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Written Question
Child Support Collection (Domestic Abuse) Act 2023
Wednesday 15th May 2024

Asked by: Ashley Dalton (Labour - West Lancashire)

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what his planned timetable is for laying secondary legislation to implement the Child Support Collection (Domestic Abuse) Act 2023.

Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)

The Child Maintenance Service (CMS) operates 2 service types: Direct Pay and Collect and Pay. In Direct Pay cases, the CMS provides a maintenance calculation and issues a payment schedule, but the payments are arranged privately between the receiving parent and the paying parent. In Collect and Pay, the CMS collects the maintenance from the paying parent and transfers it to the receiving parent.

Since Direct Pay was introduced, the CMS has made several improvements to how the service operates. The importance of full and on-time maintenance payments is emphasised in all cases and the CMS will notify parents at the start of every case, and at each annual review, what to do if their arrangement breaks down.

The CMS also sends SMS messages to all receiving parents using the Direct Pay service to remind them to contact the CMS if their maintenance arrangement is not working. My Child Maintenance Case, which is a parent’s online service account with the CMS, also reminds parents to check their bank account for receipt of direct payments and encourages digital reporting of any missed payments.

If a Direct Pay arrangement breaks down, the case will be moved to Collect and Pay where the CMS collects the money from the paying parent and transfers it to the receiving parent. Further enforcement action can also be taken if parents continue to fail to pay.

Government takes the issue of domestic abuse extremely seriously and recognises that domestic abuse often continues and can worsen after separation, which can have detrimental impacts on the welfare of children.

The CMS has procedures in place to ensure victims and survivors of domestic abuse can use its services safely. Of 29,000 new applications to the CMS in the quarter ending December 2023, 56% of applications were exempt from the application fee, largely on the grounds of domestic abuse.

The CMS recognises that domestic abuse can take many forms including physical, emotional, or financial abuse, violent or threatening behaviour and coercive control and has procedures in place to ensure domestic abuse cases are handled appropriately.

For parents using the Direct Pay service, the CMS can act as an intermediary to facilitate the exchange of bank details to help ensure there is no unwanted contact between parents and can provide information on how to set up bank accounts with a centralised sort code, which reduces the risk of a parent’s location being traced. CMS caseworkers will also signpost, where needed, to suitable domestic abuse organisations, if domestic abuse is raised or suspected.

The Department publishes quarterly statistics for the CMS. Latest statistics are available up to December 2023, with statistics for the number of child maintenance cases moved from collect and pay to direct pay shown in ‘Table 4: Service Type Changes, Great Britain, October 2015 to December 2023’ of the National tables.

The information requested in relation to how many child maintenance cases were moved from collect and pay to direct pay where the child maintenance service was aware of domestic abuse in (a) 2022 and (b) 2023, is not readily available and to provide it would incur disproportionate cost.

The Child Support Collection (Domestic Abuse) Act 2023 received Royal Assent on 28 June 2023 following a Private Members Bill that had full Government support. We announced a consultation early 2024 to seek views on how the CMS collects and transfers maintenance.

On 8 May, the Department published a public consultation, Improving the Collection and Transfer of Payments, which follows the Child Support Collection (Domestic Abuse) Act 2023 receiving Royal Assent. The consultation proposes to remove the Direct Pay service completely, which will go further than the measures set out in the Act and provide the same level of protection for all parents.

The consultation closes 31st July 2024. The Government will then carefully consider the feedback and a response will be published.

To find out more information go to: Child Maintenance: Improving the collection and transfer of payments - GOV.UK (www.gov.uk)


Written Question
Children: Maintenance
Wednesday 15th May 2024

Asked by: Ashley Dalton (Labour - West Lancashire)

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how many child maintenance cases were moved from collect and pay to direct pay where the child maintenance service was aware of domestic abuse in (a) 2022 and (b) 2023.

Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)

The Child Maintenance Service (CMS) operates 2 service types: Direct Pay and Collect and Pay. In Direct Pay cases, the CMS provides a maintenance calculation and issues a payment schedule, but the payments are arranged privately between the receiving parent and the paying parent. In Collect and Pay, the CMS collects the maintenance from the paying parent and transfers it to the receiving parent.

Since Direct Pay was introduced, the CMS has made several improvements to how the service operates. The importance of full and on-time maintenance payments is emphasised in all cases and the CMS will notify parents at the start of every case, and at each annual review, what to do if their arrangement breaks down.

The CMS also sends SMS messages to all receiving parents using the Direct Pay service to remind them to contact the CMS if their maintenance arrangement is not working. My Child Maintenance Case, which is a parent’s online service account with the CMS, also reminds parents to check their bank account for receipt of direct payments and encourages digital reporting of any missed payments.

If a Direct Pay arrangement breaks down, the case will be moved to Collect and Pay where the CMS collects the money from the paying parent and transfers it to the receiving parent. Further enforcement action can also be taken if parents continue to fail to pay.

Government takes the issue of domestic abuse extremely seriously and recognises that domestic abuse often continues and can worsen after separation, which can have detrimental impacts on the welfare of children.

The CMS has procedures in place to ensure victims and survivors of domestic abuse can use its services safely. Of 29,000 new applications to the CMS in the quarter ending December 2023, 56% of applications were exempt from the application fee, largely on the grounds of domestic abuse.

The CMS recognises that domestic abuse can take many forms including physical, emotional, or financial abuse, violent or threatening behaviour and coercive control and has procedures in place to ensure domestic abuse cases are handled appropriately.

For parents using the Direct Pay service, the CMS can act as an intermediary to facilitate the exchange of bank details to help ensure there is no unwanted contact between parents and can provide information on how to set up bank accounts with a centralised sort code, which reduces the risk of a parent’s location being traced. CMS caseworkers will also signpost, where needed, to suitable domestic abuse organisations, if domestic abuse is raised or suspected.

The Department publishes quarterly statistics for the CMS. Latest statistics are available up to December 2023, with statistics for the number of child maintenance cases moved from collect and pay to direct pay shown in ‘Table 4: Service Type Changes, Great Britain, October 2015 to December 2023’ of the National tables.

The information requested in relation to how many child maintenance cases were moved from collect and pay to direct pay where the child maintenance service was aware of domestic abuse in (a) 2022 and (b) 2023, is not readily available and to provide it would incur disproportionate cost.

The Child Support Collection (Domestic Abuse) Act 2023 received Royal Assent on 28 June 2023 following a Private Members Bill that had full Government support. We announced a consultation early 2024 to seek views on how the CMS collects and transfers maintenance.

On 8 May, the Department published a public consultation, Improving the Collection and Transfer of Payments, which follows the Child Support Collection (Domestic Abuse) Act 2023 receiving Royal Assent. The consultation proposes to remove the Direct Pay service completely, which will go further than the measures set out in the Act and provide the same level of protection for all parents.

The consultation closes 31st July 2024. The Government will then carefully consider the feedback and a response will be published.

To find out more information go to: Child Maintenance: Improving the collection and transfer of payments - GOV.UK (www.gov.uk)


Written Question
Children: Maintenance
Wednesday 15th May 2024

Asked by: Ashley Dalton (Labour - West Lancashire)

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how many child maintenance cases were moved from collect and pay to direct pay in (a) 2022 and (b) 2023.

Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)

The Child Maintenance Service (CMS) operates 2 service types: Direct Pay and Collect and Pay. In Direct Pay cases, the CMS provides a maintenance calculation and issues a payment schedule, but the payments are arranged privately between the receiving parent and the paying parent. In Collect and Pay, the CMS collects the maintenance from the paying parent and transfers it to the receiving parent.

Since Direct Pay was introduced, the CMS has made several improvements to how the service operates. The importance of full and on-time maintenance payments is emphasised in all cases and the CMS will notify parents at the start of every case, and at each annual review, what to do if their arrangement breaks down.

