28 Peter Kyle debates involving the Ministry of Justice

Tue 14th Nov 2017
European Union (Withdrawal) Bill
Commons Chamber

Committee: 1st sitting: House of Commons
Tue 26th Apr 2016
Policing and Crime Bill
Commons Chamber

Report stage: House of Commons & Report stage: House of Commons

Shoreham Air Show Crash: Access to Justice

Peter Kyle Excerpts
Tuesday 9th January 2018

(6 years, 4 months ago)

Westminster Hall
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Tim Loughton Portrait Tim Loughton
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I do agree, and indeed the Government are doing that. I will come to that point later on.

I originally raised that decision in a letter to the PM in August jointly with other Sussex Members, including my hon. Friend the Member for Bexhill and Battle (Huw Merriman), but, alas, had not received a response directly from the Prime Minister at the time. The Prime Minister replied at PMQs that she fully understood the concerns of the families and assured me she was committed to ensuring that

“where there is a public disaster, people are able to have proper representation.”—[Official Report, 1 November 2017; Vol. 630, c. 814.]

Those were her words. The Lord Chancellor was asked to look at the problem, which is connected to the point that the hon. Member for Lewisham West and Penge (Ellie Reeves) made. I appreciate that the Prime Minister takes a close interest in this tragedy. Indeed, in contrast with the apparent indifference of No. 10 under the previous Prime Minister to the magnitude of this tragedy, the now Prime Minister championed the outstanding role played by the police, especially in the traumatic days that followed the crash, and added her tribute and flowers for the victims.

It is deeply disappointing that since 1 November, all that has happened effectively is a confirmation from the Ministry of Justice that the Legal Aid Agency made its decision properly, that the application and subsequent appeal were considered in line with relevant guidance and that Ministers cannot intervene. The Prime Minister simply pointed out that, before I raised this issue, the Lord Chancellor had announced a post-implementation review of the legal changes made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and I might consider making a submission to that review. That is the point that the hon. Member for Lewisham West and Penge made, and I will certainly be using the transcript of this debate to put that case.

The air accidents investigation branch produced a very thorough and comprehensive report on 3 March 2017, but it was not its job to apportion blame and instigate legal proceedings—that is not the way it is set up. A number of questions were raised by that report. The law firm Stewarts Law, which has been representing pro bono some of the families, has made a number of comments about that report. The AAIB report says that the investigation found that

“the parties involved in the planning, conduct and regulatory oversight of the flying display did not have formal safety management systems in place to identify and manage the hazards and risks. There was a lack of clarity about who owned which risk and who was responsible for the safety of the flying display, the aircraft, and the public outside the display site who were not under the control of the show organisers.”

It goes on:

“The regulator”—

the Civil Aviation Authority—

“believed the organisers of flying displays owned the risk. Conversely, the organiser believed that the regulator would not have issued a Permission for the display if it had not been satisfied with the safety of the event…No organisation or individual considered all the hazards associated with the aircraft’s display, what could go wrong, who might be affected and what could be done to mitigate the risks to a level that was both tolerable and as low as reasonably practicable. Controls intended to protect the public from the hazards of displaying aircraft were ineffective.”

Stewarts Law notes:

“Further, there is a valid, proper and serious legal argument that the CAA failed as a regulator in properly implementing a safety recommendation made over six years ago by the AAIB from a previous fatal Hawker crash at Shoreham in 2007.”

As it stands, at the official coroner’s inquest, there will be 19 interested parties involved. All non-family properly interested persons will be legally represented. Only the families of the victims—surely those with the closest and strongest interest in the proceedings—will not have legal representation.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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I congratulate the hon. Gentleman on securing the debate. As a neighbouring MP and someone who also lost a constituent in this air show crash, may I thank him for the open-hearted and spirited way in which he worked in collaboration with me during that gruesome period? Many of the victims of this air crash were the highest earners of the families from which they were taken, which means that in a hugely complex investigatory and legal landscape funded by Government agencies, these grieving families, who are very vulnerable and most unable to tackle these big issues, need the help of Government more than anybody else. Does he agree?

