Draft Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024

Ruth Cadbury Excerpts

Tuesday 21st May 2024 General Committees

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I thank the Minister for setting out the purpose and the detail of the draft regulations. As we know, the 2019 Hague convention was signed on behalf of the UK on 12 January this year, following the announcement on 23 November that the UK would join as soon as possible in response to a public consultation that the Government described as positive. The draft regulations will amend the Civil Jurisdiction and Judgments Act 1982 to give the 2019 convention force of law in the UK and to make further provision for the 2019 convention’s operation in the UK.

The Opposition support the draft regulations. We feel that in the post-Brexit era there are clear advantages that being a party to the 2019 judgments convention will bring to the UK. Labour has an iron-clad commitment to the rule of law, and it is upheld by the UK’s legal sector, which is worth £34 billion each year, which is a marvel on the world stage and second only to the United States.

It is welcome and perhaps unsurprising that all respondents to the consultation, from the legal sector to the public sector, thought that the UK should join Hague 2019. Having a uniform set of rules for a wide range of judgments between the UK and other contracting parties can increase confidence in the UK legal system. We agree with the Government’s stated belief that the convention will therefore benefit both businesses and consumers operating and living across borders between the UK and other countries. It will provide assurance that UK judgments in scope will be recognised and enforced by current and future contracting parties to the convention, and vice versa, which in turn will encourage trade and investment. We know that there are already 29 contracting parties for which the convention entered into force on 1 September 2023, with more to come.

Although we welcome the draft regulations, I am keen for the Minister to clarify a point about implementation and to answer a further question. The Hague 2019 convention was signed on behalf of the jurisdictions of Scotland, Northern Ireland and England and Wales, because the decision to join an international convention is a reserved matter, but the implementation of the convention is devolved to Scotland and Northern Ireland, as it relates to private international law, which is a devolved matter. The Minister touched on implementation in the devolved nations, but I would like a little more detail on the engagement that the Government have had and continue to have with the devolved Governments on the implementation process.

Several respondents to the public consultation that preceded the draft regulations identified some downsides to Hague 2019, although they did not consider that they outweighed the merits of joining. I want to highlight one such concern. One stakeholder’s submission said:

“A potential concern may arise if a state which does not have a reliable or fair judicial system, for example because judges are subject to improper political (or other) influence, became a party to the Convention, or if a state that was party to the Convention experienced a deterioration in the independent functioning of its judicial system or no longer upheld the rule of law. Whilst there are safeguards under Article 29 permitting a state to make a notification preventing the Convention from applying with another Contracting State, the notification can only be made at the time of ratification of the other state, and not subsequently, meaning this safeguard would not be available in the latter instance.”

I will be grateful if the Minister can assure the Committee that an appropriate safeguard is in place.

I conclude by reaffirming our support for the draft regulations. Seldom do we find such agreement in this place, but—and there is a “but”—there is a wider picture of an entrenched crisis across our justice system that we cannot forget: access to justice is dwindling, our crumbling court estate is buckling under the weight of unprecedented backlogs, and our prison estate is not fit for purpose and is hugely over capacity.

--- Later in debate ---

[Ruth Cadbury]

There was also a point about the subsequent weakness of judicial process in certain circumstances.

[Gareth Bacon]

I apologise to the hon. Lady for that oversight. As she correctly said, there is a provision under article 29 such that if the UK objects to a new country formally ratifying the treaty, we can apply for this not to apply, both in that country and in this one. For a country that is already subject to it, she is correct to point out that there is no formal mechanism for withdrawing from it. I would venture to suggest—I will correct this if I inadvertently mis-speak here—that what would then happen is that there would be a negotiation among the parties to the convention. If agreement cannot be found, the UK could unilaterally withdraw from it, albeit that that would take a 12-month period of notice.

I am grateful for hon. Members’ contributions to the debate. Joining the 2019 Hague convention as soon as possible is in the UK’s best interests. As I have said, it is an important step for the UK to provide greater clarity and confidence for UK businesses and citizens who work and live across international borders. I am eager to see the necessary legislation in place to facilitate that. I therefore commend this draft regulations to the Committee.

Question put and agreed to.