Family Court Reform and CAFCASS

Jim Shannon Excerpts

Wednesday 22nd March 2023 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

The hon. Lady is right to bring this debate forward and to highlight the disadvantages of legal aid. Does she agree that when it comes to ensuring that every person in this great United Kingdom of Great Britain and Northern Ireland has the same opportunity of representation, the Government must step in to support those people who do not have money and cannot pay for the legal representation to which they are entitled? That should happen not only in England and Wales; the Minister should endeavour to have discussions with the devolved Administrations in Northern Ireland and Scotland so that people there have the same legal aid opportunities.

[Taiwo Owatemi]

Absolutely. Proper legal representation needs to be available to everyone in the United Kingdom.

The large backlogs in the family court are creating delays and uncertainty for families and, most alarmingly of all, for vulnerable children. No child should have to witness this sort of conflict, anger and grief played out before a judge. The children caught up in these cases are now suffering as a result of constant failings in leadership from Ministers in this Government.

The most damning aspect of our family court system is false accusations of parental alienation. Too often, as my hon. Friend the Member for Enfield, Southgate (Bambos Charalambous) says, a wealthy parent can, in effect, purchase custody of a child through certain legal loopholes. Denounced by the United Nations as a “regressive pseudo-theory”, parental alienation is an argument whereby one parent claims that another is making false abuse claims or is otherwise manipulating the child’s view out of hostility towards their ex-partner. The concept has little to no evidence to support it, but is none the less often accepted, resulting in children being placed with an abusive parent.

I pay tribute to the team at the University of Manchester, whose recent research has revealed the dark and rotten roots of that commonly employed tactic. It was invented 40 years ago as a means of aiding perpetrators to cover up the physical and sexual violence to which they had subjected their spouses and children, yet in Britain the strategy is being given free rein in our family courts. Not only are utterly unqualified individuals being allowed to testify as supposed experts in such cases, but CAFCASS has overseen the rise in such false allegations.

I have spoken with many constituents about their treatment by the family courts. One case summarises everything that is wrong with CAFCASS: the dangers of parental alienation and the risks posed by a blind insistence on contact even when a parent is evidently unfit to have any responsibility over a child. My constituent married a foreign national a decade ago. They had one son, who is now eight years old. Until recently, he was being brought up by his mother in the comfort of a loving, caring home alongside his extended family. Having had the courage to escape the sexual and physical domestic abuse inflicted by her ex-husband, my constituent was granted sole custody of her son. Occasional contact with the father was enforced by the court and complied with by my constituent, despite the clear distress that those sessions caused to the child, yet, when the arrangements broke down, the father was able to launch false alienation proceedings against his ex-wife to remove the boy from her custody. That was supported every step of the way by CAFCASS. He has now succeeded in depriving my constituent of her only child, despite the rigorous investigations by social services at Coventry City Council that concluded that she was an exemplary mother.

Thanks to the deeply imbedded pro-contact culture of CAFCASS, long since identified but allowed to run unreformed for years, an eight-year-old boy is now in the clutches of a man who beat and sexually assaulted my constituent throughout their marriage. Despite mountains of evidence proving his unfitness to have custody of the child, everything was pushed and CAFCASS took his side, placing the blame on the boy’s mother.

What is perhaps most concerning is that despite the child’s distress, a litany of domestic abuse and the detailed reports compiled by Coventry City Council in support of my constituent’s parenting were all cast aside in the family courts. Deploying parental alienation allegations as his chief legal tactic, the boy’s father has now won sole custody, leaving my constituent utterly bereft.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 21st February 2023 Commons Chamber

[Damian Hinds]

I am happy to confirm to my hon. Friend, as I said a moment ago, that safety must come first. We want to support everybody who is in our care and who we are keeping inside for the protection of the public. We need to make sure that safety in prisons is as strong as it can be, and I can confirm to my hon. Friend that following the policy updates, transgender women with male genitalia will not be held in the general women’s estate except in truly exceptional circumstances. Exemptions will require sign-off by a Minister to ensure they can be considered only in the most truly exceptional cases.

[Jim Shannon (Strangford) (DUP)]

For those who identify as transgender, it is important to recognise, as the Minister has, the safety issues. Across this great United Kingdom of Great Britain and Northern Ireland, it is important that we have a policy and a strategy that is the same everywhere. Has the Minister had any opportunity to talk to the police and the Department of Justice in Northern Ireland to ensure that we in Northern Ireland and the Northern Ireland Assembly have a policy that follows the route and focus here?

[Damian Hinds]

The short answer is that I have not had a chance to have that conversation. It is true that there are differences in different parts of the United Kingdom, and those have been played out in the media substantially over the past couple of weeks. I believe our policy here in England and Wales is the right one. It is respectful to everybody, but makes sure we are making safety paramount.

Cammell Laird Workers Imprisoned in 1984

Jim Shannon Excerpts

Tuesday 7th February 2023 Westminster Hall

[Gareth Thomas]

My hon. Friend is absolutely right. She and my hon. Friend the Member for Birkenhead are two of the many MPs who have already raised the case of the 37.

Strikingly, in response to one of the questions tabled by my hon. Friend the Member for Birkenhead in 2021, the then Justice Minister, the right hon. Member for Croydon South (Chris Philp), argued that if there were concerns about the imprisonment of the 37, the case should be referred to the Criminal Cases Review Commission. The problem with that answer is that the men were sent to prison for contempt of court—a civil matter. As I understand it, under sections 9 to 12B of the Criminal Appeal Act 1995, which lists the type of cases the Criminal Cases Review Commission has the power to review, there is no mention of decisions of the High Court to commit someone to prison for contempt of court.

Either a public inquiry is needed to review the treatment of the 37—that is the purpose of this debate—or the case should be reviewed by the Criminal Cases Review Commission, with all the investigative powers it has at its disposal. If so, the law will need to be changed to bring contempt cases resulting in prison within scope, because the Cammell Laird 37 will have little chance of justice until one or other of those options happens.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for securing this debate and, with the hon. Member for Birkenhead (Mick Whitley), who is absent, for his fight for justice. Does he agree that these miscarriages of justice, which we can simply look at historically, are for those men and their families life-changing and altering? For them to understand that the lessons learned from their story can result in legislative changes can provide closure for families that went through it and provide protection for other families in future.

[Gareth Thomas]

I very much agree with that point; I am grateful to the hon. Gentleman for his support for the case that others and I will make.

In the latter part of 1984, across Britain’s industrial heartlands at the time, huge numbers of jobs in nationalised industries, including steel and coal, were axed by Margaret Thatcher’s Government, with a casual disregard for what would come next for those made redundant and their devastated communities. In shipbuilding alone, a hugely important source of jobs across the UK at the time, British Shipbuilders went from employing 62,000 workers in 1982 to just 5,000 five years later.

It is clear, from papers released by the National Archives and from Margaret Thatcher’s private papers, that Ministers were determined to privatise the building of warships, reduce the number of shipbuilding yards and sell off the remainder of the yards. Those records confirm a central belief of the 37 when they went on strike, that Ministers wanted to close Cammell Laird. They confirm that Norman Tebbit, then Secretary of State, and Norman Lamont, then Minister of State in the Department for Trade and Industry, wanted to close Cammell Laird, potentially as early as the end of the year, when the two ships then being built were expected to be completed.

We know that, because what emerges from these relatively recently declassified records of the time, is how Cammell Laird’s future became the centrepiece of a fierce Whitehall battle between the majority of Margaret Thatcher’s Cabinet, hellbent on privatisation at any cost, and a far smaller group worried about the future of Merseyside if Cammell Laird closed. At the time, Cammell Laird was one of Britain’s most important shipyards. In existence for more than 150 years, it was a byword for engineering and shipbuilding skill of the highest order.

Warships built at Cammell Laird, such as Ark Royal, helped to protect our shores during two world wars, while other ships built there delivered huge wealth from across the globe to Britain’s shores. The 37 had helped build ships crucial to our efforts to win back the Falklands and later to take on Saddam Hussein. Short of active military service, there surely are not many more patriotic things one can do for one’s country than help build the means to defend it.

