Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 14th May 2024 Commons Chamber

[Gareth Bacon]

I thank my hon. Friend for that sensible question. I agree that community payback offers offenders an opportunity to make visible reparations to their local communities, with millions of hours being delivered each year. As an example, this March, for the great British spring clean, offenders spent thousands of hours clearing litter across the country. We are trialling a new way to deliver community payback through the rapid deployment pilot, which was launched last year. Community payback teams are working in partnership with local authorities to see incidents cleaned up within 48 hours’ notice, and we are now expanding that to all 12 probation regions.

[Jim Shannon (Strangford) (DUP)]

Restorative justice in Northern Ireland has been an effective method of ensuring that victims and perpetrators can at least come together and perhaps try to find a solution. It is also a way of ensuring lesser sentences. Has the Minister been able to look at the community restorative justice that we have done in Northern Ireland to ensure that those on the mainland who offend can have a new life as well?

[Gareth Bacon]

I personally have not, but I gather that Minister of Justice officials are abreast of that. I would like to meet the hon. Gentleman to hear more about that from him personally.

Parc Prison

Jim Shannon Excerpts

Monday 13th May 2024 Commons Chamber

[Edward Argar]

As I set out earlier, although I consider assault rates still to be too high, they are lower than they were in 2015-16 and similar years. It is clear that any assault on a member of staff is one too many. Sadly, assaults occur across the estate, and that is why we are backing our staff with body-worn cameras, and why they have PAVA, for example, which they can deploy when they are at imminent risk.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his answers and helpful suggestions to other Members. What steps can be taken to restore confidence in the safeguarding and access to appropriate medical care for those who are imprisoned in facilities throughout this great United Kingdom of Great Britain and Northern Ireland? An investigation may well conclude that there was no fault, but this matter has certainly raised questions regarding levels of care and access to medical care and facilities.

[Edward Argar]

I am grateful to the hon. Gentleman for his important question. I have set out the steps that we are taking in Parc to train staff to use naloxone in order to buy precious time to enable professional medical services to arrive. Across England and Wales, prisons come under my jurisdiction as Prisons Minister. In Wales, healthcare is devolved; in England, healthcare in prisons is the responsibility of and provided by the NHS. We seek to ensure that prisons have effective and close working relationships, at a macro and operational level, with their local health board or local NHS.

End of Custody Supervised Licence: Extension

Jim Shannon Excerpts

Wednesday 8th May 2024 Commons Chamber

[Mr Speaker]

I hope the Minister will be happy to have a discussion with the MP whose constituency the prison is in, as well.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his answers to all the questions. The scheme was initially designed to allow short-term early release by a matter of days, yet some releases are now early by some 70 days. Does the Minister understand why victims of crime are anxious that so-called “soft crime” criminals are getting an easier time? Victims of crime are told that perpetrators have been released early, so the victims can prepare themselves to see those perpetrators down the town or at the local supermarket, for example, which can be extremely disconcerting, even if it is not unexpected.

[Edward Argar]

Mr Speaker, I reassure you that I was due to be meeting the Member whose constituency HMP Parc is in at this moment in time, but I am here at the Dispatch Box. The meeting has been rescheduled and there is a date in the diary. As I promised at the last oral questions, that meeting has been arranged.

The hon. Member for Strangford (Jim Shannon) is right to highlight that point. Our ECSL protections are significantly more stringent than those used by the Labour party when it ran its scheme for three years. Unlike its scheme, ours allows governors to veto the release of any prisoner when they think early release will create a risk to victims. There are a number of exemptions from the scheme and it allows for rigorous conditions to be placed on the release licence, be it tagging, exclusion zones or curfews. Prisoners will be well aware that if they breach those conditions, which are put in place to protect victims, they will hear the clang of the prison gate and be recalled.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

As it was his birthday yesterday, I call Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Speaker. You are never going to let me forget about my birthday.

I very much thank the Secretary of State for his answers, and for his very clear commitment to physical and skills training. The other important issue is education. If we keep people’s minds and bodies active, they will not wish to offend when they leave prison, so what is being done to help, educationally? Will the Secretary of State share the ideas he clearly has with the equivalent Minister in Northern Ireland?

Prevention of Future Deaths Report: Terance Radford

Jim Shannon Excerpts

Wednesday 20th March 2024 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Ashfield (Lee Anderson) for setting the scene so well, with the compassion and understanding that we expect of him and he has delivered on many occasions. Our sympathies are clearly with the family who are here seeking justice and understanding of what took place. The hon. Member has outlined the case very well, and I just want to make a few comments. It will not take very long, Dame Maria, but I think it is worth putting them on record because of the implications of the case.

