Divorce, Dissolution and Separation Bill

Michael Tomlinson Excerpts

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

[Mr Gauke]

Obviously, this Bill’s focus is on divorce for those who are married. There is a point about advice where we can have a wider debate. I will focus my remarks today on the contents of the Bill and the argument I am making about the problems with fault in the current divorce system, and I welcome the hon. Gentleman’s support on that. Clearly, there is a debate to be had as to how we can provide support to couples, be that about reconciliation or in other contexts.

Whatever family structure children grow up in, they benefit most from stable, loving and caring relationships with parents and other close family members. We are clear that when parents have taken this difficult decision, children’s best interests are served by minimising conflict during and after the legal process, to support co-operative parenting and positive parenting relationships. This Bill is in the best interests of children whose parents are divorcing. It will therefore remove the harmful requirement for wives, husbands and civil partners in England and Wales to hurl blame or to go through the waiting limbo of separate lives. It will help them move forward more amicably and constructively. It will make a genuine difference to many thousands of children and families who each year, sadly, experience divorce.

It is 50 years since the Divorce Reform Act 1969 gave rise to the law we now have, and few of us will have known anything else. Some among us will have divorced under this law. All of us will be conscious of the bitter experience of friends and constituents who have. Even so, the existing law is not always understood. It allows divorce only on the ground that the marriage has broken down irretrievably. The court cannot hold the marriage to have done so unless it is satisfied of one or more of what the law calls “facts”. Three of the five facts—adultery, behaviour and desertion—relate to conduct of the respondent. The other facts are two years’ separation and five years’ separation, the difference being that two years’ separation requires both parties to agree to the divorce—the same applies to civil partnerships, except that the adultery fact is not available. But the fact someone chooses does not necessarily bear any resemblance to the real reasons the marriage or civil partnership broke down. Those reasons are often subtle, complex, and subjective. Who, if anyone, was responsible is a question that can be answered honestly only by the people in the marriage.

We are probably all aware of situations where a couple have sadly grown apart over time and jointly agree to divorce The current law does not allow them to do so, unless they are first financially able to live apart for two years. They might be forced to present events in a way that serves the system; minor incidents become stretched out into a pattern of behaviour to satisfy a legal threshold, which then bleeds over into how a couple approach negotiations over arrangements for children and finances; or there may be a coercive relationship, where one partner is desperate to divorce but is too scared of the consequences of setting out the evidence of their partner’s unreasonable behaviour to the court. It should be enough that the relationship has irretrievably broken down.

I do know where people are coming from when they say the requirement to prove a fact is useful, because they think that someone must be held responsible for the break-up of the marriage and that this requirement lets the court determine blame for that. The court, however, cannot do so, and the law does not require it to. Instead, making allegations or having to live apart in a marriage introduces conflict or makes it worse—this conflict can continue far beyond the legal end of the marriage and hurt children’s life chances. That is the reason for this reform.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I am grateful to the Secretary of State for the careful way in which he is taking us through these proposals and for his indication of support for marriage. Will he look, perhaps in the context of this Bill, at supporting marriages before they have broken down irretrievably and providing support where couples are under pressure, to reduce marital breakdown by intervening earlier?

[Mr Gauke]

The last two words, “intervening earlier” are key. Once the point of a divorce is reached, it is likely—the evidence suggests this—that it is too late. The question is: can we provide support earlier? In all honesty, I do not believe that the Bill provides the vehicle to address that point, because if we try to provide that support in the context of the divorce itself, we will be too late. Clearly, however, there is an argument—one that I suspect is for the next spending review—as to what assistance can be provided to couples at an earlier stage in the process. I completely understand where my hon. Friend is coming from and I very much agree that the point is about earlier intervention, but where someone is going through the divorce process, making that process more difficult and confrontation is counterproductive.