Word began to leak out in the spring and early summer of 1984 that Cammell Laird might be at risk of closure. Ministers at the time in the House of Commons denied that any major shipyard closures were being contemplated.

“I know of no such proposal.”—[Official Report, 27 June 1984; Vol. 62, c. 1095.]

So said Norman Lamont, then Minister of State at the Department for Trade and Industry. That was not quite the full picture. The Ministry of Defence had tendered for contracts to build two Type 42 destroyers in late 1983. Cammell Laird’s bid had met the quality threshold and apparently offered the best price. Over the course of nine months, from April 1984 to January 1985, Norman Tebbit successfully persuaded Margaret Thatcher and the rest of her Cabinet to delay Cammell Laird being awarded a contract to build at least one of the planned new Royal Navy destroyers.

The then Secretary of State for Defence, Michael Heseltine, recognising the profound economic and social consequences for Merseyside if Cammell Laird were to close, wanted to place orders for one, possibly two, Royal Navy Type 22 frigates with Cammell Laird, which would have secured the yard’s immediate future, and prevented even more job losses. The records released by the National Archives and the Margaret Thatcher Foundation detail how Norman Tebbit and the Department for Trade and Industry strongly objected, arguing, according to papers at the time now in the National Archives:

“If Cammell Laird did remain open, overcapacity would remain in shipbuilding with gratuitous risk to the successful privatisation.”

Commitments had been made that Cammell Laird would be able to bid and would have “a strong case” for building Type 22 frigates, as far as back as December 1982, by the then Secretary of State for Defence, John Nott, in this House. In April 1984, Michael Heseltine, then Secretary of State for Defence, underlined the significance of that commitment, and the impact on Merseyside if that commitment were not honoured and Cammell Laird closed. He particularly underlined the fact that Cammell Laird had won the MOD’s tendering process.

When British Shipbuilders published accounts in July 1984 for the previous year, it noted that Cammell Laird’s warship-building operations were still profitable, making some £3.22 million in surplus. None the less, Norman Tebbit, Margaret Thatcher and a series of Cabinet allies eventually forced the re-tender of the contracts to build these warships, delaying for almost a year the award of a warship-building contract to Cammell Laird. The papers also reveal how Norman Tebbit wanted to spin the decision, to put the blame and responsibility for the closure of Cammell Laird first on the British Shipbuilders Board and crucially, too, on the workforce, whose growing concern about their future they comment on—although they describe that as union militancy and worsening industrial relations.

Violence Against Women and Girls: Sentencing

Jim Shannon Excerpts

Wednesday 1st February 2023 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

The hon. Lady and others will have noticed a story in the press at the beginning of this week, I think, that said that four in 10 young boys watch pornographic material, which not only sexualises ladies, but shows violence towards them. That needs to be controlled, and we wish the Government to do that. Does she wish the Government to bring in legislation to ensure that access to such pornographic material is stopped?

[Cherilyn Mackrory]

The hon. Gentleman is absolutely right. The Minister might be able to clarify for us what part of the issue will be tackled in the Online Safety Bill, which covers some of it. I hope we also get clarification on what will be outstanding. I believe that the Bill is still in the House of Lords, and we are waiting for it to come back, but more work remains to be done. If it is not being done, perhaps we can ensure that it is done by the time the Bill is given Royal Assent.

I was just coming on to that subject. An Ofsted report found that nearly 90% of girls and nearly 50% of boys said that they or their peers were being sent explicit pictures or videos of things that they did not want to see “a lot or sometimes”. Children and young people said that sexual harassment occurs so frequently that it has become “commonplace”, and 92% of girls and 74% of boys said that sexist name-calling happens “a lot or sometimes” to them or their peers.

A survey of young people also found that 49% of boys and 33% of girls aged 13 to 14 thought that hitting would be okay in a relationship in at least one of 12 scenarios presented to them. As a society, we have lot of work to do to let people know that it is never acceptable to hit.

Finally, although I know Departments are working incredibly hard on this, there is some work to do to help with the court backlog induced by covid. We need to do a lot to help to reduce that; I know the Minister and his Department are working incredibly hard on it, and perhaps he will be able to comment and provide an update on where we are. There is probably more that we can do in the forthcoming Victims Bill, and I am sure the Minister will probably be able to tell us something—not everything —about how we will tackle a lot of these issues in the Bill as well.

Violence against women and girls is still a plague on our communities. Convictions and sentencing are increasing, but that is only a small part of a complicated picture. We all have a responsibility to help to end the violence, so that all little girls can grow up in a happier and safer world.

[Jim Shannon (Strangford) (DUP)]

It is an absolute pleasure to speak in the debate. I thank the hon. Member for Truro and Falmouth (Cherilyn Mackrory) for leading the debate and setting the scene so well. She is correct that what we see happening today with violence against women is horrendous. Just last week, we had a debate secured by the hon. Member for South West Devon (Sir Gary Streeter) specifically on the subject of violence against women and girls in Plymouth. He put forward the example of a plan that they are introducing in Plymouth with the co-operation of the local council, police and other services as well.

By their very nature, these debates are never comfortable to be involved in, as we speak of horrendous things. I always bring in the Northern Ireland aspect and the horrendous figures in Northern Ireland on violent, sexual and verbal abuse. For that reason, I am here to engage with others on the state of our sentencing laws, what more we can do and, more importantly, how to protect victims from further trauma and heartache.

Murders in Northern Ireland are quite horrendous. In the year 2019-20, 21 women were killed; in 2020-21, 22 were killed; and in 2021-22, 24 were killed. Those figures underline just how bad things are in Northern Ireland. It is absolutely terrible to say this, but it is a fact: we have the worst murder rate for women in all the regions of the United Kingdom. The only place in Europe that beats those murder figures is Romania. We have a real issue to be addressed. It is not the Minister’s responsibility, by the way, but I am asking for tougher sentencing laws—that will be my request off the back of the debate.

Look at the figures and what they mean. A young lady, Natalie McNally, was murdered just before Christmas, and no-one has yet been held accountable for that horrendous murder. She was stabbed multiple times, and she and her unborn baby were both killed as a result. Such things are truly very worrying. For victims of any crime and their families, a just punishment can provide some sense of safety, especially when it comes to physical, verbal or sexual violence against women and young girls. I cannot even begin to imagine the impact that those crimes leave on someone; they will bear it all their days.

Recently, I read of a story back home where a man received only 140 hours of community service in court for physically abusing his wife on two occasions. He had not learned his lesson from the first time, and he did it again. They slapped his wrist—I mean, really? I would expect a custodial sentence. The victim of that crime stated that she felt

“let down at the light sentence he received”.

“Let down”—those are just two words that I would use to describe that sentence. Another two words would be “insulting” and “unjust”. It clearly does not make that person accountable for what he did.

In December past, the Police Service of Northern Ireland arrested 39 people in a specific and focused Northern Ireland operation targeting violence against women and girls. Over 20% of crimes reported to the PSNI have a domestic motivation, and they can be as often as one every 16 minutes; in the time we take for this debate, we could have 15 or thereabouts.

[Mrs Helen Grant]

We certainly have more laws now to protect victims than we did 50 years ago and we also have more organisations to support victims. Does the hon. Gentleman agree that we also need to do much more in terms of prevention?

[Jim Shannon]

I wholeheartedly agree. To be fair, the hon. Member for Truro and Falmouth mentioned that. We need to focus on that, and the Minister might give an indication of what will be done. It is right to say there is more focus on it now. As I said last week, I am of a generation that means that respect for ladies was at the top of my upbringing as a young boy in Northern Ireland. Perhaps some of our generation had a bit more respect, or perhaps things were happening but we did not know about them. That could be the case—I do not know—but we need to look at bringing in strong prevention.

Allowing the police to investigate is one thing, but ensuring that a just and deserving sentence is given is the main factor in all of this. I am clearly asking for better sentencing. I do not want a slap on the wrist for a guy who thinks he can beat up his wife two times and it will not matter. He will do it a third time, and what has he learned? That is the question I am asking.

