Victims and Courts Bill (Second sitting) Debate

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Department: Ministry of Justice
Bradley Thomas Portrait Bradley Thomas
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Q I have a constituent whom I met a few months ago. Forgive me—you may have heard me mention this on the Floor of the House a couple of months ago. My constituent is probably in a unique situation. She is a serving detective. Her ex-partner, who was a detective, is serving a sentence in excess of 10 years for having raped her, and he continues to enjoy indirect parental access rights. My constituent is excessively concerned that the continuation of access rights in an indirect form—usually in the form of a letter that often conveys coercive messaging and veiled threats to her—is hindering not just her welfare, but that of their children. In addition, under the current arrangement, as she and I understand it, if she were to take a large life decision, she would still have to consult her ex-partner, because of the continued parental access rights and responsibility that he enjoys while serving his prison sentence. Do you agree that, if someone commits a violent offence against a partner with whom they share a child, their parental access responsibility should be restricted?

Alex Davies-Jones: You have outlined some of the issues that we have come up against in trying to make this measure workable, and that is why we have chosen to keep it quite specific in the Bill. I am not aware of the details of your constituent’s case, which sounds horrific; my thoughts are with her and the family. From what you have outlined, although the perpetrator has committed a heinous act against the mother, we are unaware of any acts committed against the children. It is about where you draw the line. How many perpetrators do you bring in scope of the measure? The route is available to your constituent to remove parental responsibility via the family courts. That route is available to her now, and I would always suggest that someone takes that route if they feel that it is the most appropriate course of action.

In the Bill, we are talking about parental responsibility being removed on a criminal conviction in court for an offence against the child, to keep the children safe. How broad do we make this measure, especially when it is untested and novel? We need to keep it quite specific, because we do not know what impact it will have on the family court system, how many perpetrators will appeal or the impact that that will have. The measure is therefore quite specific, and we feel that that is the appropriate course of action for now.

Alex McIntyre Portrait Alex McIntyre (Gloucester) (Lab)
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Q Thank you, Minister, for your answers so far. We have had an awful lot of questions this afternoon from the hon. Member for Bexhill and Battle about individuals who are avoiding judgment and avoiding taking responsibility for their actions. I am a new Member, but I understand that the measures in the Bill about asking offenders to attend their sentencing were part of a previous Bill, before the general election. In what ways are the measures in this Bill stronger than the measures in the previous Bill?

Alex Davies-Jones: To repeat my answer to Anneliese, the measures in the previous Government’s Bill, which fell before the general election, would have only added an extra two years on to the sentence of a perpetrator who failed to attend their sentencing hearing. The measure in this Bill goes significantly further. For the first time ever, judges will have the ability to sanction perpetrators in prison who fail to attend their sentencing hearing or are disruptive while in the courtroom. If the perpetrator does attend the sentencing hearing, but proceeds to disrupt it, the judge will be able to apply the sanctions. That is a measure in the Bill.

We are also providing prison officers with the ability to conduct reasonable force to get the perpetrator to attend the sentencing hearing. That is a measure in the Bill. Our Bill is markedly different, and that is because we have listened to victims and survivors about what they wanted and felt was appropriate to ensure that there was culpability and accountability.

None Portrait The Chair
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I call Adam Thompson—let us be quick.