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [ Lords ] (First sitting)

Michael Tomlinson Excerpts

Tuesday 5th March 2019 Public Bill Committees

[The Chair]

We now come to line-by-line consideration of the Bill. The selection list for today’s sitting is available in the room. That shows how the clauses and any selected amendments have been grouped for debate.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

On a point of order, Mr McCabe. I notified you in advance that I would raise this point of order. As I understand it, you have ruled that my two new clauses are out of scope of the Bill. As it happens, I completely agree. I consulted the excellent Clerk to the Committee, who helped me with this and also gave me that advice. You are both absolutely right.

I just want to explain to the Committee that the reason I tabled the new clauses was not that I wanted to affect or damage the Bill, or to harm its prospects in any way—quite the opposite; I want to ensure that it has smooth passage. However, I thought wider issues such as our international development work and the impact on the family courts were worthy of the Committee’s consideration.

Be that as it may, I do not seek to overturn your ruling, Mr McCabe, which was absolutely right. However, it seems that scope has some elasticity and flexibility when it comes to Brexit business, but that the old rules apply when it comes to the important issue of female genital mutilation, and I am bound to say that I want that placed on the record.

[The Chair]

I am delighted that I have no responsibility for the Brexit arrangements, but you have managed to make your point, Mr Tomlinson, and it is on the record. No one doubts your good intentions, but the new clauses are beyond the scope of the Bill. I think we will leave the matter there.

Clause 1

Amendment to the Children Act 1989

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

Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [ Lords ]

Michael Tomlinson Excerpts

Second Reading Committee debate: House of Commons
Monday 25th February 2019 General Committees

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a great pleasure to serve under your chairmanship, Mr McCabe—our paths seem to cross quite frequently when considering private Members’ Bills, and it is always a pleasure.

I wholeheartedly support the Bill. I congratulate my hon. Friend the Member for Richmond Park on his persistence and determination in ensuring that it reaches Second Reading. I am pleased to see the Minister in her place and welcome her. I was one of a very few Members who were in the Chamber when the Bill was objected to. The disgust and disappointment on both sides of the House when the Bill was blocked were clear. I made a point of encouraging the Minister, when an urgent question was brought on 11 February, to bring forward the Bill as quickly as possible. I am grateful that she has responded. I shall not delay the Committee long, but I want to raise two questions and thought that it would be easier to do so in a short speech, rather than through interventions.

First, how many cases before the family courts does the Minister anticipate will be directly affected by the Bill? My hon. Friend the Member for Richmond Park mentioned that around 137,000 women and girls in this country have been affected by FGM. Will the Minister anticipate how many of those cases may go before the family courts?

[Craig Tracey (North Warwickshire) (Con)]

I congratulate my hon. Friend the Member for Richmond Park on bringing forward the Bill. My hon. Friend the Member for Mid Dorset and North Poole is right to raise the number of cases involved. He served, as I did, as a Parliamentary Private Secretary in the Department for International Development. Will he join me in welcoming the fact that although the Bill will help relatively low numbers of people in this country, DFID’s work around the world since 2013 has helped millions of women avoid FGM? There has also been more education around the world, thanks to the Department’s excellent work.

[Michael Tomlinson]

I am grateful to my hon. Friend for that intervention, not least because I look back fondly on my stint as a PPS in the Department for International Development—a wonderful Department that does much good across the world. The matter that we are considering is a good example of the work it does, and we should all be proud of it. Whenever I am challenged about why we spend money on foreign aid, I say that we should be proud to stand up and say exactly what we do—which in this case has been to help millions of girls across the world. I am grateful to my hon. Friend, and indeed to my hon. Friend the Member for Richmond Park, who also mentioned DFID’s work.

My second question arises from the fact that we have heard from several Members that there has been only one successful prosecution. I may be going slightly broader than the Minister’s remit this afternoon, but I still want to challenge her on what more can be done, within the ambit of the Bill or otherwise, to ensure that there will be successful prosecutions whenever FGM is carried out in this country.