I am pleased to see the Minister and the shadow Minister, the hon. Member for Brentford and Isleworth (Ruth Cadbury), here. We seek an understanding of what happened, how it happened and why it will not happen again. That is what I want to speak about.

When I read the details of the case, I was sickened and shocked. My thoughts immediately went to the family of, as the hon. Member described him, a spritely old gentleman, who had holidays planned and was enjoying a full life when it was taken from him by someone who had demonstrated that he had absolutely no regard for human life. To see this early release under curfew has undoubtedly shown, and sown concern about, a major flaw in the process.

The Minister is a compassionate man, who understands the issues. In his response, he will try to answer the questions we all have, and his response to the coroners’ report and recommendations is clear. The family of that gentleman and others in this place have asked how this was allowed to happen in the first place. How could a man who could not be kept under control in prison have been expected to abide by curfew obligations once released? The hon. Member for Ashfield clearly outlined the attitude of the man in prison, what he did, his threats to staff and his destruction of property. The ordinary person would say that he could not understand why this man was ever released, and yet because legislation or guidance did not directly say this, unfortunately, Terance Radford died.

To me, this is an indication of how decisions are made looking at the letter and not the spirit of the law. This was not about justice, compassion and understanding for family. No reasonable person could have determined that the spirit of this curfew option was for people such as this—I do not normally use this word—thug who had set fires and attacked prison guards in custody. Yet there is such a fear of impinging on the human rights of the prisoner that it must be black and white that this is only an option for those for whom it is safe. I firmly believe that we must come away from this fear and instil in our decision makers—in the courts of the land and in the authorities who make decisions—the confidence that judgment can and should be used, and that they will be supported in such decisions.

The lesson of Terance Radford is, I believe, a shame on society. It was a shame and disgrace that Gavin Collins could be released under the scheme. Here today we must ensure that this slavish adherence to the letter of a law, or omission of expressly stated reasoning, is never—and never can be—sound reason for releasing dangerous people on to our streets until we absolutely have no choice to do otherwise. We must have confidence in the law of the land and in the justice that we seek, support and wish for. This lesson is a hard one. It has been hard for the hon. Member for Ashfield to tell his personal story in this room today. It is harder still for Terance’s family, who grieve his loss and the grief of a society who understand how badly we have failed Terance, and them.

Baby Loss: Coroners

Jim Shannon Excerpts

Tuesday 19th March 2024 Westminster Hall

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move,

That this House has considered baby loss and the role of coroners.

I am afraid you have a double dose of me this afternoon, Ms Elliott. That is obviously far too much for the people in the Public Gallery, who have made a surge for the exits.

This short debate will be focused on my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which has been going for quite a while now and remains unfulfilled in one part; that is the purpose of the debate. My Act started in the private Members’ Bill ballot in autumn 2017. It had its Second Reading on 2 February 2018. It passed all its parliamentary stages in February 2019 and passed into law in May 2019, almost five years ago. There were four parts to this historically quite ambitious and complicated private Member’s Bill.

The first part was that the names and details of mothers should appear on marriage certificates, now an electronic record. That came into being in May 2021, since when I have received many grateful thanks from mothers or the husbands of late mothers whose names could be now recorded on marriage records.

The second part was the extension of civil partnerships to opposite-sex couples, which came in on 31 December 2019 and became regulation on the last day of Parliament before the election in 2019. Since then, more than 25,000 happy couples have availed themselves of that facility.

The third part was for the Secretary of State to produce a report on the registration of pregnancy loss. A pregnancy loss committee was set up, and I sat on it. Within the last couple of weeks, baby loss certificates have become a thing and again have gone down very well.

[Jim Shannon (Strangford) (DUP)]

Will the hon. Gentleman give way?

[Tim Loughton]

So early? Of course—how could I resist?

[Jim Shannon]

I congratulate the hon. Gentleman on the four provisions that he brought forward, particularly the pregnancy loss one. It is something that probably all of us have to come to terms with in our family, and it is difficult. It is always a difficult topic to discuss, but the hon. Gentleman is right to bring it forward. As families, we can all feel for those who have lost babies during pregnancy. We feel for our partners, our wives, our mothers, our sisters, and all those who have lost as well. I commend the hon. Gentleman for bringing this forward.

