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

Lord Thomas of Cwmgiedd Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 3rd June 2020 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I will speak briefly in support of the amendments put forward, in the event that such amendments become necessary. I will speak first to Amendment 19.

Private international law, by its very nature, is concerned generally with private individuals and private law. It seems to me, therefore, that if there are circumstances where the ordinary powers of the courts—for example, powers relating to injunctive or contempt proceedings—are insufficient, Parliament ought to have the opportunity of considering whether, in such circumstances, a criminal sanction should be imposed.

As to Amendment 20, it is fair to say that, from my own experience—save as is illustrated by what has happened on this Bill—the Ministry of Justice is fairly good at consulting widely. However, my experience of other ministries is, I regret to say, not as favourable. Therefore, I think it right that, in the event that these provisions become necessary, there be an express obligation, set out in some detail, in relation to consultation.

This has two purposes. First, it makes certain that each department has to think carefully as to whether there is a provision in the agreement it has made, and then set about a proper consultation. Secondly, it is always of value in international obligations to be able to say that the particular obligation concerned, in so far as it affects domestic law, has to be approved by Parliament. One notes that, quite often, this is a matter used by the United States with quite considerable effect. It seems to me that, at this stage, we do not have sufficient experience of knowing how effective CRaG will be.

We have to be very cautious these days in circumstances where framework legislation is now becoming so extensive. If we are to have much more framework legislation—and it looks as if we are going that way—we really have to look much more at our own procedures for considering regulations made under such framework legislation, which this is, in effect.

In the event that it is necessary to have an amendment of this kind, I therefore warmly support that put forward by my noble and learned friend Lord Falconer of Thoroton.

[Lord Adonis]

Virtually every speaker in the debate has supported what my noble and learned friend Lord Falconer said. The obvious question to the Advocate-General is this: will he reconsider this matter before Report?