Domestic Violence Victims: Cross-Examination
Debate between Karl Turner and Oliver Heald(7 years, 10 months ago)
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Sir Oliver Heald
I certainly believe it important to pay tribute to Jill Saward, who suffered the most vile ordeal, yet showed through the rest of her life what a wonderful person she was, by campaigning for others and doing a tremendous amount of charity work. She was a model, and someone who set an example of being good. Yes, I would like to pass on the law that applies to criminal cases into family cases, so that we can tackle the sort of abuse that has been described.
Karl Turner (Kingston upon Hull East) (Lab)
I declare my interest as a member of the Wilberforce barrister chambers in Hull, although I am not currently practising. I welcome the Justice Secretary’s position to bring forward a review on this important issue, but the Minister will know that this was created as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The truth is that the vast majority of people today are refused legal representation in family proceedings unless they can prove domestic violence, which is virtually impossible to prove. The Government should bring forward a review of LASPO, which is not working. They should do something about it.
Sir Oliver Heald
I do not agree with the hon. Gentleman, but there will be a review of LASPO. It is something that we have promised, and the date by which it has to be completed is April 2018. We are committed to that. As for family proceedings, I think it right that families can come together in many cases and reach agreements, so we do not have the problem that the hon. Gentleman outlined. Where abuse is present for a significant number of individuals, it is important that in those cases the individual who is the victim should not be cross-examined by the alleged perpetrator. That is what we want to solve.
Oral Answers to Questions
Debate between Karl Turner and Oliver Heald(8 years ago)
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Sir Oliver Heald
It is important that legal aid is available in the most serious cases, such as those in which life or liberty is involved, a person’s home is at risk, domestic violence is involved, or children are being taken away from their families. That is the legal aid provision that we have here. The hon. Lady claims that that is a two-tier system, but we claim that it is one that is targeted on need.
Karl Turner (Kingston upon Hull East) (Lab)
I should declare an indirect interest, in that my wife is a legal aid solicitor and part-time judge. The previous Lord Chancellor promised a review of LASPO. The legislation has not worked. It is a complete and utter shambles, and it urgently needs a review. When will it be properly reviewed?