Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 28th March 2023 Commons Chamber

[Mike Freer]

I am more than happy to meet my hon. Friend. I can reassure him that contempt of court and reporting restrictions apply to social media as well as mainstream media. We continually look at what more we can do to strengthen the law in this area, and that is why we have asked the Law Commission to consider the issue as part of a wide-ranging review of the law on contempt of court. Two new offences in the Online Safety Bill will criminalise the type of behaviour we have seen in the Eleanor Williams case. The false communications offence will criminalise communications where a person sends information that they know to be false with the intention of causing harm. As I say, I am more than happy to meet my hon. Friend.

[Andrew Bridgen (North West Leicestershire) (Ind)]

14. What progress he has made on tackling the backlog of court cases.

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

The outstanding case load has reduced across the UK. I do not have specific numbers for my hon. Friend’s constituency, as we do not calculate them by constituency. We are taking action across the criminal justice system to bring backlogs down and improve waiting times for those who use our courts.

[Andrew Bridgen]

My hon. Friend will be aware of the saying that justice delayed is justice denied. What steps is he taking to ensure that the courts sit for as long as possible to try to get the backlog down?

[Mike Freer]

I can reassure my hon. Friend that we have removed the limit on sitting days in the Crown court for the second financial year in a row, and that means that courts will continue to work at full capacity. We are also continuing with the use of 24 Nightingale courtrooms into the 2023-24 financial year, and are recruiting 1,000 new members of the judiciary to ensure that we get the backlog under control.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 4th June 2019 Commons Chamber

[Paul Maynard]

I am grateful for the hon. Lady’s initial support. There is a balance to be struck between speed of action, getting the right decision-making process in place and coming up with the right recommendations. We have lawyers who are experienced in family law on the panel, and we have the victims’ voice through the involvement of Women’s Aid. I think we have the right mix on the panel, and a three-month time limit is right for them to reach their conclusions, which we can then seek to put in place.

[Andrew Bridgen (North West Leicestershire) (Con)]

In children’s matters in the family courts, the Children and Family Court Advisory and Support Service is treated as an expert witness. Is the Minister aware that CAFCASS has no training for the function it performs, has no guidelines, keeps no record of its recommendations and does not give sworn statements, so cannot be held to account for the recommendations it makes?

[Paul Maynard]

I am grateful for that interesting perspective in my early days in the job. I will clearly have to go away and look at what CAFCASS says and does, and I look forward to meeting it. It is important to bear in mind that, in these cases, the interests of the child have to be paramount—the Children Act 1989 is very clear about that, and judges are clear in how they interpret that obligation.

Legislation against Female Genital Mutilation

Andrew Bridgen Excerpts

Monday 11th February 2019 Commons Chamber

[Lucy Frazer]

My portfolio is quite large, but I am not in charge of parliamentary business. However, I am sure that those who are in charge of it are listening to this debate. The Government are keen to bring legislation forward in Government time and will do that shortly.

[Andrew Bridgen (North West Leicestershire) (Con)]

Female genital mutilation is abhorrent and barbaric and should never be inflicted on any girl or woman in this country or, indeed, any country. In the spirit of equality, will the Minister update the House on the Government’s policy on male genital mutilation?

[Lucy Frazer]

My hon. Friend has a number of concerns relating to family justice that I am happy to have talked to him about over recent months. This Bill was about female genital mutilation, and the Government will be bringing forward legislation to address that matter.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 5th February 2019 Commons Chamber

[Mr Gauke]

Clearly, the figures set out last week, which relate to what was happening in July, August and September 2018, are not acceptable and we need to bring those numbers down. That is why we have increased the number of prison officer staff, it is why we are focusing on purposeful activity and it is why we are taking steps to reduce both the supply and the demand for drugs. We are seeing some encouraging signs, but I do not want to make too much of that as yet. We need to wait to see the numbers in April, when we will have details about the last quarter of 2018. I am beginning to feel that we have turned the corner, that the additional staff are making a difference and that the measures we are taking are making a difference, but I fully accept that much work still needs to be done.

[Andrew Bridgen (North West Leicestershire) (Con)]

6. What progress the Government have made on improving the safety of prison officers.

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

We do not tolerate violence against our dedicated and hard-working prison officers. We are strengthening frontline officer numbers and rolling out the key worker scheme so that we can improve prisoner-staff relationships and tackle the causes of violence. We are giving officers the tools they need, like body-worn cameras and PAVA spray, to respond where incidents occur.

