Parental Alienation

Simon Danczuk Excerpts
Wednesday 15th March 2017

(7 years, 2 months ago)

Commons Chamber
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Simon Danczuk Portrait Simon Danczuk (Rochdale) (Ind)
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I have spent much of my time in this place investigating and exposing allegations of child sexual abuse. Politicians, the media and the state were too slow to highlight such abuse.

Parental alienation is another form of child abuse that has gone both unreported and under-discussed. Such abuse is not properly recognised by the United Kingdom Government. While Westminster remains silent on the issue, parents and children suffer. The Government and the courts need to recognise parental alienation as a form of emotional abuse, and as such they need to step up efforts to prevent it and, in some circumstances, punish perpetrators.

Sadly, parental alienation is rarely talked about in Parliament. I do not believe there has previously been a debate on it in this place, and only eight questions have been asked about it since I entered the House in 2010. I hope to use this debate to raise awareness and start a discussion about parental alienation.

I attest that I come to this topic not as an expert in the subject but as someone with experience of parental alienation. My mother could be accused of such a thing. When my parents separated when I was five, my mother portrayed my father, perhaps on occasion faithfully, in a very poor light. By contrast, my father would refuse to say anything bad about my mother.

I have some experience that I think is worth sharing but, for those who do not have first-hand experience of parental alienation, I will explain what is meant by the term. Parental alienation is the deliberate manipulation of a child by one parent against the other parent. Often it occurs after a couple have separated. According to the Children and Family Court Advisory and Support Service, parental alienation is responsible for some 80% of the most difficult cases that come before the family courts. CAFCASS also estimates that 5% of children involved in divorce or separation will experience some level of parental alienation. However, that figure seems incredibly low for what I believe to be a more widespread problem.

Despite those shocking statistics, the United Kingdom lags behind many other countries across the world in addressing the issue. Parental alienation is not recognised in the lower courts and, although the higher courts acknowledge that parental alienation occurs, many family rights campaigners feel the courts do nothing about it. Although there have been small steps in the right direction, progress in the UK has been far too slow.

In part, the controversy is down to parental alienation syndrome, a hotly contested psychological condition. The syndrome is not recognised by the World Health Organisation and has been tossed out by some child abuse experts as “junk science.” I will not get into the nitty-gritty of that psychological debate, which is for specialists to discuss, but it does not matter whether we label parental alienation as a syndrome, because it is still a problem for families.

Suella Braverman Portrait Suella Fernandes (Fareham) (Con)
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I thank the hon. Gentleman for his explanation of the issue. Does he agree with Mr Justice Munby, as he then was—he is now president of the family division of the High Court and has judged many family cases involving contact disputes—that the cause of these problems is delay in the court system, the failure of the courts to challenge groundless allegations against non-resident fathers and the failure of the courts to get to grips with defiance of contact orders and child arrangement orders and to properly enforce against breach? Does he agree that that is the core of some of the problems?

Simon Danczuk Portrait Simon Danczuk
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I thank the hon. Lady for her intervention, and I know that she has good knowledge of these issues from her time before coming to this place. She makes an extremely good point, which adds to the discussion and debate that I hope we will continue to have on this issue.

I am sure we would all agree that it is not normal for a child, in a short space of time, to go from loving a parent to seeing them as an object of hate. As Dr Amy Baker, a developmental psychologist who has written extensively on parental alienation, has said:

“Children do not typically reject a parent, even a relatively bad one, unless they have been manipulated to do so.”

Manipulation can take various forms, and some acts may even be unconscious. For example, if a mother is anxious about their child going to visit their father, the child may pick up on that and begin, for perhaps no other reason, to worry themselves. The odd comment in front of the children about the other parent’s financial situation or inability to stick with plans is another mild form of parental alienation. Although such actions are unlikely to have a serious impact, it is none the less worth keeping in mind that children are very impressionable and that parents must watch what they say around them.