Tim Loughton Portrait Tim Loughton
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The hon. Gentleman makes a good point. I pay tribute to him and other neighbouring MPs who had constituents who were victims, as I extraordinarily did not. We have been able to act together to give some support and comfort to the families involved. Indeed, there was a public appeal that raised some £200,000, which has been distributed through the Sussex Community Foundation, and I have been on the board of that. I have seen at first hand the huge impact that this has had on families for whom the victims were the breadwinners. As well as going through the trauma of grieving, they have had to reinvent their lives. We need to be as supportive of these people as possible so that they can get through the formal processes, get their lives back on track and get some sort of closure. That is just not happening, which is why I have come back today to raise this matter again in the House.

As I have said, it is not assured that the inquest will go ahead this year, delaying yet further the opportunity for the families to get to the bottom of exactly what happened and achieve some degree of closure.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 5th December 2017

(6 years, 5 months ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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As I have just said, the legislation was announced in the Queen’s Speech. Obviously, we have a packed parliamentary timetable at the moment, with the EU measure and other aspects of that, but we are committed to introducing legislation and we will announce details soon.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Earlier this year, the Secretary of State generously agreed to amend the Courts legislation and introduce primary legislation to outlaw the cross-examination of victims by domestic abuse perpetrators. The principle of using primary legislation to tackle the matter has been agreed. When will he introduce primary legislation to tackle the issue?

European Union (Withdrawal) Bill

Peter Kyle Excerpts
Dominic Grieve Portrait Mr Grieve
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I cannot help it that the reality is that we entered into a partnership that now includes 27 other member states. We cannot just magic that away; they all have their interests, and they will all have to be taken into consideration at the end. As we have seen with trade agreements that are reached with the EU and other states, they take time. Indeed, my right hon. Friend and some of my other hon. Friends are, frankly, delusional in their belief of the speed with which these wonderful new trade agreements with third countries will be concluded once we leave the EU. My main anxiety on that topic is that there are 759 external treaties that come through our membership of the EU and that we are in danger of losing with amendment 381, tabled by the Government, in respect of putting a writ-in-stone date on when we have to leave. That should worry us just as much as any other aspect of leaving the EU.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Is not the real ludicrousness of amendment 381 that it is unenforceable and there is no punishment if that law is broken? As a former Attorney General, will the right hon. and learned Gentleman tell us the point of having a law for which—if the date is extended and the law broken—there is absolutely no consequence? The Minister will not be sent to prison for breaking it. It is a worthless political gesture.

Dominic Grieve Portrait Mr Grieve
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I hope that the hon. Gentleman will forgive me, but I do not entirely agree with him. If the measure stays on the statute book, the consequence would be that at 11 pm on 29 March 2019—even if the agreements, transitional arrangements and everything else have not been worked out—we will drop out of the EU, potentially into the void that so much of this legislation is apparently designed to prevent. All the possible benefits of continuing in transition would not be available, so this actually matters very much indeed. That brings me—although I do not want to take up the Committee’s time—to the infamous amendment 381.

Amendment 381 was sprung on the House, sprung on the Conservative party and certainly sprung on me—after weeks of talking gently to my ministerial colleagues and trying to find a sensible way through, which I continue to want to do—and suddenly landed on us as a diktat. It is quite simply unacceptable because it fetters the Government’s ability to carry out this negotiation, which makes me seriously question their competence, and it disenfranchises the House from properly exercising its scrutiny role, with the potential that, in fact, is almost an invitation to running into the buffers. Although I do not happen to believe that this is what the Government want to do, it certainly appears to play into the hands of those who seem to be so eager that we should leave the EU with absolutely no agreement whatever.

I seriously worry that I go to audiences of the kind that seem to extol the virtues of some of my colleagues on this side of the House, and I am told that only a departure from the EU without any agreement at all can detoxify us of the taint of our participation. Those were the very words used to me at the Conservative party conference. All I can say is that the individuals who are saying these things are utterly misguided, do not understand how a parliamentary democracy works and do not understand how an international community operates. But, whatever their grievances may be, they are the people to whom we have to sensibly articulate an alternative approach.

I am really pleased that amendment 381 cannot be put to the vote this afternoon, because I have to say to my right hon. and hon. Friends that I will vote against it. There are absolutely no ifs, no buts and no maybes about this—no arm-twisting and nothing that can be done to me in the intervening period. It is unacceptable and I will not vote for it. I will not vote for it if I am the only person to go through the Lobby to vote against it. The sensible thing for Ministers to do is to go away, have several cups of tea, think again, continue talking to me about all the other sensible things we have been talking about and on which we are likely to reach agreement, and just focus for a moment on where there is unanimity in this House about how we should proceed.

