Legal Aid, Sentencing and Punishment of Offenders Bill

Nigel Evans Excerpts

Monday 31st October 2011 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Jonathan Djanogly)]

I beg to move amendment 10, page 99, line 11, leave out from ‘where’ to first ‘for’ in line 13 and insert ‘—

(a) the services are provided to the individual, or

(b) the individual has died and the services are provided—

(i) to the individual’s personal representative, or

(ii) ’.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following: Government amendment 11.

Amendment 91, page 103, line 3, after ‘family’, insert ‘or other intimate’.

Amendment 93, page 103, line 4, at end insert

‘or where an allegation is made that B has been abused by A or is at risk of being abused by A’.

Amendment 23, page 103, leave out lines 35 to 38 and insert—

‘“abuse” means any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.’.

Amendment 92, page 103, line 35, leave out ‘physical or mental abuse’ and insert

‘any incident of threatening behaviour, violence or abuse (whether physical, mental, financial or emotional)’.

Amendment 74, page 104, line 23, at end insert—

‘(10) For the purposes of this paragraph, evidence that A has been abused by B or is at risk of being abused by B may consist of one or more of the following (without limitation)—

(a) a relevant court conviction or police caution;

(b) a relevant court order (including without notice, ex parte, interim or final orders) including a non-molestation order, occupation order, forced marriage protection order or other protective injunction;

(c) evidence of relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic violence;

(d) evidence that a victim has been referred to a Multi-Agency Risk Assessment Conference (as a high-risk victim of domestic violence) and a plan has been put in place to protect that victim from violence by the other party;

(e) a finding of fact in the family courts of domestic violence by the other party giving rise to the risk of harm to the victim;

(f) a medical report from a doctor at a UK hospital confirming that the applicant has injuries consistent with being a victim of domestic violence, such injuries not being limited to physical injuries;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she has examined the applicant and is satisfied that the applicant had injuries consistent with those of a victim of domestic violence;

(h) an undertaking given to a court that the perpetrator of the abuse will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in connection with domestic violence;

(j) a letter of support or a report from a domestic violence support organisation; or

(k) other well-founded documentary evidence of abuse (such as from a counsellor, midwife, school or witnesses).

(11) For the avoidance of doubt, no time limit shall operate in relation to any evidence supporting an application for civil legal services under paragraph 10.’.

Amendment 94, page 104, line 25, leave out ‘(“A”)’.

Amendment 95, page 104, line 27, leave out ‘other than A’.

Amendment 96, page 104, line 39, at end insert—

‘(1A) Civil legal services provided to an adult in relation to proceedings for financial relief in respect of a child who is the subject of an order or procedure mentioned in sub-paragraph (1).’.

Amendment 97, page 104, line 39, at end insert—

‘(1B) Civil legal services provided in relation to proceedings in which the court is considering giving a direction under section 37 of the Children Act 1989 (direction to authority, where care or supervision order may be appropriate, to investigate child’s circumstances).’.

Amendment 98, page 104, line 39, at end insert—

‘(1C) Civil legal services provided in relation to proceedings arising out of a family relationship involving a child in respect of whom a court has given a direction under section 37 of the Children Act 1989 (direction to authority, where care or supervision order may be appropriate, to investigate child’s circumstances); and “family relationship” has the same meaning for the purposes of this sub-paragraph as it has for the purposes of paragraph 10.’.

Amendment 99, page 105, line 42, leave out ‘to a child’.

Amendment 100, page 105, line 43, leave out first ‘the’ and insert ‘a’.

Amendment 101, page 106, line 1 , leave out first ‘the’ and insert ‘a’.

Amendment 102, page 106, line 3 , leave out first ‘the’ and insert ‘a’.

Amendment 83, page 108, line 44 , leave out sub-paragraphs (5), (6) and (7).

Government amendments 55 to 59.

Amendment 113, page 112, line 5 , at end insert—

‘Immigration: victims of domestic violence and indefinite leave to remain

24A (1) Civil legal services provided to an individual (“I”) in relation to an application by the individual for indefinite leave to remain in the United Kingdom or a claim by the individual to a right to reside in the United Kingdom, on the grounds that—

(a) I was given leave to enter or remain in the United Kingdom for a limited period as the partner of another individual present and settled in the United Kingdom, or had the right to reside in the United Kingdom as the partner of another individual, and

(b) I’s relationship with the other individual broke down permanently as a result of the abuse of I by an associated person.

General exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.

Specific exclusions

(3) The services described in sub-paragraph (1) do not include attendance at an interview conducted on behalf of the Secretary of State with a view to reaching a decision on an application.

Definitions

(4) For the purposes of this paragraph, one individual is a partner of another if—

(a) they are married to each other,

(b) they are civil partners of each other, or

(c) they are cohabitants.

(5) In this paragraph—

“abuse” means any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.

“associated person”, in relation to an individual, means a person who is associated with the individual within the meaning of section 62 of the Family Law Act 1996;

“cohabitant” has the same meaning as in Part 4 of the Family Law Act 1996 (see section 62 of that Act);

“indefinite leave to remain in the United Kingdom” means leave to remain in the United Kingdom under the Immigration Act 1971 which is not limited as to duration;

“present and settled in the United Kingdom” has the same meaning as in the rules made under section 3(2) of the Immigration Act 1971;

“right to reside” means a right of residence established under Directive 2004/38/EC of the European Parliament and the Council 29 April 2004 on the right of citizens of the Union and their family members to move and reside within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EC, 90/365/EEC and 93/96/EEC.’.

Government amendments 60 and 61.

Amendment 145, page 112, line 11, at end insert—

‘(1A) Civil legal services provided to an individual for a matter arising out of any rule laid down under section 1(4) of the Immigration Act 1971 making provision for family members to enter or remain in the United Kingdom as the family member of a refugee or beneficiary of humanitarian protection.’.

Government amendments 62, 13, 14, 63, and 15 to 18.

Amendment 103, page 7, line 35, at end insert—

‘(7) But the Director must determine that an individual qualifies for civil legal services where the services relate to a matter falling within paragraph 10 of Schedule 1 and—

(a) the individual has been admitted to a refuge for persons suffering from domestic abuse;

(b) the individual has obtained medical or other professional services relating to the consequences of domestic abuse, or

(c) an assessment for the purpose of possible mediation of a family dispute has concluded that the parties need not engage in mediation as a result of domestic abuse,

and in this subsection “domestic abuse” means abuse of the kind to which paragraph 10(1) of Schedule 1 relates’.