Documents to download

The Private International Law (Implementation of Agreements) Bill [HL] is a government bill, promoted by the Ministry of Justice. It was introduced in the House of Lords on 27 February 2020 and is scheduled to receive its second reading on 17 March 2020.

Private international law (PIL) consists of the principles and rules for dealing with certain cross-border legal disputes. Countries may enter into international PIL agreements, for example to:

  • ensure reciprocal treatment;
  • avoid parallel legal proceedings and conflicting decisions for private litigants; and
  • streamline cross-border cooperation. 

The UK has entered into PIL agreements in its own right in the past, but in recent decades has also done so through its membership of the EU. The EU’s PIL framework will continue to apply to the UK during the transition period, but the arrangements that will apply after this are yet to be determined.

The bill has two key functions relating to PIL:

  • It would provide for the implementation in domestic law of certain “vital” conventions to which the Government wishes the UK to continue to be bound after the end of the transition period. This is to ensure continuity and for the continued benefit of individuals, families and businesses. These are the 1996, 2005 and 2007 Hague conventions.
  • The bill would also provide a mechanism for the implementation in domestic law of future PIL agreements to which the UK will be a party in its own right. This would be via secondary legislation. The Government has said that the delegated powers in the bill would only be used to implement agreements to which Parliament had already agreed through the scrutiny process set out in the Constitutional Reform and Governance Act 2010.

Documents to download

Related posts

  • Human rights concerns in India

    For several years, concerns have been raised by international governments and human rights organisations about alleged human rights violations in India. Concerns include the protection of religious minorities in the country. India has disputed the allegations, reiterating its commitment to human rights. This article looks at some of those incidences, as well as concerns raised by human rights organisations.

    Human rights concerns in India
  • Police, Crime, Sentencing and Courts Bill

    The Police, Crime, Sentencing and Courts Bill is a wide-ranging piece of legislation that would make changes across the criminal justice system. This briefing considers: the background to the bill; what it would do; and what happened during its passage through the House of Commons.

    Police, Crime, Sentencing and Courts Bill
  • EU Committee Report: future UK–EU relationship on professional and business services

    In October 2020, the House of Lords European Union Committee published a report into the future of the UK-EU relationship on professional and business services. It argued the UK’s professional and business services sector potentially could be damaged by the establishment of new barriers to trade at the end of the transition period on 1 January 2021. The report recommended the Government needed to do more to support the sector.

    EU Committee Report: future UK–EU relationship on professional and business services