Skip to main content

Protection: Court Orders

Question for Ministry of Justice

UIN HL9887, tabled on 2 November 2020

To ask Her Majesty's Government what plans they have to adopt the European Union Protection Measures Regulation (606/2013) into domestic law.

Answered on

12 November 2020

The Withdrawal Agreement negotiated by the Government ensures the EU ‘Protection Measures Regulation’ (606/2013) will continue to apply to protection measures in both the UK and EU Member States where a certificate is issued before the end of the transition period.

In relation to protection measures where certificates are issued after the end of the transition period, the Mutual Recognition of Protection Measures in Civil Matters (Amendment) (EU Exit) Regulations 2019 (SI 493 of 2019) provides that an incoming protection measure from an EU Member State shall continue to be recognised and will be enforceable in England and Wales and Northern Ireland.

However, the instrument also removes the ability for the courts of England and Wales and Northern Ireland to issue an outgoing certificate, which is required for recognition and enforcement in an EU Member State under the Protection Measures Regulation. This is because we cannot legislate unilaterally to restore the reciprocity of approach, without which the court of an EU Member State could simply ignore protection measures issued by courts in the UK.

These issues are devolved to Scotland. I understand the Scottish Government is considering its position.