There is a direct correlation between repeat offending and prison sentences. The Department of Justice back home revealed that adults released from prison had a proven reoffending rate of 38.6%. I am all for rehabilitation in prison. I want to see people doing better and coming out with a changed attitude to life and to how they can contribute to society, rather than be negative towards it. But those figures are massive, and I have no doubt that a proportion of them feature violent crimes against women and girls. The figures in Northern Ireland already show that many people are facing custodial sentences for that reason.

Figures show that the same is the case for sexual assaults. Often, someone is convicted, serves a year or two in prison, is released and then goes on to ruin someone else’s life. I sometimes find it difficult to read about some of those cases in the papers. I see the headlines and start to read, but the horror of what has happened means that many times I cannot continue or conclude that story. I tend to agree that if harsher sentences were introduced at the start for violent occurrences towards women and girls, greater rehabilitation could take place and criminals could realise their place in society as a civilian and not as an abuser.

In 2021, UK Victims’ Commissioner, Dame Vera Baird, called for all domestic homicides to be reviewed. I totally agree. She stated that that is evidenced by falling criminal justice outcomes for crimes that disproportionately affect women and girls, particularly rape. An important point I want to put on record is that women in domestically abusive relationships are more likely to raise a weapon to defend themselves against an abusive partner, which tends to attract, by the nature of the law of this land, a higher sentence than the initial abuse inflicted by the man. Can that be? That a lady who defends and protects herself, under great trial and violence, gets a higher sentence than the guy who was beating and trying to kill her. There is something not right with that and I cannot understand it. That information was gathered by the Centre for Women’s Justice to ensure that courts recognise the necessity of sometimes using a weapon in retaliation when in fear for one’s life, to defend one’s life or those of one’s children.

I met this week with the local police chief in my constituency. That is not the responsibility of the Minister, but I want to use this example to give the Northern Ireland perspective. We discussed the slashed policing budget. One of my immediate concerns is the need to ringfence the officers and support available for victims of domestic violence and abuse. The first point of contact must be a safe place, with trained officers who can help to ensure that the case makes its way to prosecution, and we need to ensure that police officers can provide that first point of support at any time of day or night. I do not say this to give the Minister a big head, but he responds to our requests in a very positive way and I am sure that he will give us some reassurance, which is what we seek.

To conclude, it is important that we do all we can to shed light on the situation and support those whom the issue directly impacts. Blatant evidence and numerous first-hand accounts show that not enough is being done to ensure that criminals who commit violence against women and girls are sentenced accordingly. I want to see tougher sentences. I want to see those people chastised and in jail for the terrible crimes that they commit. Some of the figures are abhorrent. To tackle the issue, we must consider what impression the current sentences make, and clearly they are not doing much at the moment. I call on the Ministry of Justice and Home Department to consider the issue for review to ensure that women and girls get the assurance that they require and that criminals get the punishment they deserve.

--- Later in debate ---

[The Minister of State, Ministry of Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Mr Robertson—let us see how far I get before the Division bell rings.

It is noteworthy that the tone of the debate has been extremely constructive and, in that context, I pay tribute to my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory) for securing it. When there is other business in the main Chamber, there is always a risk regarding the quantity of Members present in this Chamber, but that has been made up for by the quality of the contributions from all Members.

Violence against women and girls is never acceptable. I note the dedication across the House to ensuring that women and girls feel safe in our communities and that offenders who commit these heinous crimes, which have such a devastating impact on the lives of victims and survivors, receive just sentences that reflect the nature of their abhorrent behaviour. Of course, I share that sentiment.

As happens perhaps more often than not, I agree with the shadow Minister, the hon. Member for Lewisham West and Penge (Ellie Reeves), on a number of points, but I gently disagree and take issue with her suggestion of inaction from this Government. She knows the Government’s strong record since 2010 in passing legislation to tackle a range of offences relating to violence against women and girls and in investing in the systems at police, CPS and court level to ensure that this is about not just a criminal-law framework but making sure that the system is responsive.

In that context, I pay tribute to the shadow Minister and her party. Just as my hon. Friend the Member for Darlington (Peter Gibson) highlighted, for example, the Children Act 1989, I will mention the Domestic Abuse Act 2021 2021, the first iteration of which I helped to draft and introduce in 2019 with my hon. Friend the Member for Louth and Horncastle (Victoria Atkins). We also have legislation tackling modern slavery and upskirting and strengthening sentences against stalking and harassment. However, I pay tribute to the Opposition, because when they were in government they, too, made great strides forward in tackling these offences—the Female Genital Mutilation Act 2003 springs to mind. It is important to recognise the cross-party work on these issues, and I pay tribute to the hon. Member for Bath (Wera Hobhouse), because between 2010 and 2015 her party played its full part in that.

Tackling violence against women and girls is a priority for this Government and for the Prime Minister. I just paid tribute to the Opposition and, actually, it is important at this juncture to pay tribute to the former Prime Minister, my right hon. Friend the Member for Maidenhead (Mrs May), for all the work that she did in this space both as Home Secretary and as Prime Minister. The Government are committed to addressing this complex issue from multiple angles, reflecting, as my hon. Friend the Member for Truro and Falmouth set out, the breadth of offences that could be considered in the space of violence against women and girls, while seeking to keep victims at the heart of all that we do. We are taking an ambitious, holistic approach to the issue of violence against women and girls, seeking to prevent such crimes from occurring and to improve outcomes for victims when they do.

I must be clear, as Members would expect me to be, that sentencing decisions are rightly a matter for our independent judiciary in individual cases. The Government, however, have a role in ensuring that the sentencing framework is just, proportionate and fit for purpose. We regularly review and scrutinise the maximum penalties for criminal offences to ensure that the courts have sufficient powers and flexibility to address all types of criminal behaviour appropriately. Of course, we take account of the views of victims, stakeholders and the wider public to inform our decisions. As always, I am grateful to Members for setting out their perspectives in the debate, reflecting not only their parties’ positions but, I suspect, what they glean from regular contact with their constituents.

We have seen an increase in average custodial sentence lengths for a range of offences in this space. Since 2013— we often go from 2010—in the case of all sexual offences the average custodial sentence length has increased. The average length of a custodial sentence for the rape of a female aged 16 and over has increased. Average sentences for taking, possessing or distributing indecent images of children—that can shade into this space—have increased. For sexual activity with a family member under the age of 17 where the offender is over the age of 18, average sentences have increased, as they have in the case of voyeurism and the abuse of children through pornography and prostitution. So, over that period of time, we have seen an increase in the average sentences handed down by the courts for those crimes.

As I alluded to with my hon. Friend the Member for Truro and Falmouth, violence against women and girls does not relate to any single criminal offence but encapsulates a wide range of behaviours from domestic and so-called honour-based abuse to sexual offences and murder. Many offences that are typically associated with violence against women and girls already carry high maximum penalties, as I have alluded to, including life imprisonment. For example, in the year ending June 2022, the average custodial sentence for adults convicted of rape was more than 10.5 years.

When deciding which sentence to impose, the courts take into account all the circumstances surrounding an offence, including any mitigating and aggravating factors. Provisions in the sentencing code must also be taken into account, as well as sentencing guidance issued by the independent Sentencing Council. In 2018, the council introduced an overarching guideline on domestic abuse that ensures that when any offence is committed in the context of domestic abuse, the court must consider that when sentencing, which can lead to tougher sentences.

The shadow Minister was right to highlight the apparent disparities in sentencing between murders—often with a knife—in a domestic context versus a street or other context. I suspect that the increase in the tariff for those who bring a knife to the scene was designed to tackle street knife violence and knife crimes, but its impact has been apparent disparities in sentencing for homicide, which is essentially an equivalent crime. I will turn to that in a moment.

[Jim Shannon]

I thank the Minister for what he is saying. In my contribution, I gave the example of a lady who, after multiple beatings and abuse, may reach for a knife to protect herself. The sentence for that lady doing something to protect herself would be higher than what the perpetrator would get for attacking her. Will the Government look at that?

