57 Wera Hobhouse debates involving the Ministry of Justice

Wed 24th Jul 2019
Tue 16th Jul 2019
Courts and Tribunals (Online Procedure) Bill [Lords]
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons
Tue 25th Jun 2019
Divorce, Dissolution and Separation Bill
Commons Chamber

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons

Sentencing White Paper

Wera Hobhouse Excerpts
Wednesday 16th September 2020

(6 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

My hon. Friend is right to mention the importance of that depressing cycle of reoffending, and he will see in the White Paper ready acknowledgement of some of the drivers of that: drug addiction, alcohol addiction, the lack of stable accommodation, no work. The three things that I believe offer the way to avoid a life of crime are a home, a job and a friend, and that might be treatment or probation support. That is what we are committed to in the White Paper; that is what this Government are going to achieve.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

The Lord Chancellor has already partly answered this question, but can he expand on it, as currently one of the biggest problems is overcrowding in prisons and failing to rehabilitate enough people? Can he also address how we are dealing with adverse childhood experiences and trauma that people have suffered, which lead exactly to that spiral of crime? How will his Department respond to that?

Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

The hon. Lady makes a really interesting point about childhood trauma. In the call for evidence on neurodivergence I want to open up some of these issues in a much more novel way, because I am sure that, with proper support and proper intervention, we can divert a lot of people away from a life of crime. When they get into the system it is vital that we expand community sentence treatment requirements. I am a strong believer in the mental health treatment programme, and the NHS, which is scaling up its support for that, is to be thanked. We will expand the availability of that type of treatment order throughout the jurisdiction, so that judges have a real choice when it comes to passing sentences: it does not always have to be custody; there can be a constructive way forward, properly tailored around the offender.

Oral Answers to Questions

Wera Hobhouse Excerpts
Tuesday 14th July 2020

(6 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

My hon. Friend is right to ask about the plan that we issued in June to clear a pathway for the easing of restrictions in our prisons gradually and cautiously, always guided by public health advice and designed to keep staff and prisoners safe. We are now seeing prisons start to open up, including prison visits in places such as HMP Humber. I pay tribute to everybody who has worked so hard to make that experience a safe one. So far, around half of all our prisons have begun to ease some restrictions. Progress is being made.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

We have already heard a response on legal aid, but may I push the Lord Chancellor a little further? Restoring legal aid for early legal advice from a solicitor would help to resolve more cases before they reach court, speed up cases that proceed to trial and get rid of the backlog. As we have just heard, our justice system is only as good as the access to it for everybody. Will the Secretary of State please consider restoring legal aid, at least for early advice?

Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

The hon. Lady brings together two issues. With regard to criminal trials and the like, of course legal aid remains available, subject to the means test. That is absolutely essential—from the police station onwards. With regard to more general legal advice, she will be glad to know that £5 million was allocated for the extra provision of early legal advice. That is a deep commitment of both me and the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). We are working with our officials to ensure that that is applied intelligently, in a way that diverts and prevents litigation, rather than exposing people to what can be a lengthy and burdensome process.

Probation Services

Wera Hobhouse Excerpts
Thursday 11th June 2020

(6 years, 4 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

Short prison sentences do not work, especially for women, because the whole life of that woman and her dependants falls down. What can the Ministry of Justice do to instil confidence in the whole system that alternatives to prisons, such as women’s centres, work?

Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

The hon. Lady will be glad to know that, as part of the female offender strategy that we agreed in 2018, we are making investments in organisations that work in that specialist sector, and we have also announced that we will fund a new centre in Wales, which will be delivered by the end of next year. It is a smaller unit that will cater for more localised sentencing and will support women effectively, albeit in a secure setting, but in a way that aids rehabilitation rather than the cycle of reoffending.

Oral Answers to Questions

Wera Hobhouse Excerpts
Tuesday 25th February 2020

(6 years, 7 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

2. What steps he is taking to implement the Istanbul convention on action against violence against women and domestic violence.

