bound by this Convention shall, in another State bound by this Convention, be declared enforceable there, on application made in accordance with the procedures provided for in Article 38, et seq. The court with which an appeal is lodged under Article 43 or Article 44 shall refuse or revoke a declaration of enforceability only if enforcement of the instrument is manifestly contrary to public policy in the State addressed.

(2) Arrangements relating to maintenance obligations concluded with administrative authorities or authenticated by them shall also be regarded as authentic instruments within the meaning of paragraph 1.

(3) The instrument produced must satisfy the conditions necessary to establish its authenticity in the State of origin.

(4) Section 3 of Title III shall apply as appropriate. The competent authority of a State bound by this Convention where an authentic instrument was drawn up or registered shall issue, at the request of any interested party, a certificate using the standard form in Annex VI to this Convention.

Article 58

A settlement which has been approved by a court in the course of proceedings and is enforceable in the State bound by this Convention in which it was concluded shall be enforceable in the State addressed under the same conditions as authentic instruments. The court or competent authority of a State bound by this Convention where a court settlement was approved shall issue, at the request of any interested party, a certificate using the standard form in Annex V to this Convention.

TITLE V

GENERAL PROVISIONS

Article 59

(1) In order to determine whether a party is domiciled in the State bound by this Convention whose courts are seised of a matter, the court shall apply its internal law.

(2) If a party is not domiciled in the State whose courts are seised of the matter, then, in order to determine whether the party is domiciled in another State bound by this Convention, the court shall apply the law of that State.

Article 60

(1) For the purposes of this Convention, a company or other legal person or association of natural or legal persons is domiciled at the place where it has its—

(a) statutory seat; or

(b) central administration; or

(c) principal place of business.

(2) For the purposes of the United Kingdom and Ireland ‘statutory seat’ means the registered office or, where there is no such office anywhere, the place of incorporation or, where there is no such place anywhere, the place under the law of which the formation took place.

(3) In order to determine whether a trust is domiciled in the State bound by this Convention whose courts are seized of the matter, the court shall apply its rules of private international law.

Article 61

Without prejudice to any more favourable provisions of national laws, persons domiciled in a State bound by this Convention who are being prosecuted in the criminal courts of another State bound by this Convention of which they are not nationals for an offence which was not intentionally committed may be defended by persons qualified to do so, even if they do not appear in person. However, the court seised of the matter may order appearance in person; in the case of failure to appear, a judgment given in the civil action without the person concerned having had the opportunity to arrange for his defence need not be recognised or enforced in the other States bound by this Convention.

Article 62

For the purposes of this Convention, the expression ‘court’ shall include any authorities designated by a State bound by this Convention as having jurisdiction in the matters falling within the scope of this Convention.

TITLE VI

TRANSITIONAL PROVISIONS

Article 63

(1) This Convention shall apply only to legal proceedings instituted and to documents formally drawn up or registered as authentic instruments after its entry into force in the State of origin and, where recognition or enforcement of a judgment or authentic instruments is sought, in the State addressed.

(2) However, if the proceedings in the State of origin were instituted before the entry into force of this Convention, judgments given after that date shall be recognised and enforced in accordance with Title III—

(a) if the proceedings in the State of origin were instituted after the entry into force of the Lugano Convention of 16 September 1988 both in the State of origin and in the State;

(b) in all other cases, if jurisdiction was founded upon rules which accorded with those provided for either in Title II or in a convention concluded between the State of origin and the State addressed which was in force when the proceedings were instituted.

TITLE VII

RELATIONSHIP TO COUNCIL REGULATION (EC) No 44/2001 AND OTHER INSTRUMENTS

Article 64

(1) This Convention shall not prejudice the application by the Member States of the European Community of the Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, as well as any amendments thereof, of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968, and of the Protocol on interpretation of that Convention by the Court of Justice of the European Communities, signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession to the said Convention and the said Protocol by the States acceding to the European Communities, as well as of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, signed at Brussels on 19 October 2005.

(2) However, this Convention shall in any event be applied—

(a) in matters of jurisdiction, where the defendant is domiciled in the territory of a State where this Convention but not an instrument referred to in paragraph 1 of this Article applies, or where Articles 22 or 23 of this Convention confer jurisdiction on the courts of such a State;

(b) in relation to lis pendens or to related actions as provided for in Articles 27 and 28, when proceedings are instituted in a State where the Convention but not an instrument referred to in paragraph 1 of this Article applies and in a State where this Convention as well as an instrument referred to in paragraph 1 of this Article apply;

(c) in matters of recognition and enforcement, where either the State of origin or the State addressed is not applying an instrument referred to in paragraph 1 of this Article.

