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Draft Law Applicable to Contractual Obligations and Non-contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019

Motion to consider. Agreed to on division (9 to 1).

Lead member

Lucy Frazer

Answering member

Yasmin Qureshi

Department

Ministry of Justice

Type

Debates on delegated legislation; Delegated Legislation Committee proceedings

Committee

Thirteenth Delegated Legislation Committee

Date

13 March 2019

House

House of Commons

Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations

Laid by

Secretary David Gauke

Department

Ministry of Justice

Type

Statutory instruments

Notes

Impact assessment laid on 14 March 2019

Date

11 February 2019

Reference

SI 2019/834; 2019/

House

House of Lords; House of Commons

Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations

Laid by

Secretary Lucy Frazer

Department

Ministry of Justice

Type

Proposed negative statutory instruments

Date

10 December 2018

Reference

2018/

House

House of Lords; House of Commons

Convention on the accession of Austria, Finland and Sweden to the Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial matters and to the protocol on its interpretation by the Court of Justice, with the adjustments made to them by the convention on the accession of Denmark, Ireland and the United Kingdom, by the convention on the accession of Greece and by the convention on the accession of Spain and Portugal (Brussels, 1996).(Previously Cm 3745)

Type

Treaties; Command papers

Date

17 May 2005

Reference

Cm 6549;Treaty 14(2005)

House

House of Commons

Contracts (Applicable Law) Act 1990 (Amendment) Order 2000;Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

Draft SIs on Contracts (Applicable Law) Act 1990 (amendment) and Civil Jurisdiction and Judgments Act 1982 (amendment). Lords debate on and motion to approve. Agreed to on question.

Lead member

Lord Bach

Answering member

Lord Brabazon of Tara

Department

Lord Chancellor's Department

Type

Debates on delegated legislation

Date

30 June 2000

Reference

614 c1263-7

House

House of Lords

Contracts (Applicable Law) Act 1990 (Amendment) Order 2000;Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

Draft SIs on the Civil Jurisdiction and Judgments Act 1982 (amendment) and the Contracts (Applicable Law) Act 1990 (amendment). Considered by Standing Committee. (Minutes of proceedings at UP 7 1999/2000).

Type

Debates on delegated legislation; Delegated Legislation Committee proceedings

Date

21 June 2000

Reference

2nd SC on DL

House

House of Commons

Civil Jurisdiction and Judgments Act 1982 (Amendment) Order 2000

Draft SI on Civil Jurisdiction and Judgments Act 1982 (Amendment). (Affirmative instrument). Approved by Parliament. Made 12 July 2000 (SI 2000/1824). Coming into force in accordance with article 1.

Department

Privy Council

Type

Statutory instruments

Notes

DEBATE;SC (2ND) 21 JUN 2000;LH 30 JUN 2000

Date

5 June 2000

Reference

SI 2000/1824

House

House of Commons; House of Lords

Dept of Trade and Industry

To ask the Secretary of State for Trade and Industry, what his policy is regarding the proposed revision of the Brussels Convention regarding cross-border consumer contract law; and if he will make a statement.

Asked by

Nick Gibb (Conservative)

Answering body

Department of Trade and Industry

Type

Written questions

Status

Answered

Date

1 November 1999

Reference

95923; 337 c23-4W;337 c23W

House

House of Commons

Williams of Mostyn, Lord

Statement on what was the outcome of the Justice and Home Affairs Council held in Brussels on 12 March. [HL 1650].

Asked by

Lord Graham of Edmonton (Labour)

Type

Written questions

Status

Answered

Date

22 March 1999

Reference

HL 1650; 598 c127-30WA

House

House of Lords

Home Office

Statement on the outcome of the Justice and Home Affairs Council held in Brussels on 12th March; and if he will make a statement.