The CMS also sends SMS messages to all receiving parents using the Direct Pay service to remind them to contact the CMS if their maintenance arrangement is not working. My Child Maintenance Case, which is a parent’s online service account with the CMS, also reminds parents to check their bank account for receipt of direct payments and encourages digital reporting of any missed payments.

If a Direct Pay arrangement breaks down, the case will be moved to Collect and Pay where the CMS collects the money from the paying parent and transfers it to the receiving parent. Further enforcement action can also be taken if parents continue to fail to pay.

Government takes the issue of domestic abuse extremely seriously and recognises that domestic abuse often continues and can worsen after separation, which can have detrimental impacts on the welfare of children.

The CMS has procedures in place to ensure victims and survivors of domestic abuse can use its services safely. Of 29,000 new applications to the CMS in the quarter ending December 2023, 56% of applications were exempt from the application fee, largely on the grounds of domestic abuse.

The CMS recognises that domestic abuse can take many forms including physical, emotional, or financial abuse, violent or threatening behaviour and coercive control and has procedures in place to ensure domestic abuse cases are handled appropriately.

For parents using the Direct Pay service, the CMS can act as an intermediary to facilitate the exchange of bank details to help ensure there is no unwanted contact between parents and can provide information on how to set up bank accounts with a centralised sort code, which reduces the risk of a parent’s location being traced. CMS caseworkers will also signpost, where needed, to suitable domestic abuse organisations, if domestic abuse is raised or suspected.

The Department publishes quarterly statistics for the CMS. Latest statistics are available up to December 2023, with statistics for the number of child maintenance cases moved from collect and pay to direct pay shown in ‘Table 4: Service Type Changes, Great Britain, October 2015 to December 2023’ of the National tables.

The information requested in relation to how many child maintenance cases were moved from collect and pay to direct pay where the child maintenance service was aware of domestic abuse in (a) 2022 and (b) 2023, is not readily available and to provide it would incur disproportionate cost.

The Child Support Collection (Domestic Abuse) Act 2023 received Royal Assent on 28 June 2023 following a Private Members Bill that had full Government support. We announced a consultation early 2024 to seek views on how the CMS collects and transfers maintenance.

On 8 May, the Department published a public consultation, Improving the Collection and Transfer of Payments, which follows the Child Support Collection (Domestic Abuse) Act 2023 receiving Royal Assent. The consultation proposes to remove the Direct Pay service completely, which will go further than the measures set out in the Act and provide the same level of protection for all parents.

The consultation closes 31st July 2024. The Government will then carefully consider the feedback and a response will be published.

To find out more information go to: Child Maintenance: Improving the collection and transfer of payments - GOV.UK (www.gov.uk)


Written Question
Gender Based Violence
Wednesday 15th May 2024

Asked by: Anneliese Dodds (Labour (Co-op) - Oxford East)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps she is taking to (a) evaluate and (b) review the violence against women and girls strategy.

Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)

The ambitious cross-Government Tackling Violence Against Women and Girls (VAWG) Strategy set out a series of measures to help ensure that women and girls are safe everywhere - at home, online, at work and in public. This was followed by a complementary Tackling Domestic Abuse Plan, published in March 2022. So far, we have completed 69% of the commitments across both strategy documents.

Delivery is overseen by a cross-Government VAWG Ministerial Steering Group (VAWG MSG). The last VAWG MSG took place on 1st May and was chaired by the Home Secretary. Part of the meeting focused on accelerating delivery of the remaining strategy commitments.

Many of our interventions are funded through grants awarded to third parties. These grants are actively monitored with recipients providing regular monitoring and end of financial year reports.

We are assessing the overall impact of measures set out in the strategies against the ambition to increase support to victims and survivors and bring more perpetrators to justice.

Our long-term ambition is to reduce the prevalence of violence against women. This is monitored via the published crime statistics, which include police recorded crime and Crime Survey for England and Wales data, as well as via other published criminal justice agency data. The latest data can be found here: Crime in England and Wales - Office for National Statistics (ons.gov.uk).

