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

Jim Shannon Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 2nd September 2020 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to make some brief comments in this debate. The Lord Chancellor is no longer here, but I thank him for setting the scene so well for us all to follow. As we are all aware, the Library has made things clear in the notes on the Bill. I want to start with the words of the Bar Council:

“Private international law is at once both a highly technical field and one that is extremely important in regulating the lives of individuals and businesses when they cross borders. Never has there been a greater need to consult specialists in this field and to ensure rigorous scrutiny to produce a cogent and coherent strategy in this field. Time is short to ensure that United Kingdom private international law is left in a clear and satisfactory state upon exit day.”

That sets the scene for where we are and the importance of what we are trying to achieve.

The Bill as introduced into the House of Commons contains only one substantive clause that would give domestic effect to three international agreements covering aspects of private international law—the Hague conventions of 1996, 2005 and 2007. These provide a framework for determining jurisdiction and enforcement in international disputes covering child custody and maintenance, and civil and commercial matters. The United Kingdom currently participates in these arrangements as a result of our former membership of the EU, as well as the EU-wide measures covering co-operation on cross-border legal issues.

My interest in these matters comes purely from my constituency work load. Over the years, as a Member of Parliament since 2010 and as a Member of the Northern Ireland Assembly prior to that, constituents have come to me with such issues, and most of those were to do with the custody of children or divorce, but sometimes there were insolvency or commercial matters. However, the real issue was family law, so I am encouraged by what the Lord Chancellor said in relation to that, because there is a necessity to provide certainty and protection to children and families in what is often the very fractious and difficult environment of family disputes. Some cases and disputes that I have been involved in over the years as an elected representative—not as a legal matter; I am not legally qualified and I am always conscious of saying that—can be made additionally complicated by the cross-border element.

I have also been involved in issues when there have been accidents in other jurisdictions, where there were claims to be made and where accountability was part of that process, and that again comes under international law. On one or two occasions, someone has bought a product in another country and wants the right of recourse because it was defective. The hon. Member for Huntingdon (Mr Djanogly) referred to one of the greater issues in the last few years—the purchase of houses and villas. I suppose my introduction to this was on behalf of constituents who then had difficulties with the purchase of those properties, and with land disputes. These are key issues for some of my constituents. There were not just problems with the law—sometimes the problems were with the interpretation of the law and, ultimately, with the language difficulties that arose.

We have found, in most cases, that the successful Brexit vote has determined that we must have arrangements in place that will include the continuation of our ability to govern cross-border legal disputes. I believe that that is essential—as the Lord Chancellor said earlier—for Northern Ireland and our border with the EU member, the Republic of Ireland. We want, need and desire a good working relationship with the Republic of Ireland and, if possible, with the EU. Many international companies operate in Northern Ireland, such as Bombardier in my constituency, to which my hon. Friend the Member for Belfast East (Gavin Robinson) referred in a question to the Prime Minister today, as well as insurance firms. These are among many others in Northern Ireland who need confidence and the assurance that, in the post-transition period, they will continue to be offered the same protections that EU firms enjoy. It is very important for firms in my constituency to have that same protection and to know that that will happen because of the Bill we have before us.

In a briefing for the peers, the Bar Council welcomed clause 1 of the Bill, suggesting that although it might not be necessary, it would be helpful in making things clearer in primary legislation. I am pleased to see that this has been retained. The Lord Chancellor also stated that for the Scottish Parliament, which the hon. and learned Member for Edinburgh South West (Joanna Cherry) spoke about, and the Northern Ireland Assembly, matters will be devolved. Will the Minister say in his conclusion—it would be good to have this on record—whether there will be occasions when Westminster, or the House of Commons, will and can overrule what may happen at the Northern Ireland Assembly or the Scottish Parliament? I just want to have that on record, if possible.

The Bar Council also referred to the fact that it might be necessary to consult specialists in the field. The specialists that we have in the Northern Ireland Assembly and Northern Ireland will guide us and give advice, so it is always good to know whether there are occasions when we may find ourselves, not in conflict with the House of Commons in any way but with a difference of opinion legally.

In conclusion, I would also like the Minister, in summing up, to underline that the consultation process with those who work daily with the remit of this legal principle has cast the net wide—I am sure it probably has, but I ask him please to confirm it. Will he also confirm that he understands the necessary protections needed to ensure that on the day that our chains to Europe are finally broken—boy, do I look forward to that day—we have the continuity of domestic protection with effect to the three international agreements governing aspects of private international law, The Hague conventions of 1996, 2005 and 2007?