[Andrew Bridgen]

I thank the Secretary of State for that answer but, in order to protect prison officers, what measures are the Government taking to ensure that the police and the justice system take crimes committed in prison as seriously as those committed outside in the community?

[Mr Gauke]

My hon. Friend makes a fair point, and it is important that crimes committed within prisons are taken seriously, just as crimes committed outside prisons are taken seriously. We have taken a number of steps, and I have already alluded to some of the measures we are taking to help prison officers in these circumstances. We also recently changed the law to strengthen sentences against those who commit crimes against prison officers.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 18th December 2018 Commons Chamber

[Mr Gauke]

Of course, a deal was offered to prison officers and rejected a couple of years or so ago, but to come back to the point about morale, it is important that we address violence in prisons. That is why we have increased the number of staff, why we are giving prison officers the tools that they need—for example, PAVA—and why we are determined to ensure that we can turn this increase in violence around.

[Andrew Bridgen (North West Leicestershire) (Con)]

It is clear that we have an issue with experienced prison officers leaving the service. Can my right hon. Friend reassure the House that, in line with best human resources practices, exit interviews are being conducted with staff before they leave so that we can address the issues that are causing them to leave the service?

[Mr Gauke]

My hon. Friend is right to say that that is best practice, and it does happen within the prison service. We are looking at the evidence of the effectiveness of that to ensure that we make best use of it. It is important that we learn from the experiences of prison officers and get their feedback, so that when prison officers do leave, we understand the reasons why.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 9th October 2018 Commons Chamber

[Rory Stewart]

I pay tribute to the hon. Gentleman’s local CRC, which is a good example of how CRCs can work. Durham CRC is a good example of the local authority and the previous probation trust working together. It has met 85% of its targets and is a well-performing CRC. There are also good examples to be followed elsewhere in the country, including in Cumbria, where the CRC is working with rural communities, and in London, where the CRC has improved dramatically and done some very good work with Grenfell survivors. I certainly pay tribute to the work done in the hon. Gentleman’s constituency.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does the Minister agree that one key to aiding the rehabilitation of offenders is to ensure that probation officers have manageable case loads, so that they can give sufficient time and energy to each case?

[Rory Stewart]

A manageable case load is of course absolutely central, as is the flexibility to make sure that when a probation officer has a high-risk offender—a criminal who is more challenging to deal with—they have smaller numbers of offenders to deal with and can adjust their case load according to the risk posed by the individual and the complexity of the case.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 24th April 2018 Commons Chamber

[Rory Stewart]

There has been a significant improvement in the Ofsted reports, but the hon. Gentleman is absolutely right that people with special educational needs, in particular, and the more than 50% of prisoners who have previously been excluded from school or have literacy challenges remain a big issue for education in prisons.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does the Minister agree that one of the keys to reducing reoffending rates is ensuring that skilled probation officers have manageable case loads so that they can give enough time and energy to each individual in their care?

[Rory Stewart]

Absolutely. It is particularly important that there can be flexibility so that there can be a higher ratio of probation officers to high-risk cases than for low-risk cases.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 6th March 2018 Commons Chamber

[Rory Stewart]

That is a very interesting idea. Perhaps the hon. Lady and I can sit down to discuss that interesting idea in more detail.

[Andrew Bridgen (North West Leicestershire) (Con)]

6. What progress his Department has made on recruiting 2,500 new prison officers.

[Chris Green (Bolton West) (Con)]

14. What progress his Department has made on recruiting 2,500 new prison officers.

--- Later in debate ---

[The Minister of State, Ministry of Justice (Rory Stewart)]

Skilled professional prison officers are absolutely heart and centre of running good prisons. That is why we have committed to recruiting 2,500 extra prison officers. I am pleased to say that we are now nine months ahead of target on delivering those prison officers.

[Andrew Bridgen]

I of course welcome the fact that the Government are making progress in recruiting extra prison officers, but will the Minister reassure the House that he is making every effort to retain the services of experienced and long-serving officers who are absolutely essential for mentoring new recruits into the service?

[Rory Stewart]

Absolutely. As my hon. Friend points out, this is not just about numbers. Working in a prison is incredibly challenging, and having the experience and the prison craft to do it is vital, so we are putting incentive schemes in place to try to retain our most experienced staff and to understand, when they do leave, why they are doing so.

--- Later in debate ---

[Mr Gauke]

I believe that the processes have been set up, that the inquiry led by Sir Martin Moore-Bick is the right approach and that the focus should be on ensuring that the inquiry can make progress rather than trying in any way to undermine it.