Robert Buckland Portrait The Lord Chancellor and Secretary of State for Justice (Robert Buckland)
- Hansard - - - Excerpts

The United Kingdom signed the convention in 2012 to reaffirm our strong commitment to tackling violence against women and girls, and, as required by the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017, we published the latest annual report on our progress towards ratification on 31 October. I can assure the hon. Lady that in forthcoming legislation we will include the necessary measures to cover all parts of the United Kingdom to ensure compliance.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

The Istanbul convention enshrines the rights of survivors of sexual violence; it includes the right to access crisis counselling and mental health support. Over 6,000 people are currently waiting to be seen by mental health specialists after experiencing sexual violence. Most of them have been told they will have to wait over a year to get help. What will the right hon. and learned Gentleman do to urgently address this?

Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

As well as introducing our important domestic abuse Bill, we are already committing more resources to rape crisis centres. For example, rape and sexual abuse support services have had their funding increased to £32 million over the next three years—an increase of over 50%—which will provide free advice, support and counselling at 94 rape support centres, which is more than ever before. That is encouraging progress.

Oral Answers to Questions

Wera Hobhouse Excerpts
Tuesday 8th October 2019

(7 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Chris Philp Portrait Chris Philp
- Hansard - - - Excerpts

My right hon. Friend rightly draws attention to the importance of giving victims the confidence to come forward and not only report these offences but take them through the system—there is quite a high drop-out rate between the reporting of an offence and the case being prosecuted in court. She mentions a particular centre in her constituency that is doing excellent work; I hope that some of the additional money announced last week may find its way into that centre’s hands to help with its work. The 2003 Act is among the matters being considered as part of the review that will report back in spring next year.

Wera Hobhouse Portrait Wera  Hobhouse  (Bath)  (LD)
- Hansard - -

19.   I,  too, congratulate the Minister on his new post. Indeed, my question is linked to his being in that post. We simply do not have enough rape crisis centres and we need to support survivors of rape better. Will the Government consider ratifying the Istanbul convention? That should lead directly to their providing the right number of rape crisis centres. Will the Minister meet me to discuss that?

Chris Philp Portrait Chris Philp
- Hansard - - - Excerpts

Via the Domestic Abuse Bill, which was debated last week, a number of steps are being taken in the direction that the hon. Lady points towards. I repeat the point I made a moment ago about the additional funding for the victims of rape: there has been a 50% increase, which I hope will increase provision of the kind that the hon. Lady rightly calls for.

Domestic Abuse Bill

Wera Hobhouse Excerpts
Wednesday 2nd October 2019

(7 years ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

I am incredibly grateful to the hon. Lady for mentioning honour crime, which, of course, takes many forms. I have dealt with it myself in the context of other types of offending. The extra territorial jurisdiction will, of course, extend to offences of sexual violence, and if this Bill does not do that, then, frankly, we need to ensure that it is as watertight as possible. Again, we can look in detail at those provisions in Committee.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

I thank the right hon. and learned Gentleman for giving way. The Istanbul convention is not just about extraterritorial powers but about the provision that we make for survivors in this country. If we are signatories, it means that we give extra care to people who return having experienced abuse abroad. Will he make sure that we sign the Istanbul convention so that we can provide adequate support for victims in this country?

--- Later in debate ---
Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

It certainly does and I think we all recognise, as I said previously, that experience and learned behaviour can cause perpetrators of the future.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

rose—

Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

I am going to make progress.

Operation Encompass, which is an excellent example of what we are doing in communities, was set up to enable police forces and schools to confidentially and quickly share information about vulnerable children who need support and safeguarding.

--- Later in debate ---
Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

Never not give way to a Whip—I have learnt that much since I have been here, and it always helps when it is a Whip with a Welsh accent. As I had a chair at the conference and my hon. Friend did not, I will certainly agree with her and say that Rachel is an absolute inspiration and someone we should all look up to.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

Will the hon. Lady give way to someone with a non-Welsh accent?

Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

indicated assent.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

Does she agree that, in order to protect children, we need to include them in the statutory definition of domestic abuse victims and that it is disappointing that the Bill currently does not do that?

Carolyn Harris Portrait Carolyn Harris
- Hansard - - - Excerpts

I agree that we need to look at the definition and the impact on children. That is something that we can look at closely in Committee, and we would welcome amendments guided in that direction.

It is not just the courts that we need to look at; we also need to look at housing, which is another thing that currently allows perpetrators to control their victims. In cases of joint tenancy, only one tenant needs to end the lease, effectively allowing abusers to leave their victims homeless. The Bill needs to adopt changes to that law that would require both parties to end the tenancy and, in cases where perpetrators are convicted of domestic violence, automatically transfer the tenancy to the name of the victim. For victims who leave their accommodation by choice due to violence, the Bill needs to legislate to ensure that they automatically become a priority need for housing, irrespective of whether they have moved to emergency refuge accommodation.

--- Later in debate ---
Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

After the terrible scenes in the House last week, it is reassuring that this House can also be a force for good. However, there remain things on which we passionately disagree, and I refer to what the hon. Member for Shipley (Philip Davies) has just said. But I have a limited amount of time, so I will concentrate on what I want to say about the Bill.

I can testify personally to the importance that the Bill holds for survivors of domestic abuse, both in my constituency and further afield. It is a progressive reform that should be celebrated, but the Bill could go even further to protect survivors. and I am disappointed—I have mentioned this before—that children who have witnessed abuse have not been included in the statutory definition of domestic abuse victims.

People know that I am passionate about the issue of adverse childhood experiences and preventing them. Witnessing domestic abuse in childhood is a traumatic experience and we must recognise that. Adverse childhood experiences greatly increase a child’s likelihood of ending up in the criminal justice system, or of being part of an abusive relationship themselves. This is not about when they are directly abused, but about when they are witnesses. That in itself is such a traumatic event. For that reason alone we must make sure that children are included in the statutory definition. I urge the Minister to look at that again.

The Bill fails to safeguard survivors against homelessness. Under the current system, survivors of domestic abuse are not automatically placed on priority needs lists for social housing. Instead, they are required to undergo a vulnerability test—they have to go through traumatic evidence of their abuse to prove that they are vulnerable. We have already heard testimony about how retraumatising certain things are when people have to relive their experiences. We must not retraumatise survivors. This approach means that all too often survivors end up homeless because they do not want to go through the retraumatising event. Recent studies suggest that 12% of homeless families cite domestic abuse as the reason for their homelessness, while only 2% of priority housing lists are made up of domestic abuse survivors, so we can do better: we can have a system that assumes that survivors of domestic abuse are all vulnerable, as all our evidence on the subject suggests, and ensures that they are prioritised in housing allocations, therefore keeping survivors off the streets. We can do better.

Another part of the legislation I worry about—it has been mentioned—is the use of polygraph tests. I understand it is only a pilot, but its use even only to determine an offender’s licence after release is troubling. Polygraphs are not reliable and the inclusion of polygraphs in this legislation goes against the grain of the Bill, confusing modern reforms with outdated methods.

I disagree that the cost of domestic abuse prevention orders should be shouldered by the police force taking those orders to court. That undermines the whole idea of domestic abuse prevention orders. It puts policemen in the position of having to use resources that simply are not there, or convincing a victim to go to the courts on their own because they do not have to pay. We can do better. We can use proven methods to determine if rehabilitation has worked and we can create funding methods that do not place burdens directly on to local police.

Finally—I have already said this today—I must mention the Istanbul convention, which is still unratified by this Government. Ratifying the Istanbul convention would go a long way towards addressing the concerns about the Bill. It would also prove that this Government are not afraid to match global standards on care for survivors. Ratification would mean that support systems were not just promised but guaranteed for survivors. It is time that this Government step up not only with warm words, but with meaningful actions.

