Domestic Violence Victims: Cross-Examination

Debate between Oliver Heald and Maria Miller

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

I thank the hon. and learned Lady for that and for her news from Scotland. On legal aid in England and Wales, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) deliberately decided to concentrate the effort on cases involving people’s life, liberty, home or, as in this case, domestic abuse. Given that it was a period of austerity and decisions had to be made, I believe he got that judgment right. On the criteria for legal aid and the evidence that needs to be provided, it is not as though the Government have said, “This is set in stone”; where criticisms have been made, we have changed the rules to tackle those criticisms. My overall point is that the Government are responding when we should be.

[Mrs Maria Miller (Basingstoke) (Con)]

I welcome my right hon. and learned Friend’s announcements today and his work with the Lord Chancellor, but may I draw his attention to a report published last April by the all-party group on domestic violence, chaired by myself and the hon. Member for Birmingham, Yardley (Jess Phillips), that not only picked up on this issue of cross-examination but considered special measures in courts to make it is easier for some of the most vulnerable victims to give evidence without feeling intimidated?

[Sir Oliver Heald]

I pay tribute to my right hon. Friend’s work in this area and for the important work of the all-party group, of which the Government and the ministerial committee on violence against women and girls take particular note. On special measures, the family courts have always had available to them a wider set of tools than the criminal courts and their judges have a wide discretion. Such measures as cross-examination by video, which in the criminal courts is provided for under section 28 of the 1999 Act, can be taken in family cases. Family courts can take evidence in a wide variety of ways, so there is a lot of protection. As I said in response to the urgent question, however, we are going further. Measures to do with the court estate, such as ensuring separate waiting rooms, screens and all those sorts of physical aspects, are being covered, as is staff training, through the Children and Family Court Advisory and Support Service and so on. That is very important, too.