| answer text |
<p>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.</p><p> </p><p>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.</p><p> </p><p>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.</p><p> </p><p>These issues are devolved to Scotland. I understand
the Scottish Government is considering its position.</p>
|
|