The Bill will allow many more survivors to seek justice, but alone it is not enough. We must try to support survivors beyond the courts to rebuild their lives.

Feltham A Young Offenders Institution

Wera Hobhouse Excerpts
Wednesday 24th July 2019

(7 years, 2 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts

Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Edward Argar Portrait Edward Argar
- Hansard - - - Excerpts

My hon. Friend, who comes to this with a considerable degree of knowledge from his previous roles before he was a Member of this House, is absolutely right. A large number of the young people who end up in custody have been in care or in contact previously with the social care services of local councils. Our youth offending teams within councils do an extremely good job, and I recently visited Lewisham’s team who do an exceptional job and I pay tribute to them for their work. My hon. Friend is absolutely right about the importance of local authorities taking their corporate parenting role seriously. When I was a councillor before I was a Member of this place, we had an approach in which each councillor became a corporate parent receiving anonymised reports on individual looked-after children to better understand the responsibilities all local authorities and councils have in this respect, and I would recommend taking that level of interest.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

The all-party group on the prevention of adverse childhood experiences can state without any doubt that young people who experience adverse childhood experiences are much more likely to end up in prison. Does the Minister agree that many more of our organisations and services need to be trauma-informed, so this does not just start with the Prison Service once young people are in custody but starts much earlier? We might or might not see the Minister again at the Dispatch Box, but will he drive this agenda within his own party because we need many more trauma-informed services across the board?

Edward Argar Portrait Edward Argar
- Hansard - - - Excerpts

I am grateful to the hon. Lady, who I know takes a close interest in this area. Who knows what the announcements in the next day or two will bring, but I assure her that, regardless of them, I will continue in whatever capacity to take a very close interest in it. She is right about trauma-informed services: often by the time a young person ends up in custody in one of the YOIs or secure training centres that I am responsible for, it is almost as though they have got to the end of their relationship with the state; they will have been through a long process and had relationships with many state bodies on the way and each of them will potentially have failed them, resulting in their getting to that point. It is absolutely right that a trauma-informed approach is adopted throughout the voluntary and state systems, so that we do everything we can to address the underlying trauma suffered by those young people and to help them break the cycle of offending and have an opportunity for a productive and positive life.

Courts and Tribunals (Online Procedure) Bill [Lords]

Wera Hobhouse Excerpts
Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

It is one of the theoretical principles of governance that the moment we set up a committee, everyone thinks of extra people who should be on it. I hear the hon. Gentleman’s point. There is nothing in the Bill that prevents the composition of the membership from changing over time, as the online procedures that the committee is considering change. In addition, it can set up sub-committees to look at separate specific areas. The Bill is an enabling measure. As what we do changes, I am sure that the composition of the membership will also change, to include differing skillsets, but I hear what he says and thank him for his intervention.

The committee’s combined expertise will ensure that our rules framework supports online services, while offering a straightforward, accessible and proportionate experience to those who are accessing justice. These powers mirror and do not exceed those provided in respect of the civil, family and tribunal procedure rules.

On Third Reading of the Bill in the other place, peers expressed their support for and enthusiasm about the Bill and for the Government amendments made throughout its passage. We have listened to and taken on board many of the points raised during the Bill’s passage through the Lords and have amended the Bill accordingly. In particular, the Bill now reflects the Government’s renewed commitment on two subjects.

First, people who may need support to participate online will be offered it. The Bill now makes explicit the duty to provide appropriate and proportionate digital support. The Bill also makes it clear that, before rules are made, the Lord Chancellor and the committee will have regard to the needs of those who will require digital assistance. This makes clear the Government’s commitment to an accessible justice system that supports the needs of all our users.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

Online procedures will not compensate for the under-investment of this Government in physical courts, which has led to a number of IT failures, the crumbling courts estate and delays in cases being heard. Does the Minister agree that financial cost cutting should never come before the accessibility of physical or digital justice systems?

Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

In the grand philosophical scheme of things, I probably agree with the hon. Lady, but the purpose of the Bill is to ensure, as we move online, that the rules are common across civil, family and tribunal procedures. To my mind, it is about ensuring, as we move online, that they operate to a common procedure in order to harness the user experience wherever possible, and that is what this Bill seeks to do.

Secondly, the Bill clearly recognises that some people may not want or be able to use our online services, even with support, so it makes explicit provision for the availability of non-electronic channels, which will of course include paper. That was always the Government’s intention, and we have now made clear the provision for users to choose a paper option throughout proceedings.

We are clear that this Bill will not prevent anyone from accessing justice; rather, it will improve access to justice by opening up a new route of access and creating a swifter, easier alternative for litigants. The reforms I have discussed are part of our important manifesto commitment to reform our courts and make them fit for the 21st century. For those reasons, I commend the Bill to the House.

--- Later in debate ---
Robert Neill Portrait Robert Neill (Bromley and Chislehurst) (Con)
- Hansard - - - Excerpts

I welcome the thrust of the Bill, which is an important, if modest, piece of legislation. The Minister is right to say that it is an enabling Bill. It is welcomed by the judiciary and that should weigh heavily with us, because this legislation is necessary to put in place the rule committee, which, in turn, is required to set up the online procedure in a practical form.

It is worth remembering that this has been talked about and largely initiated by the judiciary from a very early stage. The Briggs report in 2016 by Sir Michael Briggs, as he was then—he is now Lord Briggs of Westbourne—was the first important step in that and largely dealt with online civil money claims. Sir Michael made it very clear to me and many others he spoke to that it was a source of frustration that that sensible and practical measure had been delayed for so long. Since then, that was expanded on by the White Paper in 2016—the joint vision that was set out on transforming our justice system. Although the Opposition have made some criticisms of the Bill, it is worth remembering precisely that that was a joint vision, endorsed by the senior judiciary in England and Wales every bit as much as by the Government. It is an unusual example in our constitution of joint ownership of a project.

The Justice Committee took evidence from the Lord Chief Justice, the Master of the Rolls and the Senior President of Tribunals only last Wednesday. We had a detailed session with them, which was a very valuable insight into this issue. It was clear that they strongly endorse and welcome the principle of the programme and that they see it as one—if it is delivered correctly—that can enhance access to justice from where we are at the moment. Our Committee was impressed with that evidence. That does not mean that questions will not need to be answered in the Public Bill Committee and, in particular, as the rules are drawn up. I understand the points from the Opposition Front Benchers and elsewhere about the technical nature of how the rule committee is to be constructed, but the overall thrust of the proposal is clearly welcome.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

Does the hon. Gentleman agree that the diversity of the online procedure rule committee should be looked at, so that we make the courts as diverse as they can be?

Robert Neill Portrait Robert Neill
- Hansard - - - Excerpts

That certainly can be looked at as the Bill proceeds in Committee and, no doubt, when the online procedure rule committee is adopted. It is worth looking at the transcript of the evidence from the three most senior members of the judiciary—I think that was the first time that they have appeared jointly before any parliamentary Committee. There is, in fact, a far greater wealth of diversity of views and experience from our senior judiciary and the members of the judiciary who serve on these tribunals than some commentators give credit for. I think that there is a real understanding from the judiciary, but that does not mean that it is not possible to supplement that. I would not want to think that simply because there are three members of the judiciary, as well as other members, that is not in itself enough. They are very alert to the issues that people face, but I think we can think about broadening this.

