Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Siobhan Baillie Excerpts
Tuesday 22nd November 2022

(2 years ago)

Commons Chamber
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Dominic Raab Portrait Dominic Raab
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I totally share the hon. Gentleman’s commitment and it is good to be able to address the issue on a cross-party basis. Earlier this year, we ran a call for evidence on SLAPPs reform. I brought that together at very short notice and the Department did an incredible job in providing specific proposals. Our proposals include a new statutory definition, an early dismissal process to strike out SLAPPs claims without merit, and cost protection for defendants in cases. I intend to introduce legislative proposals as soon as possible.

Siobhan Baillie Portrait Siobhan Baillie (Stroud) (Con)
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One issue with family court delays is that lawyers will advise their clients to get a court application in early. That is not the lawyers’ fault; they have to do the best for their clients and they know that delay is not in the best interests of the child. However, once a court application is in, parents go into a defensive crouch. Some parents refuse to negotiate until the first hearing and separated parents information programmes do not kick in until the court hearing has happened. Will my right hon. Friend confirm that Ministers in this House and in the other place are working together for family law reform to reduce court delays?

Dominic Raab Portrait Dominic Raab
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My hon. Friend is absolutely right, and I thank her for her continued campaigning on this issue. It is worth saying, first, that around 45% of the private family law case backlog is non-safeguarding, non-domestic abuse cases. It is important that those other cases go to court. In relation to the others, we are using mediation and the roll-out and promotion of a voucher scheme to support mediation. Where a reasonable solution has been the outcome of mediation, it is also important that we use cost shifting in the courts, so people cannot just double-dip or go from one to the other. If we do that, we will have the right balance between carrot and stick and, certainly, far better outcomes for children.