Child Trust Funds

Jim Shannon Excerpts

Tuesday 19th March 2024 Westminster Hall

[Sir Jeremy Quin (Horsham) (Con)]

I beg to move,

That this House has considered Child Trust Fund access for people seeking to manage the finances of others.

It is a pleasure to use this debate to highlight the ongoing issue of disabled young people’s access to their child trust funds and to recognise the good will of the Minister and his Department, but to demand changes that would solve issues for the courts, CTF providers and, above all, the disabled young people and their families. We have the means to secure easy access to funds that rightfully belong to those young people—funds that could prove invaluable but which are being denied to them by a lack of information and processes that may be well-meaning in intent, but are Kafkaesque and off-putting in delivery.

It is a pleasure to move the debate under your chairmanship, Ms Elliott. I am delighted to see the Minister in the Chamber, as I know he is focused on the issue, as well as other hon. Members who have taken a real interest in getting a resolution on the issue.

I would like to pay tribute to my constituent Andrew Turner. Back in September 2020, Andrew found that his disabled son, Mikey, was locked out of his child trust fund. He simply wanted to buy an adapted bike with Mikey’s money, and Mikey’s life-limiting condition meant that time was of the essence. The child trust fund was Mikey’s only financial asset. That should have been the start of a simple process in which a loving parent who looks after his disabled son can use that child’s own funds to enhance the wellbeing of the child. Instead, Mr Turner found that he and thousands of others were required to go to court when the account matured. Such is the complexity that Mr Turner was independently advised that it would be easier and cheaper for him—I hate to say this—to wait until Mikey died, when a simpler process existed to reclaim the money. He was naturally deeply upset. He was also determined to do something about it, not just for Mikey, but others in the same predicament.

[Jim Shannon (Strangford) (DUP)]

I commend the right hon. Gentleman. As I said to him before the debate, I want to give the Northern Ireland perspective. In Northern Ireland, the responsibility for the management of the child trust fund account for a child when there is no person with parental responsibility is transferred to the Share Foundation, which deals with inquiries until the child turns 18. Does he agree it would be a good idea if the responsibility went to relatives in the extended family, such as grandparents, to ensure that they can provide guidance within a familial setting in relation to finances? That would be a simple way of doing it—letting the grandparents or the extended family look after things.

[Sir Jeremy Quin]

I am grateful to the hon. Gentleman for his intervention. I will touch on the circumstances in Northern Ireland, but the fundamental point that unites many people in the Chamber is the desire to get easy access for parents to ensure they do not go through a court process, incurring fees, going through bureaucracy and requiring the support of GPs and social workers, to access what in many cases is an average of about £2,000. It is just too much bureaucracy and work when it is rightfully the asset of their child.

I know many people in the Chamber, not just the hon. Gentleman, take a close interest in the matter and have far more personal experience than me, as parents of children with disabilities. They know that parents of children with disabilities have so much to do. Often that involves struggling to get what is rightfully theirs from Government. That is one area in which Mr Turner felt that progress could be made. The good news is he found a groundswell of support from parents and charities. I would like to thank in particular Contact for its support and Renaissance Legal for its tireless campaigning. There is support from child trust fund providers and, indeed, from the Minister, and yet four years on, we are still nowhere near where we need to be.

I would like to set out the scale of the problem. I will set out what I recognise the Government have attempted to do to mitigate the problem and, lastly, what I believe they should do to go further and largely to resolve it for most families with disabled children. Let us be clear: it is not a new issue. It is very apparent and has been well rehearsed—not only as a result of my constituent’s brilliant campaigning. The Public Accounts Committee looked into the issue last year as part of its analysis of child trust funds. The PAC highlighted a wider problem with CTFs as a whole, but it drew particular attention to access for young people lacking the mental capacity to manage their own savings.

In these circumstances, a family or carer must gain legal authority to access funds that belong to the young person involved. To do so requires an application for a deputyship order to the Court of Protection in England and Wales. For England and Wales, the Ministry of Justice estimates that between 63,000 and 126,000 young people may not have the mental capacity to access and manage their matured CTF when they reach 18. All CTFs will mature between 2020 and 2029. Tens of thousands of young people will therefore be subjected to a prohibitively lengthy, costly and complex process simply to access what is rightfully theirs.

