Family Justice Reform

Jim Shannon Excerpts

Wednesday 15th November 2017 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Fareham (Suella Fernandes) on setting out such an effective case. When researching this subject, I was very conscious of its complexity—she referred to that—and I want to look at a couple of points in particular. The scope of the debate far outweighs the allocation of time that we have to explore, discuss and come to conclusions, but it is an opportunity to put down some markers on constituency cases that need consideration. I am pleased to see the Minister in his place and, as always, I look forward to his comprehensive reply.

I mainly work in my Ards constituency office, with four female members of staff. There is one male and another female staff member in one of my other offices. It is hard to believe that there are so many women in what the media has made out to be a male-dominated world—in my office, they outnumber us by three to one, and that is the way life is. During a recent coffee break conversation, some of my staff highlighted to me a legal issue they had dealt with, which I want to put on record—it is one of two things I want to put on record in Hansard today.

Northern Ireland, and I suspect other parts of the country, has very little legal protection or standing for those who are common-law partners. A lot of people have the perception that common law gives the same protection as a marriage licence, but that is not the case. It was only when that came to my attention through my constituency office that I recognised that this is an anomaly that needs to be addressed, and I want to present that case today. What I found surprised me, but it is certainly the case, and the Northern Ireland Direct website provides further information:

“Most people think that after they’ve been living with their partner for a couple of years, they become ‘common law husband and wife’ with the same rights as married couples. This is not the case. There is no such thing as ‘common law marriage’. In fact, couples who live together, also called co-habitants, have hardly any of the same rights as married couples or civil partners. Legal and financial problems can arise if you decide to separate, or if one of you dies. And while you do have legal protection in some areas, you should take steps to protect yourself and your partner.”

The website is clear and makes people aware of that, but the fact is that people do not look at those things unless the need arises.

In my office, we have had a couple of examples of people who have been together for a long time, and I would like to give an example without mentioning any names or circumstances. Let us take a couple who have lived together for 10 years. The lady moves into the man’s home and begins to pay into the house. Her name is not on the deed, and therefore there is little protection. I put it to the Minister that that should not be the case. I can understand that when there is a short-term relationship that does not work out, but not in cases where partners are co-habiting for years. They have no legal protection whatever. It is up to us to step up and put in place those protections.

[Tim Loughton]

The hon. Gentleman is making a very good point, which I make in my forthcoming private Member’s Bill about extending civil partnerships to opposite-sex couples. There are 3 million couples in this country living in the circumstances he describes, more than half of whom have children, who have no rights—financial, tax or inheritance, and so on. I hope he will support my Bill, which would extend the rights that married couples have to couples who do not want to enter a formal marriage. That relationship could be recognised by the state and they could be given all those rights through extending civil partnerships.

[Jim Shannon]

I thank the hon. Gentleman for his intervention and explanation. There is no reason why we cannot support that—indeed, I am going to say those things right now. I fully support what he has put forward.

In the example of the lady who moved in and paid into a mortgage, everything in her relationship was in the name of her partner—their house, their car and every other loan they took out. At the end of the relationship, which ended through no fault of her own, she ended up with absolutely nothing. I find that quite annoying, and I want to put that on record. There should be no young woman or man who has paid off someone else’s mortgage, only to receive marching orders because the grass is greener on the other side.

I ask the Minister to consider working with all the devolved Assemblies—as long as we have a Northern Ireland Assembly, of course—to tighten up protection and responsibilities for long-term co-habiting partners. At the very least, people should be made aware that the common-law principle is a myth. When they chose to move in with someone rather than to formalise their choice, they are left open, and legal redress is a long and drawn-out process. There is a process, but it is laborious, convoluted and difficult to see through. In my introduction, I said how complex the situation is; the stories of the people who come to tell me what they have had to go through to try to get to the end of the road are quite unbelievable.

People can prove they have lived in a house through direct debits and other bills that they pay, but that process should not be difficult or open to badness—if I can use that terminology—from one partner, leaving the other partner homeless and hopeless.

[Ian C. Lucas]

The hon. Gentleman is making a compelling case. There is a horrible consensus emerging in the debate, particularly on common-law marriage. The idea emerged from I know not where, but it has never ever existed. The other important aspect is that the whole process is hideously expensive. For someone to establish their rights through the courts, which may be possible through a resulting trust or a constructive trust, is impossibly expensive for most ordinary people.

--- Later in debate ---

[Jim Shannon]

I am glad that the hon. Gentleman made that intervention, because that is something I had not focused on and it is good to have it on record. The process is hideously expensive, and prohibitive, by the very nature of the costs involved.

I am very conscious of the time, so I shall fire on, but another issue I wanted to focus on is reform of grandparents’ rights, which the hon. Member for Mid Worcestershire (Nigel Huddleston) commented on. I have dealt with a number of cases in my office where this problem arises. Grandparents have no special right to see their grandchildren in England, Wales and Northern Ireland, but can ask for contact, just like any other interested party. I tell you what, Ms Ryan, people go through that process only because they love their grandchildren and would do everything they can to try to see them; the process would put people off.

Winning contact through the court system is, at best, a two-step process. The first step is to ask for leave from the court—in other words, grandparents must ask the court for permission to petition. If the first step is successfully negotiated, grandparents must ask for a contact order. Contact orders specify direct or indirect contact. I am a doting grandparent of two young girls, and I would find it impossible to comprehend being kept from them. Grandparents come to me and tell me about their cases, and I understand the heartache and pain they feel if, perhaps due to the actions of their child, they are prevented from seeing their grandchild. To petition the court is onerous and frightening. For cases in which the behaviour of the grandparents is not an issue, I say respectfully to the Minister that he should implement a new system, whereby access is expected unless there is a reason not to grant it.

I do not pretend to be a legal expert. When legal issues are referred to me in my office, I always seek a legal opinion from those who know best, as I should. I believe that it would be a worthwhile use of the Department’s time to give grandparents the knowledge that, no matter what the circumstances of the familial breakdown are, they have a legal right to see their grandchild for a set amount of time. That should be there for them. I ask the Minister to take that into consideration when undertaking a review of family law.