Asked by

Jim Hood (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

12 March 1999

For answer on

22 March 1999

Answered on

22 March 1999

Mr. Hood: To ask the Secretary of State for the Home Department what was the outcome of the Justice and Home Affairs Council held in Brussels on 12 March; and if he will make a statement. [77249] Mr. Straw: My hon. Friends the Minister of State, Lord Chancellor's Department, the Parliamentary Under-Secretary of State for Home Affairs, my hon. Friend the Member for Vauxhall (Kate Hoey) and I represented the United Kingdom at the Council. The main matters dealt with were as follows: `A' points The Council agreed as `A' points, among other things: draft rules on the Europol pension fund; an extension of the mandate of the Europol Drugs Unit (EDU) management team; draft rules governing the transmission of personal data by Europol to third states and bodies; a report on the activities of EDU/Europol in 1998; and a Regulation determining those nationals of third countries who require a visa when crossing the external borders of the European Union. Europol: Preparation for taking up activities The Presidency sought information from individual member states on the progress they had made on agreeing the mandates for the appointment of Europol Directors, and on completing the exchange of bilateral notes with the Dutch Government which will govern the position of Europol Liaison Officers. The Presidency also reported the latest state of play concerning the draft rules of procedure to be adopted by Europol's Joint Supervisory Body. This matter will be considered again at the Justice and Home Affairs Council in May. On the issue of the extension of Europol's mandate to cover forgery of money and means of payment, the Presidency confirmed that Coreper would re-examine an outstanding issue relating to the legal definition of the term "forgery of money and means of payment". Eurodac The Council reached political agreement to freeze the text of the draft Protocol to the Eurodac Convention (adding illegal immigrants to the fingerprinting database for asylum seekers), pending the introduction of a First Pillar instrument after the coming into force of the Treaty of Amsterdam. It was noted that the opinion of the European Parliament on the draft Protocol was still outstanding and that a number of member states still had national Parliamentary scrutiny reservations. Convention on Mutual Legal Assistance in criminal matters The Presidency noted continuing reserves on issues relating to territorial application and data protection. One member state was urged to join agreement with the others on the "remote approach" to satellite network interceptions of telecommunications within the member states. In the absence of agreement, the Presidency concluded that this issue would go back to Coreper and the relevant working group. Effect of the transition from the Maastricht to the Amsterdam Treaty on civil law conventions The Council discussed opinions by the Commission and the Council Legal Services arguing that, after entry into force of the Amsterdam Treaty, ratification of the Brussels II and Service of Documents Conventions should be suspended as soon as Community instruments to replace them had been tabled. The Commission confirmed its intention to table replacement proposals reflecting exactly the content of the current conventions. The United Kingdom with support from another Member State took the position that suspending ratification as soon as the Commission tabled a proposal, rather than when the instrument was adopted by the Council, risked leaving a legal vacuum. The Presidency sought, and achieved, political agreement that member states should be free to continue the ratification process until any superseding Community instruments were adopted by the Council. Revision of the Brussels and Lugano Conventions The Presidency reported on the current state of play. They hoped to make swift progress on the negotiation and to ensure proper arrangements were made for the Lugano countries in the context of any Community instrument. The United Kingdom took the position that there were strong political and legal arguments for continuing to discuss revision of the Brussels Convention as a convention, and that freezing discussion would send the wrong signal to the non-European States concerned. Internal Market and Consumer Protection The Presidency reported on the current position in respect of draft Directives on late payments, electronic signatures, consumer guarantees and distance selling of financial services. Definition and integration of the Schengen Acquis Under this agenda heading, I announced the United Kingdom's intentions regarding future participation in the incorporated Schengen provisions, the Free Movement Chapter of the Treaty of Amsterdam, and Justice and Home Affairs matters generally. I made it clear that, while we would maintain our frontier controls in line with the Amsterdam Treaty Protocol, we wished to co-operate in all other Justice and Home Affairs areas which did not conflict with this objective, and notably police, customs and judicial co-operation in criminal matters. Other Business Asylum procedures The Commission introduced a paper on harmonised procedures and called for discussion in the coming months. The paper stresses the importance of balancing the efficiency of the asylum process with fairness to the applicant. The Commission will submit formal proposals after further consultations. The Ocalan case One member state welcomed the General Affairs Council Declaration of 22 February and said further work was needed to ensure respect for human rights and a fair trial for Ocalan, including the presence of international observers and avoidance of the death penalty. There was no discussion. Readmission clauses in association agreements There was a call for the Council to adopt a common position on the inclusion of a standard clause on readmission in all third country agreements. It was agreed that comments on this item would be passed to the General Affairs Council. Mutual recognition/access to justice I gave notice of the United Kingdom's intention to table two papers for the Council's attention, one dealing with mutual recognition of court decisions and judgments, the other with access to justice in civil matters. Second Protocol to the Customs Information System Convention This protocol was signed by members of the Council. Meeting with the Central and Eastern European countries (CEEs) and Cyprus In the afternoon, Justice and Home Affairs Ministers met their counterparts from the CEEs and Cyprus. There was an exchange of views between the CEEs and Cyprus, and European Union member states, on the adverse effects of corruption, and on the steps necessary to combat corruption in both the public and private sectors.

