The Hague Abduction Convention

Part of the debate – in Westminster Hall at 4:44 pm on 10 March 2015.

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Photo of Mark Durkan Mark Durkan Shadow SDLP Spokesperson (International Development), Shadow SDLP Spokesperson (Work and Pensions), Shadow SDLP Spokesperson (Foreign and Commonwealth Affairs), Shadow SDLP Spokesperson (Home Affairs), Shadow SDLP Spokesperson (Justice), Shadow SDLP Spokesperson (Treasury) 4:44, 10 March 2015

As I was saying before the Division, I was prompted to introduce the debate by a number of issues and observations that have arisen from cases that have been shared with me by Foyle Women’s Aid—not all relate directly to people in my constituency, but all those involved have been using the support of Foyle Women’s Aid—and from some other cases.

I stress that at no point will I be questioning specific decisions in specific cases, nor will I be naming any of the people involved in the cases. That is partly because of the sensitivity of a current case, which I suppose has most prompted me to raise the issue. Just this week, a woman has had to return to Australia with her child, who was born in my constituency, on the basis of decisions that have been made following a case taken under The Hague convention.

I stress that I am not trying to involve the Minister in anything that would rightfully be within the purview of the devolved Department of Justice in Northern Ireland. Perhaps more importantly, I assure Ministers not just here, but in Northern Ireland, that in no way am I trying to second-guess any decision by any judge of the Northern Ireland courts. I want to be very clear that the Lord Chief Justice should have no concern with any of the aspects of the debate that I will raise here today. I do not believe that Members should use any forum of the House to try to second-guess or overturn decisions of judges or the courts.

Rather, the issues I want to raise today are about whether we as legislators need to give more consideration to The Hague convention as it stands, whether the 1985 Act is sufficient and whether additional light needs to be shed on the issue, given all the experience and understanding we now have in relation to the changes to family life and our understanding of it. There is also greater internationalisation of life now and far more complicated trans-jurisdictional arrangements are in place. Also, a more acute understanding has arisen as to the limited regard that different aspects of the law have had for key principles such as the best interests of the child. There is also the question whether the law is duly responsive to any evidence or allegations that arise about conditions of abuse that might have affected a child or that might affect a partner.