"UK 'opt-outs' hit those who are vulnerable" says European Parliament Vice-President Wallis

3.40.40pm UTC (GMT +0000) Thu 13th Dec 2007

Speaking in the debate on the proposed Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, Diana Wallis MEP, a Vice-President of the European Parliament has said that the UK 'opt-outs' will hit those who are vulnerable.

Diana Wallis the draftsperson of the report on behalf of the Legal Affairs Committee said:

"This is one of those proposals that could make Europe a reality for those we serve; it really could add practical value at difficult times in their lives. I don't know how many times since I was elected that I have been contacted by constituents who have difficulties getting maintenance payments from a spouse or partner from whom they are separated and who is in another Member state. Too often and too often I have been powerless to offer the urgent help that they needed. With this Regulation in most circumstances we would be able to give a more positive practical answer.

"The UK opt out, or failure to opt in to this instrument is bad news for many EU nationals from other Member States now living in the UK and also bad news for many Brits whose partners move to another Member State or where they themselves have chosen to live in another Member State and their partner returns to the UK. Indeed there are all sorts of permutations where this will create chaos and confusion. Where people will be relegated to second class citizens; having only the delays and frustrations of the old system available to them

"These opt outs are democratically untenable and destructive of the coherence of an EU civil justice system. Pick and mix; opt in, opt out merely hits those who are vulnerable and in most need of the laws protection.

"What I also regret is the failure of the British government to appreciate the untenable position of British MEPs in these issues. Should we actually be working on, speaking on and most importantly voting on proposals that as things currently stand will have absolutely no application to those who have elected us. Others are beginning rightly to question the legitimacy of this position."

Notes:

The UK informed the Council on 27 April that it will not opt in the proposal, in accordance with a 1997 Protocol. It is incredibly disappointing and there is no clear evidence that the issues that might worry the UK could not be dealt within the legislative process, as will be the case for all other EU countries.

This is a potentially very detrimental move for many British citizens. For example, a British divorcee from a Maltese husband who was awarded maintenance payment for her children, living in the UK, has to apply for recognition of the judgment to the Maltese courts. This complex situation leads to a two step process and the mother may have to face a review of the judgment by the Maltese judges. The maintenance obligations Regulation would replace this costly, lengthy and potentially unfair procedure by a one step process only. Similarly, the Regulation would ensure that incoming judgments from other member states would benefit from this simplified procedure.