Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Chris Philp]

On the question of investment, I have already said that in the current financial year we have spent an extra quarter of a billion pounds on justice recovery. We are hiring an extra 1,600 HMCTS staff and we have more Crown court jury trial rooms operating than we did before the pandemic. I am, of course, carefully studying the proposals for Nightingale courts in Nottingham and look forward to a conversation with the hon. Member on that topic in the near future.

In terms of speeding up the system, even before coronavirus hit us we had increased expenditure on the Crown Prosecution Service by £85 million a year, hiring an extra 400 prosecutors, and we are on track to hire an extra 20,000 police officers. Our commitment not only to dealing with coronavirus but to speeding up the justice system more generally is clear for all to see.

[Mr Speaker]

Chorley is always ready to help the Minister as well.

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

The extra investment is important and should be recognised, and Nightingale courts can make an important addition to court capacity, but does my hon. Friend the Minister agree that most Nightingale courts are not equipped to handle custody cases and therefore many of the most serious trials? Is not the long-term solution sustained investment, over a period of months and years, to make sure that all available physical Crown courts sit the maximum number of days that they can safely sit, and to ensure that there are resources in terms of judiciary, support staff and a safe environment for court users, to make sure that that can be done? Is that not the top priority?

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[Chris Philp]

A range of other measures are being used, not least the roll-out of the cloud video platform, which led last week to more than 20,000 remote hearings across all jurisdictions, and, as I have said, 290 jury court rooms, which is more than we had before. The right hon. Gentleman asked about the past, but he rather conveniently skated over the fact that the outstanding caseload in the Crown court before the pandemic in 2020 was 39,000, whereas in 2010, under the last Labour Government, it was 47,000. He asked about the number of cases and the number of cases being disposed of, but he neglected to mention that crime, according to the crime survey—the only Office for National Statistics-certified source of statistics—had fallen from 9.5 million cases in 2010 to 5.6 million in 2020 under a Conservative Government delivering reductions in crime. I notice that, last week, the shadow Justice Secretary talked about wartime juries of seven. I also noticed that, in June of last year, writing in The Guardian newspaper—

[Mr Speaker]

Order. Minister, I think you could have saved a little bit for later. It is a very full answer, but I now need to make progress.

[Bob Blackman (Harrow East) (Con)]

What steps his Department is taking to reduce reoffending.

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[Chris Philp]

The Lord Chief Justice rightly gave a direction in January at the beginning of this lockdown that every case that can be heard remotely should be, for all the reasons mentioned by the hon. Gentleman. Video remand hearings have been recommenced as much as possible, and they are used a lot more now than they were in December, for example. I reassure the hon. Gentleman’s constituents that Public Health England says that our court estate is safe, and incidents of covid among Her Majesty’s Courts and Tribunal Service staff are no higher or lower than in the general population. I hope that gives his constituents confidence to continue their work in person where that is absolutely necessary.

[Mr Speaker]

The connection to the hon. Member for Stockport (Navendu Mishra) who has the next question has failed so we will go straight to the shadow Minister.

[Alex Cunningham (Stockton North) (Lab)]

Labour Members share the horror of the legal profession at the fact that the already huge court backlog has increased by 35% since the start of the pandemic, and now includes more than 53,000 Crown Court cases. Lawyers want to keep the justice system open and moving, but it is wrong to ask them to pay for years of Tory cuts by putting their health and safety at risk. Like everyone else they are anxious, and given the hundreds of covid cases across the court estate, as revealed in answers to my parliamentary questions, we should not be surprised. More than 100 new cases were reported in just eight days in January alone. Sadly, we hear that precautions vary considerably across the country, so what new measures will the Minister take in the estate to ensure that all courts operate best practice, and provide those who use them with a guarantee that they will be safe?

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[Alex Chalk]

This Government consider the opening of Nightingale courts to be absolutely essential. I have visited a number myself. They play an important role in taking the strain, allowing other courts to carry out custody cases. We have already opened 40 Nightingale courts—an additional 20. That will play an important role in our ongoing courts recovery.