[Edward Argar]

One should always be cautious about generalising a particular crime from particular circumstances. When there is a particular set of circumstances, as the hon. Gentleman set out, a judge will be able to consider the context—the aggravating factors and mitigating factors—in determining appropriate sentencing. I am therefore a little cautious about drawing a general point from the scenario he sets out, because judges do have at their disposal the ability to recognise context as either a mitigating factor or an aggravating factor. I have faith in our independent judiciary to consider that when sentencing.

Of course, all that is not to say that the law should not be reviewed and updated. To that end, the Government have commissioned a review of the sentencing of domestic homicides to ensure that the law deals properly with such cases. That review, as the shadow Minister highlighted, was undertaken independently by Clare Wade KC. I am currently considering the recommendations made in that context. She rightly said that they were delivered a little late, but there were understandable reasons for that and we are now taking our time to consider them.

The shadow Minister was both kind in her comments and asked for reassurance that I would consider them expeditiously. I think I have summarised her position correctly, and I will certainly do that. I am keen that we bring forward the review and our response as swiftly as possible. It is an important and complex area of law, and I want to ensure that we give due care to considering all the implications of any proposed changes, or, indeed, what is in the review, before we bring forward a response.

I am sure Members will agree that victims must be confident that dangerous and serious offenders will serve an appropriate period of time in prison. That is why the Police, Crime, Sentencing and Courts Act 2022, which came into force last April, ensures that those convicted of some of the most serious sexual and violent crimes, such as rape, manslaughter and attempted murder, spend a longer proportion of their sentence in prison. This better protects the public and gives victims the confidence that justice is being served. If an offender is given a discretionary life sentence, they will serve longer in prison before becoming eligible to be considered for release by the Parole Board. My hon. Friend the Member for Truro and Falmouth made the point about the shift to two thirds of that sentence rather than a half, which she was right to highlight.

I must reiterate that the landscape of violence against women and girls is varied and complex. It is not sufficient merely to seek a solution through increased sentences alone—I do not think any Member who has spoken today would suggest that was the only solution—which is why the Government have already taken target measures to prevent and address these appalling behaviours and support women and girls who are victims of such crimes. That is absolutely vital. The hon. Member for Bath said we need to look at this with a whole-system approach. It is not just about sentences: it is about police, victim support services, the CPS, the court process, and then, upon conviction, sentences and protecting the public.

Last year, the Home Office published the cross-Government tackling violence against women and girls strategy, and a complementary tackling domestic abuse plan. The strategy and plan aim to transform society’s response to prevent offences, support victims and better pursue perpetrators, as well as strengthen the systems and processes in place that are needed to deliver those goals.

As part of the implementation of the strategy, the Government allocated £125 million to communities across England and Wales through the safer streets fund, and invested another £5 million in the safety of women at night fund. That funding has supported the delivery of a range of initiatives that seek to improve the safety of women in public spaces, including preventive policing to identify vulnerable individuals and potential perpetrators, safe-space initiatives, taxi-marshal schemes to help to ensure that women travel home safely, and education awareness programmes in night-time economy venues and higher education establishments. I will come to that in a moment.

As my hon. Friend the Member for Truro and Falmouth alluded to, Cornwall Council has been awarded £664,802 through the fourth round of the safer streets fund, to support the delivery of a range of interventions that aim to tackle violence against women and girls and antisocial behaviour. I pay tribute to her local council, her local police and crime commissioner, Alison Hernandez, and her new chief constable, Will Kerr—who was sworn in last December—for the work they are doing on specialisation in tackling violence against women and girls.

My hon. Friend the Member for Darlington touched on the work being done by the safer streets fund in his constituency, and its success. If appropriate, I might have the opportunity to visit and meet him and the team at the hub at Number Forty to talk about their work locally.

--- Later in debate ---

[Edward Argar]

I am grateful to the hon. Lady. I suspected I knew what she meant, but I wanted to be clear for the record. To ensure that victims are adequately supported, the Ministry of Justice is also quadrupling the funding for victim and witness support services, which includes funding to increase the number of independent sexual violence advisers, ISVAs, and independent domestic violence advisers, IDVAs, by 300, to more than 1,000 by 2024-25.

[Jim Shannon]

Will the Minister give way?

[Edward Argar]

I will just finish my point and then, of course, I will give way. In that context, we are recommissioning the rape and sexual abuse support fund to March 2025. In December 2022, we launched a new 24/7 support line for victims of rape and sexual abuse, meaning every victim now has the option of accessing free, confidential support, wherever and whenever they need it.

[Jim Shannon]

I welcome the Minister’s commitment to extra support officers; I think he referred to about 1,000. Whenever there are delays in rape cases, for those people traumatised by the physical action against them and who may be fearful, I want to seek assurance that, when it comes to those extra staff, direct contact is made with those with a case pending, to ensure that physically and verbally—the two aspects met in relation to their cases—they do not feel let down by the service due to the delays. That is where I am seeking help.

[Edward Argar]

The hon. Gentleman almost reads my mind. I was about to turn to a number of key elements that I believe have to form part of the response. Legislation forms a part, but it is very easy to say, “We must change the law.” This is not just about altering law; it is about a whole system response. A key element, as the hon. Gentleman highlights, is the support available in a timely manner, to ensure people get the physical and emotional support they need, and the support through the criminal justice process, to understand what is happening and their rights, and to know they have someone they can trust who is there to talk to. He is absolutely right to highlight that.

Alongside the law and the support that needs to be in place, we need to look at how the different parts of the system work together, particularly the CPS and the police, as the hon. Member for Bath mentioned. She touched on Operation Soteria, which seeks to do that with the police and the CPS. I had the privilege of meeting the hon. Lady’s force recently. I was in Avon and Somerset and met the fantastic Chief Constable Sarah Crew, to hear about its stats.

Avon and Somerset was the first of the forces to embark on the Operation Soteria programme. There are now 19 forces at different stages. It is an academic deep dive designed to look at how to better improve outcomes at each stage of the system and to create a national operating model that other forces can adopt. Among the pillars of that work is close partnership working between the police and the CPS, so that both elements of that system understand what the other is doing, and what is required to have the best chance of a successful charge and court case, while understanding the impact on the victim and trying to minimise the intrusion.

In that context, I looked at the work being done around forensics and how to move to that target of 24-hour turnaround for a victim’s phone when data is needed from it, and to ensure that what is taken is proportionate and is done, as it has to be, with the victim’s consent and full understanding. It is up to them and they are in control of that process. The hon. Lady also touched on the importance of data in understanding the analytics and what forces can do in that space.

Crucially, the programme looks at the importance of specialist officers investigating the crime, and supporting them emotionally with the work they do, which is incredibly stressful. Lastly, the key element the hon. Lady touched on is the focus on the perpetrator’s behaviour, rather than what has often been seen by victims in the past as an over-focus on their behaviour. Operation Soteria has huge potential in this space, but as hon. Members know, it is not the only element. It is a part of the solution, but no one thing alone will solve this problem.

Finally, several hon. Members touched on education, and attitudinal and cultural change. We have seen similar debates in this House in the context of the police in the light of the Carrick case, but more broadly it is about educating men and boys, and changing attitudes. This is perhaps more in the context of the Online Safety Bill, but yesterday I watched the incredibly powerful documentary “Asking for It?” by Emily Atack, in which she talks about her experiences. Of course, no woman is asking for it, but she bravely talks about the online abuse that she receives and the attitudes that it demonstrates. I pay tribute to her for her powerful and moving documentary, which shone a light on exactly what my hon. Friend the Member for Truro and Falmouth has been talking about: the need for an attitudinal shift among not just men and boys, but society as a whole.

To conclude, in May last year we published our landmark draft Victims Bill, alongside a wider package of measures to improve victims’ experiences in the criminal justice system. The Bill signals what victims can and should expect from that system by enshrining the overarching principles of the victims code in primary legislation. We carefully considered the Justice Committee’s pre-legislative scrutiny report and responded to it on 19 January, agreeing with a number of its recommendations to further strengthen the Bill. I look forward to the Bill being brought before the House for debate, and hopefully passage, as soon as parliamentary time allows.

