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 Robert Goodwill and Mhairi Black

Wednesday 30th January 2019 General Committees

[Mhairi Black]

I want to start by saying that I appreciate that the instruments are very dense and technical. Will the Minister write to me to clarify a couple of things? The part that particularly concerns me is child maintenance. I would like clarification that child maintenance comes under the Hague convention and that there will be no EU member states where we do not have a framework in respect of child maintenance in particular. I appreciate that that is something that the Minister can go away and find out.

I am keen to find out exactly when it is intended that the full impact assessment will be published, as was said by the hon. Member for Cardiff North. If we do not have a date for the full impact assessment, I would appreciate the reasoning behind why we are ploughing on ahead when we have not had the chance to review things properly.

At the moment, I am still going to vote against the motions, for the simple reason that I find it incredible that neither of the instruments has been subject to formal consultation, when we have such an unprecedented event about to happen. That is the first thing that is a real red flag for me.

I also find it incredible that there are no plans to issue any guidance. The explanatory memorandum to the draft family regulations says that the Government have spoken to

“law stakeholders and leading family law practitioners”,

but at the bottom of the same page it says,

“rules on divorce etc…and parental responsibility legal aid will require relevant businesses, charities and voluntary bodies to familiarise themselves and adjust their administrative arrangements to deal with the new rules.”

The Government themselves recognise that the regulations will have a huge impact on many bodies that people are incredibly reliant upon.

[Mr Goodwill]

I understand the hon. Lady’s point on consultation. However, the Government are surely trying to maintain the current situation. Governments consult when changing things, but the Government are currently endeavouring to ensure that, following Brexit—whether with a deal or without a deal—people can maintain their rights and maintain the same opportunities to bring cases, whether on child maintenance or divorce.

[Mhairi Black]

I fully appreciate the right hon. Gentleman’s point, and I have to say that, in essence, I agree. It is the job of Government to try to think of things that will actually work. However, with the greatest of respect, the Government have had the last two years to organise all this. To be doing it at the last minute, without providing enough information, is not good enough. The attitude is almost, “This will have to do,” because we are near the deadline. I find it hard to see how the Government can assure us that the statutory instruments will have a positive impact, when their one reason is that there will be workable rules. That is like saying, “Och, at least we have something.” I am really unimpressed with what has been provided. It is certainly not enough to change my mind at this moment in time.

With the greatest of respect, the Government are not exactly renowned for their transparency or for keeping their opinion the same on everything. With that in mind, the draft instruments do nothing to inspire me with confidence. They are not good enough and they are not adequate to fill the gap, so I will have to vote against them.