[Mr Speaker]

I will now suspend the House for three minutes to enable the necessary arrangements for the next business.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 8th December 2020 Commons Chamber

[Chris Philp]

My hon. Friend is right to draw attention to that important area, and it is certainly a matter that Ministers are mindful of and focused on. The judiciary decided early on in the pandemic to prioritise domestic violence protection orders, so that even when much of the court system had stopped functioning in the immediate aftermath of the first lockdown, DVPOs continued. As judges consider which cases to list, they are mindful of my hon. Friend’s point about protecting vulnerable witnesses and victims. In addition, we have committed £28 million extra to support domestic abuse services, and we have provided £800,000 to the finding legal options for women survivors project, which provides free legal support to victims—my hon. Friend the Member for Cheltenham (Alex Chalk) has been leading on that work. I would be delighted to meet my hon. Friend and the Kent police and crime commissioner, Matthew Scott, who is doing a fantastic job for the people of Kent, and I look forward to that meeting happening in the near future.

[Mr Speaker]

I am sure there must be a link to the question there somewhere.

[Alex Cunningham (Stockton North) (Lab)]

The Lord Chancellor was keen to talk up his court successes in his statement on Thursday, yet the situation remains dire in many parts of his Department, according to answers to my written questions. The number of effective trials was down from 19,000 in 2010 to 12,000 last year, and that was before covid; expenditure on recorder sitting days has halved from £19 million to less than £10 million since 2018; and disposals in care proceedings within the legally required 26 weeks have collapsed to just 34%. This is about people’s lives, so will the Minister outline when victims, witnesses and families will get the court system they desperately need and justice will be properly served?

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[Chris Philp]

My hon. Friend asks a good question. CRCs are being transitioned out and the probation service will take over organising this activity, but within that there will be opportunities for private sector, or indeed charitable sector, organisations to bid to provide certain kinds of activity and certain kinds of rehabilitation work via the dynamic framework. We envisage eventually spending about £100 million a year on procuring these services via the dynamic framework. Any organisation, such as the one she mentions, that has something to offer and can help with rehabilitation is, of course, strongly encouraged to bid for those services to make sure we are drawing on the full range of available services as we try to rehabilitate offenders and build a better life for their future and protect our constituents as well.

[Mr Speaker]

We are not going to Greater Manchester, as we have him here—welcome, Andrew Gwynne.

[Andrew Gwynne (Denton and Reddish) (Lab)]

If he will make a statement on his departmental responsibilities.

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[Imran Ahmad Khan (Wakefield) (Con)]

  The Criminal Cases Review Commission is the only body in its area of jurisdiction with the authority to send cases back to an appeal court. It is imperative that this process must not be delayed, as it has the propensity to overturn cases and clear the names of those innocent of conviction. Can my right hon. and learned Friend outline the steps that he is taking to ensure that the CCRC enacts its duty in a timely manner, especially for more sensitive cases, including those of our frontline workers and police officers, such as my constituent Danny Major? Mr Major has been miserably let down by the CCRC.

[Mr Speaker]

Order. Unfortunately, questions are meant to be short and punchy. We cannot have a statement beforehand. Minister, can you deal with that, please?

[The Minister for Crime and Policing (Kit Malthouse)]

My hon. Friend raises an extremely important point.  I understand his consternation on behalf of his constituent and his wish that that case in particular be dealt with speedily. No doubt the commission will have paid attention to his concern. We have recently invested significantly in the commission, with hundreds of thousands of pounds in capital funding to ensure that its IT is up to scratch. It is within a whisker of reaching its target of 36 weeks as the average time taken to deal with a case, and of 85% of cases being dealt with in under 12 months. It is very important for the integrity of the judicial system not only that we convict the guilty, but that we make sure that innocent people who are erroneously convicted have their sentences corrected.