I have sympathy with the shadow Minister’s point about perhaps making it easier to expand the committee to include practitioners from more than one jurisdiction. In the past, rules committees have often dealt with discrete areas—High Court rules, county court rules and criminal procedure rules. We are dealing with a multiplicity of jurisdictions, particularly in relation to the tribunals, and it is unlikely that we will find one or two practitioners who have the breadth of practical experience in all those different types of jurisdictions. The Law Society refers to the advisability or usefulness of including a member of the Chartered Institute of Legal Executives. That is a sensible point, because a lot of the interlocutory work—the pre-hearing work—will be done by legal executives rather than necessarily by solicitors or barristers, so I hope that the Minister will keep an open mind on that as we go forward.

My other message to the Minister is: please learn the lessons of transforming rehabilitation, which had worthy objectives and could have succeeded in joining up probation and prison in a better way, but it was rushed. It was not piloted properly and was taken at too great a speed. There is an argument that considerations of finance and expediency were allowed to weigh more heavily in the outworking of the process than questions of access to justice and outcomes, and for that reason it did not achieve either of those desired objectives.

I think that the current ministerial team have learned those lessons—the Lord Chancellor has made that very clear—and we have the opportunity to do this in a different, better way. I am confident that the Minister and his colleagues will do it differently, but it is worth bearing in mind that back in 2016, Lord Briggs said that

“it would be entirely unsatisfactory…to make recourse to the [Online Court] compulsory until a proven structure of assistance for those who need it was designed, tested and put into full operation”.

That still holds good. Nothing in the Bill prevents that being done, but it is a question of the political will and the resource being put into it by the Government to achieve that.

Subject to that being done, it seemed to us from the evidence that we received that the House ought to support this modest measure in its current form. That does not mean that there are not broader issues that need to be looked at on the advice that people using our legal system get and the way they can access justice, not only in a nominal sense but practically, through informed decisions about how they use the system. A great deal of work is being done with the Ministry of Justice and the senior judiciary through the various judicial and practitioner working groups that have been set up, but it is really important that we stress the need to get this right, not rush and get absolutely everything nailed in place before we move on. Obviously, it is difficult to rectify injustice, which can include a potential litigant not bringing a meritorious claim, as well as people being led into bringing unmeritorious claims. It is important to get that right. Done properly, this could be a great advantage and in itself is worthwhile, but there is a good deal of devil in the detail that will come further down the track.

Oral Answers to Questions

Wera Hobhouse Excerpts
Tuesday 9th July 2019

(7 years, 3 months ago)

Commons Chamber
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Paul Maynard Portrait Paul Maynard
- Hansard - - - Excerpts

The hon. Lady makes an excellent point. I have already had discussions with the panel’s chairs on how to ensure that as broad a spectrum of people as possible can participate in the panel and its evidence taking. I will take away that point and hopefully have a concrete answer for her by the time we meet.

Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

Witnessing domestic abuse, especially as a child, is traumatising and has an impact on life for years to come. In the upcoming domestic violence legislation, will the Minister commit to including children who have witnessed domestic abuse in the statutory definition of a domestic abuse victim?

Edward Argar Portrait Edward Argar
- Hansard - - - Excerpts

The hon. Lady rightly highlights the importance of the draft Domestic Abuse Bill, which we hope to bring forward as soon as we have fully considered the recommendations of the Joint Committee on the draft Bill. I know that is something that came up in evidence and in the Joint Committee, and it is something we will be looking at very carefully.

Divorce, Dissolution and Separation Bill

Wera Hobhouse Excerpts
2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019

(7 years, 3 months ago)

Commons Chamber
Read Full debate Divorce, Dissolution and Separation Bill 2017-19 View all Divorce, Dissolution and Separation Bill 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Wera Hobhouse Portrait Wera Hobhouse (Bath) (LD)
- Hansard - -

It is very refreshing to see such widespread consensus; I take the fact that the Chamber is relatively empty this afternoon as a sign that we all know that the Bill is a very welcome step forward and that there is widespread consensus. As has been said, the Bill makes our legal practices around divorce fit for the 21st century, and the Liberal Democrats very much welcome the changes.