--- Later in debate ---
Bernard Jenkin Portrait Mr Jenkin
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I just put that forward as a problem. I believe as passionately in my case as my right hon. Friend does in hers. I sympathise and understand, but we have to accept that the country voted to leave. The one thing we know about how people voted—whether it was for this deal or that deal, whether they believed or disbelieved this or that piece of propaganda—is that they voted to leave the EU. That is the one thing it said on the ballot paper. I cannot understand how anyone can come to the House and say, “Well, there might be circumstances in which I will not respect that decision”, as the right hon. Member for Knowsley (Mr Howarth) just did. That is what it amounts to.

Peter Kyle Portrait Peter Kyle
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Sir Winston Churchill said that the role of an MP was to put country first, constituency second and party third. Does the hon. Gentleman accept that, if the Government come back with a bad deal, allowing it to go forward would put none of those three first?

Bernard Jenkin Portrait Mr Jenkin
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That brings me to my next point. This debate is rerunning many of the arguments during the referendum campaign. The remain case was premised on the idea that it is a horrible, cruel world out there, that we cannot survive outside the EU, that it will be completely disastrous and that unless the EU give us permission and lots of help and support and agree to a whole lot of stuff we would like, we will be on our own in the cold. You know what? It is not true. Most countries are not in the EU and they are fine. This debate sometimes loses sight of that.

I wish to speak in favour of clause 1 standing part of the Bill. I agree so much with my right hon. Friend the Member for Wokingham (John Redwood). This is the most important Bill since we joined—more important, in fact, because after 45 years of membership it is so much more significant than it was. The principle of democracy is that Parliament legislates and Ministers obey and implement the law. The problem with the EU is that it turned our Ministers into legislators. They go to Brussels, sit in council, legislate and then bring back fait accompli legislation that is then imposed on this House. The 1972 Act is the greatest Henry VIII clause that has ever existed, and there is something a bit inconsistent —I understand why they are saying it—in complaining about Parliament not being treated properly, given that the whole principle of our membership of the EU requires the removal of the House’s right to make the laws of this country.

--- Later in debate ---
Chris Leslie Portrait Mr Leslie
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Well, the Minister proves my point. We need a report from the Government very soon after Royal Assent to answer this question. New clause 14 is a very gentle, soft amendment that I hope will nudge the Government into answering that question.

Peter Kyle Portrait Peter Kyle
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A transition implies moving from one place to another. If we write into statute the date on which we are to leave, industry and the economy will wake up the next day and find that we are out of the jurisdiction of the European Court of Justice, out of the customs union and out of the single market. That is not a transition but an overnight crash. The Government say that we will then make a further transition and then pick up the pieces, like the Road Runner hitting the ground and having to pick himself up afterwards. This is not an orderly transition; it is, by any definition, a car crash. Does my hon. Friend not agree?

Chris Leslie Portrait Mr Leslie
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Yes. There are massive risks, and if we do not have an orderly transition, there will be big consequences. However, although we have identified 29 March 2019 as a key date, there is another critical date, which will fall in the first quarter of the next calendar year. Many businesses are saying that they must have certainty about what the shape of the transition will be by that time.

The clock is ticking much more swiftly than Ministers may have appreciated. We need to know that they are rolling up their sleeves ahead of the European Council, which begins on 14 December. We may just complete the Committee stage during that week, but it is vital for businesses to have certainty, and it is also vital for Ministers to explain how aspects of the transition will take place. In a way, it would be disloyal to the Prime Minister for them not to do so.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 25th April 2017

(7 years ago)

Commons Chamber
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Sam Gyimah Portrait Mr Gyimah
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My hon. Friend does great work on behalf of victims in his constituency. He raises an important point about the way in which exclusion zones, which are there to protect victims, are designed and operated. I am sure that that is something we will look at in great detail.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Websites such as Craigslist are being used by corrupt individuals to advertise free accommodation in return for sex. Does the Secretary of State agree that that is currently happening within the law and that a review needs to take place so that the people who are exploiting extremely vulnerable young women in that way face the full force of the law?

Elizabeth Truss Portrait Elizabeth Truss
- Hansard - - - Excerpts

I agree with the hon. Gentleman that this issue is concerning and I am very happy to look at it.