Families exist in many different forms, and the law must be fluid and capable of changing to best meet their needs. It is impossible to legislate to cover every eventuality, but we can and must offer more help and protection. I say respectfully that the Government need to do that. I ask the Minister to consider those two examples, which I have been directly involved with through my office, in looking at how we can have better laws.

[Mr Gregory Campbell (East Londonderry) (DUP)]

Before my hon. Friend concludes, does he agree that, although mediation does not always end up in a happy place, if it is entered into amicably by both sides, it can assist in resolving matters at an early stage or in making the separation much less distressing, particularly for the children?

[Jim Shannon]

Yes, mediation can help. In many cases in which I have suggested it, there has been a successful conclusion. That does not happen in every case, but it is good to have a mediation process in place so that we can negate the negative and problematic conclusions.

I look to the Minister for support and advice about how best we can address these examples—I gave two, and other hon. Members will put forward many others. We need better laws and better protection.

--- Later in debate ---

[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.

[Jim Shannon]

I think the Minister said he was about to conclude, but I wanted to intervene before he did. I know he is not the Minister directly responsible, but individuals in the Chamber have brought some things to his attention. May I request a response from him on each of those individual issues—a comprehensive response, I hope? I certainly wish for a response on the two examples that I brought to his attention.

[Dr Lee]

I thank the hon. Gentleman for his intervention, but I will come on shortly to questions asked in speeches and interventions. If I fail to answer all the questions, of course a response will be arranged.

My hon. Friend the Member for Fareham is not alone in calling for greater transparency in family proceedings. Openness can lead to greater accountability and improve public understanding of the decisions of the court. The Government therefore fully recognise that family proceedings should be as transparent as possible. That is why we welcome the progress that has been made in this area in recent years. Since 2009, accredited media have been allowed access to certain hearings in the family courts, and in 2014 the president of the family division introduced judicial guidance that has resulted in the publication of more judgments than ever.

Arguments in favour of greater transparency, however, must of course be weighed against the need to safeguard children and their family’s privacy. The family courts often consider extremely sensitive information about individuals which should not become public. They must be cautious about putting information in the public domain that, even if anonymised, could lead to the inappropriate identification of vulnerable parties. We continue to work with senior judiciary to ensure that the right balance is struck between transparency and privacy.

I will now respond to some of the specific points made by hon. Members during the debate. The hon. Member for Strangford (Jim Shannon) raised the role of grandparents. We recognise the important role that grandparents can play in a child’s upbringing. It is obviously preferable to reach an informal agreement on contact with the family, and we encourage families to consider the role that mediation can play. If that fails, grandparents can apply to the court for an order. In answer to the question on cohabitation and civil partnerships, cohabitants have some legal protections under the general law. Parents who have cohabited also have access to the court for orders relating to children. The Government Equalities Office is evaluating the impact that the marriage of same-sex couples has on the take-up of civil partnerships. It will also carefully consider the Court of Appeal judgment before the Government decide on their next steps.

The hon. Member for Wrexham (Ian C. Lucas) raised the question of access to justice and support for litigants. The Government have taken action to improve support for litigants in person, including sponsorship of plain English guidance. The Family Justice Council has produced a range of accessible guides for separating couples, which are available on the advicenow website. In answer to his earlier intervention with regards to legal aid cuts destroying access to justice, I respond on behalf of the Government that that is not the case. Legal aid is a vital part of our justice system but we must ensure that it is sustainable and fair for those who need it, for those who provide legal services as part of it, and fair for the taxpayer who ultimately pays for it. We have made sure that legal aid continues to be available in the highest priority cases, for example where people’s life or liberty is at stake, or where their children may be taken into care.

My hon. Friend the Member for Wells (James Heappey) raised the challenges of potential vexatious use of the family courts. We have been working closely with the judiciary to improve in-court protections for vulnerable court users. New court rules and a practice direction come into force this month with the same aim. We are determined also to give family courts power to prevent unrepresented abusers from cross-examining their victims and the court has powers to manage cases appropriately and to prevent vexatious litigation.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) raised the question of the Government agreeing to introduce 50:50 parenting. The Government are aware of the difficulties that non-resident parents can face when attempting to spend meaningful time with their child following separation or divorce. However, introducing an automatic presumption of shared parenting in all cases would not always be in the best interests of the children involved.

I will turn to the first question raised by the shadow Minister, that too many children are taken into care for inadequate reasons. The law is clear that local authorities must first consider placing a child with relatives or friends. A loving, supportive family is the best place to bring up children. The Government have always been clear that the right to permanence option—whether adoption, special guardianship, kinship care or foster care—will always depend on a child’s individual needs and circumstances. The ultimate decision to remove children from their families rests with the court.

With regards to legal aid for private family law proceedings, we have made sure that such aid remains available for victims of domestic abuse. We have reviewed the arrangements for making legal aid available to victims of domestic abuse in private family cases, and we will announce further improvements shortly.

We have had a fantastic debate, with contributions from my hon. Friend the Member for Fareham, the hon. Member for Strangford, my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont)—who contributed to my belief that the Conservatives should look north of the border for sensible solutions on so many things, including family law—the hon. Member for Wrexham, my hon. Friends the Members for Henley (John Howell) and for Wells, and the hon. Member for Lanark and Hamilton East (Angela Crawley). I am hopeful that we can work across the House and beyond as we continue efforts to improve the family justice system.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 31st October 2017 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

9. What steps the Government are taking to stop the use of drones over prisons.

[Jim Shannon (Strangford) (DUP)]

15. What steps the Government are taking to stop the use of drones over prisons.

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

Drones are a threat but also an opportunity for our prisons. Where they are a threat, we are absolutely determined to tackle the organised crime groups who use them. In terms of the opportunities, the prison service is investing in drones to proactively manage large-scale incidents as our eyes and ears to improve our intelligence and allow us to respond more effectively and swiftly.

