Miscarriages of Justice

Debate between Baroness Deech and Lord Bellamy

Wednesday 14th June 2023 Lords Chamber

[Lord Bellamy (Con)]

Discrimination in the criminal justice system is not acceptable to the Government. The Government are conscious that there are concerns about the way that ethnic minority persons are treated within the system and are determined to ensure that those problems are ameliorated and addressed in the longer run.

[Baroness Deech (CB)]

My Lords, what justice can there be in retaining on the statute book sections of a statute of 1861, whereby a mother can be sent to prison for procuring an abortion? Surely it is time that we consider the lack of benefit to society, to her family and indeed to all women in retaining such an outdated and barbaric method of punishment.

[Lord Bellamy (Con)]

My Lords, all women have access to safe and legal abortions on the NHS up to 24 weeks of pregnancy. It is not appropriate for the Government to comment on any particular case, although your Lordships will no doubt be aware of the case to which the noble Baroness is referring. This is a contentious issue and the Government maintain a neutral position on possible changes to the relevant criminal law.

Nuptial Agreements

Debate between Baroness Deech and Lord Bellamy

Tuesday 25th April 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I thank my noble friend Lady Shackleton for her question. The answer is twofold: first, the Government consider that the present root-and-branch review of financial provision is better than looking at a particular outcrop within that landscape. Secondly, any Government have to prioritise. In recent years, priority has been given, for example, to the Domestic Abuse Act 2021; the Divorce, Dissolution and Separation Act 2022, which introduced no-fault divorce; and the Marriage and Civil Partnership (Minimum Age) Act 2022, which made it illegal to marry under the age of 18. These are all fundamental reforms and I make no apology for prioritising those measures.

[Baroness Deech (CB)]

My Lords, may I start by wishing the Minister a happy birthday—and ask him whether there is any prospect of this Bill being enacted in his lifetime and mine? He has mentioned all these other statutes, which are not really relevant. The failure to enact this Bill undermines the no-fault divorce law, because the failure to have binding nuptial agreements leaves couples in as antagonistic and expensive a situation as before. Will he please get on with it?

[Lord Bellamy (Con)]

My Lords, I thank the noble Baroness for those birthday wishes. It is often said that life begins at 40 but experience shows that it is very much later than that. I very much hope that we will be able to legislate in her lifetime, if not my own. Prenups are undoubtedly an important issue. Since 2010, the law has been that there is a presumption in favour of enforcing prenuptial agreements unless it is unfair to do so. Secondly, although this is an important question, it affects a relatively small and privileged cohort, and it must take its place in the queue on that basis.

Divorce: Financial Provision

Debate between Baroness Deech and Lord Bellamy

Wednesday 8th March 2023 Lords Chamber

[Baroness Deech]

To ask His Majesty’s Government what progress they have made with their three-year review of the law governing financial provision on divorce since the commitment made by the then Advocate General for Scotland Lord Keen of Elie in his letter dated 16 March 2020 (DEP2020-0150) to gather evidence, consult and develop recommendations on this matter.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, the letter to which the noble Baroness refers was sent during the passage of the Divorce, Dissolution and Separation Act 2020. Since then, we have prioritised the implementation of that Act and the digital systems that go with it, the court recovery programme during and after the pandemic, the Domestic Abuse Act 2021, the Marriage and Civil Partnership (Minimum Age) Act 2022 and further work on the family courts. I hope to announce a review of financial provision very shortly.

[Baroness Deech (CB)]

My Lords, I fear that the noble Baroness, Lady Shackleton, and I were misled when, three years ago, we were guaranteed a review of the financial elements of divorce. Relying on that, we refrained from pressing amendments. The law that relates to splitting money on divorce is so antagonistic and unreformed that it undermines the alleged good points of the no-fault divorce law. We are lagging 50 years behind nearly every other country in the western world, including Australia. The amount of discretion in our law makes it very hard for unrepresented parties. Money that should go to the children is being spent on legal costs. Even judges have called this law “apocalyptic” —accessible only to the rich. When will the Government reform this very bad law?

[Lord Bellamy (Con)]

My Lords, I pay warm tribute to the noble Baroness, Lady Deech, my noble friend Lady Shackleton and many others for their work in this area. Respectfully, I do not accept the characterisation that the Government have misled everybody; we have had our hands somewhat full in recent times. The Matrimonial Causes Act 1973 reaches its 50th anniversary this year and a review of financial provision is indeed opportune. The Government are in close consultation with the Law Commission, which we consider the most appropriate body to carry out that review.