(7 years, 1 month ago)
Commons ChamberFollowing my ten-minute rule Bill in March calling for the reform of family law, including a robust enforcement of child arrangements orders, opening up the family courts in care proceedings and updating our anachronistic divorce laws, what progress have the Government made on their family law review, which was announced in the summer?
I thank my hon. Friend for her proposals and the thought that she has put into them. The time taken to conclude public family law cases has nearly halved since 2011. We are still working through very real issues with the relevant Departments, including the Department for Education. On private law, we are committed to facilitating the settlement of far more family disputes so that we avoid families, vulnerable witnesses and sometimes victims having to go through the trauma of court proceedings.
(8 years, 7 months ago)
Commons ChamberHaving represented many innocent drivers who have been caught up in fraudulent low-velocity impact claims, I have seen how rackets are operating to exploit the low thresholds, and the technical and legal loopholes. I therefore welcome the rise in the small claims threshold. Will the Minister confirm whether there are any plans to explore reform of the standard of proof, evidential requirements and causation to make it even more difficult for such unmeritorious claims to succeed?
(8 years, 9 months ago)
Commons Chamber9. What recent discussions he has had with the Home Secretary on steps to remove foreign national offenders from UK prisons to their home countries. [R]
The Justice Secretary and the Home Secretary have regular bilateral meetings in which they discuss progress on removing foreign national offenders from UK prisons and more generally. It remains a top priority for both Departments.
The hon. Lady is absolutely right. The last Government signed the convention in 2012. We have already implemented almost all its provisions, so the purpose would be to promote it abroad. There is a specific issue, as she may know, about extraterritorial jurisdiction under article 44. We are looking carefully at how that might be addressed.
I apologise for my absence earlier, Mr Speaker. In the recent case of Kiarie and Byndloss, the Court of Appeal roundly upheld the deport first, appeal later policy, which prevents foreign national offenders from extending their leave to remain in the UK while their immigration appeals are pending—the two men in the case were convicted of serious drug offences and had leave to remain here. What assessment has my hon. Friend made of the judgment of Lord Justice Richards, which highlights the need for more clarity in the guidance given to caseworkers so that the policy can be better applied?
My hon. Friend brings considerable experience from her time as a barrister. We welcome this decision. This is an important area of policy. It is also a Home Office lead, but I can reassure her that the relevant guidance for caseworkers was updated following the decision back in October.
(9 years, 1 month ago)
Commons ChamberWe have engaged in consultation and taken a pause at this stage precisely to ensure that we work through all the different points. The hon. Gentleman mentions Scotland, and he will know that in 2014 and 2015 YouGov polling showed consistent Scottish support for a Bill of Rights to replace the Human Rights Act. On that specific question, in 2011 YouGov found that 61% of Scots wanted the UK Supreme Court and this Parliament to have the last word in this country and across Britain, rather than the European Court of Human Rights.
The article 8 right to family and private life under the Human Rights Act has been stretched to the extent that it is laughable, pitiful, and often costly and unjust. Will the Minister reassure the House that the abuse of that right will be dealt with in the consultation, to reinject proportion and to strike the right balance for fairness?
A whole range of issues will be covered in the consultation and there will be plenty of opportunity to receive and listen to views, especially on article 8. That provision has clearly created problems concerning the deportation of foreign national offenders, and I would have thought that people across the House and the United Kingdom would support our consultation on that.