Domestic Violence Victims: Cross-Examination

Peter Kyle Excerpts
Monday 9th January 2017

(7 years, 4 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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(Urgent Question): To ask the Secretary of State for Justice to make a statement on the emergency review to determine how to ban perpetrators of domestic violence from directly cross-examining their victims within the family court.

Oliver Heald Portrait The Minister for Courts and Justice (Sir Oliver Heald)
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I am very grateful to the hon. Member for Hove (Peter Kyle) for the chance to update the House on an important issue. To put this in context, the issues at stake in family proceedings are always sensitive and often complex, and the decisions of the court can have far-reaching implications for the individuals involved. The presence of domestic abuse only exacerbates an already traumatic situation, so the Government have already taken steps to make sure that victims in the family justice system have support and protection. We have protected legal aid for individuals seeking protection from abusers. We continue to invest in the court estate to improve the physical security of family courts and the emotional support available for users. We have placed particular emphasis on training for those who work in the family justice system, making sure they understand the nature and impact of domestic abuse and that they act appropriately when they come across it.

However, we know that there is more to do. As the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), made clear when this was debated in Parliament on 15 September, the Government are determined to improve the family justice response to domestic abuse, and we have worked closely with judges and others to consider what additional protections may be necessary. We are particularly concerned about the fact that unrepresented perpetrators of abuse can directly cross-examine their victims in family proceedings. I want to make family court processes safer for victims so they can themselves advocate effectively and for the safety of their children. This cannot happen while a quarter of domestic violence victims face cross-examination by their abusers.

The Lord Chancellor has requested urgent advice on how to put an end to this practice. This sort of cross-examination is illegal in the criminal courts, and I am determined to see it banned in family courts, too. We are considering the most effective and efficient way of making that happen. That will help family courts to concentrate on the key concerns for the family and always to put the children’s interests first, which is what they are supposed to do. This work, which is being fast-tracked within the Department, is looking in particular at the provisions in the criminal law that prevent alleged perpetrators from cross-examining their alleged victims in criminal proceedings, and we are considering how we might apply similar provisions in the slightly different circumstances of family proceedings.

Members will appreciate that such a proposal requires thought, but we want to resolve the matter as soon as possible. We will make further details available shortly, once the work is complete. I want to thank the president of the family division, Sir James Munby, who has argued passionately that this practice should be outlawed for good.

Peter Kyle Portrait Peter Kyle
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This issue has been wreaking untold devastation on victims of domestic violence. I have now spoken to numerous survivors of abuse whose accounts of torment under cross-examination in the family court—often by convicted rapists—are devastating to hear, but impossible for most of us even to imagine.

I have spoken to a woman who was cross-examined by the man who was in jail for numerous counts of rape and abuse that had left her unconscious and hospitalised. As a result of the family court process, this extremely vulnerable woman needed weeks of medication and months of counselling to recover. She has now suffered such an ordeal three times. I have spoken to the sister of a woman who was abused so grievously that the abuse resulted in her death. The convicted murderer then sued for custody of their child from the prison where he was serving a life sentence for murder. He directly cross-examined the sister of the woman he murdered, even having the grotesque nerve to ask, “What makes you think you can be a parent to my child?” Abuse is being continued and perpetuated right under the noses of judges and the police, the very institutions that should be protecting the vulnerable with every sinew of state power.

On 15 September 2016, in response to speeches by Members on both sides of the House in a Back-Bench debate, the Under-Secretary of State for Justice, the hon. Member for Bracknell (Dr Lee), said that this is a

“scourge, which blights our society.”—[Official Report, 15 September 2016; Vol. 614, c. 1119.]

Yet he made no commitment to review or to change policy. Sadly, it took the excellent coverage in The Guardian during the Christmas break for such a commitment to emerge from the Ministry of Justice.

The source was anonymous, so will the Minister provide clarity in these areas? Lord Justice Munby, the president of the family division, supports measures to outlaw the cross-examination of victims by perpetrators, and he has said that this will require primary legislation. Does the Minister agree with that assessment, and if so, will he make the drafting and introduction of any such legislation a priority? The anonymous source told The Guardian that this was a matter of urgency for the Secretary of State. Will the Minister tell the House when she started the review, and more importantly, precisely when it will be completed? Victims of abuse need to have precision and clarity at this moment of great importance for them. Speed is of the essence, but so is consultation—we need to get this right—so will the Minister tell us what process is in place to enable victims, campaigners and support organisations to feed in their essential experiences and views so that the review is at all times carried out with, not done to, survivors of domestic abuse?

