Transparency and Accountability Bill

Stephen Twigg Excerpts

Friday 17th October 2014 Commons Chamber

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I congratulate the hon. Member for Birmingham, Yardley (John Hemming) on his wide-ranging Bill, which focuses on the important principles of openness, transparency and freedom of information. I will briefly comment on some aspects of the Bill, starting with part 1, which deals with family justice.

A sensitive balance needs to be struck between the support given to children and families in the courts and the maintenance of confidentiality where that is needed, and preventing any undue influence on proceedings by family members. The Bill makes the sensible proposal to establish a norm whereby families are offered family group conferences. It seems only fair and right that when families suffer discord, there should be an attempt to reconcile those differences and to build a family plan, agreed with the family and the Child Support Agency, that will offer a more inclusive service.

I am pleased that the Bill appreciates that child protection conferences might be necessary at times with experts only, and I welcome the requirement that families, in advance of any conferences regarding their circumstances, would be given a publication explaining the system and how it might affect them in the future. There seems to be a strong case for allowing parties to have two “friends” with them for support, advice or even advocacy purposes. Actions in the family courts can be traumatic, and we must do everything possible to ensure that people who go through the experience are given all the necessary support, while at the same time ensuring that the confidentiality of proceedings is maintained.

I particularly welcome the hon. Gentleman’s proposals to give grandparents a greater role in proceedings. He mentioned the fantastic organisation Grandparents Plus. In my constituency, I have a local group of kinship carers, based in Norris Green, which works hard to support family members other than parents who are bringing up children. These are often grandparents, and typically grandmothers. The proposals will help to give more rights and support to caring grandparents, and that is a welcome development. The broad principle that families are not simply nuclear but involve members of the extended family should be reflected in the proceedings of the family justice system, although I of course accept the need for a judge to have discretion to have the final say about a grandparent’s presence.

Let me say something about children in care. It is sensible that when children in the care of their local authority make complaints, those complaints should be considered by an independent body, and also that it should be an offence to discriminate against children in care. We must be careful to avoid unintended consequences, however. For example, in the education system, schools are now obliged to give preference to children in care—that is, to positively discriminate in their favour. That is a change that has been welcomed on both sides of the House, and we would not want to see any unintended consequences as a result of moves to outlaw discrimination against children in care.

I welcome clause 4. Taking a child away from a family for adoption is a serious matter, and it is right that when judges make that judgment—as they will sometimes have to—they set out their considered points as to why they came to such a conclusion.

Part 2 of the Bill deals with wrongdoing in court. This is a controversial and important area, for the reasons the hon. Gentleman set out. There is a case to be made for the proposals to discourage people from intimidating whistleblowers, and to publish the names of people imprisoned for contempt of court. However, the proposals need to be considered in greater detail. They require further consideration and scrutiny.

Parts 3 and 4 are especially welcome, and I shall end my speech with an observation on each. As the hon. Gentleman said, the proposals in part 3 relating to consumer complaints were developed by Which?, and I welcome the proposals giving consumers more powers as regards public services. In improving and reforming public services, it is vital that service users are at the heart of the debate.

Finally, on part 4, one of the most significant legal changes pursued by the previous Labour Government was the passage of the Freedom of Information Act, and measures that strengthen FOI legislation are very welcome. In our 2015 manifesto, we have committed ourselves to extending freedom of information to cover the delivery of public services by private companies. If taxpayers’ money is being spent, I see no reason why the same standards should not apply, whether the service is delivered publicly or under contract by the private or voluntary sectors. That is a very important principle of openness and transparency.

I have taken my five minutes so I shall conclude by once again congratulating the hon. Member for Birmingham, Yardley on his private Member’s Bill and thanking him for the opportunity to consider, albeit briefly, some very important issues.