Intentional Unauthorised Development
Debate between Oliver Heald and Jim Shannon(4 years, 9 months ago)
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Sir Oliver Heald (North East Hertfordshire) (Con)
In my constituency of North East Hertfordshire, there have recently been intentional unauthorised developments of caravan sites on land bought by Travellers. This is becoming more common nationally and has been increasing locally.
It is important that the rule of law is upheld. To local residents who abide by the law, it just seems wrong that planning law can be flouted and treated with disdain. If planning permission is needed, it should be applied for in advance. My constituents are concerned that there should be a level playing field for the planning system. Unauthorised sites are frequently a source of tension between the travelling and settled communities. Although councils have some powers to deal with unauthorised sites, deliberate unauthorised development remains a significant issue.
In July 2018, there were 3,093 caravans on unauthorised sites nationally, of which 2,149 were on land bought by Travellers. The number of caravans on unauthorised sites increased by 17% between July 2017 and July 2018. So, what is going on? In a typical case, it seems that a Traveller will buy land where there would be little or no prospect of someone obtaining planning permission for a home. In my constituency, examples have included land in the green belt and land in a conservation area—I believe that all the sites were ones where planning permission to build a house or to develop a business had previously been refused.
On some occasions, on the Friday evening of a bank holiday a fleet of lorries, caravans and building equipment has arrived on a site, and people have started to lay internal roads and hard standing on the site without planning permission. In some instances, children are brought on to sites. This could be coincidental, or it could be designed to be used in later legal proceedings to demonstrate a family life for Human Rights Act purposes. Where notices are served by the council for enforcement or an injunction, they are ignored. As council enforcement proceeds, with a good deal of development already on site, applications are made for retrospective planning permission.
Jim Shannon (Strangford) (DUP)
I have a deep interest in planning matters and am perturbed to hear what the right hon. and learned Gentleman has said. Does he agree that the purpose of the planning system is to ensure that there is protection for the environment and neighbourhoods, and that planners need to work with developers or potential developers to find a way forward? If no such way is found, swift and firm action must be taken by local councils and, ultimately, by the judiciary.
Sir Oliver Heald
I accept that point. It seems to me that we are trying to have an orderly planning system on which people can rely as a level playing field, equal for all. If the planning system is not enforced, we end up with a system that can be railroaded, which is in effect what is happening.
As I was saying, as council enforcement proceeds, with a good deal of development already on site, retrospective planning permission is applied for. The process is delayed, with the inevitable inertia of court or planning inquiry proceedings, and the scope for applications for adjournments, so months can pass into years. Perhaps a personal permission is eventually obtained on appeal. Then, I am told, more unauthorised development might take place for a family member here or a living room there. Over a period of years, the initial failure to apply for planning permission has been rewarded with a full caravan site. That might help to explain why the number of caravans on unauthorised sites has increased by 17% in the past year.
If a site is intentionally developed without permission, should it not be put back into the state that it was in before, and then a planning application could be made? Should not the enforcement notices all be followed, and then, from the position of anybody else applying in advance, we should have that proper process?
Grandparents' Rights: Access to Grandchildren
Debate between Oliver Heald and Jim Shannon(7 years ago)
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The Minister for Courts and Justice (Sir Oliver Heald)
We have had a very constructive, warm-hearted debate. I think we all found it moving to hear the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Solihull (Julian Knight) talk about the love they feel for their grandchildren and the very special role that grandparents can play. The hon. Member for Bolton South East (Yasmin Qureshi) talked about her grandmother telling her mother off and what fun that was. I think we all recognise that. Extended family life is important to all of us.
The hon. Member for Strangford made a good point about mediation. I did some family law cases as a barrister, and I have often thought that mediation can lead to the settlement of a family dispute or the breakdown of a relationship with less confrontation and heartache for everybody involved, so I think that was a very wise point. Comments were made about the pain of family breakdown and the court hearing. All of that is very well taken.
I cannot make any announcements today because we are in purdah, but I have previously said that, assuming the electorate allow it, we will introduce a Green Paper later in the year on family justice, which will provide the opportunity to look at these issues and a number of others that hon. Members touched on. Having said all that, I congratulate my hon. Friend the Member for Northampton South (David Mackintosh) on securing this debate on an issue that is vital and, as he said, complex. It is a pleasure to serve under your chairmanship, Mr Streeter.
The sorts of experiences that we are discussing—heart-breaking stories, as my hon. Friend put it—were recognised at his meeting with GranPart in Northampton, an organisation in which I know he takes a particular interest, as well as talking to his constituents more generally about the issue. We heard from my hon. Friend the Member for Eastbourne (Caroline Ansell) what constituents have told her about the issue. I agree with my hon. Friend the Member for Hendon (Dr Offord), who said that he has a strong support group in his constituency, that children should not be used as weapons.