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[Robert Buckland]

The hon. Lady will be glad to know that an extra £3.4 million has been allocated to CAFCASS to help it through the crisis. Indeed, I take the point about long-term planning. In fact, we are looking wholesale at the way in which family cases are dealt with. The family harms report published this year was a no-holds barred analysis of what is wrong with the system, and both I and senior judiciary within the family division will do something about it.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 3rd November 2020 Commons Chamber

[Lucy Frazer]

My hon. Friend makes an extremely important point. We are very conscious of the impact that the very restrictive conditions we have imposed will have on those in our custody and care. Since restrictions were lifted over the summer, prison staff across the country have worked very hard to open up the estate. Since the end of the previous lockdown we have reintroduced visits in every prison, and 119 of our prisons are operating at stage 3 of the national framework; this reintroduced key work, education and offender management activities where it was appropriate to do so. As we enter a new phase, we are thinking very carefully about the balance between security and resistance to the virus and the mental health needs of our prisoners.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I suspend the House for three minutes.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 22nd September 2020 Commons Chamber

[Jonathan Gullis (Stoke-on-Trent North) (Con)]

What plans he has to include proposals on improving the protection of the public in the forthcoming sentencing White Paper.

[Mr Speaker]

I call the birthday boy.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Thank you, Mr Speaker.

Last week, I published a White Paper entitled “A Smarter Approach to Sentencing”, which sets out my plans to crack down on crime and keep dangerous criminals in prison for longer. It signifies a fundamental shift in our approach to sentencing towards one that is fairer, smarter and, ultimately, better protects the public. The measures I have announced include the abolition of automatic halfway release for certain serious sexual and violent offenders, and we will also introduce a new power to prevent automatic release if a prisoner poses a danger such as a terrorist threat.

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[Alex Chalk]

I was expecting a question about victims, but the hon. Gentleman rightly raises an important issue about prisons. The answer to the point he raises is: yes, we are doing it.

[Mr Speaker]

It might help victims if you did; I think that is the answer.

[David Linden (Glasgow East) (SNP)]

What assessment he has made of the implications of the UK Internal Market Bill for his responsibilities in upholding the rule of law.

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[Robert Buckland]

The work of Devon and Cornwall police in ensuring that virtual court processes carry on at this challenging time is very much appreciated. I am going to include in primary legislation, to be introduced as early as possible in 2021, a provision to allow court-appointed contractors to staff those virtual courts within police custody suites, in order to relieve the burden on serving police officers.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for a few minutes.

Sentencing White Paper

Lindsay Hoyle Excerpts

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

I thank the hon. Lady, whose constituency, of course, I know well—I appeared as a practitioner many, many times at the Crown court at Newport, both prosecuting and defending, and I know the community that she serves. I say to her and all those smaller organisations that it is my fervent hope and intention to make sure that they are involved in what we call the dynamic framework. I have made it very clear to my officials that I expect to see the small specialist organisations at the table. She is right to say that previously, the tendering process tended to squeeze out the smaller players. That is wrong. I have seen well over 150 small organisations already apply to get involved, and both I and the Minister of State, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), will be taking a very close interest in this matter. If there are any further concerns, the hon. Lady should not hesitate to write to me.

[Mr Speaker]

We head up to Harrow, to Flight Officer Blackman.

[Bob Blackman (Harrow East) (Con) [V]]

Thank you, Mr Speaker. I warmly welcome my right hon. and learned Friend’s statement. He will be well aware that my constituency suffered a spike in extremely violent aggravated burglaries prior to covid-19. My constituents want to know what steps he will take to ensure that the new sentences he is announcing are actually awarded by judges, and that criminals who perpetrate crimes against the person are not only brought to justice but punished and kept in prison, so that the sentences meet the crime.

