Question to the Ministry of Justice:

To ask His Majesty's Government whether they have carried out an assessment of the impact of clause 17 of the Courts and Tribunals Bill on the ongoing implementation of the 2017 and 2019 Farmer Reviews on the importance of maintaining male prisoners' and female offenders' family ties to prevent reoffending and intergenerational crime.

Clause 17 of the Courts and Tribunals Bill will repeal the statutory presumption of parental involvement from section 1 of the Children Act 1989. The aim of repealing this measure is to better to protect children from harm, including from harm which might be caused by contact with abusive parents

The Government has thoroughly assessed the impact of repealing the statutory presumption of parental involvement. The impact assessment for Clause 17 of the Courts and Tribunals Bill does not look at prisoners as a distinct group.

The impact assessment for this measure can be found here: https://publications.parliament.uk/pa/bills/cbill/59-01/0389/Non-IRCC_impact_assessment.pdf

The equalities statement for this measure can be found here: https://assets.publishing.service.gov.uk/media/699dfa26db2401de164d6c90/courts-tribunals-bill-equalities-statement.pdf

Both documents have also been attached for ease.

Repealing the statutory presumption does not diminish the importance of parental involvement and contact where it is safe and beneficial. Rather, it ensures that the child’s welfare continues to be placed first in every decision.

Repealing the presumption means that courts will adopt an openminded inquiry enquiry into what is in a child’s best interests, rather than starting from an assumption about parental involvement. Courts will continue to use the provisions set out in the Children Act 1989 when making decisions, guided by the welfare checklist, in order to ensure a thorough assessment of each child's circumstances.

Courts will continue to make orders for a parent (including a parent who is a prisoner) to be involved in a child's life where that is safe and in the child’s best interests. HMPPS will continue to provide a range of services to maintain family contact and are updating the Strengthening Family Ties Policy Framework to reaffirm this, setting out clear expectations for how prisons should support people in custody to develop and sustain positive family relationships.