I am sure that most children see their grandparents as important figures in their life and benefit tremendously from a positive relationship with them. For many children, loving relationships with grandparents enrich family life. As was mentioned, grandparents often play a key role in the raising of their grandchildren, particularly with so many parents at work these days, and I recognise that grandparents can be a great source of stability for children when parents decide to separate. They can provide a sense of continuity in traumatic circumstances at a time when children are fragile. Sometimes, when parents are unable to meet their children’s needs, grandparents can take on full responsibility for their care.
After parental separation, in many cases, grandparents continue to enjoy relationships with their grandchildren, although the circumstances are obviously different as the parents live apart. However, there are some cases in which grandparents are prevented from seeing their children, with no good reason. The Government recognise the immense distress caused to grandparents and children when parents separate. In such difficult circumstances, which are similar to bereavement, children often feel a greater sense of loss: they have lost not only a parent, but grandparents too. I am sure that some hon. Members and hon. Friends who have spoken in this debate will recognise such scenarios from the constituency experiences that they have described.
High-conflict cases involving disputes over children can have an impact on those children. Parents can end up viewing grandparents as being on the other party’s side, which can become a barrier to their continued involvement in their grandchildren’s lives. Grandparents, too, can be tempted to see the other parent as the enemy because they feel that their son or daughter has been wronged. That is part of the difficulty, unpleasantness, hurt and distress of a break-up, and such feelings of hurt are fully understandable, but if the children are exposed to that sort of adult conflict, it is damaging for them. That is why the current law does not provide for any automatic decisions, but gives the court great flexibility.
On grandparents in private law disputes, when grandparents’ informal attempts to secure ongoing involvement in their grandchildren’s lives fail, they have the option of asking the court to intervene. They might not want to; as my hon. Friend the Member for Eastbourne said, they might feel that there has been enough hurt and distress in the family without going to court and facing it all again. The Children Act 1989 includes arrangements that help grandparents to re-establish relationships with their grandchildren when things go wrong, but a court process is involved. Family courts can make a child arrangements order to determine with whom a child is to live, spend time or otherwise have contact, and when and where such arrangements are to take place.
A child arrangements order will usually provide for direct face-to-face contact, such as long or short visits and overnight stays where appropriate. It may also provide for the child to have no contact with a person or specify that that contact is to be indirect, through emails, telephone calls, letters or cards. There is a lot of flexibility in the court’s powers to make a child arrangements order, but the welfare of the child is the paramount consideration when the court considers any matter that relates to their upbringing. That is in contrast to any perceived rights of any adult family members.
Whether the court will order that a grandparent should have involvement in a child’s life will depend on a number of factors. Where one or both parents oppose such involvement, the court will apply the factors in the welfare checklist in section 1 of the 1989 Act. It may ask the Children and Family Court Advisory and Support Service to produce a welfare report on the beneficial impact of grandparent involvement and on any risks of harm from ongoing parental opposition to such involvement and from the exposure of the child to the resulting conflict. That report may include the ascertainable wishes and feelings of the child; obviously, the older the child is, the more important those are considered to be.
It is open to anyone, including a grandparent or other family member, to apply for a child arrangements order. However, the situation is not the same as that for parents; as has been said, grandparents and other family members usually need to obtain the permission of the court before proceedings can begin. This may appear to be an extra hurdle, but experience suggests that grandparents do not usually experience any difficulty in obtaining permission if their application is really about the interests of the child. Permission to apply may be sought at the same time as making the application itself, just by ticking a box—there is no extra fee, process, or hearing.
The leave requirement is designed not as an obstacle, but as a filter. The idea is to sift out applications that are not in the child’s best interests, such as vexatious applications. I reassure hon. Members that the law sets out clear objective criteria for the court to determine these issues. There are exceptions; not every case requires leave. In certain circumstances, grandparents do not have to apply for permission. Under section 10(5) of the 1989 Act, a grandparent may automatically be entitled to apply for a child arrangements order if
“the child has lived for…at least three years”
with them; the three-year period
“need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.”
A grandparent may also apply under section 10(5) if they have the consent of both the parents or
“the consent of each of the persons named”
in an existing child arrangements order, in which case there is no need to obtain leave to apply.
Jim Shannon
I referred to the fact that many grandparents look after their grandchildren when they are out of school and the parents are working. Has the Minister had a chance to consider whether the childminding that grandparents do could be part of the solution that we are trying to find? If the grandparents are making a constructive contribution, such as by childminding, will the Government look at whether we can use that as a method of coming to an agreement?