Date

22 March 1999

Reference

77249; 328 c23-6W

House

House of Commons

Deposited Paper HINF 98/1817

Texts of documents agreed and adopted at the Justice and Home Affairs Council in Brussels, 4th and 5th December 1997. HO. 1998.

Deposited by

Home Office

Type

Deposited papers

Date

2 October 1998

Reference

HINF 98/1817

Lord Chancellors Dept

Statement on on the impact of measures set out in COM (97) 609 on domestic law.

Asked by

Julian Brazier (Conservative)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

2 April 1998

Reference

37002; 309 c609W

House

House of Commons

Williams of Mostyn, Lord

Statement on the outcome of the Justice and Home Affairs Council held in Brussels on 4 and 5 December.

Asked by

Baroness Pitkeathley (Labour)

Type

Written questions

Status

Answered

Date

12 January 1998

Reference

584 c168-70WA

House

House of Lords

Home Office

Statement on the outcome of the Justice and Home Affairs Council held in Brussels on 4th and 5th December.

Asked by

Baroness Stuart of Edgbaston (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

19 December 1997

For answer on

22 December 1997

Answered on

22 December 1997

Ms Stuart: To ask the Secretary of State for the Home Department if he will make a statement on the outcome of the Justice and Home Affairs Council held in Brussels on 4 and 5 December. [22440] Mr. Straw: My hon. Friend and I represented the United Kingdom at the Council, together with my hon. Friend the Parliamentary Secretary, Lord Chancellor's Department. The main matters dealt with were as follows: The Council agreed as "A" points, among other things, a resolution on marriages of convenience, the organisation of future work on revising the Brussels and Lugano Conventions on recognition and enforcement of judgments in matrimonial, civil and commercial matters, and a joint action on a mechanism for evaluation of the fight against organised crime. Several regulations relating to Europol were also agreed, dealing with its computer system, its budget for 1998 and its relationship with third countries and international organisations. Political agreement was reached on a text of the "Brussels II" Convention on jurisdiction, recognition and enforcement of judgments in family matters. The Convention will enhance procedures for the recognition of marriages, divorces and adoptions within the European Union. The text will now be considered further, taking into account any views expressed by the European Parliament, with a view to signature of the Convention by June 1998. The scope of the draft Convention on mutual legal assistance in criminal matters was discussed. This Convention covers the giving and receiving of assistance and evidence during criminal investigations and prosecutions. The Council agreed that the Convention would not contain provisions on cross-border investigation techniques, which could be the subject of a separate Protocol, along with provisions on search and seizure. Initial negotiations on the terms of the Protocol could begin under the United Kingdom Presidency, before the Convention itself was finalised. Discussion on the draft convention on enforcement of driving disqualifications revealed that a number of member states had unresolved problems which required further work. Progress on the Action Plan on Organised Crime was noted. Two elements in particular were touched on: finalisation of the Naples II Convention on mutual assistance and co-operation between customs administrations, which is due to be signed before the end of the year, and ratification by all member states of the Europol Convention, which is on course for early 1998. The Council took stock of the position reached on the draft joint action to establish a European judicial network, which seeks to improve the effectiveness and efficiency of current arrangements for requesting and granting mutual legal assistance through a network of contact points. It was agreed that member states would notify the Council informally of the contact points which they intended to nominate, pending a decision at the next meeting of the Justice and Home Affairs Council in March 1998. Some progress was made on the draft joint action on making it a criminal offence to participate in a criminal organisation. A number of difficulties still remain, particularly concerning the definition of the conduct to be criminalised. The joint action was remitted to the Committee of Permanent Representatives for further work. The Council agreed a draft joint action establishing a funding programme for training, visits and exchanges in the fight against organised crime (the FALCONE programme). The Council also approved a report on organised crime in the European Union in 1996, for submission to the European Council. The Council took stock of the position reached on a draft resolution on a strategic action plan for customs co-operation in the Third Pillar. In the absence of agreement on the territorial application of the resolution, the Council instructed the Committee of Permanent Representatives to find a solution. The Council approved a report on the internal and external threat from terrorism, for submission to the European Council; took note of a draft report to the European council on drugs; and approved a report for the European Council on implementation of the joint action of December 1996 on approximation of laws and practices to combat drugs. The Council agreed in principle to amend the definition in the Europol Convention of "trafficking in human beings" so as to include trafficking in the child pornography. This was necessary to enable the Europol Drugs Unit to collect and analyse data on the subject. At the request of one member state, the K4 Committee was instructed to ensure that Europol's remit was extended to cover terrorism as soon as possible, and at latest within two years of Europol beginning its work. The Council agreed that a further action plan should be drawn up making specific proposals for countering a recent increase in illegal immigration from Iraq. Justice and Interior Ministers would take stock of progress when they met informally in Birmingham at the end of January. The Council discussed the draft EURODAC Convention for exchange and comparison of the fingerprints of asylum seekers. Agreement was reached in principle on some outstanding questions concerning the storage and erasure of data under the Convention. The working group will now begin drawing up the technical specifications for the system. The Council also discussed a draft joint action establishing a programme for training, exchanges and co-operation in the fields of immigration, asylum and the crossing of external frontiers (the Odysseus programme). In the absence of agreement on the provisions concerning crossing of external frontiers, the Council remitted the issue to the Committee of Permanent Representatives for further consideration. The Council held meetings, as part of the Structured Dialogue, with Ministers of the associated Central and Eastern European countries (CEEs) and, separately, with Cyprus. Discussion with the CEEs centred on mutual legal assistance, particularly in the areas of extradition, money laundering and the Lugano Convention on jurisdiction and enforcement of judgements in civil and commercial matters. The question of illegal immigration from Iraq was also raised, as well as asylum matters. In the meeting with Cyprus, Ministers from Cyprus set out the measures that it had taken to combat money laundering and described the position in Cyprus with regard to illegal immigration and Iraqi refugees. At the Council, the Luxembourg Presidency hosted an informal joint lunch of Justice and Health Ministers to exchange views on drugs matters. The discussion highlighted the range of measures currently taken within member states to combat drugs abuse and the value to be obtained from the exchange of information and ideas.