I hope I have reassured my hon. Friend the Member for Truro and Falmouth that the Government recognise and share her view about the importance of this issue. We are carrying forward our ambitious plans to tackle violence against women and girls. I have heard the points that have been raised and I will reflect upon them carefully. I look forward to updating the House in due course; I suspect we will have further debates.

Future of the Parole Board

Jim Shannon Excerpts

Wednesday 18th January 2023 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairship, Mrs Murray. I thank the hon. Member for Blackley and Broughton (Graham Stringer) for leading the debate, and the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), who has had to go to another meeting, for her great knowledge of the subject. If she had been able to make a speech, that would have added to the debate, but her interventions certainly helped to steer it in a certain direction.

The hon. Member for Blackley and Broughton is absolutely right. I will echo his concerns and give some examples from Northern Ireland, although the Minister here today does not have direct responsibility for all that happens in relation to the Parole Board or, as it is in Northern Ireland, the Parole Commissioners for Northern Ireland. I appreciate that the Parole Board is complex, and is limited mostly to England and Wales, and it is important to recognise that we have a separate entity in Northern Ireland.

The 2018-19 parole reforms were crucial for the safety of victims during the parole process. They were partly a response to the case of John Radford, a prolific rapist who committed over 100 assaults. None of his victims was informed when he was released on parole, when they should have been. The case resonated with me at the time in terms of the importance of supporting and defending the victims of crime.

I remember a case in my constituency of Strangford in Northern Ireland. A lady was in the major supermarket in Newtownards one day, when she turned a corner to be met with the man who had murdered her son during the troubles. She had no idea that he had been released; she had never been consulted or told. That lady was shocked and traumatised when she turned the corner of the shelves and there he was—blatant, unrepentant and with almost a wink of his eye as he looked towards her. The impact on her was dramatic, and if it were not for the fact she had the trolley and the shelves to lean on, she would probably have collapsed there and then in the aisle of the shop.

In that case, due diligence had clearly not been completed. We must support such measures for any future changes to the Parole Board or the Parole Commissioners for Northern Ireland. The traumatising of the public or retraumatising of the victim should be at the heart of the discussion. I have extreme concerns about that, as, I am sure, do many across the House. The hon. Member for Blackley and Broughton clearly and succinctly put that matter on record.

There have been ongoing discussions about whether it is acceptable for the Parole Board to be an executive non-departmental public body or whether it is more appropriate for it to be a part of the court system. The Minister always takes our thoughts on board and tries to respond positively, so will he clarify that point?

In my office, we often have phone calls about matters such as custody of children, family finance issues and marital support. Fortunately—or unfortunately, perhaps —as elected representatives we have no say in relation to legal matters. We have been told to leave such issues up to the courts, solicitors and tribunals. I always do that; I never advise on a legal matter, as I am not qualified to do so. I can give people information about where in the town they can seek legal advice. If it is a work issue, I will refer them to the Labour Relations Agency. The best legal advice comes from people who are qualified to respond.

However, with the parole system, there are circumstances where the Secretary of State can have a say and apply to the Parole Board for reconsideration of a decision that has been made. I am ever mindful that in Northern Ireland, with the troubles we have had, the case for many who have lost loved ones is real. In a small Province like our own, in many cases those who have committed the most beastly, monstrous and terrible crimes walk the streets, so victims will always be paramount in my consideration.

Victims of crimes can ask the Secretary of State for a reconsideration mechanism, but I believe the victims themselves should be able to take these matters forward, as ultimately it is their lives that will be turned upside down. Some victims I know carry the burden of a lost one to their very grave. I have personally known some of those people; I often think of the ones who lost their lives in the troubles. I particularly remember someone whose family member was murdered by the IRA, and he told me that he thought of them every morning when he woke up and every night when he went to bed. That is what it means for victims, and then they see the perpetrators of those crimes walking the streets—I will use the word “unrepentant,” because in many cases they are; there might be some who wish they had never done what they did, but there are many who do not have that attitude.

The changes recommended by the 2022 root-and-branch review of the statutory test for release still must be implemented. The UK Government have argued that in the absence of parliamentary intervention, the application of the current test has drifted from its original intention. In the most serious cases, I believe that Parliament should have a role to intervene where the victim is comfortable and satisfied with Parliament and Government doing so. Again, that is my request to the Minister: is that something that the Government would consider? I think that should be done, and I am keen to hear the Minister’s response.

A more precautionary approach must be taken, with more input from more representatives to ensure the very best outcome. Parole hearings need to take into account what are described as top-tier offences—for example, murder, rape, terrorism or terrorism-related offences, and allowing or causing the death of a child. I find it impossible to fathom, or to understand in its entirety, the pain of those who have lost loved ones for those reasons, and how that traumatises the family—that mum, dad, brother, sister, grandparent, uncle or aunt—forever. In many people’s humble opinion, those sorts of crimes do not warrant parole or release, as the hon. Member for Blackley and Broughton said in his introduction. Those crimes are of such magnitude, ferocity and evilness that I probably would not support parole for them, on the grounds that the victims’ families should be paramount in any decision on release. In many people’s humble opinion, not just mine, those sorts of crimes do not warrant parole, or being released but under review. When such a decision is to be made, it must be referred to the Secretary of State and to central Government here.

The onus of this discussion has always been on, and should always remain with, the victims of crimes. It is sometimes easy for behaviour to be assessed after years have passed, and sometimes people can change, but the hurt and torment never go away for those who are left to pick up the pieces. Victims deserve to have their opinions aired at public tribunals, and those opinions must be paramount in all that happens. They deserve to feel safe in the communities they live in; more importantly, they deserve to feel that our judicial system and our Government are working for them and only for them—for the victims, not the perpetrators, of those awful crimes and for the lives that have been changed forever. It is those for victims that I am here today, as is the hon. Member for Blackley and Broughton.

Prison Capacity

Jim Shannon Excerpts

Wednesday 30th November 2022 Commons Chamber

[Damian Hinds]

Foreign national offenders are a significant minority of the prison population and it is important that we have a good process to remove them. As my hon. Friend will know, in the Police, Crime, Sentencing and Courts Act 2022, we changed the law to enable removal at the nine-month point rather than at 12 months. Of course, we have also signed the agreement with Albania, and we are keen to sign similar agreements with other countries in the EU and the wider world.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his answers. In Northern Ireland, the prison population has increased by 3.2% this year. Justice is devolved in Northern Ireland, as he knows, but nationally prison staff increasingly need help to cope with the prison population. What discussions has he had with his counterpart at the Northern Ireland Assembly in relation to prison capacity, to share ideas and thoughts on how to move forward and on steps to reduce the number of those in the prison population in the next year?

[Damian Hinds]

The hon. Gentleman is right that this is a devolved policy matter, but I am open—indeed, keen—to speaking to colleagues in the devolved Administrations and other jurisdictions. I always say that there is no practical limit to how much we can all learn from each other.

Devolution of Justice: Wales

Jim Shannon Excerpts

Tuesday 29th November 2022 Westminster Hall

[Liz Saville Roberts]

Again, I will return to that. This is not just a matter of serving the needs of Wales. Sending thousands of prisoners miles away from home—men or women—does not serve the vast majority of those prisoners well either. If we want a joined-up magic connection with housing, work and maintaining kinship, family and friendship connections, which we know are the routes to successful rehabilitation, we should not send prisoners hundreds of miles away from where they will return, because those links will not be made, be they back home in Wales or in communities in England.

[Jim Shannon (Strangford) (DUP)]

I am encouraged by what the right hon. Lady said. When we look across this great United Kingdom of Great Britain and Northern Ireland, there are two examples of where it has happened: Northern Ireland and Scotland. Surely those are examples of what has worked, and Wales should have the same opportunity as Northern Ireland and Scotland for the benefit of those in Wales.