--- Later in debate ---

[Mr Gyimah]

Absolutely. Guys Marsh will benefit from the £2 million pot being used to invest in mobile phone detection technology. An additional £3 million is being invested in a national intelligence team to help to tackle serious and organised crime. This will allow us to deal with serious and organised crime in our prisons and in our communities. We will be working with the Home Office on this project to improve prison security and social reform.

[Jim Shannon]

In April 2017, the Police Service of Northern Ireland and the Prison Service in Northern Ireland set up a special unit to address the delivery of drugs, mobile phones and contraband into prisons using drones. Has the Minister considered setting up such a unit? Has he also considered a radio blocker that would prevent drones entering prison property?

[Mr Gyimah]

Absolutely. As I said, we have an intelligence unit dealing with organised crime in our prisons in a very concerted way across the estate. We are doing that alongside investing in anti-drone and mobile phone detection technology. Bringing this together will mean that we are able to deal with the threat that drones pose across the prison estate and, as I said to my hon. Friend the Member for North Dorset (Simon Hoare), in the community. Organised crime is not just in the prison estate, but often in the community.

Local Authority Funeral Charges

Jim Shannon Excerpts

Tuesday 24th October 2017 Westminster Hall

[Siobhain McDonagh]

I thank my hon. Friend for his intervention and I am sure that, like me, he would like to congratulate our hon. Friend the Member for Swansea East (Carolyn Harris) for all her work in that regard; I will refer to her again later.

The rising cost of funerals has left a huge number of families trapped in a state of funeral poverty, which manifests itself both financially and emotionally, with University of Bath research identifying depression, anxiety and insomnia as funeral poverty’s common associates. It is no wonder, therefore, that funeral services were the most common item for credit card usage in the UK in 2013, with one in 10 people having to sell belongings to cover funeral costs. Grief leads to exploitation, exploitation leads to debt, and I personally cannot think of many worse debts to hang over a person than that arising from a family member’s funeral. I even hear that the Select Committee on Work and Pensions was told of a sobering case of a mother who was reportedly unable to afford a funeral for her son. Consequently, she was forced to freeze his body for months on end while she saved the necessary money to pay the funeral fees. That is just one of the terribly tragic human stories behind the facts and figures of widespread funeral poverty.

Such extortionate costs are not only faced by individuals but by local authorities. I am particularly disturbed to hear that several councils, including Monmouthshire County Council in Wales, carried out multiple public health funerals using shared graves last year, identifying a shortage of land as the reason for such an inhumane practice.

Despite the wide-ranging issues in relation to funeral poverty, it is the specific problem of burial costs and their widespread disparity across local authorities that led me to call this debate. A constituent of mine, Rachel, experienced the problem at first hand. When Rachel’s grandfather died in 1976, her family bought a plot for six graves in Honor Oak cemetery, which is in the London Borough of Southwark. In 1988, her grandmother passed away and was subsequently buried in the family plot. Rachel’s family now live in my constituency of Mitcham and Morden, in the London Borough of Merton, which is just a few miles south of Southwark.

Sadly, Rachel’s mother died in July this year. When Rachel and her family applied to open the plot in Southwark so that Rachel’s mother could be buried alongside her own mother and father, Rachel was advised that the charge to do so would be trebled, just because her mother was not a resident of Southwark at the time of her death and despite the fact that her family owned the grave space. The cost for Rachel’s family was a staggering £3,977.

I believe that was unfair; Rachel knew it was completely unfair; and, fortunately, after a little hesitation the head of the cemetery also agreed that it was unfair. Five days before the funeral, he accepted that Rachel’s family could bury their mother in the plot for a resident’s fee, which, at £1,326, is already expensive.

Rachel’s story of that anomaly is a story about the widespread national exploitation of grief. I, for one, do not think that Rachel or her family should ever have been put in that position in the first place. Rachel believes that the varying costs that families face from borough to borough is both unjust and unfair, calling it an

“extortionate death payment that is decided by the borough”.

Rachel has also said:

“Although we eventually managed to avoid paying the non-resident charge, there are others who are less able to fight the injustice, especially at a time when they are at their most vulnerable and grieving the loss of a loved one.”

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for giving way and for bringing this very important issue to Westminster Hall for consideration. In Northern Ireland, the average cost of a funeral is £3,000 and the funeral grant scheme should be available to more people than it is currently. Does she share my concern that the age and number of dependents is not a condition, when it should be, and the reality is that someone with five children just would not have a spare £3,000 to pay for a funeral?

[Siobhain McDonagh]

The position of families should certainly be considered at that desperate time.

The compassion shown by the head of Honor Oak cemetery was an isolated incident in what is a national problem—a rule for one that has not been the rule for all. For example, my constituents, Ann and her brother William, came to see me at my weekly advice surgery. Ann and her husband are joining us today to hear the Minister’s response to the story of the turmoil that their family have been through.

Just like Rachel’s family, Ann’s family have owned a grave space for decades—in their case, since 1965 in the London Borough of Hammersmith and Fulham. It holds both Ann’s grandmother and her father, who died in 1992. Before Ann’s mother passed away, she owned the grave space, which resulted in a £95.50 charge for Ann to transfer the ownership of the grave to her and her brother.

Does the Minister agree that that fee is both extortionate and unjustifiable? How can a resident in Hammersmith and Fulham be expected to pay £95.50 when a resident in Barking and Dagenham only pays £39 for the same process? And spare a thought for people in Hounslow, who would be charged £168 if they wanted to transfer the ownership of a grave.

Women Released from Prison

Jim Shannon Excerpts

Wednesday 18th October 2017 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Member for Ogmore (Chris Elmore) on securing this debate and succinctly setting the scene. I congratulate the hon. Members for Stretford and Urmston (Kate Green) and for Swansea East (Carolyn Harris) on their contributions as well.

