Divorce, Dissolution and Separation Bill (Second sitting)

Debate between Kate Green and Paul Maynard

Committee Debate: 2nd sitting: House of Commons
Tuesday 2nd July 2019 Public Bill Committees

[Kate Green (Stretford and Urmston) (Lab)]

I wonder what the Minister thinks the purpose of that six-week delay really is. What does he think will happen in these marriages during that six-week period?

[Paul Maynard]

Part of the objective, I believe, is to improve the financial arrangements. People may wish to delay a little longer until such a point. It is not a maximum period; it is a minimum, and the process might well take longer. It is about ensuring that we take a progressive, step-by-step approach to bringing the marriage to an end, and people may wish to tie up further loose ends, which may take longer than six weeks. There has always been a six-week gap to ensure, if nothing else, that all the paperwork is in order.

Crucially, however, new section 1(5) introduces into the legal process of divorce a minimum period of 20 weeks between the start of proceedings and when a party, or either or both parties to a joint application, may confirm to the court that the conditional order may be made. Those two periods together will now mean that in nearly all cases a divorce may not be obtained in a shorter period than 26 weeks, or six months. The 20-week period is a key element of the reformed legal process. For the first time, a minimum period has been imposed before the conditional order of divorce is made. The intention is to allow greater opportunity for the applicant to reflect on the decision and to decide arrangements for the future where divorce becomes inevitable.

The prospect of a couple reconciling once divorce proceedings have started is low, but our intention is that the legal process should still allow for that possibility. It is never too late for a couple to change their mind, which is one reason why we have decided to retain the two-stage process for divorce.

Separately, the new section 1(8) inserted by clause 1 retains the ability of the court in an individual case to shorten the period between decree nisi and decree absolute, which are now the conditional order and the final order, and also extends this discretion to the new minimum period between the start of proceedings and when confirmation can be given that the court may grant the final order or divorce.

I will come on to some of the points that have been made by my hon. Friend the Member for Walsall North and by the shadow Minister, the hon. Member for Bolton South East. My hon. Friend made some interesting and helpful points about how we can ensure, as I have just referred to, that this is as considered a process as possible, and how we can best utilise the 20-week period that I have just set out.

As my hon. Friend may have picked up during the evidence session earlier today, there is more going on to reform the divorce process than just what is in the Bill. There are a number of online initiatives to try to make the process smoother for those going through it, and one thing that we will look at is what changes we can make to that online process to signpost people towards mediation of some sort, counselling and so on, to make sure that they are aware of the broad range of options available to them, which they might not have thought of when they initiated the divorce process.

My hon. Friend also made a point regarding the Law Society’s concerns as to when that 20-week period should start. We have explored this at some length during the consultation. Starting the time period from the acknowledgement of service, as some have suggested, could incentivise an unco-operative party to delay a divorce and could enable a perpetrator of domestic abuse to exercise further coercive control, which is why we have erred on the side of starting it earlier than that.

It is also worth flagging the caveat that we should bear in mind at every stage of this process. When we talk about mediation at this stage of a divorce process, it is often around finances or childcare. The mediation that my hon. Friend and I might think of as laymen is more a form of marriage counselling and relationship support. We should always be careful about that: when we initiate a divorce proceeding, mediation takes on a slightly different meaning from what it might perhaps have during a marriage. As I mentioned to the hon. Member for Stretford and Urmston, 20 weeks allows people more time to sort out their finances, in as constructive a way as possible.

The shadow Justice Minister mentioned the one-year bar on divorce and asked for the reason for that. I confess that I too have asked officials of the first rank what was in the Bill and why this might be. We consulted on it before the introduction of the Bill and there was certainly no broad consensus or hard and fast evidence either way. Many felt that it went against the grain of reforms that recognise marriage as an autonomous troth, as indeed did the Law Society and the Association of Her Majesty’s District Judges. Faced with a lack of consensus and a lack of hard evidence at this stage that the bar causes hardship or is a problem, we propose to keep the status quo. That does not mean to say that the law can never be changed, but we do not believe that it would be the right step at this stage.

Understandably, the shadow Justice Minister raised the issue of legal aid and indeed legal support for those going through a divorce. She will be more than aware that legal aid is already available for mediation for couples who have finances or child arrangements that are in dispute. This provides a non-litigious route, resolving issues and helping families to move forward constructively. We are also investing some £5 million to support innovation across the sector that will help people to access legal support as close to their community as possible.

