Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will bring forward legislative proposals to prevent perpetrators of domestic violence from cross-examining in person the victims of that domestic violence and to ensure that contact between those perpetrators and those victims is prevented while they are within court buildings.
Answered by Oliver Heald
We are determined to improve the family justice response to vulnerable witnesses, and victims of domestic abuse in particular.
Family judges have a range of powers to make sure difficult courtroom situations are handled sensitively for vulnerable witnesses, and we continue to work with the judiciary to consider what additional protections may be necessary.
We are particularly concerned about the fact that unrepresented alleged perpetrators of abuse can directly cross-examine their alleged victims in family proceedings. The Lord Chancellor is urgently considering how to put an end to this practice.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many cases in the family courts involved domestic violence in each year from 2010 to 2016.
Answered by Oliver Heald
The information requested is not held centrally.
We are determined to improve the family justice response to vulnerable witnesses and victims of domestic abuse in particular. Family judges have a range of powers to make sure difficult courtroom situations are handled sensitively for vulnerable witnesses and we continue to work with the judiciary to consider what additional protections may be necessary.
We are particularly concerned about the fact that unrepresented alleged perpetrators of abuse can directly cross-examine their alleged victims in family proceedings. The Lord Chancellor is urgently considering how to put an end to this practice.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the timetable is for the introduction of proposals for a British Bill of Rights.
Answered by Oliver Heald
We shall set out our proposals for a Bill of Rights in due course, and we shall of course consult fully on those proposals.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when she plans to Answer Question 49066, tabled on 18 October 2016 by the right hon. Member for Camberwell and Peckham, on the use of compainants' previous sexual history in rape cases.
Answered by Oliver Heald
I can confirm that PQ 49066 was answered on 22nd November 2016.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she plans to review the law on use of complainants' previous sexual history as evidence in rape cases; and if she will make a statement.
Answered by Oliver Heald
This Government is committed to making sure that victims of sexual abuse and rape get the support they need and have the confidence to come forward. The Justice Secretary will be meeting rape support groups later this month to discuss what more we can do to support victims.
Section 41 of the Youth Justice and Criminal Evidence Act 1999 is intended to protect complainants of rape and other serious sexual offences by making clear that evidence of previous sexual history is inadmissible in court unless a strict set of criteria is met. It is right that applications to admit such evidence are determined by the independent judiciary on a case-by-case basis to protect complainants whilst maintaining a defendant’s right to a fair trial.
The Justice Secretary and Attorney General will be looking at how the law is working in practice.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when she expects to bring forward proposals for a British Bill of Rights.
Answered by Oliver Heald
We will set out our proposals for a Bill of Rights in due course. We will consult fully on our proposals.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what his policy is on UK membership of the European Convention on Human Rights; and if he will make a statement.
Answered by Dominic Raab
As I told the House on 26th April, the Government’s position on the European Convention of Human Rights remains clear. We cannot rule out withdrawing forever, but our forthcoming proposals do not include it.
We are confident that we can replace the Human Rights Act with a Bill of Rights and reform our relationship with the Strasbourg Court.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he last discussed the European Convention on Human Rights with the Secretary of State for the Home Department.
Answered by Dominic Raab
This Government was elected with a mandate to reform and modernise the UK human rights framework. We engage with all relevant government departments on a regular basis at Ministerial and official level. Reform of the UK’s human rights framework involves careful consideration within government and our proposals will be published in due course.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what discussions he has had with Cabinet colleagues on the (a) timing of the consultation on the proposed Bill of Rights and associated measures and (b) effect of the purdah of the Scottish Government and dissolution of the Scottish Parliament on that timing.
Answered by Dominic Raab
We are committed to consulting fully on our proposals prior to the introduction of any legislation and will announce further details in due course.
We will adhere to any guidance published by the Cabinet Office in respect of the pre-election periods. We have and will continue to seek to work with the devolved administrations to deliver a modernised and reformed human rights framework for all of the United Kingdom.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to ensure that (a) the consultation period on the proposed repeal of the Human Rights Act 1998 will not fall within the purdah period of the Scottish Parliamentary elections and (b) all devolved administrations will be fully consulted on that proposal.
Answered by Dominic Raab
We are committed to consulting fully on our proposals prior to the introduction of any legislation. We adhere to any guidance published by the Cabinet Office in respect of the pre-election periods.
The government was elected with a mandate to reform and modernise the UK Human Rights Framework. We will engage fully with the devolved administrations, as well as with the public, legal, academic and civil society stakeholders across all of the UK, in the development of this work.