In more destructive cases, the manipulation takes a very nasty form. The manipulator can poison the child’s mind with biased accounts of why the marriage failed or the unpleasant details of the divorce settlement. In the most severe circumstances, a parent may restrict access time to the other parent so that a proper relationship cannot be maintained. That type of parental behaviour can result in the child being uncharacteristically rude to the target parent, refusing to see them and even making serious but false allegations against their mum or dad; often it is carried out by parents seeking revenge against their former partner, with the children maliciously used as a weapon in the battle.

For the target parent the sense of loss and pain can be unimaginable. For the children, who are innocent bystanders, the effects in the present and the long term can only be negative. We know from evidence that bad relationships within families are bad for child development. Separation already has its difficulties, but if it is marred by manipulation and hostility, that will undoubtedly impair a child’s mental health, emotional wellbeing and academic attainment. Indeed, it is likely that a child who is manipulated against one of their parents will engage in such practices when they grow up and have children of their own. I must say that I have had to work at avoiding being negative in conversation with my two youngest children since my second marriage broke down. Thankfully, my second wife Karen and I, for all our differences, work really hard at putting our children’s emotions first. That is down to good and regular communication, but I can understand how a parent can slip into the milder forms of parental alienation, which highlights the need to raise awareness.

Since this debate was announced, I have received a number of emails from victims of parental alienation, and I am sure that after this evening I will receive more. Of course, it would be unwise to take those accounts completely at face value, as cases are often complex and there are always two sides to any story. However, I can believe that many of the tales that have been recounted are experienced by many parents up and down the country. Last month, when I tweeted an article about parental alienation, I was surprised by the response I received. This is an issue that most people outside Westminster are aware of, although they may well not use the term “parental alienation”. A few of those who got in touch said that they would be watching this debate, and I would like to thank them for sharing their experiences and urge them to share them with their Member of Parliament.

I would like to make a few observations before I share some of the more high-profile cases that have been reported on. First, many fathers’ rights campaign groups have rightly been campaigning on this issue for many years—understandably so, given the trauma that many fathers have to go through to gain access to their children after separation. However, it is important to note that mothers can be the victims of parental alienation as well as the perpetrators. Additionally, the manipulation may not come from the parent who has custody over the child—indeed, a mother or father who sees their child only at weekends could use that limited contact time to poison the mind of their child.

We know that the problem affects many families, so it is surprising that there are so few documented accounts. Last year, the BBC’s “Victoria Derbyshire” show highlighted the case of a girl whose father manipulated her against her mother. Emma—not her real name—went to live with her dad two years after her parents separated. He deliberately blocked her and her siblings from seeing their mother. In front of the children, the father blamed the mother for the breakdown of the family. He told them that their mother was a liar and a drunk, and that she was not interested in seeing them and no longer loved them. Emma was subject to this abuse for five years, but was none the wiser. As she told the BBC:

“With me only being nine, to the age of twelve, I didn’t know”

better. Emma’s father blocked her attempts to see her mother, until she eventually ran away. She managed to reach her aunt’s home and call her mum for the first time in years. She now lives with her mother and has cut all ties with her father, and she questions how he can look after children.

Although the children are often unaware of the abuse they are being subjected to, the parent being vilified is all too aware. The case of Miriam—again, not her real name—highlights the suffering experienced by such a parent. Her case is particularly harrowing given the serious sexual allegations made against her by her son, after her ex-husband told her that she would never see her child again. Miriam denied the accusations and they have since been dismissed by the court, yet she did not see her son for 592 days, and he will now consent to seeing her only under supervision, every six weeks. She is losing hope that she will ever have a meaningful relationship with her child again. She told The Guardian:

“My son has been so severely manipulated by his father that it may not be until he has his own children that he comes back to me.”

I know of one mother who had her children steal jewellery and underwear from the separated father’s home. She encouraged them to write graffiti at his house, and even had them put hair removal cream in his shampoo bottles. Those are some of the more extreme examples of parental alienation.