[Liz Saville Roberts]

I am grateful to the hon. Gentleman for his intervention, and I am honoured that Members from across parties are pointing out the inconsistency that we are experiencing in Wales.

The UK Government’s prison population projections from 2021 to 2026 anticipate that prisoner numbers in the England and Wales conglomeration will rise to 98,500 by March 2026. Those are extraordinary figures. As part of that increase, the Ministry of Justice anticipates that the number of adult female prisoners in England and Wales will increase by over a third—36%. Disaggregated data from Wales shows that the number of Welsh women in prison will likely increase from 227 to 308. Therefore, the provision that is being planned now for south-west Wales, although welcome—even to those of us who disagree that that number should be arriving in the system—is highly unlikely to deal with the numbers we are anticipating to arrive in the system.

Under the plans that took effect in May, the maximum prison sentence that can be handed out by magistrates has increased from six months to a year, which is also expected to contribute to a rise in prisoner numbers. Disaggregated sentencing data shows that the average custodial sentence length for women sentenced in Wales already increased from seven months in 2017 to 13.6 months in 2021. Although 23% of the Welsh female prison population was serving sentences of four years or more in 2019, that has increased to 29% in 2021. How does that align with the Welsh Government’s stated aim to reduce the number of Welsh women in prison? The answer, of course, is that it simply does not because there is no direct link between the very worthy policy, which most of us support, and the means to bring it about.

I am pleased that the UK Government are working with the Welsh Government to establish a pilot women’s residential centre in Wales as an alternative to custody, and my probation service in north Wales is doing very good work to the best of its ability on the ground, but the policy and structure that we have in place hinder it. In truth, the number of women supported will be small and focused in very specific areas of Wales. Therefore, my second question to the Minister is: given that overall incarceration of women from Wales will increase, does he honestly believe that to be coherent policy making for women in the criminal justice system in Wales? Particularly since the autumn statement, it looks likely that Departments such as the Ministry of Justice will have less capital money to spend in the long term. I wonder where that leaves the development of multiple women’s residential centres across Wales.

Another issue that shines the cold light of reality on the jagged edge is housing. Housing and the responsibility for preventing homelessness lie, as we all know, with the Welsh Government, and have done so for 22 years, but the policy aim is not properly aligned with the Westminster-controlled criminal justice system at present. The removal of priority need for prison leavers in the Housing (Wales) Act 2014 was driven by several factors, including low levels of housing stock and pressures on hard-working local authority staff in finding accommodation for prison leavers. It was, however, in part due to the inability of the Welsh Government to control or even influence the upstream factors that affect the rate and timing of demand for housing prison leavers. Even though prison leavers still get let out of prison on Fridays, they get no support at the weekend. The outcomes of that need proper scrutiny.

Those factors include the rapid rise in prison leavers from an ever-expanding prison population, the long distances from home addresses, which reduce the likelihood of prison leavers being able to receive support services, and the fact that Welsh prisoners are widely dispersed across England, making it hard to know when and where the demand will arise when they return to Wales. The same facts apply equally to English-address prisoners held in Welsh prisons. This is not looking at the justice experience just from a Welsh perspective but as a totality.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate, Mr Vickers. I thank the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) for leading today’s debate.

As a politician representing Northern Ireland, I clearly appreciate the importance of devolution and its contribution to this great United Kingdom, and that is why I am present in today’s debate, despite it relating to Wales. I want to speak about Northern Ireland and to tell Members what we have done and how it has worked for us. Devolution is all about locality and co-operation between our local Parliaments and Westminster, so it is great to be here to reinforce that importance and explain why the right hon. Lady’s contribution is significant and cannot be ignored.

When the Welsh Parliament was established in 1999, it was not intended to be a Government body, hence the lack of devolution relating to justice. Since then, we have seen the devolution of some matters to the Welsh Senedd, but justice remains solely under Westminster control. In Northern Ireland and Scotland, justice is very much devolved, and I will give some examples from Northern Ireland of how devolved justice can be and has been successful. It has been successful for us and, as the hon. Member for East Lothian (Kenny MacAskill) said, for Scotland, so I think it can be equally successful for Wales.

We have our own Department of Justice in Northern Ireland, with the ability to pass and amend laws, and we have our own Minister of Justice and a policing board, which integrates members of all communities in Northern Ireland. It is possible to do that, and we have done it and done it well. The Department covers all aspects of the justice system—most notably policing and community justice.

Community safety is critical for any country, and I believe that that heightens the calls to devolve justice to Wales, which is what the right hon. Member for Dwyfor Meirionnydd requested, and others backed her in that. While police officers answer to the Home Office in England, the division of powers perhaps makes it difficult to align the justice system in its totality with matters that Wales does have a say over, such as health and education.

Since 2009-10, the UK Government’s day-to-day spending on public services has decreased significantly in real terms, with UK Ministry of Justice spending falling by 40%, and the Home Office’s by around 25%, which puts further pressure on the Welsh Administration. For the safety of the people of Wales, which is absolutely key, it is important that they have more of a say in the funding of their own justice system, giving them the scope to allocate their own budget to their own justice system.

On justice matters such as drug abuse or mental health, there should be collaboration with the Welsh health system, but I imagine that that can become increasingly difficult. There are potentially large benefits to devolving justice to Wales, which the right hon. Member for Dwyfor Meirionnydd tried to illustrate. If we look at the success of the justice Departments of Northern Ireland and Scotland, we can see that a local, joint understanding of tackling crime is indeed the way forward.

To conclude—I am working within the timescale that you suggest, Mr Vickers—I understand the right hon. Lady’s frustrations about why justice has not been devolved yet—but it should be. Perhaps the Government will consider looking at that in the future. Perhaps today’s debate will start that discussion. As mentioned earlier, the devolution of justice certainly makes the running of the criminal and judicial systems in Northern Ireland much smoother. There is also a greater understanding of how the system works when the people running the system were brought up in that environment. We already have that in Northern Ireland and Scotland, and we also need it for Wales.

I look forward to keeping up with developments on this issue. It is great that we can all represent different regions within the United Kingdom of Great Britain and Northern Ireland, and at the same time understand the importance and success of devolution. We all want devolution—the Government are committed to it—so let us see it in action in the justice system for Wales.

Legal Rights to Access Abortion

Jim Shannon Excerpts

Monday 28th November 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Gower (Tonia Antoniazzi) for setting the scene. Although in all honesty the hon. Lady and I have two very different points of view, I respect her right to have that point of view. I hope she will respect my right to have a different point of view—I want to make that point today if I can. It is always a pleasure to see the Minister of State, Ministry of Justice, the right hon. Member for Charnwood (Edward Argar) in his place. I hold him in high regard; I think we all do, to be fair. I look forward to his comments and also to hearing from the right hon. and hon. Members who will make their views known.

In my time in the House, I do not think there has been a debate in which I have not made the effort to speak and express views on behalf of my constituents. With respect to the right hon. Member for Basingstoke (Dame Maria Miller), who referred to Northern Ireland, my understanding is that it is very clear in the polls in Northern Ireland that the majority of people are absolutely opposed to abortion on demand and the system of abortion in Northern Ireland. That system was imposed by this House—I will refer to that, of course, but I just want to put it on the record that that is the case.

I have received literally hundreds of emails, as I know others have, on the debate from my constituents of all ages, both genders, of all political opinions and of all religious persuasions on the importance of speaking up for life and, furthermore, the importance of speaking up for the lives of both the woman and the unborn child. The debates always seem to focus—for some anyway—on the rights of the woman, but the rights of the unborn child are disregarded as though they did not matter.

I want to put my position on the record: it is important to protect the lives of both the ladies and the unborn child. I will refer to that later on, too. I will always be a voice for the unborn child. I believe totally in the right of life and I thank Right To Life UK for its help in preparing evidence-wise for the debate and for some of the things it has made me aware of. I will continue to do this; it is the right thing to do.