Finally, as I told the House back in September, it is a source of shame to me personally that I got to the age I am today without being aware that such barbarism is being practised within our own legal system. In addition to my lack of inquisitiveness, which I regret profoundly, the secrecy imposed by law on the family court process allowed this to continue without journalistic oversight. Will the Minister consider longer term assessment of the wider operational activity in the family court system? Such assessment should look, in a considered and detailed way, at the overall operation of family courts with a view to ensuring, where appropriate, greater transparency and oversight of the family court process is introduced.

John Bercow Portrait Mr Speaker
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Before we proceed, let me just say this. The hon. Gentleman has raised an extremely serious matter on the back of very considerable knowledge and research, and he has aired it in this House with great sensitivity. I did not wish to interrupt him—not least for that obvious reason—but perhaps I can announce to the House a new year’s resolution: from now on we must, without fail, stick to the established time limits for urgent questions. The hon. Gentleman was notified of the two-minute limit and he took over three minutes. That is the first point. A lot of more experienced Members will be well aware of my second point, but perhaps I can just underline it. The briefest preamble of description is fine, but an urgent question is supposed to be just that: neither a speech nor a contribution to debate, but a series of questions. I know the hon. Gentleman well and he will not, I am sure, take offence. He has raised very important matters. In future, however, doing so must be done in accordance with the proper form and time.

Domestic Abuse Victims in Family Law Courts

Peter Kyle Excerpts
Thursday 15th September 2016

(7 years, 8 months ago)

Commons Chamber
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Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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May I join the chorus of approval and gratitude expressed to my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) for securing this debate? Not only did she give a voice so effectively to a family who so desperately wanted that to be done, but she set a tone for this debate that is very much appreciated by all of us following her. I thank the right hon. Member for Basingstoke (Mrs Miller), who spoke brilliantly. She joined in making a pitch for this debate. I also thank my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), who was present for the pitch for this debate. As a member of the Backbench Business Committee, she could not join in with it, but I could tell from her unrestrained facial expressions that she was offering support in many other ways during the process. Those Members and others in the Chamber today have championed victims of domestic abuse in Parliament, in Government and on the front line respectively. Together, they bring a wealth of advocacy experience to this debate.

I must admit, with some shame, that I came to realise the true brutal horror of domestic violence only relatively recently, when I became a Member of Parliament. Shortly after the election last year, I was in my office sifting through the rubble of my campaign, when a women walked in and asked if I was her new Member of Parliament. When I said yes, she told me that she had just fled her partner, after suffering the latest in a long series of very brutal attacks. She sat, bruised and shaking, and said that she was ready to move on, but that she needed help. She did not trust the police, so she had turned to me. That was my first experience of someone turning to me for help as an MP, and it was the first time I had sat down with a survivor of domestic abuse.

Since that time, I have got to know many women who have survived violent relationships, and I have tried my best to be the best advocate I can for them. It is through meeting and listening to survivors that I first came to understand how our family courts are being used to perpetuate abuse against extremely vulnerable women. Eighteen months ago, I did not know that a convicted criminal could represent himself and cross-examine the victims of his crimes over and over again by using the family courts. How could I get to this age and not know that? Why is it that so few people I talk to have the faintest idea this is going on daily in the British legal system?

One constituent I am in regular contact with has been cross-examined by her former partner on three separate occasions. The man who beat her, broke her bones, battered her unconscious and hospitalised her, and who was convicted for his crimes, still has the right to summon his victim to court for a spurious custody hearing. He will never win the case, but that is not the point—he is victorious the second he steps into the courtroom, because in that instant he gets exactly what he wants, which is to continue to inflict violence and abuse on a woman who has already suffered more than most of us could ever imagine.

Madeleine Moon Portrait Mrs Moon
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Is it not important for the courts to understand that they are being manipulated in that way? The courts ought to record how often an abuser deliberately uses the courts to inflict further abuse. Concentrix should also be aware that when it receives reports of an unreported adult being in the home, it may well be the abuser carrying on the abuse by making false reports. It should take action to investigate that before it cuts off the benefits.

Peter Kyle Portrait Peter Kyle
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My hon. Friend makes an incredibly important point. The fact that many of the men who inflict this violence are not only extremely manipulative, but extremely careful in the way they manipulate people and systems, means that far more effort should be put into understanding the victims, who can explain the type of behaviour the courts are dealing with. If we did that, a lot of heartbreak and violence would be avoided.