Estimates from the 2022/23 CSEW showed that 5.1% of adults aged 16 to 59 years experienced domestic abuse in the previous year (Domestic abuse prevalence and victim characteristics - Office for National Statistics (ons.gov.uk)). This was a statistically significant decrease compared with the year ending March 2020 (6.1%), a year largely unaffected by the COVID-19 pandemic. Over the same period, the prevalence of sexual assault and stalking has remained stable with no statistically significant changes.


Written Question

Question Link

Tuesday 14th May 2024

Asked by: Edward Leigh (Conservative - Gainsborough)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to support the victims of crime.

Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)

The Government is committed to supporting victims of crime.

The Victims and Prisoners Bill, which is currently in Report stage of the second House, introduces measures to better serve victims and the public, through improving victims’ experiences of the Criminal Justice System. The Bill places the overarching principles of the Victims’ Code into primary legislation and places a statutory duty on relevant agencies to provide services in accordance with the Victims’ Code, unless there is a good reason not to. The Bill sets up new oversight mechanisms to monitor and improve Code compliance through new mandatory data collection. There will be a series of consequences in place for bodies that do not comply with the Code, delivered by new local and national oversight mechanisms, with robust independent scrutiny by the Victims’ Commissioner.

The Government recognises the importance of services which support victims, and so the Bill also introduces a duty on Police and Crime Commissioners Local Authorities and Integrated Care Boards to collaborate when commissioning support services for victims of domestic abuse, sexual abuse, and serious violence in England. Alongside this, the government has quadrupled funding for victims’ support services in cash terms since 2009/10. This includes funding to increase the number of Independent Sexual Violence Advisers and Independent Domestic Violence Advisers to around 1,000 by 2024/25, a 24/7 Rape Support Helpline, and an improved Homicide Support Service.

In addition to supporting victims directly, the Government is committed to making sure the punishment fits the crime. The average custodial sentence has increased by around 50% since 2010 and serious offenders now spend a higher proportion of their sentence in custody.


Written Question
Alcoholic Drinks: Crime
Monday 13th May 2024

Asked by: Baroness Jenkin of Kennington (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of the success of sobriety tagging schemes, particularly for those convicted of serious assaults or domestic violence where alcohol was a factor.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

In advance of legislating for the introduction of the Alcohol Abstinence Monitoring Requirement (AAMR) for community based sentences to tackle alcohol related offending, the Government contributed to funding for two pilots to ensure robust evaluation of the effectiveness of the measure. The pilots were carried out in London and in the North East of England and findings informed the introduction of AAMR in 2020. AAMR enables courts to impose an alcohol ban of up to 120 days on adult offenders who are not alcohol dependent, compliance is monitored using an alcohol tag.

Alcohol monitoring on licence was introduced in 2021 and enables probation to include an additional licence condition banning or restricting the consumption of alcohol, where a criminogenic need related to alcohol misuse is identified as an increase to risk. Funding has been allocated for evaluation of the processes, impact and value for money. A process and interim impact evaluation are expected to be published by the end of 2025. A full reoffending analysis and value-for-money assessment are expected by the end of 2026.

Evaluations published to date can be accessed via the links below:

MOPAC’s AAMR Final Impact Evaluation Report, December 2020 - aamr_final_impact_report_100521.pdf (london.gov.uk).

Alcohol Abstinence Monitoring Requirement: A review of process and performance from Year 2, July 2018 - aamr_final_process_performance_y2_report_final.pdf (london.gov.uk).

Alcohol Abstinence Monitoring Requirement The pan London roll out: A review of process and performance from year 1, July 2017 - AAMR Interim Report (london.gov.uk).

Alcohol Abstinence Monitoring Requirement: South London Pilot Indicative Impact Report, April 2017 - Alcohol Abstinence Monitoring Requirement (london.gov.uk).

HNLY Pilot Process Evaluation Report, October 2019 - Evaluation-of-the-AAMR-tagging-pilot.pdf (northyorkshire-pfcc.gov.uk).