(3) In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the ground of jurisdiction on which the judgment has been based differs from that resulting from this Convention and recognition or enforcement is sought against a party who is domiciled in a State where this Convention but not an instrument referred to in paragraph 1 of this Article applies, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

Article 65

Subject to the provisions of Articles 63(2), 66 and 67, this Convention shall, as between the States bound by this Convention, supersede the conventions concluded between two or more of them that cover the same matters as those to which this Convention applies. In particular, the conventions mentioned in Annex VII shall be superseded.

Article 66

(1) The conventions referred to in Article 65 shall continue to have effect in relation to matters to which this Convention does not apply.

(2) They shall continue to have effect in respect of judgments given and documents formally drawn up or registered as authentic instruments before the entry into force of this Convention.

Article 67

(1) This Convention shall not affect any conventions by which the Contracting Parties and/or the States bound by this Convention are bound and which in relation to particular matters, govern jurisdiction or the recognition or enforcement of judgments. Without prejudice to obligations resulting from other agreements between certain Contracting Parties, this Convention shall not prevent Contracting Parties from entering into such conventions.

(2) This Convention shall not prevent a court of a State bound by this Convention and by a convention on a particular matter from assuming jurisdiction in accordance with that convention, even where the defendant is domiciled in another State bound by this Convention which is not a party to that convention. The court hearing the action shall, in any event, apply Article 26 of this Convention.

(3) Judgments given in a State bound by this Convention by a court in the exercise of jurisdiction provided for in a convention on a particular matter shall be recognised and enforced in the other States bound by this Convention in accordance with Title III of this Convention.

(4) In addition to the grounds provided for in Title III, recognition or enforcement may be refused if the State addressed is not bound by the convention on a particular matter and the person against whom recognition or enforcement is sought is domiciled in that State, or, if the State addressed is a Member State of the European Community and in respect of conventions which would have to be concluded by the European Community, in any of its Member States, unless the judgment may otherwise be recognised or enforced under any rule of law in the State addressed.

(5) Where a convention on a particular matter to which both the State of origin and the State addressed are parties lays down conditions for the recognition or enforcement of judgments, those conditions shall apply. In any event, the provisions of this Convention which concern the procedures for recognition and enforcement of judgments may be applied.

Article 68

(1) This Convention shall not affect agreements by which States bound by this Convention undertook, prior to the entry into force of this Convention, not to recognise judgments given in other States bound by this Convention against defendants domiciled or habitually resident in a third State where, in cases provided for in Article 4, the judgment could only be founded on a ground of jurisdiction as specified in Article 3(2). Without prejudice to obligations resulting from other agreements between certain Contracting Parties, this Convention shall not prevent Contracting Parties from entering into such conventions.

(2) However, a Contracting Party may not assume an obligation towards a third State not to recognise a judgment given in another State bound by this Convention by a court basing its jurisdiction on the presence within that State of property belonging to the defendant, or the seizure by the plaintiff of property situated there—

(a) if the action is brought to assert or declare proprietary or possessory rights in that property, seeks to obtain authority to dispose of it, or arises from another issue relating to such property; or

(b) if the property constitutes the security for a debt which is the subject-matter of the action.

TITLE VIII

FINAL PROVISIONS

Article 69

(1) The Convention shall be open for signature by the European Community, Denmark, and States which, at the time of the opening for signature, are Members of the European Free Trade Association.

(2) This Convention shall be subject to ratification by the Signatories. The instruments of ratification shall be deposited with the Swiss Federal Council, which shall act as Depositary of this Convention.

(3) At the time of the ratification, the Contracting Parties may submit declarations in accordance with Articles I, II and III of Protocol 1.

(4) The Convention shall enter into force on the first day of the sixth month following the date on which the European Community and a Member of the European Free Trade Association deposit their instruments of ratification.

(5) The Convention shall enter into force in relation to any other Party on the first day of the third month following the deposit of its instrument of ratification.

(6) Without prejudice to Article 3(3) of Protocol 2, this Convention shall replace the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters done at Lugano on 16 September 1988 as of the date of its entry into force in accordance with paragraphs 4 and 5 above. Any reference to the 1988 Lugano Convention in other instruments shall be understood as a reference to this Convention.

(7) Insofar as the relations between the Member States of the European Community and the non-European territories referred to in Article 70(1)(b) are concerned, this Convention shall replace the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Brussels on 27 September 1968, and of the Protocol on interpretation of that Convention by the Court of Justice of the European Communities, signed at Luxembourg on 3 June 1971, as amended by the Conventions of Accession to the said Convention and the said Protocol by the States acceding to the European Communities, as of the date of the entry into force of this Convention with respect to these territories in accordance with Article 73(2).

