Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

This is a relatively straightforward motion. The Dáil and Seanad have referred it to the joint committee to seek the approval of both Houses to opt into the proposal for a recast of the Brussels IIa regulation to allow judicial co-operation in the EU in respect of cross-border matrimonial and parental responsibility and child abduction cases. It is a good regulation and contains provisions to determine which member states are responsible for divorce, custody and access proceedings. It ensures that judgments issued in one member state are recognised and enforced in another. It sets out a procedure to settle cases where a parent takes a child from a member state without the other parent's agreement. Cases like this will have been brought to many committee members' attention.

A network of central authorities deals with this matter. The Brussels IIa regulation applies only in cross-border cases within the EU and would not apply in cases where the members of a couple are Irish nationals who both are habitually resident in Ireland. It relates only to the procedural aspects of cross-border cases. Importantly, it does not affect substantive law, for example, the legal requirements for obtaining a divorce.

An analysis of the regulation has been conducted and a consultation process was undertaken. This is about quicker and simpler procedures in the context of an increasing number of EU cross-border custody cases as well as child abduction cases arising from marital breakdowns. The review is timely.

Article 20 proposes that a child who was capable of forming his or her view would be guaranteed an opportunity to express it in proceedings on custody, access and the return of children abducted by one of their parents. This is a welcome proposal, given that our Constitution now contains the provision that the view of the child should be heard in such proceedings.

There are a number of other articles, all of which are intended to ensure that processes in these difficult matters work across borders. The proposal will have some operational and resource implications for various bodies, including the central authority, the Legal Aid Board and the Courts Service. These will be examined as the negotiations on the proposal continue. It is a measure under Title V of Part 3 of the Treaty on the Functioning of the European Union. The legal basis is Article 81.3, which provides for a special legislative procedure for judicial co-operation in family matters.

I am of the view that we should opt into the discussions, which will maximise our ability to influence the final outcome. There are no policy reasons of a pressing nature that would suggest we should not opt in.