Proceeding contribution from Lord Bach (Labour) in the House of Lords on Tuesday, 15 December 2009. It occurred during Debates on delegated legislation on European Communities (Definition of Treaties) (1996 Hague Convention on Protection of Children etc.) Order 2009.
European Communities (Definition of Treaties) (1996 Hague Convention on Protection of Children etc.) Order 2009
I am grateful to the noble Baroness and the noble Lord who have spoken for their support for this measure. On the question of what steps other member states have taken, seven already ratified in 2001. Interestingly, some of them were not members of the European Union, so they ratified before they became members. I am advised that a number are ready to proceed and approximately 11, including us, have proceedings taking place in national parliaments. What steps is the UK taking to implement this? The enabling measure will allow us to use the powers in Section 2(2) of the 1972 Act to ensure that the treaty has the force of law and implements the necessary arrangements. The noble Baroness asked what the impact would be on UK law. Brussels 2a, which I referred to in my opening, will primarily control jurisdiction and enforcement within the European Union, but the 1996 Hague convention that we are debating today will do a similar job for the UK between other contracting states, which may not necessarily be members of the EU. It will not have an internal effect except in a few circumstances where Brussels 2 does not apply. I have a feeling that my answer is not complete, though. The 1996 convention will also introduce applicable law to the United Kingdom. I hope that that goes some way towards answering the noble Baroness’s questions. Motion agreed.
Secondary information
- Type
- Proceeding contribution
- Reference
- 715 c127-8GC
- Session
- 2009-10
- Chamber / Committee
- House of Lords Grand Committee
- Subjects
- Children EU law International cooperation EU justice and home affairs Protection Treaties
- Legislation
- European Communities (Definition of Treaties) (1996 Hague Convention on Protection of Children etc.) Order 2010
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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