The shadow Justice Minister rightly made a point about litigants in person. As I have said to her in the past at the Dispatch Box, we are doubling our investment in our litigant in person strategy, but the wider reforms that I have just mentioned with regard to online processes for divorce should make it simpler and more straightforward for people to initiate proceedings online, so they would have less need for active legal help at that stage of the process. The reform programme, the litigant in person strategy and the legal support action plan are all about opening up newer avenues to access legal support that are not just about someone getting that legal help as they come through the courtroom door.

On that particular note, I beg to move that the clause stand part of the Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Judicial separation: removal of factual grounds

Question proposed, That the clause stand part of the Bill.

Oral Answers to Questions

Debate between Kate Green and Paul Maynard

Thursday 19th October 2017 Commons Chamber

[Paul Maynard]

I am grateful for that comment. Ticket vending machines, which are meant to be among the most straightforward of equipment on our railways, seem to cause more problems than any other type of equipment. I understand that Govia Thameslink Railway is due to visit every ticket machine over the coming fortnight to make sure that the software is updated and that the machine functions properly, although I share my hon. Friend’s concern and will be meeting the supply chain in due course to emphasise the importance of getting this right.

[Kate Green (Stretford and Urmston) (Lab)]

I welcome progress on smart ticketing, and also plans for new ticket machines on the station platforms in my constituency, but the Northern Rail service through my constituency has been absolutely abysmal in recent weeks. May I echo the question that my hon. Friend the Member for Dewsbury (Paula Sherriff) asked? What is being done to hold train operating companies to account when trains are overcrowded and short of carriages, and when there are cancellations and delays and people cannot even get to work on time?

[Paul Maynard]

I share the concern. We have continuous contact with the train operating companies at an official and a ministerial level—I frequently meet them. Where there are sustained examples of poor performance, they are escalated to what is called the national taskforce, where the train operating company must present to the wider industry what measures it is taking to reverse poor performance, and I will then meet that train operating company. I recognise the concerns around Northern. My primary concern at this stage is to ensure that new infrastructure is opened around the Greater Manchester area so that Northern can operate new rolling stock to replace the appalling Pacers, and introduce the new services that the Ordsall Chord, in particular, will enable.

Oral Answers to Questions

Debate between Kate Green and Paul Maynard

Thursday 30th March 2017 Commons Chamber

[Paul Maynard]

I can only vouch for the anticipation in the Maynard household about this coming Sunday, but I am also glad to hear that Ilkeston is looking forward to utilising its new train services. I am heartened by the number of Members on both sides of the House who have approached me regarding potential new stations on their local rail network. This is a very welcome change from the era when the network was contracting, with people now seeing rail stations as opportunities for growth, both economically and in terms of population. I really welcome that progress.

[Kate Green (Stretford and Urmston) (Lab)]

T7. I was pleased at the announcement in the autumn statement of the inclusion of the expressway to relieve congestion between the M60 and M62, but I understand that that is not being finalised until 2019. In the meantime, we need investment in this road urgently to facilitate major housing development at New Carrington in my constituency. The roads Minister, the right hon. Member for South Holland and The Deepings (Mr Hayes), kindly met me before the autumn statement and gave his support for this project. Would it be possible to arrange a further meeting to see what we can do to bring this project forward as soon as possible?

Offender Rehabilitation Bill [Lords]

Debate between Kate Green and Paul Maynard

Monday 11th November 2013 Commons Chamber

[Kate Green]

It is clear that we need much more time to scrutinise these proposals properly and, sadly, that is not what we are being offered by the Government tonight.

I turn to an issue that has been raised by a number of hon. Members, mostly Government Members, about the opportunities that exist for probation trusts in some form to bid for the new contracts. It is pretty clearly understood in my area that they will not have that opportunity to bid. It is baffling to me that, when they are doing such good work already, we would not want to give them the opportunity at least to compete for those contracts. They might not be successful, but surely where we have good models of provision in the public sector, we would want to enable them to put themselves forward in competition with other potential providers.

It has been said, rightly, by a number of hon. Members that there will be the opportunity for probation trusts to set up different kinds of legal structures—co-operatives, mutuals, shadow structures and so on. I am not sure why we think there is any particular advantage to the public in forcing them to go down that route. Again, I cannot help but believe that it will create extra cost and extra complexity. Nor is it clear to me that we know what these mutuals and co-operatives will and will not be allowed to bid for.

It would be helpful if the Minister commented on that in his response and told the House how he envisages these entities coming into a system when the contracting is beginning to take place already, before many of them have had any chance to get off the ground.

[Paul Maynard]

rose—

[Kate Green]

I know that the hon. Gentleman is interested in this issue so I am pleased to take his intervention.