Sir Oliver Heald
That is certainly an interesting thought. Of course, I cannot say what the next Government will do. As the hon. Gentleman knows, we are in the funny—well, the important and democratic—period of seeking re-election. [Interruption.] Very, very important, yes. We must not take the electorate for granted, and one Parliament cannot bind another, but if the Green Paper process goes ahead, which I hope it will, all these issues can be looked at in that context. A history of having minded the child in the way that the hon. Gentleman mentioned is an important factor.
I think we would all agree that disputes over children can be very complex—a point made by my hon. Friend the Member for Northampton South. Parental disputes over children can also affect wider family relationships, and the relationship between the children and their significant relatives can be vulnerable to an unpleasant breakdown involving a lot of distress. No one would want to rekindle distress or make it worse for the child.
Research has provided some insights. A study funded by the Nuffield Foundation, a charity that aims to improve social well-being, gives some insights into how easy it can be for wider family members to become embroiled in conflicts over children. The study was of 197 case files from county courts in England and Wales in 2011, and its primary aims were to understand the detail of different types of childcare arrangements set up during litigation at county court level and to shed some light on how the different types of county court orders then in existence were used and understood. Some 12% of the cases examined were not disputes between parents but involved non-parents, such as grandparents or other relatives who were caring for the children, and three of the cases concerned applications from grandparents to have contact.
Although the sample size was small, the findings shed light on how some grandparents can become directly involved in conflicts that can negatively influence their grandchildren. The findings also demonstrate the considerable lengths to which the court will go to facilitate a child’s involvement with their grandparents, and the court’s difficult task of weighing up the benefits and risks of such contact. I think we would all agree that the principle of grandparents being part of a child’s life is a very important one, and the research shows that the courts take it seriously too.
I will say something about public law cases because grandparents play an important role in them. It is a principle of the 1989 Act that local authorities should support the upbringing of a child by their family wherever possible, if it is the most appropriate way to safeguard the child’s welfare. Local authorities can apply to the court for a care order when they believe that a child has suffered or is likely to suffer risk of significant harm. The care order allows the authority to take over the welfare of the child. Local authorities must seek to give preference to placing looked-after children with wider family members first, if it is not possible to return them to the birth family and, if that is not possible, with a friend or another person connected with them. The court can appoint a special guardian as a permanent alternative to long-term foster care or adoption, and that is often a family member such as a grandparent, or a friend.
In conclusion, the courts recognise the importance of children maintaining relationships with their grandparents following parental separation. Family courts are cognisant of that when considering applications relating to child arrangements. However, such cases are not straightforward, given the tensions and ongoing conflict that can often arise when parents separate, and for that reason, as I am sure hon. Members will agree, the welfare of the children must continue to be the paramount concern.
We have had a good debate and some good points have been made. If the Green Paper process goes ahead, as I hope it will, there will be an opportunity for us to consider the matter more fully and for organisations that have particular viewpoints to make a contributions.
Oral Answers to Questions
Debate between Oliver Heald and Jim Shannon(7 years, 1 month ago)
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Sir Oliver Heald
Yes. The Government are keen to change the way in which the courts work to make them not just the best in the world but the most modern. This involves new procedures that use online technology—virtual hearings for some small matters and so on. The overall effect is to improve access to justice and improve life for litigants in person. We also have a special strategy for litigants in person, which helps them.
Jim Shannon (Strangford) (DUP)
It is very important that we keep insurance premium payments low. However, there is also a need for a framework that ensures there is adequate compensation for serious accidents. How can a balance be struck?
Sir Oliver Heald
It is important for that balance to be struck. The whiplash proposals relate to the most minor claims—cases in which the pain and suffering lasts for up to two years. Even then, there is provision for judges, in exceptional cases, to award more than the tariff that is proposed. When serious injuries are involved, however, the system will continue as it is now. It will still be designed to recompense people properly for the injuries that they have suffered.
Cancer Drugs
Debate between Oliver Heald and Jim Shannon(8 years, 6 months ago)
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Jim Shannon
The hon. Gentleman must have helped me put my notes together because I have written that one down. It was one of my next points. Yes, we are concerned about that. I look forward to the Minister’s response on that point because, quite clearly, it is hard to understand why Abraxane should be removed given that it at least extends the life of many people.
Sir Oliver Heald (North East Hertfordshire) (Con)
On that point, a very small number of conditions are very fast-acting. Pancreatic cancer is one of them—six months, on average, between diagnosis and passing away. Does he agree with me that NICE needs to find some way to capture the importance of an extra two months? An extra two months to somebody who only has six is time to settle their circumstances and come to terms with the situation. It is a very important two months and somehow that needs to be captured.
Jim Shannon
I could not have said it better. That is exactly the issue for many in the House and for those outside who have to deal directly with these issues.