Article 70

(1) After entering into force this Convention shall be open for accession by—

(a) the States which, after the opening of this Convention for signature, become Members of the European Free Trade Association, under the conditions laid down in Article 71;

(b) Member States of the European Community acting on behalf of certain non-European territories that are part of the territory of that Member State or for whose external relations that Member State is responsible, under the conditions laid down in Article 71;

(c) any other State, under the conditions laid down in Article 72.

(2) States referred to in paragraph 1, which wish to become a Contracting Party to this Convention, shall address their application to the Depositary. The application, including the information referred to in Articles 71 and 72 shall be accompanied by a translation into English and French.

Article 71

(1) Any State referred to in Article 70(1)(a) and (b) wishing to become a Contracting Party to this Convention—

(a) shall communicate the information required for the application of this Convention;

(b) may submit declarations in accordance with Articles I and III of Protocol 1.

(2) The Depositary shall transmit any information received pursuant to paragraph 1 to the other Contracting Parties prior to the deposit of the instrument of accession by the State concerned.

Article 72

(1) Any State referred to in Article 70(1)(c) wishing to become a Contracting Party to this Convention—

(a) shall communicate the information required for the application of this Convention;

(b) may submit declarations in accordance with Articles I and III of Protocol 1; and

(c) shall provide the Depositary with information on, in particular—

(i) their judicial system, including information on the appointment and independence of judges;

(ii) their internal law concerning civil procedure and enforcement of judgments; and

(iii) their private international law relating to civil procedure.

(2) The Depositary shall transmit any information received pursuant to paragraph 1 to the other Contracting Parties prior to inviting the State concerned to accede in accordance with paragraph 3 of this Article.

(3) Without prejudice to paragraph 4, the Depositary shall invite the State concerned to accede only if it has obtained the unanimous agreement of the Contracting Parties. The Contracting Parties shall endeavour to give their consent at the latest within one year after the invitation by the Depositary.

(4) The Convention shall enter into force only in relations between the acceding State and the Contracting Parties which have not made any objections to the accession before the first day of the third month following the deposit of the instrument of accession.

Article 73

(1) The instruments of accession shall be deposited with the Depositary.

(2) In respect of an acceding State referred to in Article 70, the Convention shall enter into force on the first day of the third month following the deposit of its instrument of accession. As of that moment, the acceding State shall be considered a Contracting Party to the Convention.

(3) Any Contracting Party may submit to the Depositary a text of this Convention in the language or languages of the Contracting Party concerned, which shall be authentic if so agreed by the Contracting Parties in accordance with Article 4 of Protocol 2.

Article 74

(1) This Convention is concluded for an unlimited period.

(2) Any Contracting Party may, at any time, denounce the Convention by sending a notification to the Depositary.

(3) The denunciation shall take effect at the end of the calendar year following the expiry of a period of six months from the date of receipt by the Depositary of the notification of denunciation.

Article 75

The following are annexed to this Convention—

a Protocol 1, on certain questions of jurisdiction, procedure and enforcement,

a Protocol 2, on the uniform interpretation of this Convention and on the Standing Committee,

a Protocol 3, on the application of Article 67 of this Convention,

Annexes I through IV and Annex VII, with information related to the application of this Convention,

Annexes V and VI, containing the certificates referred to in Articles 54, 58 and 57 of this Convention,

Annex VIII, containing the authentic languages referred to in Article 79 of this Convention, and

Annex IX, concerning the application of Article II of Protocol 1.

These Protocols and Annexes shall form an integral part of this Convention.

Article 76

Without prejudice to Article 77, any Contracting Party may request the revision of this Convention. To that end, the Depositary shall convene the Standing Committee as laid down in Article 4 of Protocol 2.

Article 77

(1) The Contracting Parties shall communicate to the Depositary the text of any provisions of the laws which amend the lists set out in Annexes I through IV as well as any deletions in or additions to the list set out in Annex VII and the date of their entry into force. Such communication shall be made within reasonable time before the entry into force and be accompanied by a translation into English and French. The Depositary shall adapt the Annexes concerned accordingly, after having consulted the Standing Committee in accordance with Article 4 of Protocol 2. For that purpose, the Contracting Parties shall provide a translation of the adaptations into their languages.

(2) Any amendment of Annexes V through VI and VIII through IX to this Convention shall be adopted by the Standing Committee in accordance with Article 4 of Protocol 2.

Article 78

(1) The Depositary shall notify the Contracting Parties of—

(a) the deposit of each instrument of ratification or accession;

(b) the dates of entry into force of this Convention in respect of the Contracting Parties;

(c) any declaration received pursuant to Articles I to IV of Protocol 1;

(d) any communication made pursuant to Article 74(2), Article 77(1) and paragraph 4 of Protocol 3.