In relation to stand-alone CTF applications, there were just 70 court applications between September 2020 and May 2023, compared with about 27,000 accounts maturing over the same period. The Department, in its Treasury minute responding to the PAC, broadened the scope of applications to include not just stand-alone CTF applications but other assets. However, even on that basis, the number of applications for 16 to 21-year-olds between September 2022 and March 2023 was still only 312. Whichever statistic one chooses to cite, thousands of people are missing out on what is rightfully theirs, because we are not informing them of their rights, and if we do, the process is too complex and too costly for all but a few.

I know that the Minister is a decent man. He put aside time to meet Mr Turner and me on this issue, and I know that he has instructed the Department to engage. I know that he is keen to make it simpler for families and he has ensured that changes have been made. I acknowledge that the MOJ last year moved some of the application online, waiving the fees and creating a toolkit for parents. That is to be welcomed, and I believe it was introduced with excellent intent. However, the process still involves completing 12 forms, including the duplication of a number of forms, and 93 pages. This includes requiring time-pressured GPs or social workers to complete a 21-page mental capacity assessment, which not all are prepared to do. With all the pressures on the families of disabled young people and the associated cost of becoming a deputy, is it surprising that they do not prioritise accessing what are, on average, funds of about £2,000? However, that is £2,000 that could and should be used to the benefit of the disabled child.

I know that the Minister and his team wish to help further, and there is a means to do so readily at hand, already in use and absolutely capable of being advertised and delivered on. It could help to deliver tens of millions of pounds—actuarial analysis suggests up to £73 million—into the hands of those who desperately need it. I thank the chief executives of two child trust funds, OneFamily and Foresters UK, for talking me through their proactive approach, which puts their customers first. Those two funds account for more than half of all CTFs. Very commendably, those providers recognise the problem and are applying a common-sense and pragmatic approach to its resolution. That is in effect using the Department for Work and Pensions appointee scheme—a tried and tested system to enable families to manage their child’s benefit income. It provides adequate protection and is the obvious solution to unlock the savings of disabled young people.

Let us be clear: this is no free-for-all. The providers require evidence that the parent or guardian is a DWP appointee; they require identity checks and confirmation of the child’s capacity. This process is available only in relation to funds under £5,000, and complex cases may still have to go through the courts. However, it has enabled the providers to meet the needs of hundreds of disabled children. There is a problem. Despite following a DWP process, and despite the knowledge that were a DWP appointee to be acting fraudulently there would be far more at stake than a modest child trust fund, this sensible route is frustratingly not officially sanctioned. The financial institutions are commendably going on risk to allow access to the funds. They know that there are far more affected families out there, but as responsible, regulated entities, they do not believe they can advertise their willingness to help in this pragmatic way, which combines existing safeguards with swift access.

Those two leading institutions and others with a similar proactive mindset assist 900 families a year—a significant multiple of the number aided through the court route—but thousands still need support. I therefore have three requests for the Minister that would help to resolve this issue. Will he engage with the DWP to extend the appointee scheme and officially include savings held in CTFs? Will he engage with the finance industry to formalise what is already a successful industry process, and in doing so enable it to advertise that route so that families can take advantage of a simple scheme? Lastly, will he help families to secure basic information about their CTF provider if the account has been lost?

Duty Solicitor Scheme

Jim Shannon Excerpts

Wednesday 13th March 2024 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Member for bringing this debate forward. I spoke to him before we came in today. In 2018, the Law Society stated that there was a “chronic” shortage of duty solicitors, as he has said, and that nearly half were over 50 and due to retire soon. More than a third of all junior solicitors in Northern Ireland are now employed in large firms. Does he agree that more needs to be done to encourage junior solicitors to take up positions in legal aid schemes to ensure that those who cannot afford to choose a solicitor have readily available access in police stations and in the courts as well?

[Kevin Foster]

I can only agree with my friend, the hon. Member for Strangford (Jim Shannon), about encouraging people to go into this area of legal aid. There are issues around legal aid more generally, but in this area, police station interviews, police station duty and the right to representation at a police station all create different challenges from those faced in, for example, providing legal aid in planned settings in the courts, particularly when it comes to timing and advice. Being a duty solicitor is literally about getting a phone call in the early hours of the morning asking to come and attend an interview immediately, while someone waits in custody, and we need to look at how to get more people coming into it.

The overall figures do not show how stark the facts are in some regions. There are literally zero practising criminal law solicitors working in the system aged under 35 in Cornwall, Lincolnshire, Wiltshire and Worcestershire. Not one person who started their legal career in the last 12 years is practising as a criminal law solicitor in those four counties. Other areas are close to that figure, with only one criminal law solicitor aged under 35 in Norfolk, Shropshire and Warwickshire. In Bristol, Cornwall, Devon, East Sussex, Lincolnshire, Wiltshire and Worcestershire, over 60% of criminal law solicitors are aged over 50. The result is that, with expected retirements, rotas will shrink even further, to the point where there is simply no one left to take part.