Another constituent told me that she was shaking so violently after a family court hearing that she had to be assisted to the taxi. Soon after leaving, the taxi had to stop to allow her to open a door and vomit.

Those of us who have not experienced it cannot comprehend the fear that survivors suffer. It is all-encompassing and ever present. The prospect of seeing the man who reigned with such terror causes paralysis. The faintest possibility that the abuser could get access to personal details—addresses, bank account numbers or even medical records—is overwhelming. What is most grotesque is that abusers know this. They know that the family courts can be used to torment their victims, and in some cases they do so with unrelenting brutality. When one listens to survivors describing their experiences of being summonsed, approaching the hearing date, being cross-examined by their abuser and dealing with the aftermath, one simple truth is inescapable: the language and vocabulary with which they describe their family court experience is identical to how they describe the violence they experienced in the relationship they bravely escaped.

It should shock everyone that the family courts are being used in a way that inflicts, not ends, violence against women. Worst of all, from the abuser’s perspective, it works. One constituent told me last month that she was dropping harassment charges because there was a good chance that her abuser would gain access to her mental health files because he had chosen to represent himself. She could not bear the thought of him reading, and being gratified by, such intimate and personal information. Another told me that she simply could not face another cross-examination by her convicted abuser. She had been medicated in order to endure her last experience, and the recovery from it took weeks. She told me that if he tried again, she would capitulate and give him whatever he demanded simply to avoid the experience. She said:

“I simply do not have it in me to survive another cross examination”.

If there is one example that sums up the sheer horror of abuse and its continuation in the family court, it is that of Jane Clough. Jane was in an abusive and violent relationship until she finally took action and went to the police. Her ex-partner, Jonathan Vass, appeared in court charged with nine counts of rape, one of sexual assault and three counts of common assault. Some of this had taken place while Jane was heavily pregnant with his child. Inexplicably, Judge Simon Newell decided that Vass was not a threat and freed him on bail.

Jane lived in so much fear that she moved in with her parents for comfort and protection. Vass eventually found out where Jane was working and, in July 2010, he attacked her as she headed home from work. He stabbed her 19 times and then slashed her throat—wounds from which she died. The next day, he was arrested approaching Jane’s parents’ home. He was on his way to murder either his baby child or Jane’s parents, or both.

I have had the honour of talking to Jane’s parents and sister. They are a family whose grace and dignity shine above the horror they have endured. However, there is more to this terrible episode and they are desperate for people to hear about it and learn from it. Once in prison, Vass began demanding parental rights over his child. This was the child whose mother he had beaten and murdered, and the child he would, in all likelihood, have murdered if only he had had the opportunity. None of us can imagine the pain this caused Jane’s family, but it gets worse still.

Jane’s sister began adoption proceedings in order to break the link with Vass. From that moment onwards, the family experienced a legal system that was stacked in his favour, rather than the baby he had tried to kill. Without access to financial support or legal aid, the family had to find separate representation for the baby and the rest of the family. Had a legal firm not donated pro bono representation, they would have had to sell their house to cover the costs.

A five-day hearing was scheduled in the family court, and the family were informed that Vass had exercised his right to self-representation. The man who had brutally murdered their sister and daughter would be cross-examining them. Jane’s sister told me that she simply cannot find the words to do justice to the brutalising effect this had on her as the court date approached. On the day of the hearing, they were informed that he would be appearing by video link, but they were stunned to discover that this was because of concerns for his safety and had nothing at all to do with the wellbeing of the family. As Jane’s sister told me,

“It was so shocking. It was all about him—what was best for him, how best to protect his rights. Nothing was balanced against our rights.”

During the cross-examination, Vass asked personal questions of the family members. He asked Jane’s sister, in reference to the baby,

“What will you tell her about me?”.

He asked her husband:

“What makes you think you can be a dad to my daughter?”.

The trauma meted out by the family court process is simply inhuman. This family had suffered enough.

The family have asked me to pass on their thanks to two advocates who have made a difference to them during and since these terrible events. The first is Dame Louise Casey who, as Victims Commissioner, learned from their experiences and took steps towards greater recognition for victims in the family court. The second is my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who joins us here today. As Director of Public Prosecutions, he got to know the family well and they speak in the highest possible terms of him and his advocacy for them.

