Victims and Courts Bill Debate

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Department: Ministry of Justice
There is a postcode lottery. We must deliver change by placing a duty on authorities to commission specialist services everywhere, so that victims and their caregivers can rely on consistent support across the board. The victims of these crimes deserve more than just words and sympathy: they deserve a system that stands with them and provides the support they need. I hope this Government will deliver practical steps that will deliver the changes we need.
Marie Tidball Portrait Dr Marie Tidball (Penistone and Stocksbridge) (Lab)
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Being a parent is a privilege, not a right. I rise to speak to Government new clause 14, on the restriction of parental responsibility for a child conceived as a result of rape. It will appear on the face of this Bill because of the fierce campaigning force of my hon. Friend the Member for Bolsover (Natalie Fleet)—my friend and my hero. Her law change, to be engraved in the Government’s Bill, puts the needs of survivors above the needs of rapists, casting in law a shield for women who have had a child as a result of rape, and for their babies. Those rapists will no longer be able to retraumatise the mothers, nor to demand access to or endanger the children.

If anyone says politics does not make a difference, I say, “Look at my hon. Friend, who shared her own experience of being groomed and abused and having a child as a result.” Her extraordinary strength raised that beautiful baby girl. That strength meant that she did so alongside becoming a Member of this House and, within her first year as a parliamentarian, will today change the law to protect a generation of women, girls and children. This is the difference that politics in the hands of Members like my hon. Friend makes for our communities and our country: protecting women and children from vile sex offenders. It is a non-negotiable priority, central to our Government’s mission to halve violence against women and girls within a decade.

This matters. As my hon. Friend the Member for Bolsover said, 10 babies a day are currently born as a result of rape. Yet we still do not know the true scale of physical and sexual abuse at the hands of known domestically abusive parents. We do know that 60% of cases in the family courts involve domestic abuse, and that 40,000 children will have experienced domestic abuse in the private law Children Act cases that were received by the Children and Family Court Advisory and Support Service in the nine months from April 2024.

My formidable constituent, Claire Throssell MBE, lost her two beautiful boys 11 years ago, at the hands of her known domestically abusive ex-husband, while they were on a five-hour court-permitted contact visit. He lured them into the attic of their home with the promise of a train set, and set fires around their house. Claire promised her boys that she would ensure their voices were heard by campaigning to repeal the presumption of contact, the legal principle brought about by the Children and Families Act 2014, amending the Children Act 1989. The principle means that the courts always prioritise having both parents in a child’s life over the child’s safety, including when there is a known history of domestic abuse.

There have been 67 deaths at the hands of known domestic abusers since Women’s Aid started to report on this issue just 30 years ago. Five previous Conservative Governments—look at the empty Benches opposite—did nothing, despite the Conservative Government in 2020 leading the harm panel report, an expert review of domestic abuse and the family courts; despite that report recommending that the presumption of contact should be urgently reviewed; and despite Women’s Aid research finding there have been 19 more child deaths at the hands of known domestic abusers since Jack and Paul died. No response was published for four years under those Conservative Governments. Where are Conservative Members today?

I first met Claire at a remembrance event at my old school—the same school that her eldest son Jack went to. I knew of the tragic deaths of her sons, but hearing from her what happened was heartbreaking. I promised her that if I was elected as her Member of Parliament, I would help to fulfil her promise to her boys. Last week, I took Claire to No. 10 Downing Street to meet the Prime Minister—the sixth Prime Minister since her beautiful boys died, but the first to promise Claire that he will deliver Jack and Paul’s law. Last week, on the 11th anniversary of the boys’ deaths, he announced in this Chamber that our Government will repeal the presumption of contact.

The Prime Minister’s promise made it clear that the repeal of the presumption of contact will form part of a broader package of family court reforms aimed at better protecting children involved in private law proceedings. That is truly decisive action by our Government to change the law to protect generations of children where the Conservatives failed to do so. The reforms will ensure that decisions about child arrangements put the child at the centre of decision making and are based on a robust assessment of the potential risks, particularly when domestic abuse is present.

Our message is clear: the safety of children is paramount. We will stop at nothing to make sure that they are protected in our courts, prioritising children’s safety and wellbeing and their right to grow up free from harm. The changes will reinforce new clause 14 and the exceptional work set out in the Bill by putting children at the centre of the family courts.

I am proud that our Labour Government is packed full of brilliant women who stood behind Claire Throssell, Natalie Fleet and I to ensure that our Government fulfil her promise to her boys. Those women include the Minister of State for Courts and Legal Services, the Minister for Victims, the Minister for Safeguarding and Violence Against Women and Girls, and my hon. Friends the Members for Lowestoft (Jess Asato), for Milton Keynes Central (Emily Darlington) and for Bolton North East (Kirith Entwistle). I also thank my hon. Friend the Member for Calder Valley (Josh Fenton-Glynn) for his work and allyship.

Repealing the presumption of contact is urgent. Will the Minister confirm that it will be repealed as soon as the parliamentary time allows, thereby fulfilling the promise that the Prime Minister made to Claire Throssell last week? Expediting the repeal of the provision in the statute book will ensure that no more towns like mine will grieve, and it will ensure that Jack and Paul’s law is at the heart of our family justice system, where it belongs. I commend the Bill to the House.

None Portrait Several hon. Members rose—
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