Divorce, Dissolution and Separation Bill [Lords]

Debate between Fiona Bruce and Alex Cunningham

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Wednesday 17th June 2020 Commons Chamber

[Fiona Bruce]

In my view, it is important to ensure that service is recorded. Service can be made by someone who professionally serves notice and then registers that fact at court. At present, the process of service has to be evidenced before the divorce proceeding process continues any further. All I am asking is that we have the same regulations now.

Even the Law Society, which supports the broad principles of the Bill—to my regret, as I am a member—is supportive of both parties having the same minimum period, so this is a very serious point, which needs to be addressed. As it stands, the 20-week period starting on application is, I believe, defended by Ministers because it makes the process simple. However, in this Bill’s simplicity lies its harshness or, as the noble and learned Baroness Deech has said in another place, its brutality. The shock for many people of being divorced within six months will be hard enough. The shock of being divorced in little over six weeks would be wholly unjust.

The Lord Chancellor has said that he will work with the Family Procedure Rule Committee to address this point. I await the Minister’s reassurance on this, which will need to be very strong to counter my view that this amendment to protect vulnerable respondents needs to be on the face of the Bill.

I now turn briefly to amendments 3 and 5 and new clause 2. Amendments 3 and 5 would ensure that there are no discussions about financial settlements in the 20-week period— or ideally, a longer period if amendment 1 is passed—unless both parties agree, or there is an application to court for interim maintenance and financial injunctions. The point of these amendments is that they give a breathing space for the parties to dialogue. Sadly, there is no requirement for this in the Bill—a litigation- free period in which it is hoped the parties may take counsel and try to establish whether they could be reconciled.

New clause 2 would require the Government to report annually on the impact of this Bill on divorce applications and marriage support. It would require them to report to this place on the impact of the Bill and, importantly, on those who are vulnerable, whether financially or otherwise, including children, and, equally importantly, on the availability and take-up of counselling and support services for those involved in divorce proceedings across the country.

In conclusion, as I am sure colleagues will now be aware, I fundamentally oppose this Bill. It does not promote fairness or justice, as I have sought to explain. What is fair or just about someone being able to just walk swiftly away from their relationship responsibilities, especially if children are involved, with no dialogue and without being held to account? Nothing in this Bill will help to reduce the inherent pain of the ending of so many relationships—of the rejection, the loss, the severance of a relationship that started with so many high hopes. This is a sad day for this House and my saddest in 10 years here.

[Alex Cunningham (Stockton North) (Lab)]

Put simply, Labour supports this Bill. It is in line with Labour party policy. It sends the right message, we believe, many years later than it should have arrived in this place.

We support reforming some of the archaic and outdated hoops that people have to jump through if they want their marriage to end. People who may never have sought or needed a divorce may not know that there is currently no such thing as a no-fault divorce and that one of the parties must be “to blame” for a relationship ending. They may not know that if there is no blame to be laid, people must spend two years separated before they can file for divorce. They may not know that if one of the parties objects to divorce, the other must remain married to them for five years. That is why we hope that Ministers will reject amendment 1. I will turn specifically to that soon.

Marriage is supposed to be a happy and special occasion where two people come together in front of their loved ones and commit themselves to each other, and then set up their lives together. But we would be naive to think that all marriages will last forever. People change and life changes. Something that may have once seemed perfect will not necessarily be that way forever. There is no reason why, in situations where there is no fault, two people should be forced into a hostile situation where they have to find blame, keeping them married for long periods and preventing them from moving on with their lives.

[Alex Cunningham]

I think that is a matter for the individuals involved. Adults who are embarking on divorce are supposedly mature people and they should be able to sort these things out for themselves. If they want to blame somebody for some reason, that is very much a matter for them.

It is right that this Parliament is taking action to bring divorce law into the 21st century and recognise that in many cases there is no blame—there is just no desire to be together any more. We should be facilitating peaceful endings of marriages where that is possible. I am pleased that this Bill makes excellent moves towards achieving that.

Yet the Opposition have identified several related matters that we felt needed to be heard and considered. From the list of amendments, I see that some Conservative Members also felt that some changes were needed. I plan to address these in turn. Amendment 1 would extend the minimum legal period for a divorce from the six months in the Bill to a year. Wo did not see what value or benefit this would provide; it would simply force two people together for longer than they need to be.

[Fiona Bruce]

I do not know whether the hon. Gentleman listened to my speech when I was talking about the opportunity for more time to discuss potential reconciliation.

[Alex Cunningham]

I think that when people embark on divorce proceedings, it is not because they have just changed their mind overnight—relationships break down over a long period and they get to that point. So extending the period anywhere beyond six months does not serve any great further purpose.