[Andrew Bridgen (North West Leicestershire) (Con)]

T2. Family law has been in need of reform for far too long. We now have a situation where the judiciary is supporting early intervention and wishing to carry out a pilot scheme. Will the Minister meet me to discuss how to make this excellent solution a reality?

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

I am very aware of the importance of looking at family law, in the context of the fact that relationship breakdown leads to unwelcome life chances for the children of that relationship. I am happy to meet my hon. Friend, who should know that I have already met the president of the family division and the chief executive of the Children and Family Court Advisory and Support Service, and to discuss this issue.

Family Justice Reform

Andrew Bridgen Excerpts

Wednesday 15th November 2017 Westminster Hall

[Suella Fernandes]

I thank my hon. Friend for raising the issue of extended families. Kinship carers and grandparents in particular can play an essential role in the upbringing of our children, and they too can be cut out of children’s lives because of the obstacles placed in their way through our system, which needs some change.

Many parents in these situations have lost their life savings, their home and, perhaps worst of all, their hope. What price is too much? For those who cannot afford it, the cost can be even worse: no contact and no relationship with their children. In one of the saddest cases I came across, a dad was permitted to send merely a Christmas card every year. In another, a father spent three years and more than £100,000 fighting to see his children eight days a month, rather than the six days originally granted by the court.

Children are entitled to a meaningful relationship with both parents, but the current system enables a parent to be erased from a child’s life. It is not about parental rights; it is about child wellbeing. Children who have a good relationship with both parents are less likely to experience depression, teenage pregnancy and delinquency. Children without a father in their life often struggle to reach their full potential academically, socially or professionally.

[Andrew Bridgen (North West Leicestershire) (Con)]

I thank my hon. Friend for facilitating this important debate. Is she aware of research I have done on the comparative death rates of resident and non-resident parents, which indicates that it is almost twice as likely for a non-resident parent to pass away while their children are small? I indicate that that probably means that it is normally men actually committing suicide because they no longer have contact with their children.

[Suella Fernandes]

It is a tragedy. Those cases are unspeakably sad and a reflection of the need for reform. There is a clear need, if we are to fight the burning injustices in our society, to start with the foundation of our society: families and, more specifically, parents. That change is vital.

My first proposal is to enshrine a rebuttable presumption of shared parenting. In the majority of divorce cases, parents are able to agree on how their children will be cared for, with whom holidays will be spent, how decisions about a child’s life will be made and how the child may spend time with grandparents and other extended family, as my hon. Friend the Member for Mid Worcestershire (Nigel Huddleston) mentioned. However, in many cases—approximately 165,000 in 2016—agreement cannot be reached. In those cases, a judge will determine the contact and residence for the parties, and that is when problems can start. As well as the paramountcy of the welfare of the child as the guiding principle, parental involvement—direct or indirect—is the relevant test in deciding access and residence. I see the former Minister, my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), in his place. He should be applauded for his efforts in campaigning to secure considerable progress in this field and improving the lot of non-resident parents through the 2014 Act.

My point today is that that standard is too low, as it does not enable a meaningful relationship to be fostered between parent and child. A rebuttable presumption in favour of shared parenting would go further and, as a starting point, actively enable more of that vital, meaningful relationship to be fostered between parent and child, in the event of family breakdown. To be clear, I am not talking about equal parenting. A crude, mathematical, 50:50 division of time is not always practical, desired by the parties, or optimal for the child. Rather, legislation that emphasises the importance of both parents in a child’s life is needed—other than in cases of violence or where the child is not safe, obviously.

Shared parenting is commonplace throughout the world, and operates without difficulty in Sweden, Canada and the US states of Florida and Iowa. Alternatively, Dr Hamish Cameron has suggested that there could be a presumption of the continuity of the previous arrangements. If both parents used to take the child to school, that should be the starting point. If both parents provided equal care, they should continue with that arrangement. Such examples would improve on the parental involvement—direct or indirect—position that we have now. If we are going to continue to tell fathers that they have equal responsibilities, we also need to give them equal opportunities to carry them out.

Secondly, child arrangement orders, which determine the contact and residence of children upon divorce, need to be better enforced. The current enforcement scheme sits alongside the general contempt powers of courts. If satisfied beyond reasonable doubt, courts can refer the parties to a separated parents information programme, vary or make orders for compensation, or commit to prison—remedies that are so rarely applied, it is easy to forget that they actually exist.

Although the majority of orders are complied with, too often they are breached with impunity—usually by the resident parent, due to the reluctance of courts to penalise non-compliance effectively. In 2015, of the 4,654 enforcement applications made to court, a mere 1.2% were successful. I question whether the criminal standard of proof is the right one, when family courts make other decisions, including placement in care or change of residency, on the lower threshold of the balance of probability.