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[Robert Buckland]

I am grateful to the hon. Gentleman. He knows that in our manifesto the Government committed to updating the Human Rights Act, which is entirely—[Interruption.] The hon. and learned Member for Edinburgh South West (Joanna Cherry) laughs; it is entirely right that an Act that is now 20 years old is looked at carefully, and we will do that. May I absolutely, categorically—[Interruption.] I am sorry, but no Act of Parliament is immune from review or updating, and frankly it is right of us—[Interruption.] It is entirely consistent and correct—[Interruption.] I find the faux outrage of Opposition Members extremely discordant with what the public of this country think. What we are doing, after having secured a large majority, is following through on our manifesto commitment. I make no apology for that, but I will say to the hon. Member for North Down (Stephen Farry) that the commitment of this Government to membership of the European convention on—[Interruption.] If the right hon. Member for Tottenham (Mr Lammy) listens, he might learn something. The commitment of this Government to the European convention on human rights is absolute. It was British Conservatives who wrote it—my predecessor Lord Kilmuir, Sir David Maxwell Fyfe, and his team wrote the convention—because we were and are believers in fundamental human rights and freedoms. We wrote it; we are the party that created the convention; and we will stick by that.

[Mr Speaker]

In fairness, we just need to turn it down a little. The Lord Chancellor is one of the most respected and well-mannered Members of this House, and I do not want him to spoil that in my company.

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[Robert Buckland]

I pay tribute to my hon. Friend, who has taken a long and deep interest in this, both as a Member of Parliament and in her previous work as an adviser. She, like me, took interest in criminal justice issues. Sometimes in the world of politics, criminal justice issues are somewhat unfashionable; they are seen as too hard to deal with—too difficult. Well, we should be doing difficult in this place, and she is right to offer me that challenge. What I would say to her at the moment is that these reforms offer a higher degree of justice to victims of rape, who can be assured that perpetrators will now serve longer behind bars. The question of risk and dangerousness needs to be fully understood and examined, and of course I will undertake to do that with her assistance.

[Mr Speaker]

I want to try to get through the list, so could we speed up a little?

[Stephanie Peacock (Barnsley East) (Lab)]

Two years ago, my constituent Jackie Wileman was killed by four known criminals who stole a heavy goods vehicle. Those men had 100 convictions between them. The Lord Chancellor met me and Johnny Wood, Jackie’s brother, and I would like to take this opportunity to thank him and to welcome the decision to increase the maximum sentence for death by dangerous driving from 14 years to life imprisonment. May I also take this opportunity to press him on what progress his Department has made on the reintegration of the probation system?

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[Robert Buckland]

The hon. Lady quite rightly refers to what is often termed the justice gap: the difference between crimes that are reported and the bringing of those offences to full prosecution. The sad truth is that not all offences have the requisite evidence for the threshold to be met, and that is why we have an independent prosecutorial service in this country. She is right to talk about the need for us to bear down most heavily on investigation. Increasing the numbers of police officers—we are already 4,000 up on where we were, and we will hit the 20,000 target and, I believe, move beyond it—will help to turbocharge the investigation and prosecution of offences so that we can, in large measure, help to close that gap.

[Mr Speaker]

The final question is from Dr Kieran Mullan.

[Dr Kieran Mullan (Crewe and Nantwich) (Con)]

Thank you very much, Mr Speaker.

“Where an offender commits the premeditated murder of a child, we will legislate to ensure that the expectation is that a Whole Life Order…will be given, meaning they will spend the rest of their life in prison”.

Those words, taken straight from this White Paper, mean that finally the parents of a murdered child will at least be able to get justice, although the hurt and pain will never be undone. I have spoken previously about the case of Elsie Urry, who had to endure the pain of seeing the man who brutally murdered her three young children—Paul Ralph, four, Dawn, two, and nine-month-old Samantha—being released from prison last year. Does my right hon. and learned Friend agree that that and other changes demonstrate to people that this Conservative Government understand how British people feel about these issues, and that, where we can, we will go further to get justice for the victims of serious crime?

Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 14th July 2020 Commons Chamber

[Robert Buckland]

I readily join my hon. Friend in paying tribute to the work of local campaigners such as the ones in her constituency. She will be pleased to know that we are providing £800,000 of funding to the FLOWS—Finding Legal Options for Women Survivors—project run by RCJ Advice, which provides free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts. That funding is used to provide a helpline and email service, where victims can be referred to a legal aid solicitor or receive free advice directly.

[Mr Speaker]

The hon. Member for Wakefield (Imran Ahmad Khan) is not online, so we will go to Ben Everitt.

[Ben Everitt]

Will my right and learned hon. Friend join me in paying tribute to grassroots organisations such as MK Act in my constituency, which has worked tirelessly to assist victims of domestic abuse throughout the lockdown? I would like to make the House aware of the Open University open justice team, who have collaborated with the charity Support Through Court to launch free online resources to support those dealing with domestic abuse.

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[Richard Graham]

I support strongly what the Government are doing in funding law centres and providing much more information online for our constituents, but how does my hon. Friend think we can access the services where needed of an asylum lawyer at the Gloucester Law Centre? Also, will he ensure that the only magistrates court in our county—in his Cheltenham constituency—will be well funded, so that it can operate efficiently for years to come?

[Mr Speaker]

I think the answer will be yes.

[Alex Chalk]

The answer is yes—thank you for pre-empting it, Mr Speaker—but first, may I welcome my hon. Friend’s support for the Gloucester Law Centre, which does fantastic work? The £3 million grant will allow law centres to increase their capacity to provide advice for those who need it. We are also considering the longer-term sustainability of providing legal aid more widely, including for asylum cases, to which he rightly adverts; my officials are working closely with stakeholders on this. As you rightly trailed, Mr Speaker, on court maintenance, we have announced a tripling of funding for repairs and upgrades to include £30 million for the roll-out of the latest video technology. That will be welcomed in Cheltenham and, indeed, Gloucester.

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[Robert Buckland]

I am grateful to the hon. Lady for her question. She is right to highlight the tremendous success in the reduction of the number of children in custody, but the disproportionate number of black, Asian and minority ethnic children is of real concern. There are issues, identified in the Lammy review, among other things, relating to how legal advice is tendered and to engagement with the system. She will know that already, as a result of that review, we have started the “Chance to Change” pilots on different ways of dealing with allegations against black and minority ethnic youngsters. As for the wider work of government, I do not have those details at the moment, but I will make sure she is furnished with them as soon as possible.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 9th June 2020 Commons Chamber

[Alex Chalk]

I thank the hon. Lady for her question and pay tribute to her for the campaigning that she has done on this issue. I had the opportunity to speak to my right hon. and learned Friend the Lord Chancellor just a few seconds ago; he will be happy to have the meeting that she requests.

[Mr Speaker]

I call acting shadow Minister Peter Kyle.

[Peter Kyle (Hove) (Lab)]

Thank you, Mr Speaker.

Disaster victims, just like victims of crime, deserve to have their rights enshrined in law. Only last week, a murderer was released on parole without the victim’s family even being informed, let alone consulted. Successive Governments have promised and pledged a victims law for the past 12 years. The Tory manifestos for the past three elections have promised a victims law. Will the Government commit to publish the draft Bill by this autumn?

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[Chris Philp]

Custody limits do still apply as they did before, and I know that as judges make their individual listing decisions, they have regard to custody time limits approaching. I imagine that individual judges as a matter of practice would seek to prioritise cases where custody time limits are being approached. Where someone has been convicted but awaits sentence, we have been working very actively with the judiciary to prioritise having those cases heard, because if upon sentence there is not a custodial sentence, obviously the person is then free to go. Those cases are being prioritised through the system, but in particular by judges in the way they take their listing decisions.

[Mr Speaker]

The Minister can maybe add Chorley to his list of reopenings.

[Sarah Atherton (Wrexham) (Con)]

What progress his Department has made during the covid-19 outbreak on meeting its commitment to increase prison capacity.