What can we do going forward? It seems that there is a lack of information out there about parental alienation in the United Kingdom, so there needs to be further investigation. Parental alienation needs greater recognition by the UK Government, and the family courts need to record it as a specific issue. Without data about the scale of the problem, it is difficult to recommend a solution, let alone monitor the impact of any measures the Government might decide to introduce. When considering the matter, the Government should consider a variety of measures ranging from investing in initiatives to prevent or stop this form of abuse in its early stages to programmes to support victims, as well as changes in legislation to ensure that in the most extreme circumstances parents who abuse their children in this way are punished.

Investment in early prevention efforts must be prioritised, and better guidance must be given to courts, social workers and all those who have children under their duty of care. The Government have already funded a CAFCASS pilot scheme to provide therapeutic programmes relating to parental alienation. I am keen to hear from the Minister how that pilot went and whether the Government plan to continue and expand the programme. I urge the Government to take on board the concerns of Joanna Abrahams, the head of family law at Setfords Solicitors, who has expressed concerns that cuts to legal aid will prevent parents from accessing justice on this issue.

Parental alienation is recognised in the US and Canada, it is illegal in Brazil and Mexico, and in Italy parents who manipulate their child can be fined. It is worth the Government exploring different models such as those to see how best practice can be adopted here in the UK; I hope the Minister will liaise with his counterparts in those countries.

Parental alienation has a serious impact on our children. It is a crying shame that this form of child abuse all too often goes unrecognised and unreported. Parental alienation warrants further debate in Parliament, and we then need the Government to take further action. One of the most immediate and simplest ways in which we can improve the situation is to raise awareness and make both parents conscious of the damage that parental alienation can do to their children. We can all help to raise awareness by doing more next month on 25 April, when we mark Parental Alienation Awareness Day.

Oral Answers to Questions

Simon Danczuk Excerpts
Tuesday 7th March 2017

(7 years, 2 months ago)

Commons Chamber
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Sam Gyimah Portrait Mr Gyimah
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No. As I said in my answer to a previous question, the matter of Prison Service pay will be decided nationally. The independent pay review body will also submit evidence throughout this year. That will still be the case where we have governor freedoms, but, in giving governors their budgets, they will be able to decide on the mix of staff and how to deploy them.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Ind)
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19. What proportion of legal aid is allocated to cases of foreign nationals convicted in the UK who are appealing against deportation.

Oliver Heald Portrait The Minister for Courts and Justice (Sir Oliver Heald)
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It is not possible to isolate cases of that type using the data recorded by the Legal Aid Agency.

Simon Danczuk Portrait Simon Danczuk
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Just as McCloskey condemned lawyers from Burton & Burton, which represented members of the Rochdale grooming gang, for gaming the system, he also said that Government should investigate that and other examples. What steps is the Minister taking to look at the bad use of legal aid?

Oliver Heald Portrait Sir Oliver Heald
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As the hon. Gentleman may know, the Legal Aid Agency does investigate cases that are brought to its attention, and there have been recent examples where contracts have been removed. It is also important to make the point that, even where there is the possibility of legal aid and representation for foreign national offenders, it is limited to cases involving the refugee convention or articles 2 or 3.

Foreign National Offenders

Simon Danczuk Excerpts
Tuesday 29th November 2016

(7 years, 5 months ago)

Westminster Hall
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Simon Danczuk Portrait Simon Danczuk (Rochdale) (Ind)
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Will the hon. Gentleman give way?

Keith Vaz Portrait Keith Vaz
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Will the hon. Gentleman give way?

Philip Hollobone Portrait Mr Hollobone
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I will be delighted to give way to both Members, but I feel I should give way to Rochdale first.

Simon Danczuk Portrait Simon Danczuk
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I thank the hon. Gentleman, not least for securing what is a very important debate. He mentioned Pakistan. People will remember Shabir Ahmed who is serving more than 40 years for raping dozens of children as part of the Rochdale grooming gang. Does the hon. Gentleman agree that he should be deported to Pakistan to see what he thinks of prison there?

