Draft Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019 Draft Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment Etc.) (EU Exit) Regulations 2019

Debate between Lucy Frazer and Robert Goodwill

Wednesday 30th January 2019 General Committees

[Lucy Frazer]

I understand that all member states sign up to the Hague convention. In fact, the EU signs up to the Hague convention, and therefore the member states are signed up as parties under the umbrella of the EU.

There are a number of additional matters to raise. In relation to the first statutory instrument, we are very grateful to family law practitioners for raising two issues about maintenance that we are urgently considering. Both are technical and complex. The first relates to jurisdiction and remedies under the Children Act 1989 and whether, in returning to the pre-EU position, the instrument has inadvertently narrowed the jurisdiction of the English and Welsh courts and the type of financial awards they can make. The Government’s position is that the current position is appropriate, and there is no intention to reduce or narrow the provision available to families. The Government will bring forward a further SI to address that.

The second issue relates to whether, post exit, an English or Welsh court will have the power to rule on pension-sharing arrangements in cases where a person does not have a connection to England or Wales but is unable to bring the claim elsewhere. Although only a small number of cases will be affected, we will consider whether that issue should be addressed.

I shall now deal with the draft Civil Partnership and Marriage (Same Sex Couples) (Jurisdiction and Judgments) (Amendment etc.) (EU Exit) Regulations 2019. The UK Government’s position has always been that we will apply the same rules on jurisdiction, recognition and enforcement to same-sex divorce and civil partnership dissolution as we do to opposite-sex divorce.

As Brussels IIa does not apply in relation either to civil partnership dissolution or to divorce between same-sex couples, our domestic law mirrors the relevant provision for those cases. It is entirely appropriate to take a similar approach to determining jurisdiction, recognition and enforcement as that taken for opposite-sex couples. That is what the regulations will do.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Many of us in this place would like civil partnerships to be extended to different-sex couples. Would further changes to the regulations be required for their provisions to apply in such cases, or would that happen automatically if we extended civil partnerships to non-same sex couples?

[Lucy Frazer]

That is a matter that we would consider at the appropriate time, but my right hon. Friend makes a very good point. We are looking at those issues and are committed to them.

In conclusion, without a deal in place, there would be no overarching framework between the UK and the EU, as there is under existing mechanisms. We are therefore ensuring that, if we leave without a deal, our legal system will continue to work effectively for our citizens through the international arrangements we have in place and by going back to common law. If Parliament approves the withdrawal agreement, which includes an implementation period, and passes the legislation necessary to implement that agreement, the Government will defer the coming into force of these instruments until the end of the implementation period. If a deal on our future relationship is reached, we envisage that the instruments will be revoked in their entirety.

Draft Civil Legal Aid (Amendment) (EU Exit) Regulations 2019

Debate between Lucy Frazer and Robert Goodwill

Tuesday 22nd January 2019 General Committees

[Lucy Frazer]

The best way to protect the citizens whom the hon. Lady talks about is to ensure that we have a deal. The Prime Minister’s deal will allow us an implementation period to negotiate the very points that the hon. Lady identifies. One of those points is an agreement in relation to families, on which we would be able to get a reciprocal arrangement in future.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Does my hon. Friend share my surprise that the shadow Minister, the hon. Member for Bolton South East, did not vote for that deal, especially given that 58.3% of people in Bolton voted to leave the European Union? The only way that we can guarantee that it will happen is to get the deal over the line.

[Lucy Frazer]

That is a very good point. I am sure hon. Members would like to continue discussing the very important SI before us, but I will commend it to the Committee.

Question put.

Social Mobility Commission

Debate between Lucy Frazer and Robert Goodwill

Monday 4th December 2017 Commons Chamber

[Lucy Frazer (South East Cambridgeshire) (Con)]

Reports produced by the Social Mobility Foundation show that in the past year, east Cambridgeshire has gone up 70 places. While there is still more work to do, does the Minister think that the commission should be proud of this progress?

[Mr Goodwill]

Absolutely. There are parts of the country where tremendous progress has been made, not least in London, and they have shown the way ahead not only in education but in other areas. I am very optimistic that, as our 12 opportunity areas get into the full implementation stage, we will see improvements in those areas and learn lessons that can be applied elsewhere around the country.

Free Childcare Entitlement

Debate between Lucy Frazer and Robert Goodwill

Wednesday 6th September 2017 Commons Chamber

[Mr Goodwill]

I absolutely recognise the importance of the maintained sector. Indeed, many of the small number of maintained nursery schools tend to be in some of the more deprived areas, where needs are much greater. I would just reiterate the fact that 93% of nursery providers are either good or outstanding, according to Ofsted. That is a great sign of the quality that is being delivered on the ground. More hours will mean better quality education, with children starting school more prepared for it. Indeed, a report in the press today showed that children arrive at school without the necessary language skills and simple skills such as picking up a knife and fork. They will learn that at nursery, and that is great news.

[Lucy Frazer (South East Cambridgeshire) (Con)]

Figures produced over the summer show that female employment rates are at a record high, at over 70%. Does the Minister agree that it is important to encourage and support women back into work and that this policy and legislation do that?

[Mr Goodwill]

I absolutely agree with my hon. and learned Friend, while recognising that some mothers and, indeed, fathers may see caring for their child at home as their priority—sadly, many do not have a choice in that because of the finances of the household. However, this policy is delivering the opportunity for more women to get into the workplace, and I have already heard from women who have taken on more hours or started a job when they could not previously afford to go to work at all.

Oral Answers to Questions

Debate between Lucy Frazer and Robert Goodwill

Monday 6th March 2017 Commons Chamber

[Mr Goodwill]

I certainly look forward to appearing before the right hon. Lady’s Committee to give the Government’s side of the story. I do not recognise the figures that I saw, and I suspect that some of the methodology behind them will not bear too much scrutiny. If spaces are available with local authorities, it is important that they are made available for the national transfer scheme. Kent County Council, for example, has 400 surplus children over its normal capacity—Croydon is another—which makes things difficult.

[Lucy Frazer (South East Cambridgeshire) (Con)]

15. I am pleased that Cambridgeshire County Council has accepted people from the unaccompanied asylum seekers dispersal scheme and that Cambridge City Council, together with East Cambridgeshire and South Cambridgeshire District Councils, is welcoming 100 refugees. Does the Minister think that councils should do what they can and, more importantly, that we should properly welcome the people who come and integrate them into our communities?

[Mr Goodwill]

I pay tribute to local authorities such as Cambridgeshire that not only take in children under the national transfer scheme but make families welcome under our scheme for the 20,000 children and their families coming from the camps around Syria and the 3,000 children and their families from the wider middle east and north Africa area.