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[Robert Buckland]

The hon. Gentleman is making totally unfair comments from a sedentary position. We have started, particularly with regard to immigration, to increase the amount of money that is rightfully being paid. We are looking at trying to make sure that the money is targeted—[Interruption.] If the hon. Gentleman would listen, perhaps he might learn something. [Interruption.]

[Mr Speaker]

Order. Let us calm it down.

[Robert Buckland]

Thank you, Mr Speaker. We are trying to make sure that the work that is done, particularly in immigration cases, which often involves a lot of preparation in skeleton arguments, is remunerated. That end of it has seen a significant fee increase, but it is an interim measure and the hon. Gentleman will be glad to know that more work is being done in this area. Of course we will engage closely with representative bodies. He may shake his head, but he represents a party that took a knife to legal aid. I will take no lectures from him about legal aid and what he did to it. I had to live with the consequences of what his party did and he can put that in his pipe and smoke it.

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[Mr Speaker]

In order to allow the safe exit of hon. Members who participated in this item of business and the safe arrival of those participating in the next, I now suspend the House for three minutes.

Terrorist Offenders (Restriction of Early Release) Bill (Business of the House)

Lindsay Hoyle Excerpts

Wednesday 12th February 2020 Commons Chamber

(b) Standing Order 15(1) (Exempted business) shall apply to the private business so far as necessary for the purpose of securing that the business may be considered for a period of three hours.—(Robert Buckland.)

[Mr Speaker]

I should inform the House that I have selected a manuscript amendment to the motion in the name of Alistair Carmichael.

Oral Answers to Questions

Lindsay Hoyle Excerpts

Tuesday 14th January 2020 Commons Chamber

[Lucy Frazer]

I am pleased to have already spoken to the hon. Gentleman and my right hon. Friend the Member for Reading West (Alok Sharma) about this matter. As the hon. Gentleman knows, bids are already in, and they are commercially sensitive. If it is appropriate for me to meet him, I will be happy to do so, together with his neighbour.

[Mr Speaker]

Before we move on, I advise the House that we will have 45 minutes for the urgent question and 45 minutes for the statement, so please let us help each other out.

Divorce, Dissolution and Separation Bill

Lindsay Hoyle Excerpts

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 25th June 2019 Commons Chamber

[Robert Neill (Bromley and Chislehurst) (Con)]

Thank you, Mr Speaker—Mr Deputy Speaker. That was, perhaps, a Freudian slip.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Move on!

[Robert Neill]

It is a pleasure, as always, to follow my hon. Friend the Member for Congleton (Fiona Bruce). She made a heartfelt speech. I know that this is a matter on which she feels very strongly. It is an issue to which I myself have given considerable thought. It is sensitive and important, particularly for those who have a faith and regard marriage as a sacrament as well as a legal contract.

I look at this issue from the point of view of someone who happens to be a practising Anglican, as someone who has for 25 or 30 years been a practising lawyer—not predominantly in the field of family law, although I did practise family law to some degree in my earlier days—as someone who served as a councillor in a local authority, and as someone who has the honour of serving as Chair of the Justice Committee. I have had the chance to see the issue from a number of points of view and I have come to a different conclusion from my hon. Friend. I do not say that with any disrespect for the strength or genuineness of her feeling; I am just persuaded, on balance, that the Secretary of State is right and that the evidence points quite clearly to this being an appropriate and necessary reform.

As Chair of the Justice Committee, I have had the opportunity to engage with leading members of the judiciary, particularly, in this context, with those of the family division. It is the overwhelming view of family practitioners, including solicitors, barristers and senior judges, that the current arrangements, which require fault to be used as a proof of irretrievable breakdown, do not work satisfactorily and do not achieve what is ultimately the necessary objective of enabling people whose marriage has sadly broken down irretrievably—I suspect that none of us want that to happen when we embark on a marriage, but it does happen in some cases—to leave their marriage with a measure of dignity and to do so in a way that enables the important issue of financial fairness to be resolved, and, in the case of children, to enable civilised and caring arrangements to be made for them and their children. That, ultimately, must be the chief and principal objective.