Many prison officers in my constituency have told me that things need to change in relation to women released from prison. The hon. Member for Ogmore referred to Northern Ireland, where ladies have a section in the dual prison for men and women. I understand that the Minister will talk specifically about England and Wales, and I will comment on the policies there.

The statistics about women in prison somewhat surprised me when I read them. The Library debate pack states:

“There were 6,442 women admitted to prison in England and Wales after receiving an immediate custodial sentence in 2016/17. 40% were admitted for Theft offences, 19% for Summary non-motoring offences and 10% for Miscellaneous crimes against society… Of the 6,495 women sentenced admissions to prison in England and Wales in 2016/17, 4,035 (62%) were there to serve a sentence of less than or equal to six months”.

The statistics add the facts to the case that hon. Members have already made, and that other hon. Members will make. The debate pack also states:

“Of the 6,669 women released from prison in England and Wales in 2016/17, 63% had been serving determinate sentences of less than or equal to 6 months… Between October 2014 and September 2015 around 84,277 women offenders were cautioned, received a non-custodial conviction at court or released from custody in England and Wales. Around 15,662 of these offenders committed a proven re-offence within a year. This gives an overall proven reoffending rate of 18.6%”.

That is less than the rate for men, which was almost 25% in 2014-15, but still indicates that something needs to be done differently. Other hon. Members have indicated in their constructive and helpful comments—we are not here to criticise, but to be constructive—some of the changes that they would like to be made.

I was interested to read the following in the debate pack:

“In September 2015 the National Offender Management Service (NOMS) published Better Outcomes for Women Offenders, its commissioning principles for women offenders.”

Those principles, which I agree with, are based on seven identified priority needs. The first is substance misuse, a malady and a difficulty that many people are subject to:

“Stabilise and address individual need, in particular address class A drug use, binge and chronic drinking.”

As hon. Members have pointed out, if we do not address substance misuse in prison and follow up on it afterwards, we will not be doing anything to solve the problem or help.

The second identified priority need is mental health, which I have a particular interest in and have often spoken about in the House because it is so important:

“Expedite access to services that address mental health need, in particular anxiety and depression, personality disorder, post-traumatic stress disorder, and trauma.”

Many women in prison have needs that fall into those categories. We can try to assist them while they are doing their time, but where is the follow-up once they get out? Without it, anxiety, depression and other problems with personal circumstances will take over.

The third identified priority need is emotion management:

“Help women to build skills to control impulsive behaviour and destructive emotions.”

Again, we can give some help in prison, but we need the follow-up afterwards. Teaching anger management and self-control can help to change lives. It is not about dictating change, but helping people to create it within themselves.

The fourth identified priority need is a pro-social identity:

“Be positive towards, about, and around women, and encourage them to help and be positive towards others.”

If we always tell people off and do them down, they can never lift themselves up. It is important for society to give people who have made terrible mistakes and ended up in prison the chance to rebuild their lives.

The fifth identified priority need is being in control of daily life and having goals:

“Motivate women to believe that they belong and fit in to mainstream society, where they can work to achieve their goals.”

We need to encourage them, be positive and give them employment and training opportunities and a chance to be part of society and move forward.

The sixth identified priority need is to improve family contact:

“Help women to build healthy and supportive family relationships, especially with the children.”

The hon. Member for Stretford and Urmston also referred to family contact. Family can help people so much to cope with life.

The final priority need is to resettle and build social capital:

“Help women to find somewhere safe to live, to learn how to manage their money, access education, and improve their employability.”

All these things tie into giving people a second chance and making sure that they can be part of society. Sending people back where they lived before sometimes means sending them back to the same problems, so in some cases they may need to go somewhere different.

I look to the Minister for a positive response. I feel that we are missing the targets that we should be aiming for. How does he intend to address and implement the changes to help to rehabilitate offenders and secure family units with a mother at home who is aware of how she can do things differently, with plenty of the support that is so necessary?

[Several hon. Members rose—]

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 5th September 2017 Commons Chamber

[Dominic Raab]

I am aware of the case my hon. Friend raises, and of the heinous crimes that were committed and the appalling impact they had on the victims. She will know that the overhaul of the sentencing framework between 2012 and 2015 means that that type of sentence would not now be passed in that type of case. She will also appreciate that I cannot intervene in individual cases and that changes to legislation to strengthen sentences cannot be passed retrospectively. That is the problem and challenge in this case.

[Jim Shannon (Strangford) (DUP)]

Bearing in mind that 56% of all victims of sexual offences in Northern Ireland in 2011 were under the age of 18, will the Minister outline the multi-regional approach that will be taken to deal with the aftermath of the sexual exploitation of children in the transition to adulthood?

[Dominic Raab]

That is a detailed and complex area, and I would be happy to write to the hon. Gentleman on its impact in Northern Ireland.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 25th April 2017 Commons Chamber

[Mr Gyimah]

Prison officers play a vital role in combating extremism in our prisons, given the contact and proximity they have with prisoners. Just last December we rolled out a new extensive training programme for all our prison officers to enable them to identify that threat and to help to deal with it.

[Jim Shannon (Strangford) (DUP)]

Northern Ireland Ministers have had to deal with extremism in prisons over the years, with the segregation of loyalist and republican prisoners being an example. Has the Minister had any opportunity to discuss those matters with the relevant Minister in Northern Ireland in order to learn from what we have learned in Northern Ireland to help him to do his job across the UK?

[Mr Gyimah]

We have looked very carefully at the lessons from Northern Ireland in setting up the separation centres that we announced last week. There are significant differences between what is happening in England and what happens in Northern Ireland. No prisoner will default to a separation centre. Ending up in a separation centre will be the result of a prisoner’s behaviour behind bars, and they will be selected by a panel that has been told about their behaviour. The panel will decide where those prisoners go in the prison system, so there are appropriate safeguards in place.

