Mutual Recognition of Protection Measures in Civil Matters

Lord Clarke of Nottingham Excerpts

Thursday 15th September 2011 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the coalition agreement with regard to EU justice and home affairs measures.

In accordance with the coalition agreement, the Government have said they will approach forthcoming legislation in the area of criminal justice on a case-by-case basis, with a view to maximising our country’s security, protecting Britain’s civil liberties and preserving the integrity of our criminal justice system

The draft regulation will benefit vulnerable people in Britain who may now feel more confident to travel within the EU due to greater protection. The draft regulation provides a quick and efficient mechanism. It aims to avoid those needing protection having to go through time-consuming court procedures and giving evidence on the same matters in another member state in order to get the protection they need.

The draft regulation covers “civil matters” and follows on from the draft directive on the European protection order which covers “criminal matters” which the UK has also opted into. The two separate instruments are intended to complement each other so that as many protection orders as possible are covered despite the differences in member states’ systems.