The National Audit Office recently highlighted that the Ministry of Justice

“has been slow to respond to market sustainability issues”,

and the Law Society for England and Wales echoes that view. We simply cannot wait until the final generation of criminal lawyers retires to start tackling the issue, not least as those starting law degrees today will be at least five years away from being able to fully practise. To tackle the issue of people retiring in five years’ time, we need to start now.

The issue of the duty solicitor scheme also links to one of the biggest achievements of Boris Johnson’s premiership: putting in place plans to recruit an additional 20,000 police officers as part of the national uplift programme, which has now been delivered. Extra police officers means more issues dealt with, more crimes detected, more suspects to be interviewed and more cases before the courts. It is estimated, based on a National Audit Office report, that an extra 729,000 cases could be set to enter the criminal justice system by 2030 because of the extra 20,000 police officers. A lot of cases will not necessarily require full police interviews. Some might be dealt with by other forms of disposal, but we need to think about the extra demand.

What happens if a police station cannot find a duty solicitor? First, the police might be forced to release a suspect as they cannot interview them without a legal representative. The freshness of evidence might be lost. Even the potential for early admissions, which would make the process a lot easier for victims, might similarly be lost. The pressure builds on police station cells and local court backlogs if they are waiting for a duty solicitor to attend, and victims will be forced to wait longer for justice. We might even find that innocent bystanders arrested in error will have to wait longer before they can be released.

The impact continues once a case gets to court. Nearly half of defendants appearing in the magistrates courts on imprisonable summary offences did not have legal representation recorded on their case in the first half of 2023. That figure rose from 35% during 2022.

One response to the current situation has been consolidation, with criminal defence lawyers and practices becoming part of specialist firms, rather than being departments of larger multidisciplinary teams, but that is not without its own issues. As one criminal defence solicitor working in the south-west region put it:

“The truth is that the local rota is reduced to 9 or 10 people grouped in 4 firms…The 4 firms are crime only and there are no mixed practices who do any duty work or any quantity of criminal work. The consequence of this is that each Solicitor has a 24 hour duty slot every 10 days as well as the duty slots at the court 4 days per week and remand duties over video link 5 days per week which means there is some duty every day.”

It is not clear whether that is physically sustainable, but consolidation has also produced another impact, which may be less visible. That was stated as:

“Another difficulty is with conflicts as once the four firms are used up, there is no one that the fifth defendant on the case can seek advice from. We are starting therefore to get justice deserts in various parts of the country including our own.”

Also, consolidation will remove any form of choice. Most people accept that, while there might not be wide choice around legal aid, the ability to have some choice, particularly when their liberty is on the line, is still important.

It is easy to outline problems, but we also need to look at solutions. In the short-term, we need to stop experienced lawyers leaving duty work for other, more rewarding areas of legal practice, or simply to areas where they do not have the rota obligations. As the Law Society has pointed out, criminal legal aid rates have not really increased since the mid-1990s, while most other areas of law have been able to determine their rate based on the market. The Minister will know that, back in 2022, the independent review of criminal legal aid took place. However, the Government rejected the central recommendation of an immediate increase in rates of 15% as the first step, and instead implemented a 9% rise, which would eventually rise to 11%. Since then, practitioners have continued to leave the system, and the change does not appear to have produced a recovery in duty solicitor numbers. The Minister will be aware of the judicial review, which found back in January that the decisions had been irrational and should be retaken.

To halt the decline and potential collapse of the system, it is clear that the Government must implement the recommendations of the report, particularly given the impact of inflation on the profession since the report was published in 2021. It should be noted that criminal legal aid firms undertake a range of work, so actions should be taken as a package rather than as individual items. Even that will not change the longer-term picture. Quite clearly, we need a strategy to make working in our criminal justice system more rewarding, with specific measures to encourage those learning law at university to train for the duty solicitor scheme when they graduate.

There is not time in this debate to go into all the nuanced details around creating a public defender system akin to the Crown Prosecution Service, which effectively is a nationalisation of prosecution work. It is not a simple thing to do and could be fraught with challenges, in particular around maintaining independence from the state, which will of course be pursuing criminal charges against the individuals seeking to be represented. Like the current duty solicitor scheme, it could find itself struggling to attract the resources and human capital it needs. Yet the Government should consider how they can incentivise new lawyers to train specifically for criminal law work, especially in police station and duty solicitor roles.