The AAMR pilot in the North-East focused on domestic abuse perpetrators, the process evaluation shows that 31% of wearers were convicted of a domestic violence offence. Compliance with the alcohol ban shows that the devices did not register a tamper or alcohol alert on 97.4% of the days worn. The impact evaluation (including for reoffending) is underway for this pilot and is also intended to be published.

The evaluations to date and published statistics have shown a strong uptake of alcohol monitoring by courts and probation. The number of individuals fitted with an alcohol monitoring (AM) device as at 31 March 2024 was 2,862, a 27% increase over the previous 12 months. There were 12,506 new alcohol monitoring orders imposed across England and Wales in the year ending 31 March 2024. Overall, 24,305 new alcohol monitoring orders have been imposed since their introduction against an ambition of 12,000 by 2025 and compliance with the alcohol ban has remained consistent at over 97% for the total of days monitored. Electronic Monitoring Statistics Publication, March 2024 - GOV.UK (www.gov.uk).


Written Question
Alcoholic Drinks: Crime
Monday 13th May 2024

Asked by: Baroness Jenkin of Kennington (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of sobriety tagging schemes.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

In advance of legislating for the introduction of the Alcohol Abstinence Monitoring Requirement (AAMR) for community based sentences to tackle alcohol related offending, the Government contributed to funding for two pilots to ensure robust evaluation of the effectiveness of the measure. The pilots were carried out in London and in the North East of England and findings informed the introduction of AAMR in 2020. AAMR enables courts to impose an alcohol ban of up to 120 days on adult offenders who are not alcohol dependent, compliance is monitored using an alcohol tag.

Alcohol monitoring on licence was introduced in 2021 and enables probation to include an additional licence condition banning or restricting the consumption of alcohol, where a criminogenic need related to alcohol misuse is identified as an increase to risk. Funding has been allocated for evaluation of the processes, impact and value for money. A process and interim impact evaluation are expected to be published by the end of 2025. A full reoffending analysis and value-for-money assessment are expected by the end of 2026.

Evaluations published to date can be accessed via the links below:

MOPAC’s AAMR Final Impact Evaluation Report, December 2020 - aamr_final_impact_report_100521.pdf (london.gov.uk).

Alcohol Abstinence Monitoring Requirement: A review of process and performance from Year 2, July 2018 - aamr_final_process_performance_y2_report_final.pdf (london.gov.uk).

Alcohol Abstinence Monitoring Requirement The pan London roll out: A review of process and performance from year 1, July 2017 - AAMR Interim Report (london.gov.uk).

Alcohol Abstinence Monitoring Requirement: South London Pilot Indicative Impact Report, April 2017 - Alcohol Abstinence Monitoring Requirement (london.gov.uk).

HNLY Pilot Process Evaluation Report, October 2019 - Evaluation-of-the-AAMR-tagging-pilot.pdf (northyorkshire-pfcc.gov.uk).

The AAMR pilot in the North-East focused on domestic abuse perpetrators, the process evaluation shows that 31% of wearers were convicted of a domestic violence offence. Compliance with the alcohol ban shows that the devices did not register a tamper or alcohol alert on 97.4% of the days worn. The impact evaluation (including for reoffending) is underway for this pilot and is also intended to be published.

The evaluations to date and published statistics have shown a strong uptake of alcohol monitoring by courts and probation. The number of individuals fitted with an alcohol monitoring (AM) device as at 31 March 2024 was 2,862, a 27% increase over the previous 12 months. There were 12,506 new alcohol monitoring orders imposed across England and Wales in the year ending 31 March 2024. Overall, 24,305 new alcohol monitoring orders have been imposed since their introduction against an ambition of 12,000 by 2025 and compliance with the alcohol ban has remained consistent at over 97% for the total of days monitored. Electronic Monitoring Statistics Publication, March 2024 - GOV.UK (www.gov.uk).


Written Question
End-to-End Rape Review
Monday 13th May 2024

Asked by: Sarah Dyke (Liberal Democrat - Somerton and Frome)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of expanding the Rape Review Action Plan to include all cases of sexual violence.

Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)

The 2021 Rape Review Action Plan set public ambitions to return the volumes of adult rape cases being referred by the police, charged by the CPS, and going to court back to at least 2016 levels. We have exceeded each of these ambitions ahead of schedule.

The Rape Review intentionally focussed its efforts on the system’s response to adult rape, acknowledging its unique and complex nature to investigate and prosecute, as well as for the harm it causes to victims. That being said, improvements delivered through the Action Plan will also have wider benefit for the justice system’s response to other sexual offences.

For example, we have recruited 20,000 extra police officers and are providing specialist rape and serious sexual assault training to 2,000 officers, making sure the police have the skills to investigate these crimes. We have rolled out pre-recorded cross examination for victims of sexual and modern slavery offences nationally, sparing victims from the glare of court and helping them give their best evidence. We are also quadrupling victims funding by 2024/25, up from £41 million in 2009/10, enabling us to increase the number of Independent Sexual Violence and Domestic Abuse Advisors to around 1,000 by 2024/25.

More widely, the Government’s 2021 Tackling Violence against Women and Girls strategy set out our plan for improving the system wide response to VAWG. We have delivered on the vast majority of the actions set out in the original Strategy and continue to make important strides, including the first successful prosecution for cyber flashing resulting in a custodial sentence (March 2024); bringing into force the provisions in the Online Safety Act (January 2024) including new intimate image abuse offences; and putting a new duty on employers to protect their employees from sexual harassment via the Worker Protection amendment of the Equality Act 2010.


Written Question
Bail
Tuesday 7th May 2024

Asked by: Rachael Maskell (Labour (Co-op) - York Central)

Question to the Home Office:

To ask the Secretary of State for the Home Department, if he will require the police to assess the safety of people on bail returning to their home address.

Answered by Chris Philp - Minister of State (Home Office)

Pre-charge bail is an important tool available to the police to manage suspects who have been arrested on suspicion of an offence.

Under reforms of pre-charge bail passed in the Police, Crime, Sentencing and Courts Act 2022, police must seek victims’ views, where practicable, regarding whether bail conditions should be imposed and what any conditions should be.

The Government published new statutory guidance on pre-charge bail in June 2023, which can be found at the following address: https://www.gov.uk/government/publications/pre-charge-bail-statutory-guidance/pre-charge-bail-statutory-guidance-accessible

The guidance makes clear that if a suspect has been arrested in connection with an offence involving vulnerable people or domestic abuse, serious consideration must be given to the imposition of bail with conditions to safeguard the victim.


Written Question
Criminal Proceedings
Tuesday 7th May 2024

Asked by: Siobhain McDonagh (Labour - Mitcham and Morden)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will make an estimate of the average time taken for (a) drug dealing, (b) domestic violence, (c) GBH, (d) domestic burglary and (e) theft cases to be completed in court in each year since 2010.

Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)

We have interpreted waiting time to refer to the time between the date of first hearing at the magistrates’ court to completion of the case at the Crown Court.

The median number of days from first listing to completion at the Crown Court for a) drug dealing, b) GBH, c) domestic burglary, d) theft cases offences has been provided in the attached table. To note, Crown Court data is only available from 2014 onwards and domestic violence offences cannot be separately identified as they are not defined as such in legislation.

While the Crown Court is still recovering from the impact of the pandemic and disruptive action from the Bar which reduced our ability to hear cases swiftly, the latest published statistics show, across all cases currently in the outstanding caseload, the median age for those cases was around 6 months.

We are committed to ensuring the delivery of swift justice for all victims and have introduced a raft of measures to achieve that aim. This includes funding around 107,000 sitting days during the most recent financial year (FY23/24), recruiting up to 1,000 judges annually across all jurisdictions and investing in the continued use of 20 Nightingale courtrooms into this financial year (FY24/25) to allow the courts to work at full capacity.

Judges do prioritise cases involving vulnerable complainants and witnesses, and seek to ensure that domestic abuse, serious sexual offences and those with vulnerable witnesses are listed at the first available opportunity.