[Sir Alan Haselhurst in the Chair] — Clause 1 — Incorporation of provisions of the Treaty of Nice

Part of Orders of the Day — European Communities (Amendment) Bill — 1st Allotted Day – in the House of Commons at 6:00 pm on 11 July 2001.

Alert me about debates like this

Photo of Bill Cash Bill Cash Conservative, Stone 6:00, 11 July 2001

I am afraid that I have been diverted by the eloquence of Ms Stuart, which is difficult to resist.

Having said that, I shall now speak to amendment No. 233, which I tabled, and which deals with child abduction. I am jumping into that amendment, but I want to deal with other amendments, and I shall do so as quickly as I possibly can. Child abduction is a horrifying business, so much so that, notwithstanding the fact that I wish to see the EU framework renegotiated, it warrants the application of QMV to that aspect of family law that deals with it.

Many hon. Members will know that the wife of our ambassador to the United States, Lady Meyer, has children who were taken from her by her husband. They have not been returned to her, primarily because the German courts will not allow it. Indeed, the problem seems to be peculiar to the German jurisdiction. I have not the time to go into every detail, but Germany and Austria are primarily involved because their laws effectively prohibit the return of children who have been abducted by their natural parents in the EU.

The number of cases of abduction has increased every year. According to the Belgian Ministry of Justice, 221 children were abducted from Belgium in 1998, and 562 in 2000. In France, a fourfold increase in abductions was recorded between 1997 and today. That is pretty horrendous stuff. As far as I am aware, none of the parents—who are mostly American and French, but some are British—has been able to regain access to their children if they are held in Germany. I shall send the Minister details of two particularly difficult cases.

In one case, the gentleman concerned has managed to see his children for only a few hours since he finally traced them seven years ago. In another, an Australian lady is unable to get her daughter back from Germany although the German father died last October. She has seen her for only a few hours in the presence of the social services youth authority, the Jugendamnt, and the grandparents are suing for custody.

A Franco-American father, Maurice Elfeke, recently went to Germany when he heard that his children's name was going to be changed without his consent. They were abducted two years ago and since then he has had no contact whatsoever. He was arrested last week and put in jail because he sprayed his mother-in-law's garden with black paint. He is now on hunger strike in jail and several parents will meet in Berlin on 14 July for a hunger strike demonstration. Lady Meyer saw her sons for 10 minutes outside a court room in 2000, has no access rights and has managed to see them for 25 hours in total.

A Franco-German commission has been established, but it has produced no results. A US-German Commission was established last year at the behest of President Clinton. The proposed reforms have been backed by Hillary Clinton and, most recently, Colin Powell. Although the initiatives have not resolved a single case, the main problem is the lack of enforcement of orders in Germany, Austria and, I believe, Sweden.

The French have produced proposals for the recognition and enforcement of actions and the International Centre for Missing and Exploited Children has been set up to protect children. The problem is serious. The ICMEC is preparing a written paper, which I can supply to the Minister, and in early September the European Commission will present the draft regulation. The main problem is that although justice and home affairs have moved to the first pillar, unanimity is still required in family law. We have the European Court of Justice and I hope that the Committee will understand why, in such exceptional circumstances, it is essential to change the law in the interests of those children and their parents. The Prime Minister's wife is also deeply engaged in the problem. She understands it and gives full support to those who advocate change.

This is not the first time that I have taken a slightly unusual view. As a realist, I put the interests of those children and their parents ahead of any other concerns. It might be best to change The Hague convention. Failing that, we need to change the qualified majority vote. I intend to press the amendment to a vote. I want to know what the Government are going to do about those children and their parents. There is enough time before we finish our deliberations on Wednesday for the Minister to give my concerns careful consideration.