Given what I have outlined, there are some specific points to which I would appreciate hearing the Minister’s response. First, what is the Government’s planned response to the recent High Court ruling and its clear findings on the duty solicitor scheme? Secondly, will the Government recognise the crisis in the duty solicitor scheme and put in place the fee increases that its own commissioned review said are needed to prevent the system’s collapse? Thirdly, given the urgent need for more training for this work to prevent the rota from disappearing over the coming decade, has the Minister given any thought to incentives such as a golden hello or funded training package, which could come with requirements to be on the rota for a set number of years? That could be like the packages we see in, for example, the armed forces and other areas of public service, where people are funded to be trained to do a particular job and then have to accept a commitment to do it for the public benefit. Finally, with few entering the profession in recent years, how will the Government support training to ensure capacity while still having criminal lawyers delivering the rota?

As someone who once worked as a criminal lawyer funded by legal aid, there is a lot more I could say about this issue, but time is limited. I said at the start that the duty solicitor scheme lies at the heart of our criminal justice system. It cannot operate without the scheme, yet it is ageing and more people are leaving. This is about ensuring that victims can get timely justice, that miscarriages are avoided and that cases proceed quickly and effectively, for the benefit of all involved. Without urgent investment and action on our duty solicitor scheme, none of those things can happen.

Presumption of Parental Involvement in Child Arrangements

Jim Shannon Excerpts

Wednesday 13th March 2024 Commons Chamber

[Kate Kniveton]

I thank my right hon. Friend.

Despite the landmark ruling that I achieved, my time within the family court system was far from over. Despite the Court confirming that my child’s father was abusive and a rapist, it was decided that contact should continue through a contact centre and that I should pay for 50% of the cost of that contact. I could not believe that anyone felt my child, whom I had been fighting to protect, would benefit from further contact with such an abusive and violent man, and that I—someone who had been subjected to that violent behaviour—should not only facilitate that contact but pay towards it.

Thankfully, after further costly and lengthy legal proceedings, a ruling was made to overturn that decision. Hopefully that has set a precedent that a victim of rape should not have to subsidise the rapist’s costs of contact.

Despite the public reporting of my case, I was not able to speak freely of my experiences until the final decision was made. However, after a gruelling five years, a ruling was delivered last month that confirmed that Andrew Griffiths, the former MP and Minister, should no longer be allowed contact with his child—my child. I had finally achieved a ruling after making the case that the man who had abused me over a 10-year period was not safe to have contact with our child.

I am really thankful that those proceedings have now concluded and, although I am traumatised not just by the 10 years of abuse I experienced at the hands of my ex-husband but by the following five years in which he continued to use the legal system to abuse me, I will not hesitate to tell my story and to try to make the changes that will help other women protect their children.

These were landmark rulings because, until now, other victims of domestic abuse, violence and rape have not been able to offer protection to their children in the same way or to talk about their family court experiences. Having lived with the thought of the prospect for many years, I can only imagine what it feels like to hand your child over to someone who has caused you, and continues to cause you, so much harm.

I stand in the Chamber today as a supposed winner, congratulated on succeeding against my ex-husband, but quite frankly I stand here drained financially and emotionally. I am not sure this is what people believe winning feels like, but I know what the alternative must feel like and I will do all I can to stand beside those fighting for their children’s safety. I want to give them hope that this Government recognise the problems in the family court and are determined to help.

[Jim Shannon (Strangford) (DUP)]

I spoke to the hon. Lady beforehand, and I thank her for using this platform to tell her personal story. It takes real bravery to stand up and speak about an issue that not only means something to her but that she has lived through. She has shown exceptional courage in doing so, and we all admire her for it.

I come to the crux of my intervention, which we discussed beforehand. In so many cases, victims of domestic abuse are absolutely terrified about speaking up. There must be more encouragement from our Ministers, our Government and our fellow MPs to ensure that the trauma is not prolonged and that women feel supported to speak up and, in doing so, tell others in similar situations that they are not alone. I say to the hon. Lady, you can be sure that you are not alone.

[Kate Kniveton]

I thank my hon. Friend, and I absolutely agree with his point. Domestic abuse is something that happens behind closed doors. If people do not speak out about it, perpetrators will know that it is going to stay behind closed doors. That is why I agreed to the publication of my judgment, in the hope that it will encourage more people to speak out and that it will help future victims and survivors.