I want to address an important point that is often misunderstood in the debate. It is fundamental to what we are talking about. There is no right to abortion in international law. The House has come under intense pressure to change the UK’s abortion laws so that they conform with international law, but let me be clear—let us all be clear—that the European convention on human rights does not recognise a right to abortion. The UK is under no obligation, as was mentioned by the right hon. Member for New Forest West (Sir Desmond Swayne) in an intervention, to change this law to conform to international law.

Members should not take my word for it, of course. They should look at the evidential base. The European Court of Human Rights has confirmed that there is no right to abortion in international law. It has maintained that position for the last 30-plus years. The USA, which others have referred to, cannot and should not influence the law in the UK. I am glad to say that the UK retains its own jurisdiction to make its own laws, and there is neither the need nor the demand to change those laws to recognise a right to abortion.

We in Northern Ireland have the jurisdiction to make our own laws on most occasions. On other occasions, we do not have jurisdiction, because other Members think it is better for them to make the decision here rather than the elected representatives back home in Northern Ireland. As my party’s spokesperson for health, I want to get across that points on behalf not just of my constituents but of all those in Northern Ireland, a vast majority of whom feel that their democracy has been overruled. The decision could be made in Scotland, Wales and here in England, but somehow not in Northern Ireland. I want to speak for women in my constituency and Northern Ireland who oppose abortion and do not agree with the legislation that has been imposed on them by Westminster.

I ask the Justice Minister how and why it should be right that legislation on abortion should be passed in Westminster that disrespects the animosity and opposition of those in Northern Ireland. It was in the paper last week that the Secretary of State for Northern Ireland could not find a way to ensure the money for energy price increases would be available in Northern Ireland, but guess what? He could find the money to finance abortions in Northern Ireland. With great respect to the Secretary of State, how can he do one thing but not another?

With the recent introduction of the Northern Ireland (Executive Formation etc) Act 2019 and the Abortion (Northern Ireland) Regulations 2020, women can now obtain abortions in Northern Ireland. Abortion is available de facto on demand up to 24 weeks’ gestation. That was opposed in this House by us and by others, many of whom are here tonight. I find it shocking and very saddening.

I have a constituent who had her daughter at 26 weeks. I have met that lady, and I think others have referred to her. When her daughter was born, she could fit in the palm of her daddy’s hand. That is how big that wee morsel was. She is now a full-grown lady. She has a job, drives and lives as happily as anyone else. She is alive today because of the NHS and the system we have. In many years past, a premature baby would not have lived. The point I am making is that if she can survive being born at 26 weeks, why are terminations available at 24 weeks? Allowing on-demand abortions up to 24 weeks does not give the baby a right to life.

In Northern Ireland, 100,000 people are alive today because abortion was not available in Northern Ireland. Those 100,000 people have made a significant contribution to society, have married and have jobs, and they have a positive attitude to life because of that. Those people are alive today. I say again that I believe what has happened to us in Northern Ireland is totally outrageous.

Many people on the other side of the debate, particularly those who take a more globalist view—for want of a better description—try to claim a right to abortion in international law, but the European Court of Human Rights has been crystal clear. Its decisions confirm that article 8 of the European convention on human rights, the right to a private and family life, does not confer a right to abortion. The Court has also ruled that countries can pass laws that ban or restrict abortion, even where the health and wellbeing of the woman is at risk. Such laws would and could not offend article 8.

There is a claim that the public and medical professionals overwhelmingly support decriminalisation. That is simply not the case. Evidence shows that 91% of women agree that sex-selective abortion should be explicitly banned by the law. The support of the Royal College of Midwives for the BPAS campaign on abortion up to birth saw a backlash from over 1,000 midwives protesting the RCM position and faced national opposition. In his two interventions, the hon. Member for Bolton West (Chris Green) mentioned that very case of selective abortion. He and I share the same concern over the potential for that in the future and the impact it will have.

This is a sensitive subject, and there are many strong and emotive views. One issue I set out to put on the record is the matter of coerced abortions from home and the issue of easy access to abortion pills. The hon. Member for Congleton (Fiona Bruce), my hon. Friend the Member for Upper Bann (Carla Lockhart) and others expressed concern directly to the Minister, and we met on a number of occasions to activate that point of view. As became more noticeable throughout the pandemic, women were subjected to phone calls to discuss their options and were sent pills, often without requesting them and usually under duress. Our concern was—it always was—that that approach is being used maliciously and wrongly. No face-to-face discussion or assessment is a step backward, not forward.

It was not and never should have been the position of Westminster to take any decision on abortion for the Northern Ireland Assembly and my constituents in Strangford, who overwhelmingly oppose this legislation and change. They did not want to see the abortion on demand that we have in Northern Ireland; they stand clearly for the right to life of the unborn child. There must be an element of respect for the thousands of my constituents who said that they do not want abortion on demand up to 24 weeks.

I and many others in this debate, I am glad to say, will stand up on every given occasion and speak up for those constituents and the life of the unborn child. I will also speak up for the constitutional value of Northern Ireland in this United Kingdom, and its place as a legislative body where any decisions on abortion should have taken place in any case. I look forward to the Minister’s response, ever mindful that we must protect the woman and the unborn child equally—not to the detriment of one against the other, which is what some Members have proposed today.

--- Later in debate ---

[Fiona Bruce]

It is very interesting that a large number of organisations, as my right hon. Friend has mentioned, are joining together in what I referred to earlier as a national and, indeed, international campaign to see the law changed on abortion. It is all part of a co-ordinated move to reduce the protection that already exists in our country today for the unborn child.

[Jim Shannon]

I fully support what the hon. Lady is saying. In my contribution I referred to the Royal College of Midwives and the 1,000 midwives who expressed concern the direction this is going. Opinion is divided between those in favour of abortion and those who are against. Clearly, we cannot move forward when there is division among the doctors and nurses themselves.

[Fiona Bruce]

I thank the hon. Member for that intervention. In this country we already allow abortions to term where the unborn child has a relatively minor and correctable physical condition. I have spoken about that many times before in the House because I have a son who was born with a club foot. Some 90% of babies with Down’s syndrome are aborted. A right to abortion would open the door to even more abortions after 24 weeks —a period of time inconsistent with medical advances that now enable babies prematurely born before that time to survive to 22, and in some cases even 21, weeks.

--- Later in debate ---

[Edward Argar]

If my right hon. Friend will give me a little space, I was going to come to her remarks on that, and also on the position of the Department of Health and Social Care. The recent legislation in Northern Ireland was implementing the will of Parliament rather than Government, and I will come to that. She tempts me on the issue of the Government taking a particular view on the issue. I will turn to that in a moment if she will let me make a little progress, but I will of course address her points.

In practice, the framework means that access to an abortion is available to those who need and want it. Abortions at above 24 weeks are also possible in more limited circumstances, and it is of course open to Parliament to change the law if it so desires. As was mentioned, abortion law is devolved to both the Scottish Parliament and the Northern Ireland Assembly. I would usually not set out the position of a devolved Administration on any matter, but due to the relevance of those positions to this debate, I will speak briefly about the recent changes in Northern Ireland that my right hon. Friend alluded to just now.

The Abortion Act 1967 did not extend to Northern Ireland. Instead, abortion law there was provided under section 25 of the Criminal Justice Act (Northern Ireland) 1945, which was equivalent to section 1 of the Infant Life (Preservation) Act 1929 in the rest of the UK. The Northern Ireland (Executive Formation etc) Act 2019 decriminalised abortion, and repealed sections 59 and 59 of the Offences Against the Person Act 1861. Following that, the Abortion (Northern Ireland) Regulations 2020 came into force, which meant that those in Northern Ireland who wish to can access an abortion on demand in the first 12 weeks of their pregnancy, and can conditionally access an abortion up to the 24th week—and beyond that in more limited circumstances.

Those changes were made because of the very specific context in Northern Ireland, and an amendment, I believe it was, was brought forward on abortion. It was felt that the will of Parliament was that women across the UK should have safe and legal access to abortion, and that the will of the House should be respected.

