Robert Troy (Longford-Westmeath, Fianna Fail)
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205. To ask the Tánaiste and Minister for Justice and Equality to outline the status within law of the 2007 Hague Convention on the international recovery of child support and other forms of family maintenance and its protocol on the law applicable to maintenance obligations; and if he will make a statement on the matter. [53210/17]

Charles Flanagan (Laois, Fine Gael)
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The arrangements governing the recovery of maintenance within the EU are contained in Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations which has applied in full since 18 June 2011. Denmark participates in the jurisdiction, recognition and enforcement aspects of this Regulation by virtue of a separate agreement between that country and the EU and the provisions in the instrument relating to applicable law and cooperation between Central Authorities do not apply in relation to that Member State. The UK, which, unlike Ireland, opted into the Regulation after its adoption, also does not participate in the applicable law provisions.

The Maintenance Regulation explicitly provides that the law applicable to maintenance obligations is to be determined in accordance with the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations in the Member States bound by that instrument. The Hague Protocol was approved on behalf of the European Community (as it then was) pursuant to a Council Decision dated 30 November 2009 which further provided for the provisional application of that Protocol to maintenance claims in a Member State as and from 18 June 2011. As indicated above, however, neither Denmark nor the UK took part in that Decision and, therefore, were not bound by its terms.

The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance was approved on behalf of the European Union pursuant to a Council Decision dated 9 June 2011. Both Ireland and the United Kingdom took part in the adoption and application of that Decision.

The legislation dealing with certain aspects of the Convention is being developed but the need to address other legislative priorities of a pressing nature has resulted in delays in the progression of that development. It is hoped, however, that the preliminary work in relation to a draft Scheme will be brought to a conclusion early in 2018.