(2) The notifications will be accompanied by translations into English and French.

Article 79

This Convention, drawn up in a single original in the languages listed in Annex VIII, all texts being equally authentic, shall be deposited in the Swiss Federal Archives. The Swiss Federal Council shall transmit a certified copy to each Contracting Party.

In witness whereof, the undersigned Plenipotentiaries, have signed this Convention.

Done at Lugano, on 30 October 2007.”

New schedule 2—Super-affirmative resolution procedure—

“1 If the Secretary of State considers it appropriate to make regulations for the purpose of, or in connection with, implementing any international agreement, the Secretary of State Minister may lay before Parliament—

(a) draft regulations, and

(b) an explanatory document.

2 The explanatory document must introduce and give reasons for implementing the international agreement.

3 Subject as follows, if after the expiry of the 40-day period the draft regulations laid under subsection (1) are approved by a resolution of each House of Parliament, the Minister may make regulations in the terms of the draft regulations.

4 The procedure in paragraphs (5) to (8) shall apply to the draft regulations instead of the procedure in paragraph (3) if—

(a) either House of Parliament so resolves within the 30-day period, or

(b) a committee of either House charged with reporting on the draft regulations so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period.

5 The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations, made during the 60-day period with regard to the draft regulations.

6 If, after the expiry of the 60-day period, the draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the draft regulations.

7 If, after the expiry of the 60-day period, the Secretary of State wishes to proceed with the draft regulations but with material changes, the Secretary of State may lay before Parliament—

(a) a revised draft of the regulations, and

(b) a statement giving a summary of the changes proposed.

8 If the revised draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the revised draft regulations.

9 For the purposes of this Schedule regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to their provisions.

10 In this paragraph, references to the ‘30-day’, ‘40-day’ and ‘60-day’ periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Parliament.

11 For the purposes of paragraph 10 no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.”

This new Schedule would apply the super-affirmative resolution procedure to regulations implementing the Lugano Convention in the UK (see NC2).

New schedule 3—Regulations under section (Implementation of other agreements on private international law (No. 2))—

“Restrictions on power to make regulations

1 (1) Regulations under section (Implementation of other agreements on private international law (No. 2)) may not include—

(a) provision that confers power to legislate by means of regulations, orders, rules or other subordinate instrument (other than rules of procedure for courts or tribunals);

(b) provision that creates an offence for which an individual who has reached the age of 18 (or, in relation to Scotland or Northern Ireland, 21) is capable of being sentenced to imprisonment for a term of more than two years (ignoring any enactment prohibiting or restricting the imprisonment of individuals who have no previous convictions).

(2) Sub-paragraph (1)(a) does not prevent the modification of a power to legislate conferred otherwise than under section (Implementation of other agreements on private international law (No. 2)), or the extension of any such power to purposes of a similar kind to those for which it was conferred.

(3) A power to give practice directions or other directions regarding matters of administration is not a power to legislate for the purposes of sub-paragraph (1)(a).

Regulations to be made by statutory instrument or statutory rule

2 The power to make regulations under section (Implementation of other agreements on private international law (No. 2))—

(a) is exercisable by statutory instrument, in the case of regulations made by the Secretary of State;

(b) is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)), in the case of regulations made by a Northern Ireland department.

Parliamentary or assembly procedure

3 (1) This paragraph applies to a statutory instrument containing regulations made by the Secretary of State under section (Implementation of other agreements on private international law (No. 2)).

(2) If the instrument contains (whether alone or with other provision)—

(a) provision made for the purpose of implementing or applying, in relation to the United Kingdom or a particular part of the United Kingdom, any relevant international agreement that has not previously been the subject of any such provision (whether made by regulations under section (Implementation of other agreements on private international law (No. 2)) or otherwise),

(b) provision made for the purpose of giving effect, in relation to the United Kingdom or a particular part of the United Kingdom, to any relevant arrangements that relate to a particular territory and have not previously been the subject of any such provision (whether made by regulations under that section or otherwise),

(c) provision that creates or extends, or increases the penalty for, a criminal offence, or

(d) provision that amends primary legislation,

it may not be made unless it has been approved under the super-affirmative procedure (see paragraph 4).

(3) In this Schedule ‘relevant arrangements’ means arrangements of the kind mentioned in section (Implementation of other agreements on private international law (No. 2)) (3).

(4) If sub-paragraph (2) does not apply to the instrument, it may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

Super-affirmative procedure

4 (1) If the Secretary of State considers it appropriate to make regulations for the purpose of, or in connection with, implementing any international agreement, the Secretary of State may lay before Parliament—

(a) draft regulations, and

(b) an explanatory document.

