Beyond Brexit: Policing, Law Enforcement and Security (EUC Report)

Baroness Goudie Excerpts

Friday 11th March 2022 Lords Chamber

[Baroness Goudie (Lab)]

My Lords, I thank the noble Lord, Lord Ricketts, who chaired this committee in a masterclass way throughout Covid. I also thank the clerks and the technical staff of this House, because without them this report would not be here today. We had a marvellous period of time when we did not see each other but no meeting was missed and there were no real technical problems. I thank everybody who assisted us on that.

The Lugano Convention is not exclusively an EU measure. On the contrary, it creates common rules regarding jurisdiction and the enforcement and recognition of civil, commercial and family judgments across the EU and most of EFTA. It was concluded in 1988 as an international agreement and was given effect in the United Kingdom in 1991. However, the United Kingdom left it with Brexit. It can rejoin the convention, but only with the unanimous agreement of all the parties.

I support the United Kingdom’s intention to seek membership, but it is most unfortunate, to say the least, that the Government waited until April 2020. Accordingly, there has been an entirely avoidable hiatus between the end of the Brexit transition period and the safety net provided by the Lugano Convention and reciprocal enforcement. As the Government acknowledged, this means that issues relating to jurisdiction, recognition and enforcement are becoming more complex, in particular in child abduction cases and difficult family law and maintenance cases, and when one partner or another absconds, or both live in a different place and the children are here.

I have two questions. First, what are the reasons for this damaging delay? Secondly, what steps are the Government taking to engage with the EU, and in particular Denmark, to reach a satisfactory and speedy resolution? In the circumstances we have seen in the last few weeks, it is even more important that we come to a conclusion and that it is accepted.