Grandparents' Rights: Access to Grandchildren

Jim Shannon Excerpts

Tuesday 25th April 2017 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate. I congratulate the hon. Member for Northampton South (David Mackintosh) on securing it and on introducing it so well. This issue is clearly of importance to those of us who are in Westminster Hall today, and I believe that it is also of importance to other hon. Members who unfortunately, for whatever reason, have been unable to make it to the Chamber or, indeed, are preparing for the election, which two weeks ago none of us was aware of. This issue comes up at advice centres. It comes up at my advice centre back home as well.

I declare an interest—because I am of that age—as a doting grandfather. Looking round the Chamber, I am not sure whether everyone is a grandparent, but I know that you, Mr Streeter, have achieved that goal. When I held my eldest son Jamie in my arms some 29 years ago, I thought that nothing in this world could top the pride and love that I felt as I looked into that perfect little face. I was wrong. There was a little girl who made her way into this world and into a special place in her grandfather’s heart that had never been touched before. My little Katie is eight years old. When I thought there was no more room left in my heart, little Mia came along—she is just three years old—underlining the fact that there is nothing more enjoyable than time with grandchildren. There is also the fact that, as we all know, they can be handed back whenever they get a bit stroppy. That is one of the great advantages of being a grandparent.

The fact of the matter is that we are here today in Westminster Hall to debate this issue because we want to ensure access for grandparents. I am lucky; I have access to my grandchildren. I am very fortunate. I am also fortunate that most of my family and friends are in the same position.

[Julian Knight]

I am absolutely convinced that the hon. Gentleman is a magnificent grandfather in many respects and an archetypal grandparent. This is a two-way thing. Both my grandmothers are still alive, and they are both 91 years old. One of them virtually brought me up from what was effectively a broken home. The relationship and bond that we formed is something that has carried me through my entire life. I cannot imagine anything worse than not having access. Does the hon. Gentleman agree that the right of children to have access to their grandparents is so important?

[Jim Shannon]

I fully and totally agree with that. I thank the hon. Gentleman for his intervention and for the words he put forward. I do not think anyone in the Chamber would not have the same opinion. There is something special about a grandparent’s relationship with their grandchildren, and I do not say that just because I am one. My mother is still living. She is 85 years old, and will soon be 86. As a great-grandparent, she dotes on the wee children. She always wants to hear what they are doing. That bond develops at a very early stage, even between my grandchildren and their great-grandmother. It creates a nice warm feeling. Unfortunately, there are many who long to see their grandchildren and are denied that opportunity. That is the reason for this debate today.

I am hoping to get away on a holiday this summer—probably for the first time—with my wife and the grandchildren. The memories made on that trip will be the stuff of dreams, because that is how dreams are made. The photographs will be special, and I will be able to spend quality time with them with no pressure. One way of ensuring that there is no pressure is to leave that mobile phone at home, because then you are incommunicado for a certain period of time. I can do that because my son and his wife are happy for me to be with Katie and Mia as much as I want.

I do not take that for granted, when I see so many grandparents shut out of their grandchildren’s lives, whether that is due to marital break-ups, a spin-off from the breakdown of a relationship, people moving away, or grandchildren being used as a tool against the grandparents. The guidance on access for grandparents to their grandchildren states that access should initially be sought through agreement with the parents or carers of the child, as the hon. Member for Northampton South outlined in his introduction. However, where such an agreement cannot be made, the grandparent can seek the leave of the court and, if successful, apply for a child arrangements order to agree access. That is all very well, but it is not as simple as that. It is not easy to do when parents are estranged, and unfortunately children are often used as a weapon, which is very painful.

As a grandparent, I can only imagine being cut out of my beautiful granddaughters’ lives. I would certainly do everything in my power to facilitate Katie and Mia visiting, no matter what, but if that was not possible and could not be achieved, I would have to go to court for access, which is expensive and soul-destroying when grandparents’ rights are so restricted. The hon. Gentleman made a salient point in his final few words about the pain that going to court causes not only to grandparents and parents but to children. They cannot quite understand what is going on or what all the arguments and fights are about, but they know that something is wrong and that they are the piggy in the middle, if I can use that terminology, being pulled from all sides. All sides may genuinely love their children or grandchildren, but access can be denied.

It is good to see the Minister in his place, and we look forward to his response. More must be done to support access rights. If that means enacting legislation to enshrine clearer rights for grandparents—that is what has been suggested by the hon. Gentleman and in interventions, and it is what I would look for, too—then that is what needs to happen. The Government enjoy the fact that one in four working families rely on grandparents for childcare, which saves the Government money in tax credits and childcare vouchers; it follows that grandparents should receive the benefit of Government notice and attention. That is what we are here today trying to achieve—that their rights are protected should the unthinkable happen. If today’s debate moves that process on and enables legislative change to come in the next Parliament, and if the Minister is able to respond in a suitable way, I would speak strongly in support. A nanny tax credit and such things are great, but it is clear that more support is needed for those who are not able to see their grandchild or grandchildren.

I fully support the motion and look to the Minister to ensure that, when the new Government are in place after 9 June, they take the issue on board and take steps to clarify further the rights of grandparents in the UK as a whole. On behalf of grandparents who do not have access to their grandchildren, I say passionately that that would be a step in the right direction.

--- Later in debate ---

[Jim Shannon]

As elected representatives we look for solutions to problems, and one way of finding a solution is through the mediation process. Does the hon. Lady think that that might be a way of doing it? I am looking to the Minister for an answer to that, too.

[Yasmin Qureshi]

That is a helpful way to deal with these things. Arbitration or mediation has been found to work in many scenarios—whether for the divorce settlements of couples who are separating or for access to children, even if the person is in employment. We could explore that option, which is not expensive and is much more straightforward.

As I said, I am sure that if legal professionals and others in the system put their heads together, they would come up with a system that is much more flexible and responsive to grandparents’ needs and enables them to see their grandchildren without enormous legal obstacles and hoops that they have to jump through. This is not a party political issue: everybody accepts that grandparents have a very important role to play. I am sure the Department can come up with a more flexible, less costly solution that requires grandparents to jump through fewer hoops.