(2) The explanatory document must introduce and give reasons for implementing the international agreement.

(3) Subject as follows, if after the expiry of the 40-day period the draft regulations laid under sub-paragraph (1) are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the draft regulations.

(4) The procedure in sub-paragraphs (5) to (8) shall apply to the draft regulations instead of the procedure in sub-paragraph (3) if—

(a) either House of Parliament so resolves within the 30-day period, or

(b) a committee of either House charged with reporting on the draft regulations so recommends within the 30-day period and the House to which the recommendation is made does not by resolution reject the recommendation within that period.

(5) The Secretary of State must have regard to—

(a) any representations,

(b) any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations, made during the 60-day period with regard to the draft regulations.

(6) If after the expiry of the 60-day period the draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the draft regulations.

(7) If after the expiry of the 60-day period the Secretary of State wishes to proceed with the draft regulations but with material changes, the Secretary of State may lay before Parliament—

(a) a revised draft of the regulations, and

(b) a statement giving a summary of the changes proposed.

(8) If the revised draft regulations are approved by a resolution of each House of Parliament, the Secretary of State may make regulations in the terms of the revised draft regulations.

(9) For the purposes of this paragraph regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to their provisions.

(10) In this paragraph, references to the ‘30-day’, ‘40-day’ and ‘60-day’ periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Parliament.

(11) For the purposes of sub-paragraph (10) no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than four days.

Scottish affirmative procedure

5 (1) This paragraph applies to regulations made by the Scottish Ministers under section (Implementation of other agreements on private international law (No. 2)).

(2) The regulations are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

Northern Ireland affirmative procedure

6 (1) A Northern Ireland department may not make regulations under section (Implementation of other agreements on private international law (No. 2)) unless a draft of the regulations has been laid before the Northern Ireland Assembly and approved by a resolution of the Assembly.

(2) Section 41(3) of that Act applies for the purposes of sub-paragraph (1) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Interpretation

7 In this Schedule—

‘amend’ includes repeal or revoke;

‘primary legislation’ means any provision of—

(a) an Act of Parliament,

(b) an Act of the Scottish Parliament,

(c) an Act or Measure of Senedd Cymru, or

(d) Northern Ireland legislation;

‘relevant arrangements’ has the meaning given in paragraph 3(3);

‘relevant international agreement’ has the same meaning as in section (Implementation of other agreements on private international law (No. 2)).”

This new schedule is linked to Amendment (e) to Government NC5 and makes provision for regulations made by the Secretary of State under Government NC5 to be subject to super-affirmative procedure, and for all regulations made under that section by Scottish Ministers or Northern Ireland departments to be subject to the relevant affirmative procedure.

Government amendment 7.

Amendment 8, in title, line 1, at end add

“and the Lugano Convention of 2007;”

This amendment is consequential on either Amendment 1 or on Amendments 2 to 4 and NS1.

Amendment 9, line 1, at end add

“and to provide for the implementation of other international agreements on private international law, subject to certain conditions.”

This amendment is consequential on NC1.

Amendment 10, line 1, at end add

“and to provide, subject to a super-affirmative procedure, for the implementation of the Lugano Convention of 2007.”

This amendment is consequential on NC2 and NS2.

Amendment 11, line 1, at end add

“and the Lugano Convention of 2007; and to provide, subject to consultation and a super-affirmative procedure, for the implementation of other international agreements on private international law.”

This amendment is consequential on Amendment (e) to Government NC5 and NS3.

[Mr Djanogly]

The main outstanding issue with the Bill concerns parliamentary scrutiny—that is, of the UK’s accession to a private international law treaty itself and then concerning orders made pursuant to that treaty. To those Members who may have been mesmerised by the complexity of the amendments today, I should say that this was not helped by the Government tabling their amendments only late last week, which required an element of guesswork for everyone else. Having said that, this belies a high level of consistency in the approach taken with tabled amendments by those who remain concerned at the Government’s position, as I shall explain.

Following Second Reading, the Government have unfortunately decided to re-table, almost unamended, the order-making powers as new clause 5, which was so decisively rejected in the other place. Despite multiple meetings with Ministers—where, I have to say, they have only been polite and listening—I am not much the wiser about the Government’s reasons for what can only be seen as a significant proposed extension of the power of the Executive.

The Government’s hinted amendment to remove criminal sanctions of more than two years’ sentencing from the order-making powers would be a good start but would not be nearly enough. I have therefore tabled amendment 2 and others, in my and others’ names. Those amendments need to be put into the context of the Bill as a whole. That is because the Bill only deals with the UK’s entering specific existing PIL treaties. It does not look at how we approve, or scrutinise entering, other future PIL treaties in the first place. Then it goes on to give the broad order-making powers for any unnamed future PIL treaties. I would suggest that, by focusing on future order-making powers, rather than the initial treaties themselves, it is effectively putting the cart before the horse.