The Bill clearly makes a technical amendment to the law, but I like to think that it is achieving something more than that, because we are debating it in Parliament and highlighting the issue. That is important in itself.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Mr McCabe.

I thank my hon. Friend the Member for Richmond Park for his support for the Bill, for sponsoring it through the House and for his commitment to protecting young women. Like him, I also pay tribute to Nimco Ali for her campaigning in this important sphere, and recognise the work of Lord Berkeley in bringing the Bill forward.

As others have said, female genital mutilation is a barbaric and illegal act. Many have referred to the effects of FGM; I will repeat them and refer to the leading judgment of Lady Hale in the Supreme Court case, where the question was whether the risk of FGM amounted to persecution. She held that it did, and in coming to that conclusion, she stated that the procedures

“are irreversible and…last a life time. They are usually performed by traditional practitioners using crude instruments and without anaesthetic. Immediate complications include severe pain, shock, haemorrhage, tetanus or sepsis, urine retention, ulceration... Long term consequences include…urinary incontinence…and sexual dysfunction… It is likely that the risks of maternal death and stillbirth are greatly increased”.

The Bill before this Committee is designed to further protect victims of this horrific practice. The Bill ensures that, if a local authority wishes to bring a care or supervision order in relation to a child at risk of significant harm, it can do so during proceedings for an FGM protection order, avoiding the need for separate applications and potential delay. This change in the process, which is the sole purpose of this Bill, is an obvious and uncontroversial remedy for this small gap in the law and will supplement the measures that this Government have brought forward to tackle FGM.

The hon. Member for Swansea East and my hon. Friend the Member for Mid Dorset and North Poole rightly highlighted the lack of prosecutions in this area. They are right to state that we must do what we can to increase prosecutions so that more people can be brought to justice for this horrific act, but, as the hon. Member for Ashfield rightly identified, one of the difficulties in bringing people to justice is that this act is committed within families. Another difficulty relates to the age of the victims, who cannot speak out when they are so young. This is an issue that affects not just this country; there have been only a small number of prosecutions across many countries in Europe.

[Michael Tomlinson]

The Minister is absolutely right when it comes to evidence, but are there any lessons that we can learn from jurisdictions abroad, even though there are equally small numbers of prosecutions in Europe? What more can we learn? What more can we do to ensure that of these 135,000 victims, more than just one case is prosecuted in this country?

[Lucy Frazer]

That is an important point and a challenge; I am sure the Crown Prosecution Service is looking closely at that. Others have made the broader point about education and the hon. Member for Ashfield has challenged the Government on what more we can do. Like my hon. Friend the Member for Richmond Park, I am very pleased that today the Department for Education has announced that education on the issue of female genital mutilation will take place in schools.

My hon. Friend the Member for Mid Dorset and North Poole also asked about how many cases will come before the court in respect of this private Member’s Bill. I answer honestly that we do not expect the number to be large. We cannot say with exact precision how many there will be, but, as others have said, if by some small amendment we can protect any women at all—whether that number is large or small—from the horrific consequences that many hon. Members have outlined, we should do so. Given the impacts, that is what we are doing through our support of this legislation.

Finally, I thank hon. Members from across the Committee for the united and consensual way in which we are proceeding with this legislation. This is the second Bill that I have had the honour of taking through this Parliament with cross-party support, and I see many hon. Members here who were party to the other proceedings on upskirting. These are examples of the Houses of Parliament at their finest, where we identify issues that affect people and bring them forward, plugging gaps in the law, in a cross-party, consensual way. I am privileged yet again to be part of this very important measure. I would also like to mention the contributions by my hon. Friends the Members for Erewash and for Faversham and Mid Kent. Finally, I am pleased to say that I and the Government support this Bill and commend the motion that the Bill be allowed to proceed to Second Reading.