[Paul Maynard]

I thank the hon. Lady for giving way. She is being most generous. Does she agree that Greater Manchester is one of the more innovative probation trusts and has had a number of very successful schemes and should perhaps be seen as a litmus test of whether the condition for mutuals is going to occur in practice.

[Kate Green]

I agree that Greater Manchester has been innovative. As I say, in my discussions with Greater Manchester, the trust was preparing for exactly this approach, at least a year ago, and had the brakes put on. It was told that it would not be able to bid in the process in the way that it had planned, so I would be interested to understand, as I think the hon. Gentleman would, what Greater Manchester and other such trusts will and will not be able to bid for, what sort of entities they will have to establish to enable them to bid and potentially to take a leading role in that bidding process, and whether there will be time for them to create those entities and put in bids, given that, as I understand it, the preliminaries of the process are already under way this month. He and I look forward to some reassurances from the Minister.

A number of my colleagues have pointed out that the Lord Chancellor’s proposals mirror the structure and approach of the Work programme, which he introduced as Minister of State, Department for Work and Pensions. Leaving aside the pretty poor performance of the Work programme to date—I am prepared to give it the benefit of the doubt; it may achieve improved outcomes over time, although it is getting off to a depressingly slow start—in the light of everything that has been said in the Chamber this evening about what we have seen from the Work programme and what seems to be being replicated in these contracts, I am concerned that we will have a national top-down driven system, when what we have heard from both sides of the House, about innovative experiments in different parts of the country, is that a localised, bottom-up, partnership approach across a range of local agencies has been what has worked best.

I am concerned that the track record of some of the large multinational providers, who are likely to bid for these contracts—indeed may be the only people qualified and able to take the risk inherent in bidding for these contracts—is that they are not good at developing supply chains down the local agencies. As hon. Members may know, many voluntary and charitable organisations have complained bitterly about their experiences with the Work programme. They complain that they have been used as so-called bid candy, but have not been given any opportunity to deliver activity. They complain that they have had very few referrals, having been included on bids by the large prime contractors. There are real concerns that we are seeing a model that looks very like the Work programme in terms of top-down, Department-led contracting. There are also concerns about whether we can be confident that those problems and pitfalls will not occur in these contracts in the way that they did in the Work programme.

Domestic Violence

Debate between Kate Green and Paul Maynard

Tuesday 11th September 2012 Westminster Hall

[Paul Maynard]

I might just about accept what the hon. Lady says, but I regret the overtone of class rhetoric that she allowed to creep into her comment. Blackpool North and Cleveleys is an area with a high degree of social deprivation, and the vast bulk of the issues that I encounter on the doorstep are a function of poverty. I accept that domestic violence happens across the classes, and across all divides; but where, in my constituency, it is really a problem that holds back children’s achievement in school, it is a function of poverty. That is why the Prime Minister’s attempts to deal with the troubled families issue should be welcomed and not dismissed as an exercise in class politics.

Perhaps I may explain a little more clearly why the issue is of interest. The hon. Member for Stretford and Urmston made the point about refuges having to retender; however, I suggest that local authorities should take a broader view and consider the outputs of refuge centres and, as 4Children suggests adopt a payment-by-results approach to reducing family violence. That is in its policy document.

[Kate Green]

One of the problems for refuges, in achieving that, is that often they work with women for very short periods. Women may spend only days in the refuge. It is important that we should not rush down the route of a payment-by-results model, which might put the emergence of provision under even further financial pressure.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Kate Green and Paul Maynard

Tuesday 1st November 2011 Commons Chamber

[Kate Green (Stretford and Urmston) (Lab)]

I apologise for diverting the House to a rather different part of the debate, but my new clause 3, which I am pleased has support from Members across the House, is extremely important to a group of victims and their families—those for whom disability has been the motivation for murder or other violent crimes against disabled people. My new clause would apply the same minimum tariff in cases of murder in which disability has been a motivating factor as currently applies in similar cases with a sexual, racial or religious motivation. It would also shift the application of the aggravating feature of disability from being a matter of the victim being seen as vulnerable to a matter of the victim being at greater risk of harm, thereby firmly placing the obligation on the perpetrator.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

I am delighted to support this new clause. Does the hon. Lady agree that although this might seem like an obtuse issue to hon. Members in the Chamber it is attracting great attention outside within the disabled community? Does she also agree that there will be utter incomprehension if we fail to make progress on this issue, which should be a simple matter of human dignity and equality?

