Key Facts

• Private International Law (PIL) includes rules on jurisdiction, applicable law, recognition and enforcement of foreign judgments, and co-operation between courts.
• PIL agreements help resolve cross-border legal disputes more efficiently and reduce costs.
• The Government aims to join the Lugano convention without any gap post-Brexit implementation period.
• The Bill contains two substantive clauses related to implementing Hague conventions and future PIL agreements via secondary legislation.
• Lords amendment 4A limits the power so that it cannot create criminal offences punishable by prison sentence, but allows for lesser offences like updating address information for maintenance decisions.
• Amendments include a five-year sunset period with extendable reviews through affirmative statutory instruments.
• The Bill can be extended more than once, but requires parliamentary approval.
• The Singapore convention on mediation is mentioned as a future implementation target.
• Consultation requirements are added for making regulations under the Bill.
• Labour supported the principle of the Bill.
• Clause 1 gives effect to international treaties in domestic law through primary legislation.
• Clause 2 was reinstated by the Government despite opposition.
• Clause 1 gives effect to key international conventions in domestic law.
• Clause 2 allows for future agreements to be implemented via secondary legislation, which Labour opposes due to constitutional concerns.
• The House of Lords Constitution Committee and the Delegated Powers and Regulatory Reform Committee both oppose clause 2.
• Labour remains disappointed that clause 2 has been reintroduced.
• Clause 2 grants extensive future law-making powers to the Executive.
• Amendments include a five-year sunset clause for clause 2.
• Private international law is crucial for business contracts, litigation after accidents abroad, family matters involving child abduction and alimony enforcement.
• Lugano and Hague are fundamental international agreements affecting many in the UK.
• The bill comes as a result of Brexit with approaching deadlines for legal agreements.
• The Bill involves parliamentary scrutiny of orders made pursuant to private international law treaties.
• A compromise has been reached regarding order-making powers after initial proposals faced significant opposition.
• The Minister introduced a five-year sunset clause for the orders, albeit renewable.
• The Bill allows for the seamless re-implementation of three Hague conventions (1996, 2005, 2007) and the timely implementation of the 2007 Lugano convention.
• Consultations will take place before extending powers or implementing any agreement, ensuring transparency and a thorough explanation to Parliament.
• The Bill aims to reduce differences in treatment for British citizens in different parts of the world.