Oral Answers to Questions

Debate between Desmond Swayne and David Gauke

Tuesday 9th July 2019 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

20. What steps his Department is taking to provide counselling to couples seeking a divorce.

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

When people make the difficult decision to divorce, the evidence suggests that counselling will often be too late at that stage. Seeking counselling would be a personal choice for those involved. For counselling to bring a change of direction, it would require the willing co-operation of both people in the marriage. We will look at the information available to people who are contemplating divorce to see whether we can strengthen signposting to marriage counselling, and our Bill will provide the opportunity for parties to reflect on the decision to divorce by introducing a minimum timeframe within the legal process. Couples who can reconcile will be able to do so.

[Mr Gauke]

I think there is a wider debate to be had about how Government as a whole can address issues that lead to relationship breakdown. Simply funding marriage support services may not address the heart of the issue or reach the people who need help most at the right time, but I agree that there is a need to test what works to help couples to stay together, and I am happy to listen to the arguments about that.

[Sir Desmond Swayne]

What mediation services and contact centres are available, and what is their role?

[Mr Gauke]

Family mediation offers a way to resolve child or financial arrangements without litigation, and child contact centres provide safe, neutral venues where separated couples can build sustainable long-term child arrangements. In reforming the legal process for divorce, we will look to strengthen how couples are signposted to such services. My right hon. Friend refers to counselling, a service for people whose relationships are in trouble. As well as using services such as Relate, many people draw on family, friends and others they can trust. A marriage is more likely to be saveable before the legal process of divorce has begun.

Divorce, Dissolution and Separation Bill

Debate between Desmond Swayne and David Gauke

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

[Mr Gauke]

I am grateful to the hon. Gentleman for his remarks, and this Bill is by no means anti-marriage. As he rightly says, this Bill seeks to ensure that, in those unfortunate circumstances where a marriage comes to an end, it comes to an end in a way that minimises the conflict between the parties. That, in my view, has to be a sensible way forward.

[Sir Desmond Swayne (New Forest West) (Con)]

There is undoubtedly fault in a divorce but, in my experience from continual exposure at constituency surgeries, the attribution of that fault leads parents to use their children as weapons in a continuing battle with their former partner.

[Mr Gauke]

My right hon. Friend makes a good point, and it is worth bearing in mind that, where children are involved, it is all the more important that we minimise the conflict. The current requirement incentivises that sense of attribution of fault, which does nothing to ensure that the relationship between the two parents can be as strong as possible, and it is the children who lose out in those circumstances.

Oral Answers to Questions

Debate between Desmond Swayne and David Gauke

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

I will focus on the approach that I want to take in England and Wales. If we can find effective alternatives to short sentences, it is not a question of pursuing a soft-justice approach, but rather a case of pursuing smart justice that is effective at reducing reoffending and crime. That is the approach that I want to take in England and Wales.

[Sir Desmond Swayne (New Forest West) (Con)]

But the full force of the law too often is not very forceful at all, is it?

[Mr Gauke]

In reality, sentences and the prison population have gone up in recent years. I maintain that there are circumstances in which significant prison sentences are right as a means of punishment and a demonstration of society’s abhorrence at particular behaviours, but we also have to bear it in mind that some people who go to prison end up in a cycle of reoffending, with little achieved to the benefit of society or those individuals.

Parole Board and Victim Support

Debate between Desmond Swayne and David Gauke

Tuesday 9th January 2018 Commons Chamber

[Mr Gauke]

The hon. Lady makes an important point. Clearly, as we look at the issue of transparency for Parole Board decisions, we shall need to look at the evidence with which the board is provided and review the extent to which it should be put in the public domain.

[Sir Desmond Swayne (New Forest West) (Con)]

Did he acknowledge his guilt?

[Mr Gauke]

I am not in a position to provide details of the case. Those details are given to the Parole Board, and I am afraid I cannot say more than that.

Universal Credit

Debate between Desmond Swayne and David Gauke

Thursday 23rd November 2017 Commons Chamber

[Mr Gauke]

On the last point, people can get explicit consent—they just need to get the consent. On the delays and moving to fortnightly payments, I am aware that the Scottish Government have taken a different approach, but they are doing so by ensuring that the second payment, at the end of the second assessment period, is half what it would be in England and Wales, deferring it and then paying it a fortnight later. If the Scottish Government are happy with that and want to defend it to the Scottish people, they are welcome to do so, but it seems a strange way to deliver the benefit. On the public finances, we fought the 2015 general election with a commitment to find savings in the welfare budget, and we will deliver those savings.

[Sir Desmond Swayne (New Forest West) (Con)]

I congratulate the Secretary of State. Does he anticipate any increase in the number of very short-term claims and did he consider spending the money on the taper rather than on reducing the number of waiting days?