Philip Hollobone Portrait Mr Hollobone
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That is a very sensible suggestion. I am not aware of all the details of the horrific crimes that that unpleasant gentleman has committed, but I do not see why British taxpayers should pay for him to be in prison—Pakistani taxpayers should. In fact, I would go further. I take the view that if a foreign national in this country commits a crime for which they are potentially imprisonable, they should be deported and banned from ever returning, whether they are in prison or not.

--- Later in debate ---
Sam Gyimah Portrait Mr Gyimah
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I can confirm that I have met the Minister for Immigration twice in the past two months. He has the levers to remove people. I met him only this week. We have widened the meeting to include Ministers from the Foreign Office and the Department for International Development. We have got an ambitious programme and clear actions to take forward. We have agreed to meet as often as possible to give the issue the ministerial attention it deserves. In addition, we are making sure that when other Government Ministers meet Ministers in countries with which we have a concern about foreign nationals, this issue is included as a top priority in their briefing pack to raise with and get feedback from Ministers of those Governments, so that we can act on that.

Simon Danczuk Portrait Simon Danczuk
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Will the Minister do all that he can to ensure that Shabir Ahmed is deported to a prison in Pakistan?

Oral Answers to Questions

Simon Danczuk Excerpts
Tuesday 12th November 2013

(10 years, 6 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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I can certainly do that. If the hon. Gentleman would like to write to me with his specific concerns, I will take a look at them.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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10. What assessment he has made of the prevalence of mishandling by the Law Society of complaints against solicitors.

Shailesh Vara Portrait The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
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The Law Society is one of 10 approved regulators for which the Legal Services Board has oversight responsibility. It is independent of the Government. The Solicitors Regulation Authority is responsible for investigating alleged breaches of its conduct principles.

Simon Danczuk Portrait Simon Danczuk
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I raise this question because my constituent Paul Cowdrey now risks losing his home because the Law Society advised him that if he raised his complaint he would not be liable for costs. He has now been ordered to pay more than £100,000 to the solicitor whom he complained about. The Solicitors Regulation Authority condemned the solicitor’s actions as morally reprehensible, but claimed it was unable to take action. Does the Minister agree that a regulator that is unable to prevent solicitors from abusing their position is not fit for purpose, and will he investigate this case on behalf of my constituent?

Shailesh Vara Portrait Mr Vara
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I am well aware that this is an ongoing case about which the hon. Gentleman corresponded with my predecessor. However, the legal regulators and the legal ombudsman are independent of the Government and neither the Justice Secretary nor any of his Ministers have the power to intervene and it would be inappropriate for us to do so in any individual case. The hon. Gentleman’s constituent, Mr Cowdrey, needs to take independent legal advice.

Anti-social Behaviour, Crime and Policing Bill

Simon Danczuk Excerpts
Monday 14th October 2013

(10 years, 7 months ago)

Commons Chamber
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Julian Huppert Portrait Dr Huppert
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I agree factually with the hon. Gentleman, but I do not want to dwell on that, because it detracts from the excellent work that has been done by the hon. Member for Oxford West and Abingdon and so many others.

Questions still need to be answered for us to understand the details and the guidance, as the hon. Lady said. That is critical. I listened carefully to her comments about the idea that not everyone subject to an order could be jailed, but I would hope that that would be the principal aim. I think we would all like people who abuse children or vulnerable adults to go to jail, rather than receive a civil order. The gap between the two should be closed as much as possible.

I am concerned that there will still be strange applications. The case of Simon Walsh was interesting—it was surprising that it was brought in the first place— and he was eventually found not guilty, but I think he might have been caught by new clause 5, so I remain concerned about how we can avoid that happening when people have been found explicitly not guilty. I think we will have a chance to look at that and clarify the details.

