Diana - 'disappointed by UK government on Wills and Succession'

1.21.05pm GMT Fri 5th Feb 2010

Speaking at a recent meeting of the European Parliament's Legal Affairs Committee, MEP Diana Wallis raised directly the uncomfortable issue of the UK's now repeated use of the opt out in civil justice matters.

Ms. Wallis, the Liberal group's spokesperson on Legal Affairs said, "I am hugely disappointed that the UK government decided to signal its intention not to opt into the instrument on Wills and Succession, particularly that the announcement was made some six weeks before the end of the period available. This at a time when professional organisations, like the Law Society, and probate practitioners expected further consultation. The whole process is unclear."

Ms. Wallis posed the question directly to her parliamentary colleagues from other Members States asking them about her continued involvement in the legislative process for a piece of law that would not affect her constituents except in the sense that they would be excluded from it.

She said, " I am my European political group's spokesperson on this issue (shadow rapporteur) and would normally have considerable influence in that role to promote the common law position and influence the legislation, but how do you all feel about my continued involvement in the face of the UK Government opt out?"

Whilst generally supportive, the real conundrum was put by the Kurt Lechner German MEP the 'rapporteur' of the report, who asked what would happen if there was a division at first reading and the critical vote came from Wallis. That indeed would raise an interesting question of legitimacy!

Ms. Wallis commented afterwards: "The biggest losers from this will be the many British people who own holiday homes or other property in other EU countries and also the many EU citizens living in Britain with property. They all will be excluded from benefiting from a simple one step European Certificate of Inheritance."