Legislation against Female Genital Mutilation

Michael Tomlinson Excerpts

Monday 11th February 2019 Commons Chamber

[Lucy Frazer]

I hear what the right hon. Gentleman says, and I understand that the measure has cross-party support. When the Government introduce a Bill, I look forward to its swift passage through the House.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Like one or two other Members here today, I was present on Friday. The Minister will know of the cross-party support not only today but on Friday, too, so I welcome her announcement that a Bill will be introduced in Government time. Will she take back my concern that a Bill be introduced as soon as possible? I echo Opposition Members: if there is time next week, so be it. Let us bring it forward.

[Lucy Frazer]

I am grateful to my hon. Friend for his comments and for being in the Chamber for the private Member’s Bill on Friday. His comments have been heard.

Draft Non-Contentious Probate (Fees) Order 2018

Michael Tomlinson Excerpts

Thursday 7th February 2019 General Committees

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to serve under your chairmanship, Mr Gray. Before I raise a number of questions with the Minister, may I say something positive? I am grateful to her for listening. In the previous iteration, she and I had exchanges about concerns regarding the level of fees, and I agree with her assessment that £6,000 is more proportionate than the original proposal of £20,000. I also welcome the fact that the very smallest estates will be taken out of paying any fee whatsoever, and that even for those estates of between £50,000 and £300,000 it is only a very modest increase indeed.

I welcome those parts of the regulations, but I would be grateful if the Minister could answer a series of questions that have been raised with me, which echo points that she made in her opening speech. First, I would like her to address head-on the criticism that this is simply an additional tax imposed for a simple clerical process and that the existing fees already cover the cost of that process. There has been a suggestion, as she herself has said, that these fees will help reduce other court costs, but concerns have been raised with me that they will simply go back to the Treasury as general taxation, rather than being what we might call a hypothecated tax that would assist in the other areas she has mentioned. I would be grateful if she would address that point.

Secondly, does the Minister agree that this would effectively be double taxation—taxation on the estate in the first place, and taxation in the form of this additional probate fee? Has she considered that this may lead to complicated avoidance schemes for those with the means to pay, who will simply seek to avoid paying the fee in the first place? I would be grateful for her thoughts on that. Finally, could she address head-on the concern that has been raised with me that the fee is effectively double taxation? Has she considered linking the fee to the net value of the estates? I would be grateful if she addressed those points.

Oral Answers to Questions

Michael Tomlinson Excerpts

Tuesday 13th November 2018 Commons Chamber

[Rory Stewart]

Very much so; a key part of the new consultation is taking some of the previous flexibility away and defining much more closely the requirements on regularity of contact, type of contact and the expectation on the offender.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Does the Minister agree that one of the keys to rehabilitation is to ensure manageable case loads for probation officers, so that more time and energy can be spent on each individual?

[Rory Stewart]

That is correct, which is why we are currently recruiting more than 1,000 new probation officers and probation support officers. But this is about not only the case load per prisoner but making sure we can focus most on the most risky prisoners and getting the right relationship between staff and risk.

Victims Strategy

Michael Tomlinson Excerpts

Thursday 11th October 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

I beg to move,

That this House has considered the Victims Strategy.

It is a pleasure to open today’s debate on the victims strategy, which is of importance to Members on both sides of the House and to our constituents. Today’s debate follows on from the launch of the first ever cross-Government victims strategy by my right hon. Friend the Secretary of State for Justice and myself on 10 September. The strategy has been well received, and I want to take this opportunity to thank my officials; partners in the Crown Prosecution Service and the police, and especially police and crime commissioner Vera Baird; members of the victims’ panel; Government colleagues, particularly the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), as well as my predecessor, my hon. Friend the Member for Bracknell (Dr Lee), and my hon. and learned Friend the Solicitor General; groups who support victims; and particularly victims themselves, who have bravely shared their experiences and made a huge contribution to this strategy.