Finally, I accept new clause 5 and have no problems with it becoming part of the Bill. I congratulate the hon. Lady on tabling it and the Minister on accepting it. One of my key findings during the Home Affairs Committee inquiry was that, yes, there is room for legislative change, but the vast majority of the problem was caused by organisational failures and by people not trusting or listening to young people—a series of things that will not be fixed by legislation. We must not delude ourselves that passing a law that makes certain behaviour illegal and that implements orders will, in and of itself, make the difference needed.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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I am sorry that I was not able to be here for the beginning of the debate; unfortunately, I had Select Committee business. I have no doubt that I would have enjoyed the contributions, particularly the alleged verbal attack on the Liberal Democrats.

I want to discuss two things: first, the great contribution made by the hon. Member for Oxford West and Abingdon (Nicola Blackwood), and, secondly, the Government’s proposals on sexual predators and the use of the orders to prevent such behaviour.

I pay tribute to the hon. Lady for her exceptionally good campaign. Members will be aware of what has become known as the Rochdale grooming scandal. The Home Affairs Committee did excellent work on that and other cases of on-street grooming. My hon. Friend the Member for Stockport (Ann Coffey) has also done much to raise concerns about such issues. The campaign run by the hon. Member for Oxford West and Abingdon has been second to none, and that is a credit to her. It will play an important part—this should not be underestimated—in helping to protect young people from sexual predators, such as those we have seen not just in Rochdale, Oxford and Rotherham, but in many other towns and cities across the country.

I am pleased with and welcome the Government’s proposals, which consolidate and strengthen the provisions put in place by the previous Labour Government. Had the orders been in place some years ago, I am convinced that, had agencies such as Greater Manchester police used them, they would have stopped a lot of the abuse that occurred in Rochdale. We now know that there was a failure by Rochdale council social services and its exceptionally unhealthy culture at the time.

Keith Vaz Portrait Keith Vaz
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My hon. Friend was one of the most vocal in the criticisms of the way in which Rochdale council operated. Is he satisfied that the council understands the seriousness of the situation and that, under its new chief executive, it is putting in place the proper processes to make sure that the situation is monitored? It cannot stop it happening again, but is my hon. Friend satisfied that things have changed for the better?

Simon Danczuk Portrait Simon Danczuk
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I appreciate my right hon. Friend’s intervention. I am more satisfied than ever that Rochdale council is playing its part in tackling on-street grooming.

It is important to note that we still await the serious case review on Rochdale. I would think that it is imminent, so it should be available in the next month or two. I think it will raise questions—not much light has been cast on this—about the performance of Greater Manchester police and whether it acted effectively enough in terms of intervening. I suspect that the serious case review will show some failings in that regard. That relates to the proposals under discussion because, had they been in place at the time, not only would the tools have been available to the police, but an emphasis would have been placed on their need to use them.

Baroness Blackwood of North Oxford Portrait Nicola Blackwood
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I am grateful to the hon. Gentleman for his kind words. To pick up on the point made by the hon. Member for Cambridge (Dr Huppert), the orders are welcome and will allow police forces to intervene earlier, but they must sit within a wider strategy of prevention and prosecution if we are to have any hope of genuinely tackling child sexual exploitation in the long term.

Simon Danczuk Portrait Simon Danczuk
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I completely agree. Much of this is about not just the tools available, but the culture in the local agencies, whether they be the council, the Crown Prosecution Service, the police or the NHS and its primary care services.

Finally, I welcome the proposals. This is Parliament at its best. We are amending existing legislation, not creating something completely new. This is about listening to the concerns of Back Benchers and their campaigns, and about getting cross-party support, which I welcome.

Damian Green Portrait Damian Green
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I thank hon. Members from all parties, not just for their universal support for the measures, but for the sensitive and sensible tone with which they have conducted the debate. My hon. Friend the Member for Oxford West and Abingdon (Nicola Blackwood) will by now be blushing because of the amount of praise she has received. She should note that it has not been conventional praise—it is not a case of the House being conventionally polite—but that everyone, from all parties, really means it. She and the charities she has rightly mentioned have conducted an exemplary campaign on an issue of great contemporary importance. It is a subject that a few people have cared about hugely for ages, and now the whole country understands the important and urgent need to take effective action, which is precisely what we are seeking to do.

