Draft Private International Law (Implementation of Agreements) Act 2020 (Extension of Operative Period) Regulations 2025

Kieran Mullan Excerpts

Tuesday 28th October 2025 General Committees

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Ms Jardine.

As the Minister outlined, the regulations extend the period during which Ministers can use powers under the Private International Law (Implementation of Agreements) Act 2020. The Act allows the Government to implement international agreements on private international law through secondary legislation, rather than by bringing forward new primary legislation each time. Private international law deals with cross-border legal issues, such as which country’s courts can hear a case, which country’s laws apply, and how judgments made in one country can be recognised and enforced in another. It affects families, businesses and individuals alike, helping to provide certainty and clarity when disputes span different jurisdictions.

The Act was introduced by the previous Government as part of the UK’s post-Brexit legal framework. After we left the EU, many of the reciprocal arrangements we had previously participated in stopped applying automatically. The Act therefore provided a mechanism to fill those gaps quickly and efficiently, ensuring that the UK could continue to enter into and implement international agreements that support co-operation in civil and commercial matters.

It was recognised at the time that giving Ministers the ability to implement such agreements through secondary legislation raised important constitutional questions. As a result, Parliament agreed to include the safeguard that the powers would expire after five years unless extended by further parliamentary approval. That is the purpose of the regulations: to extend these powers until December 2030. My understanding is that since the Act came into force, the powers have been used only twice, and I am assured that both instances appear to have been straightforward and to have received broad cross-party support. That limited use reflects the narrow scope and careful oversight that Parliament intended.

Extending the powers will ensure that the Government can continue to give effect to new international agreements in this area without unnecessary delay or legal gaps. It will also maintain the UK’s credibility as a reliable partner in international legal co-operation, giving confidence to those we negotiate with that we have the tools to implement our treaty commitments effectively. However, transparency will help to maintain confidence that the powers will continue to be exercised proportionately and only when necessary, so I have a couple of questions for the Minister.

The Minister mentioned a number of future intended uses, including the Singapore agreement and two UN-related trade agreements. Are there any other agreements on the horizon that the Government intend to use this mechanism for? He also mentioned that the majority of consultees were happy with how things had been promoted to date, which suggests that some people were not. Could he perhaps outline examples of where there have been misgivings about the use of the legislation?