[The Minister for Courts and Justice (Sir Oliver Heald)]

We have had a very constructive, warm-hearted debate. I think we all found it moving to hear the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Solihull (Julian Knight) talk about the love they feel for their grandchildren and the very special role that grandparents can play. The hon. Member for Bolton South East (Yasmin Qureshi) talked about her grandmother telling her mother off and what fun that was. I think we all recognise that. Extended family life is important to all of us.

The hon. Member for Strangford made a good point about mediation. I did some family law cases as a barrister, and I have often thought that mediation can lead to the settlement of a family dispute or the breakdown of a relationship with less confrontation and heartache for everybody involved, so I think that was a very wise point. Comments were made about the pain of family breakdown and the court hearing. All of that is very well taken.

I cannot make any announcements today because we are in purdah, but I have previously said that, assuming the electorate allow it, we will introduce a Green Paper later in the year on family justice, which will provide the opportunity to look at these issues and a number of others that hon. Members touched on. Having said all that, I congratulate my hon. Friend the Member for Northampton South (David Mackintosh) on securing this debate on an issue that is vital and, as he said, complex. It is a pleasure to serve under your chairmanship, Mr Streeter.

The sorts of experiences that we are discussing—heart-breaking stories, as my hon. Friend put it—were recognised at his meeting with GranPart in Northampton, an organisation in which I know he takes a particular interest, as well as talking to his constituents more generally about the issue. We heard from my hon. Friend the Member for Eastbourne (Caroline Ansell) what constituents have told her about the issue. I agree with my hon. Friend the Member for Hendon (Dr Offord), who said that he has a strong support group in his constituency, that children should not be used as weapons.

I am sure that most children see their grandparents as important figures in their life and benefit tremendously from a positive relationship with them. For many children, loving relationships with grandparents enrich family life. As was mentioned, grandparents often play a key role in the raising of their grandchildren, particularly with so many parents at work these days, and I recognise that grandparents can be a great source of stability for children when parents decide to separate. They can provide a sense of continuity in traumatic circumstances at a time when children are fragile. Sometimes, when parents are unable to meet their children’s needs, grandparents can take on full responsibility for their care.

After parental separation, in many cases, grandparents continue to enjoy relationships with their grandchildren, although the circumstances are obviously different as the parents live apart. However, there are some cases in which grandparents are prevented from seeing their children, with no good reason. The Government recognise the immense distress caused to grandparents and children when parents separate. In such difficult circumstances, which are similar to bereavement, children often feel a greater sense of loss: they have lost not only a parent, but grandparents too. I am sure that some hon. Members and hon. Friends who have spoken in this debate will recognise such scenarios from the constituency experiences that they have described.

High-conflict cases involving disputes over children can have an impact on those children. Parents can end up viewing grandparents as being on the other party’s side, which can become a barrier to their continued involvement in their grandchildren’s lives. Grandparents, too, can be tempted to see the other parent as the enemy because they feel that their son or daughter has been wronged. That is part of the difficulty, unpleasantness, hurt and distress of a break-up, and such feelings of hurt are fully understandable, but if the children are exposed to that sort of adult conflict, it is damaging for them. That is why the current law does not provide for any automatic decisions, but gives the court great flexibility.

On grandparents in private law disputes, when grandparents’ informal attempts to secure ongoing involvement in their grandchildren’s lives fail, they have the option of asking the court to intervene. They might not want to; as my hon. Friend the Member for Eastbourne said, they might feel that there has been enough hurt and distress in the family without going to court and facing it all again. The Children Act 1989 includes arrangements that help grandparents to re-establish relationships with their grandchildren when things go wrong, but a court process is involved. Family courts can make a child arrangements order to determine with whom a child is to live, spend time or otherwise have contact, and when and where such arrangements are to take place.

A child arrangements order will usually provide for direct face-to-face contact, such as long or short visits and overnight stays where appropriate. It may also provide for the child to have no contact with a person or specify that that contact is to be indirect, through emails, telephone calls, letters or cards. There is a lot of flexibility in the court’s powers to make a child arrangements order, but the welfare of the child is the paramount consideration when the court considers any matter that relates to their upbringing. That is in contrast to any perceived rights of any adult family members.

Whether the court will order that a grandparent should have involvement in a child’s life will depend on a number of factors. Where one or both parents oppose such involvement, the court will apply the factors in the welfare checklist in section 1 of the 1989 Act. It may ask the Children and Family Court Advisory and Support Service to produce a welfare report on the beneficial impact of grandparent involvement and on any risks of harm from ongoing parental opposition to such involvement and from the exposure of the child to the resulting conflict. That report may include the ascertainable wishes and feelings of the child; obviously, the older the child is, the more important those are considered to be.

It is open to anyone, including a grandparent or other family member, to apply for a child arrangements order. However, the situation is not the same as that for parents; as has been said, grandparents and other family members usually need to obtain the permission of the court before proceedings can begin. This may appear to be an extra hurdle, but experience suggests that grandparents do not usually experience any difficulty in obtaining permission if their application is really about the interests of the child. Permission to apply may be sought at the same time as making the application itself, just by ticking a box—there is no extra fee, process, or hearing.

The leave requirement is designed not as an obstacle, but as a filter. The idea is to sift out applications that are not in the child’s best interests, such as vexatious applications. I reassure hon. Members that the law sets out clear objective criteria for the court to determine these issues. There are exceptions; not every case requires leave. In certain circumstances, grandparents do not have to apply for permission. Under section 10(5) of the 1989 Act, a grandparent may automatically be entitled to apply for a child arrangements order if

“the child has lived for…at least three years”

with them; the three-year period

“need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application.”

A grandparent may also apply under section 10(5) if they have the consent of both the parents or

“the consent of each of the persons named”

in an existing child arrangements order, in which case there is no need to obtain leave to apply.