Date

22 December 1997

Reference

303 c564-6W; 22440

House

House of Commons

Convention on accession of Austria, Finland and Sweden to the Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters and to the protocol on its interpretation by Court of Justice with adjustments made to them by convention on accession of Denmark, Ireland and UK, and adjustments made to them by convention on accession of Greece and by convention on accession of Spain and Portugal (Brussels 1996).

Type

Treaties; Command papers

Notes

Received 28.8.97

Date

27 August 1997

Reference

Cm 3745;European Communities 11 (1997)

House

House of Commons

Brussels II: the draft Convention on Jurisdiction, Recognition and Enforcement of Judgments in Matrimonial Matters. European Communities Select Committee (HL) fifth report with evidence.

Type

Select Committee reports; House of Lords papers; Parliamentary committees

Committee

European Communities Committee

Notes

Received 30.07.97

Date

22 July 1997

Reference

HL 19 1997/98

House

House of Lords

Civil Jurisdiction and Judgements Act 1982 (Interim Relief) Order 1997

SI 1997/302 (Negative instrument). Coming into force 1 April 1997.

Department

Privy Council

Type

Statutory instruments

Date

24 February 1997

Reference

SI 1997/302

House

House of Commons; House of Lords

Prime Minister

What matters were agreed in principle at the European Council in Brussels on 10th to 11th December concerning home and justice affairs; when such matters were debated in the House, or any of its Standing Committees; and when he expects publication of conventions of the European Union incorporating these matters....

Asked by

Nigel Spearing (Labour)

Answering body

Prime Minister

Type

Written questions

Status

Answered

Date

17 December 1993

Reference

234 c959W;234 c955W

House

House of Commons

Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters (Lugano 1988) (Previously Cm 1362).

Type

Treaties; Command papers

Notes

Received 05.08.92

Date

5 August 1992

Reference

Cm 2009;Treaty 53 (1992)

House

House of Commons

Convention on accession of Spain & Portugal to the Convention on Jurisdiction & Enforcement of Judgements in Civil & Commercial Matters & to Protocal on its interpretation by Court of Justice with Adjustments made to them by Convention on Accession of Denmark, Ireland & UK, & Adjustments made to them by Convention on Accession of Greece with Joint Declaration. (Donostia-San Sebastian 1989). (Previously Cm 1438). (Replaces Cm 1839 which was published in March 1992 but never laid).

Type

Treaties; Command papers

Notes

Received 12.05.92

Date

11 May 1992

Reference

Cm 1957;Treaty 20 (1992)

House

House of Commons

Librarians' tools

Type

House

Session

Year

Department

Member

Primary member

Answering member

Legislative stage

Legislation

Subject

Publisher