Moves such as the removal of the drugs prevent thousands of cancer sufferers across England and Wales from being able to access the quality treatment they deserve. Thousands of people are disadvantaged, thousands of families are losing out and thousands of normal people are in despair. Today, we need to give them hope, an advantage and life itself.
The Government have said that the manufacturers of drugs recommended for removal from the Cancer Drugs Fund will have an opportunity to reduce their costs. Negotiations are under way. I am keen to hear the Minister’s response on that. I would like confirmation that patients already receiving a drug that will be removed from the Cancer Drugs Fund will continue to be treated with that drug. Clinicians certainly indicate that they consider it appropriate to continue treatment. The patient needs to be assured that the system is such that those who are on the drugs will continue to be. I had written down the point about pancreatic cancer. The hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) is absolutely right. I thank him for his intervention.
We are living in times when we are all being asked to tighten our belts but when it comes to issues like this, we simply cannot put a price on doing what is right. Given the consequences for patients, it is imperative that we act sooner rather than later. A long-term and sustainable system for cancer drugs is essential and, while we build that, we have to keep doing what we can to improve the lives of those suffering right now. That starts today with this debate. The debate has been happening outside the Chamber and today is an opportunity to highlight to issue in the Chamber.
I am particularly looking forward to hearing the Scottish National party spokesperson today because I was talking to the hon. Member for Central Ayrshire (Dr Whitford) last night at a different debate. She was unable to attend today. The Scottish National party, Scotland and its Parliament have led the way in how cancer drugs can be allocated. There are lessons to be learned from Scotland so the SNP’s comments will be particularly pertinent.
We have an opportunity to do what is right. Today we have an opportunity to make a difference and to affect normal, everyday people’s lives in a positive way. We need to seize that opportunity. Let us use this House for what it was designed for—to help the people we represent. Cancer can strike anyone. It is indiscriminate and that is why we should be doing our best to get what is best for our constituents.
With the working group on the Cancer Drugs Fund currently suspended, it is important to remember that each minute we fail to make progress on the issue we are failing a British citizen suffering from cancer. I need not remind the Chamber of the ultimate consequences of patients being denied access to life-extending treatments. The longer we delay consultation on the new system, the more lives we are failing. Having said that, it is important that we consider the outcome and results rather than just the intention of the actions we take. The Cancer Drugs Fund did great work when it started and the intention of the fund was most honourable. However, we all know of the budgetary constraints that made the Cancer Drugs Fund sustainable, which is why we need to have an open and rational discussion about how to progress.
I should have said this at the beginning, but I will do so now: I thank the hon. Member for Scunthorpe (Nic Dakin), who attended the Backbench Business Committee on my behalf on a Monday about two months ago. I was unable to be over here on that Monday but he did it for me so I thank him publicly for that opportunity.
I welcome the fact that the Cancer Drugs Fund will become operational once again from April 2016, as I welcome any provision of care for cancer sufferers, but it is imperative that we develop a long-term solution that commits us to those who depend on cancer drugs for the extension of their life and for their families. Very often—I see this in my constituency office and I know that other Members do—we see the impact on the families. There are enormous financial, emotional and physical pressures.
Oral Answers to Questions
Debate between Oliver Heald and Jim Shannon(10 years, 6 months ago)
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The Solicitor-General
I absolutely agree with my hon. Friend. The Government are committed to publishing a draft modern-day slavery Bill later this year. There have been amendments to the law to enable more prosecutions to occur. The round-table event later this year will be important in raising awareness, as she suggests.
Jim Shannon (Strangford) (DUP)
The Northern Ireland Assembly has recently brought in legislation on human trafficking that is perhaps unique in the United Kingdom. Has the Solicitor-General had any discussions with the Northern Ireland Assembly and, if so, what was the outcome?
The Solicitor-General
I have not had such a discussion, but if the hon. Gentleman would like to talk to me about the issue, I would be happy to do so.
Oral Answers to Questions
Debate between Oliver Heald and Jim Shannon(11 years, 1 month ago)
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Jim Shannon (Strangford) (DUP)
Northern Ireland has had a number of convictions for human trafficking, and there are cases pending. Legislation will soon be introduced in the Northern Ireland Assembly by my colleague, Lord Morrow. Will the Solicitor-General outline the co-operation across all regions of the United Kingdom to tackle human trafficking?
The Solicitor-General
As the hon. Gentleman will know, there has been considerable co-operation and co-ordination of effort, particularly over intelligence and how those offences can be disrupted. Of course, there is an issue about the new National Crime Agency and exactly how it will operate—he will be aware of the situation and the ongoing discussions. It is important that there is that co-ordination of effort, which happens across the United Kingdom and the wider world, in trying to tackle the problem.