I know that it is up to the Government to defend their Bill, but we hope that Ministers will not give way on this issue. Amendment 1 is not within the spirit of the Bill, and it fails to recognise that, by the time a married couple reach the stage of deciding to file for a divorce, they have already made their decision. It is highly unlikely that they will change their minds simply because they have to wait longer for the divorce to be finalised. We are talking about adults—adults who were deemed to have the ability to consent to get married in the first place, and adults who still have the capacity to consent to end that marriage.

Reducing Health Inequality

Debate between Fiona Bruce and Alex Cunningham

Thursday 24th November 2016 Commons Chamber

[Fiona Bruce (Congleton) (Con)]

On the doorstep of No. 10, our Prime Minister, taking up her leadership mantle, gave an inspirational social justice speech, aimed at ensuring that we reduce health inequalities, including by addressing the stark realities of the mental health challenges that so many families in our communities live with daily. I want to speak about that, about the importance of healthy early relationships in life—even beginning before birth—and about the mental health challenges that can be involved. I would like to conclude with a reference to the implications of alcohol harm, wearing my hat as the chair of the all-party parliamentary group on alcohol harm.

Building healthy relationships—beginning before birth—and establishing them in our earliest years as building blocks in our family and community life are absolutely key for the prevention and reduction of mental health problems in childhood and throughout later life. That starts in the womb.

Let me commence by setting out some key facts from the early lives of our children here in the UK. Depression and anxiety affect from 10 to 15 of every 100 pregnant women. Over a third of domestic violence begins in pregnancy. One million children in the UK suffer from problems such as attention deficit hyperactivity disorder, conduct disorder, emotional problems and vulnerability to chronic illness, which are increased by antenatal depression, anxiety and stress. The UK has the world’s worst record for breastfeeding. Some 50% of three-year-olds experience family breakdown. Some 15,700 under-twos live in families classed as homeless.

By addressing some of those social determinants of health inequality, beginning even before birth, we could help exponentially, in terms of not just the physical but the mental health of so many of our young people, and that help would last their whole life long. We need to support our youngest, so that we can increase their life chances and reduce the health inequalities that get in the way of their achieving their full potential.

Points on the compass of scientific advancement are increasingly showing us the direction of travel in terms of the social determinants of health, and they significantly point towards the experiences of bump, birth and beyond. The top policy recommendation in Marmot’s “Fair Society, Healthy Lives” report, which was referred to by the hon. Member for Glasgow East (Natalie McGarry), and which was published as long ago as February 2010, was to give every child the best start in life. The “1001 Critical Days” manifesto, which is the UK’s only children’s manifesto with the support of eight political parties, was launched three years ago in response to that report.

A child’s development is mainly influenced initially by their primary care giver—usually their mother but often their father—and by others who are engaged with helping with their parenting. Parenting begins before birth. We have known for a long time that how we turn out depends on our genes and on our environment. Scientists now realise that the influence of the environment begins in the womb, and how the mother feels during her pregnancy can change that environment and have a lasting effect on the development of the child. So we all need to support and look after pregnant women, for their sake and that of future generations.

A stable and secure home learning environment is critical in the early months. Children, right from their infancy, need to be protected, nourished, and stimulated to think and explore and to communicate and interact with their parents and others. Babies are primed to be in relationships, and their earliest relationships really matter for the “ABC, 123” building blocks that lead to school-readiness. A young child’s earliest relationships develop their social brain, which will influence their later life. Eighty per cent. of our brain significantly develops in the earliest years and through our earliest relationships. I am focusing on that because it shows that healthy relationships really matter for our health and well being throughout life.

[Alex Cunningham]

I know we are trying to make this a non-partisan debate, but does the hon. Lady recognise that all the things she is talking about require resources? Some of our most needy communities have seen a loss of those resources in recent times, and we need to do something to redress that.

[Fiona Bruce]

I thank the hon. Gentleman for that intervention.

We need to focus on the fact that learning about and enjoying healthy relationships is a key determinant of future health, both physical and mental. Between 1.3 million and 2.5 million years of lives are lost as a result of health inequality in England. Many children never reach their potential throughout their life partly because of a lack of healthy relationships in their early years. Relationship breakdown is a significant driver of poverty and health inequality. A comprehensive cross-departmental strategy to combat health inequality must include measures to strengthen healthy relationships and combat relationship breakdown, which is at epidemic levels in our country.

I am chair of a mental health charity for children in my constituency called Visyon, which is overwhelmed by requests on behalf of children as young as four. When I asked its CEO how many of the problems of the children it helps are the result of poor early relationships in the home, he looked at me and said, “Virtually all of them.” This is an absolutely critical factor in a child’s early development and healthy life, particularly in relation to mental health. Interestingly, a wide-ranging survey by the Marriage Foundation published in May 2016, involving thousands of young people, found a noticeable difference between the self-esteem levels of children who were brought up in stable households and those who were not. Self-esteem acts as a predictor of a range of real-world consequences in later life.