Divorce, Dissolution and Separation Bill [Lords]

Baroness Laing of Elderslie Excerpts

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[The Chairman of Ways and Means (Dame Eleanor Laing)]

I should explain that in these exceptional circumstances, although the Chair of the Committee would normally sit in the Clerk’s Chair during the Committee stage, in order to comply with social distancing requirements I will remain in the Speaker’s Chair although I will be carrying out the role not of Deputy Speaker but of Chairman of the Committee. If Members obey the rules to the letter, the occupant of the Chair at this time should be addressed not as Deputy Speaker but as Chairman of the Committee. Just before we commence, I should inform the Committee that there has been a production error on the amendment paper. The names of Bob Blackman and Nick Fletcher should not have been published in support of new clause 4 and new clause 5.

Clause 1

Divorce: removal of requirement to establish facts etc

[Fiona Bruce (Congleton) (Con)]

I beg to move amendment 1, page 2, line 8, leave out “20” and insert “46”

This amendment would extend the minimum legal period for a divorce from six months to one year (with the additional six weeks between the conditional and final orders).

[The Chairman of Ways and Means (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

Amendment 2, page 2, line 9, at end insert—

‘(5A) For the purposes of subsection (5), “the start of the proceedings” means—

(a) in the case of an application that is to proceed as an application by both parties to the marriage, the date on which both parties apply for an order under subsection (1), or

(b) in the case of an application that is to proceed as an application by one party to the marriage only, the date when the notice of an application for a divorce order has been received by the other party to the marriage.’

This amendment would define the start of divorce proceedings so that it is clear when the 20-week period would start.

Amendment 3, page 2, line 19, at end insert—

‘(8A) In the case of an application that is to proceed as an application by one party to the marriage only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

(a) the other party to the marriage agrees to the commencement of financial provision proceedings, or

(b) there is an application under section 22 for the court to make an order for maintenance pending suit.’

This amendment would ensure that there are no discussions about financial settlement in the 20 week period unless both parties agree or there is an application to the court for interim maintenance and financial injunctions.

Clause stand part.

Clauses 2 and 3 stand part.

Amendment 4, in clause 4, page 4, line 9, at end insert—

‘(2A) For the purposes of subsection (2), “the start of the proceedings” means—

(a) in the case of an application that is to proceed as an application by both civil partners, the date on which those persons apply for an order under section 44(1), or

(b) in the case of an application that is to proceed as an application by one civil partner only, the date when the notice of an application for a dissolution order has been received by the other civil partner.’

This amendment would define the start of dissolution proceedings so that it is clear when the 20-week period would start.

Amendment 5, page 4, line 18, at end insert—

‘(5A) In the case of an application that is to proceed as an application by one civil partner only, there shall be no commencement of financial provision proceedings until the end of the period of 20 weeks from the start of the proceedings for the divorce order unless—

(a) the other civil partner agrees to the commencement of financial provision proceedings, or

(b) there is an application under schedule 5, paragraph 2(1) for maintenance pending suit.’

This amendment would ensure that there are no discussions about financial settlement in the 20-week period for the dissolving of a civil partnership unless both parties agree or there is an application to the court for interim maintenance and financial injunctions.

Clauses 4 to 8 stand part.

Government amendment 6.

Clause 9 stand part.

New clause 1—Increased support for marriage and civil partnerships—

‘(1) Section 22 of the Family Law Act 1996 (Funding for marriage support services) is amended as follows.

(2) In subsection (1), for “may” substitute “must”.

(3) In subsection (1)(a), at end insert “, both before and during a marriage”.

(4) After subsection (1)(a) insert—

“(aa) marriage counselling for any partners to a marriage where an application has been made to the court to dissolve the marriage under section 1 of the Matrimonial Causes Act 1973.”

(5) After subsection (3) insert—

“(4) Any reference to marriage or marital breakdown in this section also applies to civil partnerships.”’

This new clause would ensure increased support for marriages and new support for couples where an application for divorce has been made to the court.

New clause 2—Report on the impact on divorce applications and marriage support—

‘(1) The Secretary of State must publish an annual report on the impact of this Act on divorce and dissolution proceedings and marriage and civil partnership with the first report to be published no later than 18 months after the day on which this section comes into force.

(2) The report under subsection (1) must include, but is not limited to—

(a) the number of divorce and dissolution applications made under the provisions of this Act by the sex and income of the applicant and respondent, and

(b) the number of children in the relationships subject to the divorce and dissolution applications, and

(c) the number of married couples or civil partners who seek counselling during the divorce process, broken down by geographic location, and

(d) a statement on the support services and marriage counselling available to married couples or civil partners as an alternative to divorce proceedings under this Act, broken down by geographic location.