I am proud of the work that the Government have done, and I am proud that my party introduced the Domestic Abuse Act 2021, which is an incredibly important piece of legislation. The Act provides much-needed clarity that domestic abuse comes in many forms and can be financial, verbal and emotional, as well as physical and sexual. It also recognises that abuse can be a result of patterns over time. The definition also explicitly recognises children as victims if they witness that abuse.

The Act allowed for a Domestic Abuse Commissioner to be appointed to stand up for victims and survivors. I pay tribute to the work of the commissioner, Nicole Jacobs, and her team, who work tirelessly to stand up for victims and survivors; to raise public awareness; and to monitor the response of local authorities, the justice system and other statutory agencies, and hold them to account in tackling domestic abuse. I am grateful for the chance I have had to work with the commissioner and contribute to her report on achieving cultural change in the family court.

Beyond the Domestic Abuse Act, the Government have continued to listen and learn from the experiences of domestic abuse victims. In May 2019, the Government announced an expert panel to look at how the family courts protect children and victims in child arrangement cases relating to domestic abuse and other serious offences. The panel’s final report, “Assessing Risk of Harm to Children and Parents in Private Law Children Cases”, was published in June 2020. It raised concerns about

“how the family court system recognises and responds to allegations of, and proven harm to children and victim parents in private law children proceedings.”

It stated:

“Submissions highlighted a feeling that abuse is systematically minimised, ranging from children’s voices not being heard, allegations being ignored, dismissed or disbelieved, to inadequate assessment of risk, traumatic court processes, perceived unsafe child arrangements, and abusers exercising continued control through repeat litigation and the threat of repeat litigation.”

The report said that these issues were underpinned by a number of themes, including a “pro-contact culture”.

That report was released almost four years ago. Let us ignore for a second the fact that at the heart of this, the report confirms that victims of domestic abuse are being further traumatised by the court process, and let us look instead at the potential harm to children. Their voices are not being heard, there is inadequate assessment of risk and there are unsafe child arrangements. Perhaps in his response, the Minister might consider how much harm to children has taken place in the four years since those findings were released.

The report echoes many of the experiences the women who have contacted me have shared. It said that

“respondents felt there was little difference in the orders made between cases that did and did not feature domestic abuse”

and that the courts

“almost always ordered some form of contact, frequently unrestricted, and usually without requiring an alleged abuser to address their behaviour”.

It also said:

“Respondents felt that orders made by the court had enabled the continued control of children and adult victims of domestic abuse by alleged abusers, as well as the continued abuse of victims and children.”

It went on to say that respondents “raised concerns” that PD12J, the practice direction that sets out what the court should do in any case in which domestic abuse is alleged or admitted,

“is not operating as intended and is being implemented inconsistently”.

Regarding the presumption of parental involvement specifically, many mothers felt that the presumption

“gave the abusive parent power over the non-abusive parent and the children, and a legal weapon the abuser could use at will”.

They also felt it put a misplaced emphasis on the child’s right to a relationship with both parents, and the father’s right to family life, above the child’s welfare and right to be safe from abuse and its effects. The report said:

“Overall, the evidence received by the panel suggests that the presumption is implemented inconsistently and is rarely disapplied. To the extent that the courts’ pro-contact culture operates as a barrier to addressing domestic abuse, it serves to reinforce that culture.”

It recommended that:

“A review of the presumption of parental involvement…is needed urgently in order to address its detrimental effects.”

An urgent review is needed. It is urgent because of the risk of harm to children, yet almost four years on we are still waiting to hear about that review. The Government had originally expected to complete the review by the summer of 2021. I met the then Justice Secretary in 2021 and offered my support to his team to help them make the positive changes needed. In early 2022, I was advised that the review had been delayed by covid-19, but I was reassured that good progress was being made in taking the work forward. When I raised the matter in this House in early 2023, I was advised that the response to the review would be published

“very soon—as soon as we can do so.”—[Official Report, 21 February 2023; Vol. 728, c. 121.]

In mid-2023, in a further update from the Justice Secretary, I was advised that it had taken longer than expected but that the report would be published later that year. In a response to a parliamentary question in November 2023, the Minister advised that it would be published in early 2024.

How many court hearings involving children at risk of abuse have taken place over the years while we have been waiting for the review? A horrifying example of two children, who were murdered by their father after it was ruled that it was in their interests to maintain contact with him, was raised previously in the House. In responding to a question about that case, the Justice Minister, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), explained that:

“The review has to be carefully considered, because of the complexities of parental involvement”.—[Official Report, 16 May 2023; Vol. 732, c. 690.]