[Jim Shannon]

I referred to the fact that many grandparents look after their grandchildren when they are out of school and the parents are working. Has the Minister had a chance to consider whether the childminding that grandparents do could be part of the solution that we are trying to find? If the grandparents are making a constructive contribution, such as by childminding, will the Government look at whether we can use that as a method of coming to an agreement?

[Sir Oliver Heald]

That is certainly an interesting thought. Of course, I cannot say what the next Government will do. As the hon. Gentleman knows, we are in the funny—well, the important and democratic—period of seeking re-election. [Interruption.] Very, very important, yes. We must not take the electorate for granted, and one Parliament cannot bind another, but if the Green Paper process goes ahead, which I hope it will, all these issues can be looked at in that context. A history of having minded the child in the way that the hon. Gentleman mentioned is an important factor.

I think we would all agree that disputes over children can be very complex—a point made by my hon. Friend the Member for Northampton South. Parental disputes over children can also affect wider family relationships, and the relationship between the children and their significant relatives can be vulnerable to an unpleasant breakdown involving a lot of distress. No one would want to rekindle distress or make it worse for the child.

Research has provided some insights. A study funded by the Nuffield Foundation, a charity that aims to improve social well-being, gives some insights into how easy it can be for wider family members to become embroiled in conflicts over children. The study was of 197 case files from county courts in England and Wales in 2011, and its primary aims were to understand the detail of different types of childcare arrangements set up during litigation at county court level and to shed some light on how the different types of county court orders then in existence were used and understood. Some 12% of the cases examined were not disputes between parents but involved non-parents, such as grandparents or other relatives who were caring for the children, and three of the cases concerned applications from grandparents to have contact.

Although the sample size was small, the findings shed light on how some grandparents can become directly involved in conflicts that can negatively influence their grandchildren. The findings also demonstrate the considerable lengths to which the court will go to facilitate a child’s involvement with their grandparents, and the court’s difficult task of weighing up the benefits and risks of such contact. I think we would all agree that the principle of grandparents being part of a child’s life is a very important one, and the research shows that the courts take it seriously too.

I will say something about public law cases because grandparents play an important role in them. It is a principle of the 1989 Act that local authorities should support the upbringing of a child by their family wherever possible, if it is the most appropriate way to safeguard the child’s welfare. Local authorities can apply to the court for a care order when they believe that a child has suffered or is likely to suffer risk of significant harm. The care order allows the authority to take over the welfare of the child. Local authorities must seek to give preference to placing looked-after children with wider family members first, if it is not possible to return them to the birth family and, if that is not possible, with a friend or another person connected with them. The court can appoint a special guardian as a permanent alternative to long-term foster care or adoption, and that is often a family member such as a grandparent, or a friend.

In conclusion, the courts recognise the importance of children maintaining relationships with their grandparents following parental separation. Family courts are cognisant of that when considering applications relating to child arrangements. However, such cases are not straightforward, given the tensions and ongoing conflict that can often arise when parents separate, and for that reason, as I am sure hon. Members will agree, the welfare of the children must continue to be the paramount concern.

We have had a good debate and some good points have been made. If the Green Paper process goes ahead, as I hope it will, there will be an opportunity for us to consider the matter more fully and for organisations that have particular viewpoints to make a contributions.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 7th March 2017 Commons Chamber

[Sir Oliver Heald]

Yes. The Government are keen to change the way in which the courts work to make them not just the best in the world but the most modern. This involves new procedures that use online technology—virtual hearings for some small matters and so on. The overall effect is to improve access to justice and improve life for litigants in person. We also have a special strategy for litigants in person, which helps them.

[Jim Shannon (Strangford) (DUP)]

It is very important that we keep insurance premium payments low. However, there is also a need for a framework that ensures there is adequate compensation for serious accidents. How can a balance be struck?

[Sir Oliver Heald]

It is important for that balance to be struck. The whiplash proposals relate to the most minor claims—cases in which the pain and suffering lasts for up to two years. Even then, there is provision for judges, in exceptional cases, to award more than the tariff that is proposed. When serious injuries are involved, however, the system will continue as it is now. It will still be designed to recompense people properly for the injuries that they have suffered.

Driving Offences: Government Consultation

Jim Shannon Excerpts

Tuesday 7th February 2017 Commons Chamber

[Wayne David (Caerphilly) (Lab)]

Most drivers drive safely, and Britain has one of the best safety records in the world. It is good to see growing public awareness of the need for safety, and a growing number of community groups are working with the police to reduce the incidence of speeding on our roads. I refer, for example, to the excellent work of the Draethen, Waterloo and Rudry community voice project and the Machen community road watch, both in my constituency.

At the same time, with a growing number of vehicles on the road, there is growing public concern about aspects of the law as it relates to driving. In particular, the law and sentencing guidelines do not always provide a proportionate response to the crimes committed on our roads. In that context, I refer to an accident that occurred in south Wales a year-and-a-half ago.

In October 2015, an horrendous accident occurred in Georgetown, Merthyr Tydfil in which three young men from Gilfach, Bargoed in my constituency lost their lives. They were passengers in a car that crashed into a roadside telegraph post. Two of the young men were presumed dead at the scene of the accident, and the third man died of his injuries some weeks later. The driver of the car and the front-seat passenger both survived the accident.

The driver of the car was arrested some weeks later on suspicion of causing death by dangerous driving. He was released on police bail and allowed to continue driving. I understand that the law has now been changed to prevent such an occurrence.

At the end of the trial, the judge stated that there was insufficient evidence to

“prove to the right standard that the defendant’s driving was dangerous”.

Instead, the defendant was found guilty of causing death by careless driving. The defendant admitted three counts of death on that basis and was jailed for 10 months. The charges of death by dangerous driving were dismissed by the judge.