[Kate Green]

The hon. Gentleman is absolutely right and he has raised this issue in the House and with the Lord Chancellor before. Many disability organisations and the families of victims of such crimes have contacted him and me to express their very deep concerns. I am particularly indebted to the Disability Hate Crime network, to Katherine Quarmby, an independent journalist, and to the Royal Association for Disability Rights. I am also especially indebted to Christine Oliver, the sister of Keith Philpott, who was a learning disabled victim of murder, for taking the time to talk to me about her family’s experience in relation to my bringing the new clause before the House.

Savings Accounts and Health in Pregnancy Grant Bill

Debate between Kate Green and Paul Maynard

Monday 22nd November 2010 Commons Chamber

[Paul Maynard]

I agree entirely, and I wish that during the evidence taking in Committee and in the debate, we had had an either/or discussion, rather than an “and, and, and, and yet another idea” discussion. We had far too many shopping lists and not enough recognition that hard choices had to be made. It is important to recognise, as Marc Bush from Scope did when he gave evidence to us, that delivering an asset at age 18 is not the solution to the problems faced by families engaging in the transition of their child from childhood to adulthood, when faced with a complex disability. That starts at age 14 and can continue to age 30. The hon. Member for Stretford and Urmston (Kate Green) recognised that when I intervened on her, and that was a useful move forward.

When we are discussing the future of child ISAs, I hope it is taken into account that families who are particularly vulnerable may need access before the age of 18. Locking the ISA away until age 18 is not always the best solution.

[Kate Green]

rose—

[Paul Maynard]

I will give way, for the last time.

[Kate Green]

I am grateful to the hon. Gentleman. He is right to say that if the junior ISA can offer that flexibility to disabled children, it would be a useful enhancement—I look forward to hearing the Minister’s response on that—but does he accept that another advantage of the child trust fund, which he and I would welcome in the junior ISA, was that it delivered extra money to more vulnerable children in the double payments that were available to children from low-income households or with disabilities, for example?

--- Later in debate ---

[Paul Maynard]

I agree entirely. That is a very fair point. It was never clear whether the Opposition believed in universality or targeting. It seemed to depend on which amendment they happened to be pressing at any moment in time. It was part of the incoherent approach that they seemed to have to the debate.

The previous Government never tackled the issue of how it took up to eight weeks merely to process a health in pregnancy grant claim. The money often came through not in the 25th week but in the 33rd week—well beyond the time at which there was any hope of achieving real dietary change.

I specifically tackled the hon. Member for Bristol East on the issue of usefulness versus effectiveness. When she said in Committee that this was a useful grant, I asked her how she defined useful. She mentioned access, which I have dealt with, but never really dealt with the issue of effectiveness. That was my concern with the Opposition’s argument. At no point did they try to evaluate properly how effective the scheme was. I know that many amendments were tabled asking for such an evaluation, but all along the Opposition’s rhetoric was to use the word “useful” rather than “effective”. At no time did they argue that the scheme was effective, so we were left with not very much more than the shadow Minister trying to argue that it was nice to hand out other people’s money to other people. It might well be, but that is not a firm or solid foundation on which to build a health in pregnancy grant.

I support the abolition of the grant for the simple reason that we have a number of alternative mechanisms to support families who need assistance during pregnancy. The grant was not paid out at the right time in pregnancy, in my view, and I do not believe that it has achieved its goal. I do not believe that we would even be able to provide the evidence if that were the case. I wholly support the Government in what they are trying to do.

[Kate Green]

I am very sad that the Government have brought forward proposals to cancel the health in pregnancy grant. We have heard this evening and during the Bill’s earlier stages a number of criticisms of its structure. We have heard that it is paid at the wrong time—too late to have a significant impact on maternal nutrition and well-being—and that the money could have made more difference, even pre-conception, to low-income women of child-bearing age. We have heard that it misses the point and that women fritter it away on shoes and going to the spa. That might be true of a minority, but for many others the grant makes a crucial difference at a time when family finances become tight.

The Opposition have been asked whether we are not confused about wanting the grant to be universal or targeted at low-income and more vulnerable women. We are not confused. We are clear that we want a universal grant for all the reasons that we believe in universality: it is more effective at reaching the most disadvantaged, more cost-effective and simpler to administer, and it is easier to know when one is entitled to claim. We accept, however, that if we have to settle for a reduction in spending on pregnant women then, for a time at least, a targeted payment would have enabled us to keep the structure of the grant until it became affordable to offer it again on a universal basis.

