Key Facts

• The Chair of the Committee will remain in the Speaker’s Chair due to social distancing requirements.
• Jonathan Djanogly moves amendment 2, page 2, line 20, at end insert for the 2007 Lugano Convention.
• Amendment includes provisions for reservations or declarations made by the UK when approving the Convention.
• Amendments aim to insert new subsections allowing Her Majesty by Order in Council to extend NC5 (including NS4) to the Isle of Man.
• New clause 5 provides powers for implementing international agreements relating to private international law, with modifications for model laws adopted by international organisations.
• Amendment (g) specifies that 'relevant international agreement' refers to the 2007 Lugano Convention.
• Schedule 3H of the Private International Law (Implementation of Agreements) Bill.
• No specific dates or timelines are mentioned.
• The statement relates to amendments NC1, NC2, NS1, NS2, and NS3 which propose changes to the bill's title and provisions.
• The super-affirmative resolution procedure would apply to regulations implementing the Lugano Convention of 2007 and other private international agreements.
• Regulations must not create new criminal offences punishable by more than two years' imprisonment or delegate legislative powers.
• The Bill concerns parliamentary scrutiny of treaty accession and orders made pursuant to treaties.
• The Government tabled their amendments only late last week.
• New clauses and amendments have been proposed by the MP.
• Three Lords Committee reports over the past two years described CRaG as outdated, inadequate, and flawed.
• Australia's system for treaty scrutiny involves laying treaties before Parliament for at least 15 joint sitting days.
• Amendments propose a sunset provision of two years for order-making powers.
• The Justice Committee was not mentioned during Second Reading.
• The current Ponsonby convention is inadequate for modern times.
• Joining the Lugano convention is urgent to avoid a gap in civil justice co-operation.
• Contracts under Brussels I, Brussels II, and Rome conventions will lose EU membership benefits post-transition period.
• The Italian torpedo refers to conflicting cases run in different jurisdictions simultaneously.
• The Chartered Institute of Arbitrators is mentioned as an associated organisation.
• The Singapore mediation convention is highlighted as a treaty needing prompt implementation.
• The UK is described as falling behind in maintaining its position as a global hub for alternative dispute resolution compared to countries like Singapore.
• The UK regained full competence to enter into PIL agreements from February 1, 2021.
• The Bill supports the implementation of key international treaties such as the 1996 and 2005 Hague conventions on child abduction and maintenance enforcement.
• Delegated legislation is constitutionally appropriate for implementing these agreements.
• The UK led the world towards free trade starting from the Reciprocity of Duties Act in 1823 and further with the repeal of corn laws in 1846.
• Private International Law agreements are crucial for legal certainty, conflict jurisdiction resolution, and international judgment enforcement.
• The transition period post-EU membership necessitates urgent PIL agreements to support global Britain's pivot.
• New clause 5 would allow Ministers to implement treaties through an affirmative statutory instrument process.
• The CRaG mechanism exists for scrutiny of statutory instruments.
• Bishop Auckland constituents prioritize healthcare, education, crime, and immigration over PIL treaties.
• New clause 5 seeks to use delegated legislation for future international private law agreements.
• Parliamentary scrutiny will exist through the affirmative process under new clause 5.
• The Foreign Judgments (Reciprocal Enforcement) Act 1933 and Maintenance Orders (Reciprocal Enforcement) Act 1972 contain delegated powers allowing decisions to be made by Order in Council.
• Amendments aim to enhance transnational cooperation.
• The Lugano convention is significant in avoiding multiple court cases and saving costs.
• A simple mechanism needs to be introduced by December 31 if the UK joins the Lugano convention.
• New clause 5 aims to implement the Lugano convention swiftly.
• Amendment (a) would allow implementation without granting sweeping Henry VIII powers.
• Amendment (e) proposes a super-affirmative resolution procedure for implementing international agreements via secondary legislation.
• Private International Law (Implementation of Agreements) Bill addresses cross-border civil and family justice matters.
• The bill aims to implement PIL agreements in a timely and effective manner, ensuring 'agility' in negotiation contexts.
• Previous agreements like the Lugano convention and Hague conventions were non-contentious and widely accepted.
• The statement critiques the lack of parliamentary role when the UK was part of the European Union for PIL agreements.
• It mentions the CRaG procedure and affirmative procedure as methods to introduce more scrutiny.
• Orders in Council were used previously, bypassing normal parliamentary processes.
• Amendments 1 to 4, new clauses 1 and 2, and new schedule 3 are discussed in relation to Lugano convention implementation.
• Additional provisions will be required for the proper implementation of Lugano into domestic law.
• The Bill complies with the devolution settlement, as legislative consent motions have been passed by Scottish Parliament and Northern Ireland Assembly.
• The debate highlights the importance of proper scrutiny provisions and expertise in determining ministerial orders.
• Points were made about the need for agility, flexibility, and speed in approaching these orders by several MPs.
• Japan, the US, and EU have more stringent scrutiny processes compared to the UK.
• The new clause provides power to implement international agreements relating to private international law.
• The clause was read a Second time and added to the Bill after debate in the Committee.
• Schedules 1 to 5 were agreed to.
• Regulations under section 3 may not include provisions that confer legislative power or create serious criminal offences.
• The power to make regulations can be exercised by statutory instrument for England/Wales and statutory rule for Northern Ireland.
• Drafts of certain types of regulations must be approved by Parliament or the relevant assembly before implementation.
• The Bill aims to underpin future benefits for the United Kingdom and its citizens.
• It seeks to replace and update the UK’s private international law framework post-Brexit.
• All parties agree on the importance of remaining at the forefront of delivering justice internationally.
• The Bill aims to provide a sound footing for private international law agreements post-EU.
• Concerns raised about criminal sanctions and CRaG operation need addressing.
• Declarations attached to international legal agreements may have significant impacts and require proper scrutiny.
• Examples include excluding insurance contracts from the Hague choice of court convention 2005.
• Model laws, while not treaties, are important soft law provisions needing scrutiny before domestic implementation.
• Implementation of key Hague conventions is recommended for civil and family law cooperation.
• Ratification of the 2000 Hague convention on international protection of adults in England and Wales is suggested.
• The Bill aims to implement agreements related to private international law.
• It has important consequences for businesses and individuals.
• The Minister worked across the Chamber and respected the devolution settlement during the process.