--- Later in debate ---

[John Howell (Henley) (Con)]

I did not intend to speak today, but I feel I ought to comment on the mediation aspect, which has numerous advantages. Of course, any mediation is only as good as the mediator. If we acknowledge that, we can take the collaborative approach of mediation to put together something that is in the interests of the parties involved. There are a couple of other aspects of mediation that I want to bring up. First, it saves a considerable amount of time in dealing with the problems, rather than taking them, perhaps on several occasions, before a judge and expanding on them there. Secondly, it saves a considerable amount of money. I have been trying to get to the bottom of how much money mediation saves, and I think it is a considerable sum.

There is an important overriding aspect, which is that mediation is the best way of ensuring that we deal with the emotions involved. There is no doubt that a divorce is a very emotional time for both parties and for third parties such as children. Mediation can deal with matters in a non-emotional way.

[Andrew Bridgen]

My hon. Friend makes a good point about mediation, but how can it work without guidelines for parents, depending on the age of the children, on what contact might be reasonable and what they might expect? One of the main reasons why conflict over contact with children is so intense is because there are no guidelines on what parents might expect on separation. It is basically the all or nothing rule, so people go into battle and they could come out with nothing or they could come out with complete contact. That is the crux of the problem.

[John Howell]

My hon. Friend makes a valid point. However, there is much more to be gained out of mediation in terms of working out what the arrangements for contact are. I fully accept that that is a major difficulty, but there are many more opportunities for getting it right in a non-emotional way and by trying to take those raw emotions out of the situation than there are in a formal legal battle. That is why I emphasise taking away the difficult emotional aspects through mediation.

Above all, mediation leaves control of the situation in the hands of the parties. It does not take it away and give it to a judge. The parties do not lose control of the process or of how to deal with the children and with access. They retain control. Anyone who sits through a mediation will experience the enormous amount of power that that gives people to be able to decide for themselves, rather than passing it off to a third party. In the session that the all-party group on alternative dispute resolution had on family mediation, that came across strongly as one of the things that should be valued.

[Andrew Bridgen]

I hear what my hon. Friend is saying and I absolutely agree about the parties keeping control over the contact levels they have with their children. Normally in a court that is farmed out to the Children and Family Court Advisory and Support Service, which came out of the family court welfare service. In correspondence with CAFCASS, we have established that in all the time that CAFCASS has been set up, there has never been any training for its main function, which is making recommendations to a court on the allocation of contact time for various parents. How can it be that it has such power, yet it admits to me in correspondence that it has never had any formal guidance, and it does not record the contact that it recommends at various stages? There is no record of the contacts awarded and whether they are right. Also, CAFCASS’s statements are not sworn, so it cannot even be held to account for the recommendations it gives in court.

[John Howell]

My hon. Friend makes the very point that I was making about the difference between that system and the mediation system. Mediators are not people who have no knowledge. They are not appointed off the street. They have spent a large part of their time in office going through training to make sure that they understand the process and the sensitivities of the issues, particularly the emotional sensitivities, and can deal with those in a professional way. Certainly if there any examples of mediators who do not do that, I would like to hear about them, because that is contrary to the whole mediation process, which provides enormous benefits to couples. I say that as a final comment and contribution to the excellent debate that my hon. Friend the Member for Fareham (Suella Fernandes) secured.

--- Later in debate ---

[Andrew Bridgen]

Will the Minister concede that under existing law the resident parent often has a financial incentive to withhold contact from the non-resident parent, because the fewer the nights spent with a non-resident parent, the greater the amount of child maintenance paid over? How do we square that?

[Dr Lee]

I thank my hon. Friend for his intervention. As a constituency MP, of course I recognise examples of the situation he describes. I assure him that I will pass on his concerns to the Minister responsible.

Oral Answers to Questions

Andrew Bridgen Excerpts

Tuesday 31st October 2017 Commons Chamber

[Dominic Raab]

The terms of reference have been set out very clearly. The post-legislative memorandum is wide in scope, and the hon. Lady should feel free to submit any particular points that she wants us to consider. I am obviously not going to pre-empt or prejudice the scope of the review that we have just undertaken.

[Andrew Bridgen (North West Leicestershire) (Con)]

Has my hon. Friend seen any evidence that reductions in legal aid have reduced the cost of litigation in this country? If not, will he look into why the market is not working properly?

[Dominic Raab]

A good many of those issues will be examined by the review. If my hon. Friend would like to write to me with any concerns he has, I would be very happy to look at them.