Savings Accounts and Health in Pregnancy Grant Bill

Debate between Kate Green and Paul Maynard

Tuesday 26th October 2010 Commons Chamber

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

It is a pleasure to follow the shadow Minister, the right hon. Member for Delyn (Mr Hanson), who was my first political foe when I was just 14 and he was leader of Vale Royal borough council. In the intervening 20 years, he has only got worse. That is a sad thing to have to say.

It is important that we remember why we are here today and what we are here to discuss. We are not here to discuss whether it is a good idea for families to save, or to encourage children to save. We are not here to discuss whether it is a good idea that pregnant women should enjoy good health during pregnancy. We are here to discuss whether the specific items of legislation introduced by the previous Government achieved their goals and warrant continuation.

The Labour Government had a fondness for introducing legislation willy-nilly, volume after volume of it. At no point did they ever feel a need to investigate whether their legislation achieved its goal. I have nothing against innovation in public policy. The work of think-tanks is important, and it is a disappointment to me that the former Prime Minister, the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), is not in his place today to defend his creation, as I know he felt such a passion for it at the time.

What we are here to do today is to decide whether specific items of legislation were effective—not whether they were popular, whether they made Labour Members feel good about themselves, or whether they excited think-tanks, interest groups, pressure groups or campaigners. The question is whether they achieved what they set out to achieve. We cannot have such a discussion without considering the wider economic issues. Every day we are spending £120 million just paying off the debt that we inherited from Labour. I could spend that money in my constituency alone 40 times over. I am sure every Member in the House could do so. We must place the debate in the wider economic context.

There are two important tests that we should apply to any legislation. I call them the Ronseal test and the rhododendron test. The Ronseal test, for those who watch commercial television, might be a bit obvious: does it do what it says on the tin? Any piece of legislation and its effectiveness must be assessed on whether it achieves its goal.

The rhododendron test might be a little more obscure. I often find when listening to those who represent the left in British politics that they identify totemic pieces of legislation that they consider vital and which become representative of a much wider public policy area. They go on to defend that legislation to the hilt, thereby ignoring every other aspect of public policy in that area that could make a difference, just as in a parkland, where rhododendron may look beautiful but it covers so much ground that it chokes off wider growth that might be beneficial.

If we apply those two tests to the child trust fund, for example, how do they stack up? Originally, the former Prime Minister called it the baby bond. It was meant to be a nest egg, a form of what was then in vogue—asset-based welfare. Unfortunately, the fund was not much of an asset by the time the child got to 18. The scheme certainly was not what the philosophers behind the idea of asset-based welfare had in mind. Others sought to define it as progressive universalism. We have a habit in this country of trying to adopt fancy-pants names for new ideas, philosophies and ways of looking at politics, and I am not entirely clear what progressive universalism actually means.

[Kate Green]

I shall be happy to explain to the hon. Gentleman what progressive universalism means in the context of the child trust fund. It means that all children receive something but the poorest receive more. In that way, we obtain the benefit of popular support for a policy that directs more money to those who need it most.

[Paul Maynard]

I thank the hon. Lady for what I presume she thought would be a helpful contribution for idiots like me. I shall read a useful quotation from the Child Poverty Action Group in 2005, which I believe the hon. Lady chaired at the time. It is a lengthy quotation on the group’s approach to the fund, but it bears repeating:

“Although the Child Trust Fund will benefit some lower income families, we are concerned that families who are at greatest risk of living in severe and persistent poverty are the least likely to be able to contribute to the CTF, so their children will derive little or no financial benefits when they turn 18.”

--- Later in debate ---

[Kate Green]

rose—

[Paul Maynard]

Forgive me, I shall not give way because I have not yet finished the quotation.

[Paul Maynard]

If the hon. Gentleman will calm down and let me finish the quotation, I shall happily give way. Learn some manners, sir, please.

The CPAG continued:

“The very children who would benefit most from having savings and assets are likely to derive least financial advantage from the scheme.”

I shall now give way to the hon. Lady.

[Kate Green]

I am very grateful to the hon. Gentleman. It is true that the CPAG, of which I was chief executive at the time to which he refers, had some misgivings about the initial design of the child trust fund. Thanks to our lobbying, I like to think, the product was improved over time and the extra payments for low-income children were then introduced. Does the hon. Gentleman not agree that that was rather a good development in a policy that is certainly still ripe for improvement, as he rightly says, but not for abolition?

[Paul Maynard]

Let us rejoin the theme of progressive universalism, which the hon. Lady so kindly and patronisingly explained to me. If the fund is so universal, why in the first four years did 25% of people not apply for it? To me, that is not universal; that is rather partial.