(3) The report under subsection (1) must be laid before both Houses of Parliament.’

New clause 3—Divorce after one year separation with consent—

‘(1) The Matrimonial Causes Act 1973 is amended as follows.

(2) In section 1(2), omit subsection (d) and insert—

“(d) that the parties to the marriage have lived apart for a continuous period of at least one year immediately preceding the presentation of the petition (hereafter in this Act referred to as “separation for one year”) and the respondent consents to a decree being granted;”

(3) In section 10(1), substitute “separation for one year” for “two years’ separation”;

(4) In section 10(2)(a), substitute “separation for one year” for “two years’ ”;

(5) In section 10(2)(b), substitute “separation for one year” for “two years’ ”.’

The intention of this new clause is to adopt in England and Wales the approach currently available in Scotland allowing a no-fault divorce to be granted on consent grounds in just one year.

New clause 4—Civil legal aid for divorce, dissolution or separation—

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) After paragraph 18, insert—

18A Civil legal services provided in relation to the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004.’

This new clause would add divorce, dissolution and separation proceedings to the list of civil legal services qualifying for legal aid.

New clause 5—Legal aid for divorce proceedings report—

‘(1) The Secretary of State must conduct a review of the cost and benefits of providing legal aid for divorce proceedings.

(2) In conducting the review under subsection (1), the Secretary of State must take account of the disparity between men and women in their capacity to afford legal advice in matrimonial proceedings.

(3) The Secretary of State must make arrangements for a copy of the report of the review to be laid before both Houses of Parliament no later than six months after the date on which this Act is passed.’

This new clause would require the Secretary of State to carry out a review within six months of the impact of extending legal aid for divorce proceedings, taking account of any disproportionate effect on women of lack of access to legal aid.

New clause 6—Financial abuse qualifying condition in legal aid family matters—

‘(1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

(2) In paragraph 12 (1) (a) after “violence” insert “or financial abuse”.

(3) In paragraph 12 (1) (b) after “violence” insert “or financial abuse”.

(4) In paragraph 9, at the end insert—

““financial abuse” includes—

(a) having money or other property stolen,

(b) being defrauded,

(c) being put under pressure in relation to money or other property, and

(d) having money or other property misused.”’

This new clause would add financial abuse (as defined in section 42 of the Care Act 2014) to the domestic violence condition under which civil legal aid may be provided in a matter arising out of a family relationship.

New clause 9—Review of Act in relation to children’s financial status—

‘(1) The Secretary of State must conduct a review of the financial effects of this Act on families where the marital status (including a current or dissolved civil partnership) of a parent explicitly determines the eligibility for benefits for dependant children.

(2) The Secretary of State must make arrangements for a copy of the report of the review to be laid before both Houses of Parliament no later than six months after the date on which this Act is passed.’

This new clause would require the Secretary of State to publish by the end of this year a report on how this Act will affect the financial status of children and families where benefit entitlement is linked to the civil partnership or marriage status of one or both parents.

Amendment 7, in the schedule, page 19, line 4, at beginning insert—

‘( ) Section 22 of the Family Law Act 1996 (funding for marriage support services) is amended as follows.

( ) In subsection (1), leave out “may, with the approval of the Treasury,” and insert “must”.

( ) In subsection (1)(a), at the end insert “, both before and during a marriage”.

( ) After subsection (1)(a) insert—

(i) marriage counselling for any partners to a marriage where an application has been made to the court for a divorce order under section 1 of the Matrimonial Causes Act 1973.”

( ) After subsection (3) insert—

“(4) Any reference to marriage or marital breakdown in this section also applies to civil partnerships.”’

That the schedule be the schedule to the Bill.

[Fiona Bruce]

This Bill is a bad Bill. It sends out the wrong message at the wrong time. No-fault divorce is really state-approved unilateral divorce. Ministers like to say that it is all about the divorce process and not about marriage. They are wrong. The removal of fault sends out the signal that marriage can be unilaterally exited with no available recourse for the party who has been left. The public get it, even if Ministers do not. In the “Finding fault?” national opinion survey, 71% thought that fault should remain in law. That is a survey on which, in other respects, the Government have relied in bringing forward this legislation. Even in the Government’s own consultation, 80% opposed the proposals, and the Bill was not even in our manifesto.

Counter-Terrorism and Sentencing Bill

Baroness Laing of Elderslie Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[Jim Shannon]

Minister, those who are involved in terrorism may have—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The hon. Gentleman disappoints me. We had all this yesterday. The hon. Gentleman cannot address the Minister as “Minister”; he has to address him in the third person. It is my ambition that the hon. Member for Strangford will get that right.