Oral Answers to Questions

Simon Danczuk Excerpts
Tuesday 8th October 2013

(10 years, 7 months ago)

Commons Chamber
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Shailesh Vara Portrait Mr Vara
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A huge number of reforms are being put in place. With regard to rogue bailiffs, we have put in place a number of remedies. For example, if there is a debt to a local authority, there is recourse to the local authority’s ombudsman. Bailiffs’ certificates can be taken away and it is a criminal offence for a bailiff to operate without a certificate. Moreover, the goods that have been confiscated can be returned. So a number of measures are in place to ensure rogue bailiffs do not operate.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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20. Whether he has any further plans to reduce the number of courts in England and Wales.

John Bercow Portrait Mr Speaker
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Questions are something like buses; none for a while, then two at once.

Shailesh Vara Portrait The Parliamentary Under-Secretary of State for Justice (Mr Shailesh Vara)
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Very much so, Mr Speaker. I am happy to say that performance is the best it has ever been, against a background of increasing work load. The Office of the Public Guardian is also currently undertaking a review of its supervision function in order to ensure it can continue to safeguard vulnerable adults and deal with work load.

Simon Danczuk Portrait Simon Danczuk
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I am obviously concerned about the number of magistrates courts that have been closed since this Government came to power. Rochdale magistrates court has remained empty since the Government decided to close it over two years ago. How much is it costing to keep courts empty, and why do the Government not simply donate Rochdale court to the people of Rochdale for community use?

Shailesh Vara Portrait Mr Vara
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We are moving to the disposal of assets gradually, but it does take time.

Oral Answers to Questions

Simon Danczuk Excerpts
Tuesday 19th March 2013

(11 years, 2 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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I can give my right hon. Friend, and indeed the House, a clear assurance that this Government will go further than any Government in ensuring that the House is involved in the decisions that are taken, and that as we reach agreement within the coalition on the way forward, we will need fully to engage Parliament, his Committee and, indeed, all the Committees with a vested interest in the matter, so that they are able to express a proper view on it.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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7. What his Department’s policy is on victims of crime.

Helen Grant Portrait The Parliamentary Under-Secretary of State for Justice (Mrs Helen Grant)
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For many years now, victims have felt completely overlooked and unsupported by the criminal justice system. As victims Minister, I am determined to put that right. That is why we are implementing a range of reforms that will put victims at the very heart of the criminal justice system, which is where they belong.

Simon Danczuk Portrait Simon Danczuk
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Two weeks ago, The Sunday Times revealed that investigations of sexual abuse in Rochdale are faltering because police are failing to win the trust of victims. Does the Minister believe that a higher conviction rate would be achieved against the predators if Greater Manchester police had more officers with better skills for supporting vulnerable victims?

Helen Grant Portrait Mrs Grant
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I cannot comment on individual cases, especially those that are at a sensitive point in the investigation, but I can assure the House and the hon. Gentleman that the Government are committed to bringing forward changes that will help to support victims of sexual abuse at every stage of the criminal investigation.

Criminal Justice System

Simon Danczuk Excerpts
Wednesday 17th October 2012

(11 years, 7 months ago)

Westminster Hall
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Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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I want to share my knowledge of the Rochdale grooming case and, in particular, talk about an aspect that has not come to light or been much discussed: what one might term, the criminalisation of sexually exploited girls. The Howard League for Penal Reform recently produced a detailed report on that very issue, involving research by Professor Jo Phoenix of Durham university, entitled “Out of Place”. Soon after the Rochdale trial, I met a range of people involved in the case, including the victims. It became apparent that at least some of the victims had committed crimes that were clearly a response to the abuse that they had received—a cry for help.