Divorce can be traumatising and affect whole families for years after the event. Up until now, the legal process by which divorce happens has further exacerbated that trauma, dragging out the process and forcing couples into conflict to assign legal blame. Currently, it is impossible to seek a no-fault divorce unless the couple have been separated for at least two years. To file for divorce more quickly than that, couples must claim unreasonable behaviour or adultery.

The impacts of such a system are devastating, especially for children. Divorce and family breakdown are considered an adverse childhood experience that has lasting impacts on the children. Recently, we have talked about adverse childhood experiences around knife crime, the penal system and policing. I hope and wish, because I am a member of the all-party group for the prevention of adverse childhood experiences, that the whole approach—the trauma and fault approach—to a lot of services will be much better and more widely understood, and that all 650 MPs in this country will understand what trauma and fault mean. I encourage all hon. Members to attend at least some meetings of our all-party group. Family separation is an adverse childhood experience.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
- Hansard - - - Excerpts

We are all very concerned about the impact on children. The reality of the damage of divorce is manifest, not just in the process, which we are discussing, but primarily in the separation of parents and the subsequent years in which children live torn between them. Does the hon. Lady agree that whenever divorce is granted, there must be greater focus on the children of the break-up?

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

I thank the hon. Gentleman. Throughout the years, we have understood how important it is that we take children seriously and focus a lot on their mental health and wellbeing. I totally agree.

Living through adverse childhood experiences hugely influences the likelihood that a child will end up serving time in our criminal justice system, have poor mental and physical health and find it very difficult to build stable, loving relationships. Our divorce legislation must take that into account and be trauma-informed.

People often come to the decision to divorce at the most chaotic times of their and their families’ lives. We must have a system that tries to restore order—not fuel further chaos—and we must absolutely support children throughout that process.

The new legislation, which would allow couples to file for no-fault divorce and complete the process in six months, would leave space for families to continue to function in very difficult circumstances. It would encourage couples to be mindful of their marriage and the impact of divorce, while not pushing them towards further conflict.

Each year, over 100,000 couples get divorced in England and Wales. In the years that have passed since the most recent significant family legislation, over 1.7 million people have assigned blame in the divorce process. Needless to say, this Bill is long overdue.

There is much more that can be done to bring our marriage laws into the 21st century, as the hon. Member for Newton Abbot (Anne Marie Morris) said. We must recognise that marriage and civil partnerships are not for everyone and that young people who do get married are doing so later and later. Our legal system needs to catch up with society, in which millions of couples choose to live together without making a formal commitment. The Law Commission suggests granting essential but limited legal rights to couples who have lived together for at least three years. Such legislation would complement the new divorce, dissolution and separation laws, and I urge the Minister to take another look at that proposal.

Family law defines millions of lives, young and old. We have an obligation to ensure that the law is up to date and empowers people, instead of holding them back. Changing the current legislation to focus on reconciliation, as opposed to conflict, is a very positive first step in the process, but there is more to be done.

--- Later in debate ---
Sammy Wilson Portrait Sammy Wilson (East Antrim) (DUP)
- Hansard - - - Excerpts

Will the hon. Lady give way?

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

Will the hon. Lady give way?

Fiona Bruce Portrait Fiona Bruce
- Hansard - - - Excerpts

It is a luxury to have the time to do so. I will give way to the hon. Lady first and then to the right hon. Gentleman.

Wera Hobhouse Portrait Wera Hobhouse
- Hansard - -

The hon. Lady is very generous and we do have the luxury of a proper debate. Does she not accept that a marriage takes two and the tragedy is always when one side feels something has irretrievably broken down? It is a tragedy, but it is at the heart of why it is difficult to keep something going when one side clearly does not feel they can keep it going. For that reason, this change in the law is very welcome.

Fiona Bruce Portrait Fiona Bruce
- Hansard - - - Excerpts

I note what the hon. Lady says, but I am saying that we should give more support to the opportunity for dialogue and potential reconciliation—for example, through better mediation services than we currently have.