Progress has been made, but it has been glacial. We have not seen the transformation that is desperately needed. The abuse and brutalisation of women and families is being perpetuated via our legal system. To abusers, the family court is simply another tool through which to extend their hate, their violence and their control of extremely vulnerable women—exactly the kind of people the state exists to protect. Every day that these practices are allowed to continue, shame is heaped on our system of justice, on this House and on our Government, because we have the power to stop this happening and yet it continues.

Policing and Crime Bill

Peter Kyle Excerpts
Report stage: House of Commons
Tuesday 26th April 2016

(8 years ago)

Commons Chamber
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Gerald Jones Portrait Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
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According to the National Audit Office, police forces saw their funding from central Government fall by 25% in the previous Parliament. The Chancellor and the Home Secretary have been rebuked by the statistics watchdog for claiming in the November spending review that police funding would be protected in this Parliament. As my hon. Friend the shadow Policing Minister said, Sir Andrew Dilnot, chair of the UK Statistics Authority, noted that the budgets would be cut by £160 million in real terms between 2015-16 and 2016-17. The result is that 18,000 officers have been cut by this Government, 12,000 from the frontline. This has led to police forces being overstretched and struggling with the challenges that they face. In many areas, specialist teams are stretched, and sometimes being merged, leading to even more pressure on the frontline.

I oppose the Government’s attempts in this Bill to plug the holes that they have created in the workforce with volunteers. I recognise the excellent work done by special constables, as highlighted by many right hon. and hon. Members. Some weeks ago, I had the privilege of spending some night shifts with the Lambeth division as part of the police service parliamentary scheme. I was absolutely impressed by the dedication, commitment and professionalism of all the specials I met in having to deal with fighting, robbery, assault and a range of all sorts of offences during those shifts. For many years, my own father was a special constable in south Wales, so I absolutely appreciate the role played within the policing family by special constables, as well as the other volunteers who work to support the police through neighbourhood watch, police and crime panels, and a range of other roles. However, there is a big difference between volunteers bringing additionality to the police workforce and volunteers acting as replacements for paid police staff.

One of the most concerning results of police cuts has been the reduction of in the number of neighbourhood policing teams. Under the Labour Government, we saw significant investment in local policing teams. That had a really positive impact in reducing crime, building rapport with local communities, and raising awareness and visibility. Sadly, we are witnessing the loss of local neighbourhood policing, and that is a huge backward step.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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My hon. Friend is making an incredibly powerful point about the importance of neighbourhood and community policing. Does he agree that the other important aspect is stability for our economy? Increasingly, particularly in constituencies such as mine in the far south of England, high numbers of self-employed people are working at home and therefore need stability in order to boost our economy and retain economic growth within the community where a lot of our economic activity now takes place. It is not just about personal harm; it is about economic stability as well.

Gerald Jones Portrait Gerald Jones
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My hon. Friend makes a good point that I fully agree with. Unfortunately, across the country we are seeing the loss of the neighbourhood policing that has grown over the past 10 or15 years or so. That is a very retrograde step.

Oral Answers to Questions

Peter Kyle Excerpts
Tuesday 8th March 2016

(8 years, 2 months ago)

Commons Chamber
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Michael Gove Portrait Michael Gove
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The fact that it is my hon. Friend’s birthday in June means that I am looking forward to celebrating two significant anniversaries in that month. His substantive point is actually very important, because even though instances are still mercifully rare, there is a real danger that drones can be used to smuggle contraband into prisons: mobile phones that can be used in criminal activity; and drugs that can be used in unfortunate ways. That is why we have introduced new legislation to make it illegal to land a drone in a prison or to use a drone to drop contraband.

Peter Kyle Portrait Peter Kyle (Hove) (Lab)
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Last month, the Prime Minister announced that prison governors would have far more autonomy to start tackling these issues in prisons, based on the academy model for schools. As the Secretary of State will know from his previous job, the lesson of academy schools is that more autonomy must be matched by stronger local governance. Can he reassure us that governors who do have more independence will have a stronger local governance arrangement to match it?

Michael Gove Portrait Michael Gove
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The hon. Gentleman makes a characteristically acute and intelligent point, and I absolutely agree that with greater autonomy must come sharper accountability. In the first six reform prisons that we are going to establish, which will model, in some respects, the freedoms that academy schools have, we are exploring exactly how we can ensure both that the local community is appropriately involved and that accountability measures ensure that areas such as mental health and substance abuse are tackled effectively.