Girl A in the Rochdale case described to me how on one occasion she tried smashing up a vending machine in one of the takeaways in which she had been repeatedly raped. The perpetrators of the rape had no hesitation in phoning the police, who attended and arrested the girl. It was during police questioning about smashing up the vending machine that she explained that she had been sexually exploited. It is the episode that people might remember; the police officer interviewing her yawned throughout the interview, as though he was not interested in what he was being told. It was at that stage that the girl’s parents first learnt about the abuse that she had received. That was in 2008, and we now know that no prosecutions, either of the girl or the perpetrators, took place and that the abuse continued for another two years.

From that incident and others, we also know that the perpetrators of those horrific crimes were emboldened to continue the abuse. As, I am sure, they saw it, they were being left alone to continue raping girls. Indeed, if the girls stepped out of line and committed crimes against them, the perpetrators felt emboldened enough to report it to the police. I was told of an incident in which one of the victims smashed up a taxi of a perpetrator, and she, too, was arrested.

I press the Minister to review the cases in which the victims were prosecuted, and possibly revoke some of the action taken against them. I shall conclude with an important point: in such cases, children must always be treated as victims, never as willing participants, and certainly never as criminals.

Legal Aid, Sentencing and Punishment of Offenders Bill

Simon Danczuk Excerpts
Tuesday 24th April 2012

(12 years ago)

Commons Chamber
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Robert Buckland Portrait Mr Robert Buckland (South Swindon) (Con)
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I welcome the Government’s concession and amendment on mesothelioma. This issue vexed many of us last week. The original amendment was somewhat wider, in that it related to respiratory diseases in general, and that caused a lot of us pause for thought. The new amendment is appropriate, however, as it deals specifically with this deadly condition. It reflects the will of both this House and the House of Lords. It promises a proper review and a report at the end of that. It has also been introduced in recognition of the fact that there is a genuine sense of urgency as many mesothelioma sufferers —including constituents of mine in Swindon, which, like many other industrial towns, has a proud heritage but also, sadly, a deadly legacy in the form of this awful disease—do not have time on their side. That is why this is an exceptional case. That is why in this instance, in which a House of Lords decision has put causation beyond any doubt, we are dealing with a particularly unusual set of circumstances.

It has already been observed that lawyers charging success fees need to take care to ask themselves questions in cases where causation is not part of the equation, and where, frankly, the argument is first about making sure all the facts are marshalled so the evidence can be put in train to prove liability and, secondly, about questions of quantum. As those matters do not involve complex issues of law, lawyers should ask what sums it is appropriate for them to charge their clients.

As I have said, there is also, necessarily, a sense of urgency in these cases. We must create a system that will allow for a more speedy resolution of mesothelioma cases. In particular, we must address the issue of the traceability of insurers of former employers as that is often a challenge for mesothelioma sufferers and those representing them. Mention has been made of the Motor Insurers Bureau. Many accidents are caused by uninsured drivers who then go on their way. It can be difficult to trace them, but victims can claim from that bureau, which is funded by the insurers, in a civil court. I know all Members would like to see a similar scheme adopted in the months ahead, and the Government have made a welcome early concession that they will report back on that before the summer recess.

We have had debates in Committee, the House and another place about domestic violence, and the Government are to be commended on the progress made on that. I reiterate that it would be better to put the criteria for the assessment of evidence in regulations rather than in the Bill, as it is patently clear that regulations can be amended more swiftly. If there are genuine injustices as a result of the operation of the new rules, regulations can be amended by negative or affirmative procedure. They provide a far more flexible way of dealing with the challenges ahead than primary legislation. For those reasons, I am happy to support the Government on the vexed issue of the domestic violence criteria.

It has been a long journey; this Bill has taken a considerable amount of my time and that of everybody else who has taken a keen interest in legal aid. Some extraordinarily important debates have taken place, and I pay tribute to all Members in this House and in the House of Lords for engaging in a very constructive, important and challenging set of debates as the Bill has proceeded. It is now coming to the last stage, and I am glad that the Government have, in many respects, listened, adapted their position and made appropriate concessions.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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I wish to say a few words about the Government amendment. I hope that it means that the Government will come up with a satisfactory system by which mesothelioma sufferers can be fully compensated, without them or their families being robbed of the compensation they receive and so richly deserve.

