1980 Hague Convention on Child Abduction

Lord Clarke of Nottingham Excerpts

Monday 16th April 2012 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The Government have decided to opt in to the European Commission’s proposals for the acceptance by the member states, in the interests of the EU, of the accession of Albania, Andorra, Armenia, Gabon, Morocco, the Russian Federation, Seychelles and Singapore to the 1980 Hague convention on the civil aspects of international child abduction.

All EU member states are party to the successful 1980 Hague convention which is the primary civil law international instrument that provides a mechanism to seek the prompt return of wrongfully removed or retained children to their country of habitual residence. When a country wishes to accede to the convention it is necessary for an existing contracting state to accept that country’s accession before the convention can apply between them. It is the European Commission’s view that there is exclusive competence on the EU for all matters relating to the 1980 convention and that therefore member states must now be authorised by the EU to accept accessions by third countries and must do so collectively through Council decisions.

Although not anticipated in the proposals, the Government believe that the UK opt in under the protocol to title V of the treaty on the functioning of the European Union applies and it has therefore asserted its right to choose whether to opt in and has decided it is in the UK’s best interests to do so.

The Government have taken this decision notwithstanding the fact that it disputes the Commission’s claim to exclusive competence and it is still determining whether each of the countries seeking to accede to the convention will be able to operate the convention effectively.

The Government believe that the wider significance of these proposals for external competence mean that it is in the UK’s interests to participate fully in these negotiations, including having the ability to vote. These proposals must be agreed by unanimity within the Council.