In that vein, I also want to thank the shadow Minister, the hon. Member for Ashfield (Gloria De Piero), for her constructive engagement. While we may differ on some details, and rightly in her role she may—and, I sense, will—challenge me on particular aspects, her sincere commitment to improve support for the victims of crime is evident and consistent.

The strategy reflects this Government’s and this Prime Minister’s clear commitment to better support the victims of crime, building on progress so far. Someone who is a victim of crime should not become a victim of the process that follows. Our legal and justice system is quite rightly admired around the world, but we must ensure that it continues to evolve, to reflect the evolving nature of crime and the needs of victims. Our vision is of a justice system that supports more victims to speak up with the certainty that they will be understood, protected and, above all else, supported, regardless of their circumstances or background.

I make no apology for the lengthy list of those whom I thanked and paid tribute to a few moments ago for their work in this area, because that list—I could have included many others—reflects the fact that the key to delivering our vision and what victims want and need lies in working together.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

The Minister is sensibly outlining the fact that this is a cross-departmental and, to a certain extent, cross-party issue. Will he also acknowledge the importance of rehabilitation of offenders and encourage his Department to ramp up its work in that regard? If there is greater rehabilitation, there will be fewer victims in the first place and fewer offenders reoffending.

[Edward Argar]

My hon. Friend is absolutely right. I know that he has taken a consistent interest in that issue both as a Member and in his distinguished legal career prior to being elected to this place. He is right that this strategy is about providing support for the victims of crime, but ideally we must continue to focus on reducing the number of victims. This Government are very clear in the measures they are taking to reduce the number of victims of crime through tackling crime, but equally, as he says, rehabilitation is vital, because if we can prevent people from reoffending, we will see fewer victims of crime in the first place.

No single Department, agency, emergency service or other organisation alone can provide the services that victims rightly expect to receive, as shown by the response to major incidents and tragedies, such as the Grenfell fire and terrorist attacks in Manchester and London. Since my appointment four months ago, I have spoken to many victims and survivors, victims’ groups and of course the excellent Victims’ Commissioner, Baroness Newlove. I pay tribute to Baroness Newlove, who has played a huge role in moving this agenda forward since her appointment. She has taken a new role, shaped it, made it her own and achieved a huge amount, and we should all be grateful to her.

I also highlight the role of Members. It is difficult to single out particular ones, but I pay tribute to the work of my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who held this role before me many years ago and started off a lot of this work. He is a tireless, vocal and fearless campaigner on these issues, and that should be recognised. I also recognise the work of those who work in the justice system.

Through visits I have undertaken to not just our custodial establishments but women’s centres in the north-west, the Hackney youth offending team and youth courts, I have heard directly exactly how important the victim’s experience is to ensure that justice is delivered and is seen and felt to be delivered. This strategy consolidates years of progress that have been made by Governments of both parties, from the introduction of the first code of practice for victims in 2006, to the appointment of the first Victims’ Commissioner in 2010 and the 2012 publication of “Getting it right for victims and witnesses”. There is a large amount of cross-party consensus on this agenda. That is to the good, and we might wish to see it more often in this House.

Crucially, we are seeking to ensure that we keep pace with the changing nature of crime and the crimes being reported and are better able to deal with the pressures placed on the system. Our criminal justice system must ensure that those who are innocent are acquitted and that those who are guilty are convicted, but it must also work to respect the interests of victims. Victims have told us that they want to be treated fairly, properly and with dignity. They want to have timely, accurate information and communication and to see a joined-up and effective system working for them and ensuring that their journey is as simple as possible. Members will see that the structure of the strategy is no coincidence. I was clear that its structure should reflect the journey of a victim through the criminal justice system, making it clear that we are seeking to place them at the heart of what we are trying to do with this strategy.

We have made significant progress, but recognise that more must and can be done. Through the strategy, we seek to make victims’ entitlements a practical reality, rather than simply well intentioned words on a page. To that end, we have committed to strengthening the code of practice for victims—the victims code—to make sure that it keeps pace with the changing needs of victims and the nature of crime in the 21st century, while making clear to agencies and victims the services they are expected to provide and receive. We will deliver on that commitment by updating and amending the victims code to address its complexity, accessibility and language, and updating the entitlements. We shall consult on the changes in early 2019.