Hon. Members may well be aware that, in years gone by, Rochdale was home to the world’s largest asbestos factory, so this is a massive issue for my constituents. It is fair to say that they suffer from the connections that they have had with asbestos over many years. Just last Saturday, I was knocking on doors in my constituency, as I do every weekend, and I called upon a lady in Littleborough, Mrs Beryl Greenwood, who told me about her experience with this disease. She had been married to her husband, Kenneth, for many years, and he had contracted the disease from having worked as a welder on the railways. He had worn asbestos gloves at that time and, no surprise, he passed away a couple of years ago. I suppose the good news is that she was served well by solicitors; she and her family received a fair amount of compensation and were treated reasonably. She told me that the issue was that none of that compensation will ever bring back her husband, whom she loved dearly. The point I am getting to is that the Government now need to amend this Bill—we are asking them to be genuine in this—so that the people and the families who suffer from this terrible disease are treated fairly, responsibly and respectfully.

Andrew Bingham Portrait Andrew Bingham (High Peak) (Con)
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I do not intend to detain the House for long, because I am aware that plenty of other hon. Members wish to speak. I just wish to add my voice to those thanking the Government and the Ministers for their concession on this matter. My constituency is very rural but, like the constituency of the hon. Member for Rochdale (Simon Danczuk), it contains a large asbestos-related industry. That industry was born and based in High Peak, so my constituency has a higher level of mesothelioma than the national average. The Government’s movement on this issue is to be commended. Last week, I, along with one or two of my hon. Friends, voted in the Opposition Lobby on this matter. I subsequently received an e-mail from a constituent telling me that he was actually proud of his MP—he said that this does not happen very often.

I pay tribute to my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), because she has driven this through, along with the right hon. Member for Wythenshawe and Sale East (Paul Goggins) and those in the other place. I welcome the amendment in lieu and am particularly pleased to see that a report will be published on the conclusions of the review. That gives me great confidence that the review will be meaningful and searching, and will come forward with something that all of us across the House can support when the day comes. I look forward to that report.

Prisons Competition

Simon Danczuk Excerpts
Thursday 31st March 2011

(13 years, 1 month ago)

Commons Chamber
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Lord Clarke of Nottingham Portrait Mr Clarke
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My right hon. Friend is right. There are two major voluntary parties with which the provider at Doncaster proposes to be in contact, but their names escape me—one is called Catch22 and the other is something else—and there will be local voluntary and charity groups subcontracted below them. Serco will manage the prison and will be the principal contractor, but the delivery that it hopes to achieve will be effected by subcontractors. I have emphasised to those who have attended seminars on this subject that I hope that the operator will deal responsibly with the small local contractors. Serco is entitled to use its bargaining power when negotiating with the representatives of Government to get the best deal it can, but I hope that it will not overdo it when dealing with smaller voluntary and charitable bodies that are also entitled to expect to boost their funds if they deliver the results required.

Simon Danczuk Portrait Simon Danczuk (Rochdale) (Lab)
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It is important to put on the record the fact that my constituents and staff at Buckley Hall prison in my constituency have been concerned about the process, but I am sure that they will appreciate the stability that should now be provided. The reason why I raise this matter is that, as the Secretary of State pointed out, there has been constant change at Buckley Hall prison, and I hope that this decision will provide some stability. May I have some assurance that the staff, who do an excellent job there, can now get on with that, and that there will be no redundancies at the prison?

Lord Clarke of Nottingham Portrait Mr Clarke
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I think I can give the assurances that the hon. Gentleman requires. As far as I am aware, the public sector bid did not contemplate any redundancies; I do not have that information at my fingertips, but I would be surprised if it did. The provider has won a contract, and it is now up to it to deliver that contract on the basis on which it was won; the provider cannot now backslide from what was offered. I do not think that that is likely to happen, and fortunately, the staff at Buckley Hall now have some welcome stability for the period of the contract.