Delegated Powers and Law Reform Committee

Meeting date: Tuesday, February 5, 2019

Official Report 599KB pdf

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European Union (Withdrawal) Act 2018

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Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc) Regulations 2019 [Draft]

I welcome everyone to the fifth meeting in 2019 of the Delegated Powers and Law Reform Committee.

The first item of business is consideration of a Scottish statutory instrument that has been laid under the European Union (Withdrawal) Act 2018. We are considering the instrument under the SSI protocol, so we are looking at the scrutiny procedure under which it has been laid and the categorisation that the Scottish Government has applied to it. We will look at the technical aspects of the instrument at another meeting.

The instrument has been laid under the affirmative procedure. It relates to European Union legislation on family law and concerns cross-border family cases. The EU legislation provides EU-level rules about which member state’s court should have the authority to resolve a dispute.

The instrument has been categorised by the Scottish Government as being of medium significance. Our advisers indicate that the scrutiny procedure is appropriate, as is its categorisation, given that it has significant implications for people who are involved in cross-EU border family law disputes.

Do members have any comments?

Would it be possible to get some clarity on custody disputes involving individuals who live in different countries? I want to make sure that the instrument will have no unintended consequences and that the process will be mirrored across both the countries concerned.

Thank you. That is a very good point, which we can flag up to the lead committee. Are you content that we do that?

Yes—thank you.

Thank you for raising the issue.

Is the committee content that the appropriate scrutiny procedure has been applied to the instrument?

Members indicated agreement.

Is the committee content that the instrument is categorised as being of medium significance?

Members indicated agreement.

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INSPIRE (EU Exit) (Scotland) (Amendment) Regulations 2019 [Draft]

Agenda item 2 is consideration of another instrument that has been laid under the European Union (Withdrawal) Act 2018. The instrument, which has been laid under the affirmative procedure, has been categorised as being of low significance, and our advisers have raised no issues with that categorisation.

Do members have any comments?

Members: No.

Is the committee content that the instrument is categorised as being of low significance?

Members indicated agreement.