That feels like we are prioritising the needs of the abuser again.

While we await the review, why do we not prioritise the safety of the child and change the presumption? Where there has been a history of harm, the onus should be on the abusive parent to prove that they should have the contact, not the other way around. Imagine someone having the courage to escape a relationship, to keep themself and their children safe, and putting their trust in our legal system to continue those protections, only to find that they are locked in a further battle with a court that prioritises the right of an abuser to see their child over the safety of the child itself.

Despite everything I have been through, I know that I am lucky. Many would give anything to have received the judgment I did. I am grateful to have had a fantastic legal team: Melanie Bridgen, my solicitor, and Charlotte Proudman, my barrister. Dr Proudman is an incredible advocate on behalf of survivors of domestic abuse and founded the organisation Right to Equality, which is also campaigning for a change in this pro-contact culture.

Right to Equality states:

“Family law reinforces a cultural and legal norm of parental responsibility for both parents, even in cases involving rape and murder by parents, often fathers. This approach fails to adequately consider the safety and well-being of survivors and their children, perpetuating an environment that can place them at risk. Under statute, a married father can never have his parental responsibility removed even if he killed the child’s mother or violently assaulted the child.”

Many case law examples show how survivors’ pleas for protective measures are disregarded and highlight the need for the Government’s urgent attention to fix our statute book.

Research conducted by a team led by the University of Manchester spoke to 45 mothers of 77 children, all of whom reported experiencing abuse. Perhaps the most alarming finding of that study was that 75 out of 77 children were forced into contact with fathers they had reported for abuse, even in cases involving sex abuse convictions. This Government, which has done so much for victims of domestic abuse, need to fix the existing statutory and de facto presumption of child contact at all costs. I urge the Minister to bring forward the review without further delay, to bring about legislative change that creates a safer environment for children and to support a presumption of no child contact in cases where domestic abuse is a relevant factor.

The Minister’s review did not come quickly enough to help me, and I too was dangerously close to being let down by our legal system. Through using every penny I could get my hands on, and every ounce of resilience I could muster to stand in court and repeatedly tell my story, I was able to achieve a landmark ruling. It should not be the exception that only my child has protection from a man found by a court to have committed multiple accounts of rape and abuse against the mother. That should be the standard.

It should send a clear message to those who carry out acts of abuse that it does not matter whether they are an MP or have any other public profile: if they are found by a court to have raped or abused the parent of their child, they are no longer entitled to assume that that child will benefit from contact with them. I ask the Minister today to reform that presumption urgently. Contact should be earned; it should not be given to abusers.

Prisons and Probation: Foreign National Offenders

Jim Shannon Excerpts

Tuesday 12th March 2024 Commons Chamber

[Alex Chalk]

I am very grateful to my hon. Friend for raising that point. Probation is critical and I have made a point since coming into this role of speaking not only to senior probation officers, important though they are, but to probation officers on the frontline. That has been an incredibly instructive experience. One I spoke to in Luton and Dunstable told me that the measures we have taken to roll out 12 weeks’ guaranteed accommodation were the most significant steps that any Government had taken in the 30 years he had been a probation officer. The reset I referred to will follow evidence, not emotion. In other words, it will allow probation officers to calibrate and prioritise their resource to those parts of the licence period where reoffending is most likely to take place. That is common sense and it follows the evidence. Ultimately, measures such as that are why reoffending has gone down from 31% to 25%, thus saving a number of people from being victims of crime in the first place.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for a comprehensive response, as always; he is certainly across his subject. It is great that action has been taken to ease prisoner overcrowding. An element of concern must, however, be expressed at the thought of criminals being released early, even though their crimes are being deemed “low level”. What procedure will be followed to ensure that those being considered for early release pose absolutely no threat to the public? What is the Minister’s plan should one reoffend upon release?

[Alex Chalk]

I thank the hon. Gentleman for raising that matter because it is important that we in this House, no matter where we sit, ensure that a clear and accurate message goes to the public. The people who are out will be out on conditions. If a condition is breached—this is not necessarily about committing an offence—not only will they be recalled for the period of the end of custody supervised licence, but they could be recalled for the entire balance of their sentence. That is an important point to understand. We could be talking about a contact condition, a residence condition, a co-operate with probation condition or a “not to go to Strangford town centre” condition. These things are important conditions to ensure that the public are protected and society is kept safe.