My Lords, I broadly welcome this measure and that the Government has in this case taken a humane approach and decided unilaterally to accord recognition to the question of reciprocity, other than the state’s protective measures for the safety of parties, particularly for domestic proceedings and vulnerable citizens. We understand the limited exceptions where such measures being enforced here would be manifestly contrary to public policy or inconsistent with a subsisting United Kingdom judgment.
However, I take the opening point made by the noble and learned Lord that it is important to consider what can be negotiated. What contact has there been at Secretary of State level to see whether some reciprocity of consideration could be given to enforcing protective measures granted by United Kingdom courts in the rest of Europe? Why was that not done a great deal of time ago and outside the context of the other negotiations?
I do not agree with the point made by the noble Lord, Lord Beecham, that we should worry about the cost in the United Kingdom of enforcing protective measures from other member states which we have agreed humanely to enforce. That is a he cost we have to absorb. In areas such as this, I believe that accepting that a degree of reciprocity is not essential to achieving a satisfactory outcome for both sides is helpful. I hope that we will get unilateral action the other way in due course. It will certainly make negotiation a great deal easier.