Domestic Violence Victims: Cross-Examination

Debate between Peter Kyle and Oliver Heald

Monday 9th January 2017 Commons Chamber

[Peter Kyle (Hove) (Lab)]

(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.

[The Minister for Courts and Justice (Sir Oliver Heald)]

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]

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.