[Jim Shannon]

rose—

[Edward Argar]

Before I address abortion in the context of the Bill of Rights, I will turn to the points made by my right hon. Friend the Member for Basingstoke—and then I will give way to the hon. Member for Strangford (Jim Shannon). I agree with my right hon. Friend that this is a very complex area—she highlighted that in her remarks. She called for the Government to set out a clear, full and complete framework for moving forward. It remains the Government’s position that this is a matter for Parliament, and that it remains a matter for the consciences and decisions of individual Members of Parliament. I do not like to disappoint my right hon. Friend and I seek not to do so—but I fear I must do on this occasion.

My right hon. Friend raised another question about the Department of Health and Social Care action plan. It has been three or four months since I was last in the Department, but my memory is not entirely rusty. I know that this is something that the Department has been thinking about. In the past three years, sexual and reproductive health services have faced numerous new challenges, including those arising from the covid-19 pandemic. We saw some of that in the recent amendment on abortion and pills at home.

I am advised that Ministers in the Department are taking the time to fully engage with stakeholders from across the system, to understand the impact of that new context in any plan they bring forward. I know from previous conversations with my right hon. Friend her strength of feeling on that, and I will ensure that it is conveyed to the Secretary of State for Health and Social Care, my right hon. Friend the Member for North East Cambridgeshire (Steve Barclay) with the imprimatur from her, if I may, that speed is of the essence and that she looks forward to seeing that plan.

[Jim Shannon]

I know that the Minister is an honourable man; I have always had that opinion of him, as has everyone in the House. But the Government consulted with the people of Northern Ireland on the abortion changes, and 79% of respondents were against any changes. If there is no intention to acknowledge or take on board the opinion of the people of Northern Ireland, when they are very much against the changes, why bother?

[Edward Argar]

I appreciate the hon. Gentleman’s strength of feeling on this issue. I know that several right hon. and hon. Members who voted against the amendment when it was brought to the House, not because they did not support access to safe abortion services but because of concerns about the devolution settlement and the nature of how it operated. The House expressed a very clear view, and it is right that that view is respected. That is why the Government have moved forward with the regulations we have seen enacted.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 22nd November 2022 Commons Chamber

[Dominic Raab]

If the hon. Lady writes to me with the details of that case, I will certainly ensure that she has a meeting with the most appropriate Minister.

[Jim Shannon (Strangford) (DUP)]

By their very nature, family court cases are sensitive, delicate and complex, but all are urgent. During the time for such cases to be heard, will the courts provide assistance for families who are having difficult times to get them through the process?

[Dominic Raab]

Yes, and if the hon. Member writes to me with the details of his concerns, I would be happy to address them in more detail, on top of the assurances I have already provided to the House about the approach we are taking forward.

Family Law Terminology

Jim Shannon Excerpts

Wednesday 16th November 2022 Westminster Hall

[Siobhan Baillie (Stroud) (Con)]

I beg to move,

That this House has considered the terminology used in family law.

It is a pleasure to serve under your chairmanship, Ms Nokes, not least as I know you are a huge champion of families, and when you looked after relationship work in the Department for Work and Pensions under previous ministerial briefs, you understood the importance of this field of work.

Who does not love a good on-screen relationship drama? Lovers falling out, marriages breaking down and dramatic affairs of the heart are the stock-in-trade of film, soaps and the media. But when children are caught in the middle of storylines, we routinely hear, “I’ll see you in court”, “I’m going for custody of little Johnny and little Sarah”, or the possessive—“She’s my daughter”—and divorce is described as a battle to be won. This language is hugely unhelpful to families who are going through the heartache of separation.

I was a family law solicitor before I came into this place, and I saw the fallout of unnecessarily divisive battles. I am often found shouting at the telly when they get the terminology wrong. My love of “Coronation Street” and “Eastenders” probably needs to be outed here—I am going to write to the producers about the report and the debate today. Language really matters in family law.

In real life, every year around 280,000 children see their parents separate. It surprises many that the term “custody” should have stopped being used 30-odd years ago when the Children Act 1989 came in, but it surprises nobody that the language of war used for separating families is damaging to all involved, with approximately 40% of all separating parents bringing issues about their children to the family court. For too long we have allowed thousands of children to be caught up in an adversarial court system.

The language of the legal system is accusatory and divisive. Parents are described as Smith v. Smith; barristers will talk about “my opponent”; we refer to “the applicant” and “the respondent”; and we have “dispute resolution” rather than problem solving. The most important humans in a child’s life are therefore immediately pitched against each other at a time when co-operation is most needed.

Many years ago while working for the relationship experts OnePlusOne, I wrote an article that explained—there is lots of evidence—that destructive and acrimonious conflict between parents puts children at greater risk of emotional problems such as depression and anxiety. Children may develop behavioural difficulties and become aggressive and difficult. Parents do not want that. For the majority of mums and dads, separation is extremely painful and a decision not taken lightly. The wellbeing of their children is their main concern, and often the first concern when they come in to speak to lawyers.

[Jim Shannon (Strangford) (DUP)]

In the time I have had the privilege of knowing the hon. Lady, she has addressed these issues with a deep interest and knowledge, and I thank her for that. In children and family courts, children often hear big and complicated words without knowing their meaning, but they know the emotional impact—for example, custody in prison, being in pain, separation, being alone and perhaps even violence. Does she agree that the justice system could and must look at the courts’ choice of words, their impact on young children’s development and the fear they instil about the environment those children are growing up in and the changes that they might face?

[Siobhan Baillie]

I thank the hon. Member for Strangford for what was, as usual, a thoughtful intervention. He is absolutely right. The language we all use, whether it is in the media or in the legal system and court documents, can be changed. It will not be easy—we all use terminology that is outdated and that we have been told is wrong, and we get it wrong sometimes—but it can be changed, and we have to work towards that.

With that in mind, I encourage everyone to look at the “Language Matters” report by the Family Solutions Group. The FSG was set up by the eminent Mr Justice Cobb in 2020. It is an excellent and constructive multidisciplinary group of experts working with separated parents and children. There is a lot of emotion in this area, but it is trying to find solutions and I recommend that everyone look at its work.

Let us be honest: the courts system that we are working in is stretched to breaking point. Over 66,000 new cases started in the family courts in April to June 2021, which is up 14% on the same quarter the year before. The case numbers are increasing. The pressure on courts in the pandemic was a tipping point because so many hearings were cancelled. Delays in cases involving children are always counter to a child’s best interests, yet despite the best efforts of the Government, the judiciary and lawyers, from 2011 to 2021 the mean duration of disputes and cases involving children increased from over 31 weeks to 41 weeks—up by a third. It is now commonplace for hearings to be cancelled at short notice, and the number of litigants in person are rising exponentially. That gives the judiciary an impossible task in many cases.

Let us imagine how hard it is for emotionally charged parents to go through a confusing court system on their own. When I was practising, people would save up to have one hour of my time. That is all they could afford—hundreds of pounds. They would get as much as they possibly could from me and head into the court system on their own, often terrified and desperate to do a good job. We come back to language in the courts system. The FSG report sets out the archaic language that is familiar to me, the judiciary and lawyers, but court bundles, pleadings and section 7 statements are alien to most people.

In essence, the court should be the last resort for parents, but sadly it is often seen as the first port of call. However, our system can be changed so that parents who do not have legal issues to resolve do not go anywhere near a judge, particularly for child arrangements. Many cases are not about law but about communication or relationship issues, responsibilities, schools, hobbies or the scheduling of a child’s time once they are in two homes. If there is no safety, or if there are domestic violence or protection issues, parents would be best served by being supported to reach agreements as early as possible outside the court system.

I have said for years that I estimate that about a third of private law children cases should not be in court, but I defer to the brilliant judge Sir Andrew MacFarlane, the president of the family division, who I heard on a Radio 4 programme the other day. He estimated that about 20% of families could be helped outside court. If we invested in helping 20% to 30% of families stay out of litigation, we would not only help the children of those families but free up court time for the families that need it most. In the case of Re B, His Honour Judge Wildblood said:

“Do not bring your private law litigation to family Court here unless it is genuinely necessary for you to do so.”