Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019

Lord Hope of Craighead Excerpts

Tuesday 29th January 2019 Grand Committee

[Lord Hope of Craighead (CB)]

My Lords, about half-way down page 3 there is a reference to “participating Member State” and that it means “a Member State other than Denmark”. Am I right in thinking that, although it is dealt with specifically there, there is no change as far as Denmark is concerned because it does not participate in the EU regulations? Is it purely a matter of drafting that this provision appears?

[Lord Keen of Elie]

The position as I understand it —I mentioned this earlier—is that pursuant to Article 22 of TFEU, Denmark has an opt out from all of these issues but has a bilateral agreement with the EU in respect of them. I have been corrected. It does not have a bilateral agreement in respect of this one but it does with the others—I apologise—and that is why Denmark is excepted.

[Lord Hope of Craighead]

It is really a clarification in the drafting—it does not change anything. That is my point.

[Lord Keen of Elie]

That is entirely right.