The sentence that was delivered was, I am told, in line with sentencing guidelines and reflects the plea of guilty made by the defendant. But given the severity of the crime, the families of the three young men who had lost their lives were naturally shocked and appalled by the leniency of the sentence. Indeed, everyone who has read or heard about this case has been aghast at how such a lenient sentence could have been imposed. I am told that the defendant showed no remorse during the trial and, to make matters worse, he was released from prison having served only five months of his sentence.

Although I do not expect the Minister to comment on this case, I would like to make two further points relating to it. First, I am told that a material fact was not brought to the attention of the judge due to a police failing: some months before the accident, the defendant had been cautioned for a driving offence, but that caution had not been recorded properly by Gwent police and therefore it was not brought to the attention of the judge. The caution would probably have been inadmissible as evidence, but it may have had a bearing on the sentence delivered. The matter has been taken-up with Gwent police and with the police and crime commissioner for Gwent.

I am also concerned about the apparent lack of sensitivity and support for the families of the deceased young men shown by the Crown Prosecution Service. Having indicated to the families that a charge of death by dangerous driving was being pursued, the CPS did not then sufficiently explain to the families why a lesser charge was being imposed. This case is obviously germane to the Government’s consultation on “Driving offences and penalties relating to causing death or serious injury”. That consultation concluded at the start of this month. It was an important consultation and I have made a submission to it. The Government will now consider whether the sentencing guidelines ought to be modified.

[Jim Shannon (Strangford) (DUP)]

The hon. Gentleman has brought a very important issue to the House for consideration, and we are all here because we support him and congratulate him on doing that. Does he agree that the average sentence of not even four years is certainly not enough of a penalty for those who take a life in this way? Does he further agree that we should consider a life sentence for those who have a history of careless driving offences, such as those he has referred to?

[Wayne David]

I have a great deal of sympathy with the point that has been made. One point I want to elaborate on later is the inadequacy of the sentencing for crimes of this sort.

I referred to the consultation and I am disappointed by it, as, unfortunately, the Government circumscribed it from the start. They did that by stating that they had already decided that there was to be no change in the legislation relating to the definition of careless driving and dangerous driving. Although the consultation paper from the Ministry of Justice acknowledges that the distinction between careless and dangerous driving has been

“the subject of extensive scrutiny and debate”,

the Government indicated that they had already made up their mind in favour of maintaining the status quo. This is most unfortunate.

The case regarding my constituents from Bargoed has, among other things, highlighted that the distinction between careless driving and dangerous driving is artificial and unhelpful in ensuring that sentences reflect the gravity of the crime they seek to punish. The definition of careless driving is set-out in section 3ZA of the Road Traffic Act 1988 and it stipulates that a person is driving carelessly if they are driving without “due care and attention'”. The law also adds that there is careless driving if the manner of driving falls below what could be expected of a competent and careful driver.

What constitutes dangerous driving is set out in section 2A(1) of that Act. It applies to a person whose driving falls far below what could be expected of a competent and careful driver.

The consultation paper makes the fair point that it is impossible to set out what might constitute careless or dangerous driving in every case because, quite obviously, every case is different. However, that is a strong argument for having a continuum of what I will call bad driving, rather than a division between careless and dangerous driving. As things stand, given that the threshold for proving dangerous driving is quite high, it is much easier to err on the side of caution and secure a conviction for the lesser offence of careless driving. That is an argument relevant to a prosecutor’s decision, as well as to a judge’s determination.

As I have said, I have made a submission to the consultation. An important submission has also been made by Brake, the road safety charity, in which it, too, argues that the distinction between careless driving and dangerous driving is questionable, particularly in cases relating to death and injury. Brake has also pointed out that there is a lack of consistency in the differentiation between careless driving and dangerous driving. Its submission says:

“the test lacks any bench-mark for consistency due in large part to the variability of facts on a case to case basis”.

In reality, the line between the low of what is expected of a competent and careful driver, and far below that, is impossible to pinpoint with any degree of accuracy. As Brake has pointed out, there is also a need to change our terminology. I accept that it is insufficient simply to advise the judiciary to refer to “bad driving”. Equally, it is inappropriate to talk of careless driving when we are referring to death or serious injury. The language of the charges needs to be changed to reflect the seriousness of the issue.

It is clear that the law needs to be changed. As it stands, the law, and the sentencing guidelines that emanate from it, do not command full public confidence. Surprising though it must seem, only a minority of people convicted of death by careless driving are given a custodial sentence, and the average sentence is little over a year. In 2011, the average length of a custodial sentence for causing death by careless driving was 15.3 months; in 2014, it was 10.4 months; and in 2015, it was 14.4 months. In the case I have highlighted, in which three young men lost their lives, the sentence was a mere 10 months.

I hope the Government listen to what members of the public are saying and take heed of what Brake is arguing for. The consultation may have concluded, but I very much hope that the Government will begin a more fundamental consultative process that will eventually lead to a change in the law. Any changes made will not correct the wrongs that have been done to the families of the three young men from Bargoed, but they will at least help to ensure that other families might not have to go through the torment that they have experienced over the past year and a half.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 24th January 2017 Commons Chamber

[Dr Lee]

We want community orders to be effective so that further crimes are not committed. This includes better mental health interventions and drugs and alcohol desistance interventions. I am fully aware of the fact that if we can get to grips with the mental health challenges and the substance misuse challenges, crime will go down.

[Jim Shannon (Strangford) (DUP)]

If the Minister is to address the issue of drug addiction, he will have to address the issue of drugs being smuggled into prison. One method of doing that would be the introduction of new scanning machines similar to those at airports. Has the Minister given any consideration to doing that in prisons, thereby stopping drugs being smuggled by people into prison?

[Dr Lee]

Yes, consideration has been given to that. There is a particular difficulty with new psychoactive substances, because the way in which they are smuggled in—for example, by the impregnation of letters or paper—means that it is difficult to stop them via scanning. The hon. Gentleman should be assured that we are desperate to get a grip on the smuggling and supply of drugs into prisons because of the adverse impact that they are having.