[Jim Shannon]

Madam Deputy Speaker, I endeavour to follow your instructions and I will do my best.

I seek assurance that those who are involved in terrorist activity, be it providing safe houses, physical assistance, cars or weapons, and who play a smaller role will also feel the brunt of the sentencing for their minor role in a bigger terrorist atrocity.

--- Later in debate ---

[Sir John Hayes]

I should reveal to the House, for those who were not here yesterday, that I had a charming exchange with the right hon. Gentleman, where I described him as a “dear friend” and he described me as a “kind of friend”. I was rather slighted actually, but he made up for it later by saying that it was offered in good humour, and I took it in the same spirit, I have to say.

The right hon. Gentleman is right. One of the things that is important about debates on terrorism in this House is that they do not follow narrow party lines. We try to build consensus, as we face common threats and shared challenges. He is right. Rather like Prevent, we do need to be scrupulous about analysing effectiveness. It is right that the Government should do that and, again, without putting words into the mouth of my hon. Friend the Member for Bromley and Chislehurst, still less provoking action on his behalf, the Select Committee will look at that, together, I imagine, with the Home Affairs Committee and others. There are all kinds of bodies in this august establishment that will play a role in ensuring that the application of what is a new development is effective. So I do not think that that is an unreasonable point, and I am more than happy, in the spirit that I have just described, to amplify it. However, I think that the Government are on the right track and I praise the Lord Chancellor for this in recognising that the bar did need to be lowered for TPIMs.

The other point that I want to make is in relation to Prevent and Channel. This is a complex area because, as I described, the character of terrorism is complex, as is our response to it. I am a pretty robust supporter of Prevent. It has critics; it has always had critics. It is certainly right that we have good oversight of Prevent—I tried to bring that about while I was the Minister and I do not think that that was always the case in the past—and that we measure its effect, too. I am not sure that that was always done as well as it could have been, and I am speaking about Governments of all colours here.

Having met Prevent co-ordinators and seen their work at first hand in various parts of the country, I know how much difference they make. It is not just about Islamist terrorism, although I suppose that is what most people will think that we are focused on today. It is much more broad than that. It is identifying problems of all kinds. I was proud, as the Minister, to introduce the Prevent duty, as some here will know, which engaged the various public bodies that are at the frontline of radicalisation—I am thinking of health professionals, schools and others—and also engaged communities and provided them not only with a responsibility, but, I hope, extra support in identifying those people, particularly young people, as it is often young people who are corrupted in this way, and in trying to act before they did something horrible, dreadful or shocking. I do support Prevent and, while I think that it should be reviewed, I also support the provision in the Bill to extend the review process. I make no comment on who should do it—that is for others to comment on—but I note that the Bill extends it and I think that is the right thing to do.

I come to the part of my speech that will perhaps be more challenging for some here—I hope not too challenging. None the less, I would rather be straight- forward, as I always try to be. It is about the issue of sentencing. Public order and faith in the rule of law depend on popular confidence in the justice system. The justice system is in part retributive. We have fallen into the trap of believing that the only purpose of criminal justice is to rehabilitate. Of course, that is a purpose—in the case of terrorism, as I have made clear, de-radicalisation is crucial—but public sympathy for all we do, and all our security and intelligence services and the police do, depends on people believing that justice is being done, and is being seen to be done. That is hard to reconcile with early release at all.

If we spoke to our constituents about early release, I suspect a very substantial number would find it pretty hard to cope with in the case of serious crime at all—or what they perceive as serious crime—and all the more so with terrorism. I think our constituents, whether they are in South Holland and The Deepings or Tottenham, or any other part of this kingdom, and regardless from which community they come, would be surprised if they knew we were releasing so many people who have committed those kinds of offences.

I am going to draw my remarks to a conclusion shortly—I can see you, with typical charm, combined with authority, moving to the edge of your chair, Madam Deputy Speaker. I particularly welcome the Government’s approach to early release. It seems to me that the various provisions in the Bill that increase minimum sentences and provide the courts with the ability to look again at the tariff, and in some cases, increase maximum sentences, are entirely in tune with popular sentiment and the threat we face.

Let me end by saying this: the Bill, in my judgment, is apposite and appropriate. We are speaking of those whose purpose is to murder and maim—let us be under no illusion and have no doubt about that—and in the struggle for civilised life, in the cause of virtue, on our side there can be no fear, no guilt and no doubt.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before we move on, we will now have to have a time limit. It will initially be 10 minutes, but I warn hon. Members that that is likely to reduce significantly in the near future.