When relationships break down, as they do in all socioeconomic groups, it disproportionately affects children in low-income families because they are less resilient in combating the impact. Half of all children in the 20% of communities that are least advantaged now no longer live in a home where they have healthy relationships—where, for example, both parents are still with them by the time they start school. I am not saying that a child cannot have a healthy relationship with one parent or another, but it is important that we grasp this nettle and appreciate that healthy relationships with a range of people—including, ideally, a mother and a father—are good predictors of early health. We should support that, and the Government and Health Ministers should be brave enough to tackle the issue. For too long, Ministers have shied away from looking at healthy relationships, yet we are happy to help and educate young people about how to build healthy bodies for physical health in life.

Relationship breakdown is a root cause of poverty. When relationship breakdown happens, households often suffer dramatic income reductions. There is also an impact with regard to infant mortality rates, hospital admissions and mothers in poor health.

I agree that we need more funding to strengthen relationships, to provide the early support that is needed in many different ways. We need to consider extending children’s centres so that they can become family hubs that provide support for the whole family. The recent report of the all-party parliamentary group on children’s centres, of which I am the chair, made that recommendation. We need to look at the availability of couple relationship advice, not just parenting advice. Sex and relationship education lessons in schools need a much stronger focus on relationship education. We need to provide a family services transformation fund, so that local authorities can share best practice. We need to do all of that to ensure that we give children the best start in life, and in particular to tackle the serious challenge of the mental health problems experienced by so many schoolchildren. So many headteachers say that it is a major issue with which they have to grapple.

In the final part of my speech, I want to refer to the different but not entirely linked issue of alcohol harm. I say that it is not entirely linked because people who experience or fall into addiction are often looking for a source of comfort in life that is missing from their relationships. I am not saying that it is not right to enjoy drinking, but it needs to be healthy drinking. Alcohol harm is a major issue in our society and I do not believe that the Government are doing enough to address it.

The Government must do more to tackle health inequality. For example, in January the chief medical officer published her recommendation that it is wisest for women not to drink during pregnancy. Pregnant women are advised to make that choice, yet there has been wholly inadequate publicity for that recommendation. I speak as the vice-chair of the all-party parliamentary group on foetal alcohol spectrum disorder. We have heard heartrending evidence of the impact of alcohol on children’s lives, including their physical and mental wellbeing. It is particularly important to note that, according to the evidence that we have heard, women’s bodies tolerate alcohol at different levels, which is why the best advice is to not drink at all during pregnancy. I challenge Health Ministers, particularly in the run-up to Christmas, to get that message out so that pregnant women hear it and can make that choice.

Alcohol harm impacts on the health not just of the individual, but of those around them. One in five children under the age of one live with a parent who drinks hazardously. Alcohol is implicated in 25% to 33% of child abuse cases, and it generates a substantial bill for UK taxpayers with regard to the impact on emergency services. The all-party parliamentary group on alcohol harm will publish a report on that on 6 December, and I am pleased that my hon. Friend the Member for Totnes (Dr Wollaston) has contributed to it. I hope hon. Members will take note of it, because alcohol abuse has a disproportionate impact not only on emergency services, but on the number of accidents and fires in the home. The report will spell that out. The charity Balance has shown that between 2014 and 2015, the rate of alcohol-related admissions in England from the most deprived decile was more than five times greater than the rate for those from the least deprived decile. That puts pressure on already burdened systems.

I want to finish with a point that now arises continually in my work on alcohol harm, namely the impact of cheap alcohol. Let me tell Members a fact that may surprise or even shock them; it shocked me when I first heard it. For the cost of a cinema ticket, it is possible to buy almost 7.5 litres of high-strength white cider, containing as much alcohol as 53 shots of vodka. Many homeless people, and many people who are in a vulnerable state in life, are drinking that product, which has been likened to a death sentence. In the hostels run by the homeless charity Thames Reach, 78% of deaths were attributed to high-strength alcohol. Not for the first time, I urge Ministers, for the sake of the health of the most vulnerable in society, to consider a minimum unit price for all alcoholic drinks. That is a targeted and effective intervention that would save lives and reduce health inequalities considerably. Potentially, according to the Institute of Alcohol Studies, eight out of 10 lives saved as a result would be from the lowest income groups.

We need better education to inform young people about the effects of alcohol harm, so that they can make better choices and so impact on their own health. We need improved alcohol treatment services because they are inadequate. More than half of drug addicts receive treatment, but only one sixteenth of alcohol dependants do. We need to invest more in recovery for those who are suffering the effects of alcohol addiction and harm. We need better and more effective alcoholism diagnosis in our hospitals and better rehab programmes. We need to support education better to help people not to fall into such difficulties in the first place.