We want to go further, so in our strategy we reaffirm our manifesto commitment to develop proposals and to consult on the detail of a victims law. We will consider strengthening the enforcement of the victims code to ensure that victims receive the services to which they are entitled and, if they do not, better to hold criminal justice agencies to account; strengthening the powers of the Victims, Commissioner, so that that role has a stronger voice for victims and is better able to hold Government to account; and strengthening the role such legislation can play to underpin the consistency and enforceability of standards and the code. I pay tribute to Baroness Brinton, who is already engaged in that work, and to the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) for his work both in his previous role and in this House. We may not always agree on all the details of his proposals, but I look forward with pleasure to continuing to engage with him, as we develop the legislative proposals in the coming months.

In considering the changing nature of crime and victims’ needs, it is right that we address compensation. Although no amount of money can make up for the immense suffering endured by victims of violent crime, it is vital that they receive the help and support they need to rebuild their lives. In the victims strategy, we announced our intention to undertake a full review of the criminal injuries compensation scheme to ensure that it reflects fully the changing nature of crime and that every victim gets the compensation to which they are entitled.

Oral Answers to Questions

Michael Tomlinson Excerpts

Tuesday 9th October 2018 Commons Chamber

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

T6. What progress has been made towards introducing a presumption against short-term prison sentences, which will both help to support victims and reduce reoffending?

[The Minister of State, Ministry of Justice (Rory Stewart)]

As the Secretary of State has made clear, we feel very strongly that we should look and act on the evidence that a short-term prison sentence is more likely to lead to reoffending than a community sentence, and that therefore, in a sense, it endangers the public. The point of a sentence of any kind must be primarily to prevent offending happening in the future. For that reason, we will look very carefully at emphasising community sentences.

HMP Birmingham

Michael Tomlinson Excerpts

Tuesday 4th September 2018 Commons Chamber

[Rory Stewart]

That is a very good point. If the prison is stabilised as a result of this action, we need to make sure that the plan that takes it forward respects those ratios and that, if those ratios are reduced, it is done on an evidence base. The hon. Lady is absolutely right to point to the danger of doing that suddenly after the takeover.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

The Minister has reduced the number of prisoners at HMP Birmingham. Will he look seriously at reducing the number of prisoners right across the prison estate and relentlessly focus on rehabilitation? For victims and for those serving sentences of under 12 months, prison is not working.

[Rory Stewart]

I thank my hon. Friend very much for his question. It is of course true that we have evidence that shows clearly that there is a higher incidence of reoffending by people on short prison sentences than by people who serve community sentences. That is why the example from the Government of Scotland is very relevant. The best way to protect the public is by reducing reoffending. Putting people unnecessarily into prison in a way that damages them, does not change their lives and leads to reoffending when they leave is not in the prisoners’ interests, is not in the public purse’s interest and, ultimately, is not in the interests of public safety.

Oral Answers to Questions

Michael Tomlinson Excerpts

Tuesday 10th July 2018 Commons Chamber

[Edward Argar]

I hope that the hon. Lady will allow me to point to my future intentions. Having been in post for just shy of three weeks, I have not yet had any formal discussions; I have had the informal discussions I mentioned. I intend that bilateral meetings with colleagues in the Department of Health and Social Care and the Ministry of Housing, Communities and Local Government will be part of my regular meetings programme.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

I, too, warmly congratulate my hon. Friend on his appointment. With nearly 80% of young offenders who are sentenced to a short term of imprisonment going on to reoffend, prison is not working. It is not working for them, or for the victims of crime, which means there are more victims of crime. Will he consider a presumption against short-term sentences and instead consider a rigorous community system with a focus on rehabilitation?