Oral Answers to Questions Debate

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Department: Ministry of Justice

Oral Answers to Questions

Valerie Vaz Excerpts
Tuesday 4th February 2014

(10 years, 9 months ago)

Commons Chamber
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Simon Hughes Portrait Simon Hughes
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That issue is very important and well understood. Under the Children and Families Bill, which is currently going through Parliament, there will be a requirement that people consider whether mediation is appropriate. We are clear that in domestic abuse cases, it absolutely may not be appropriate, and there will be no requirement of mediation in cases in which it would be to the disadvantage of either party or to the children of the family.

Valerie Vaz Portrait Valerie Vaz (Walsall South) (Lab)
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17. What guarantee can the Minister give that both parties will have access to legal advice before and during mediation?

Simon Hughes Portrait Simon Hughes
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At the moment, legal advice and legal aid cover mediation. Someone does not necessarily need legal advice to go into the process, although the mediators may recommend that they need legal advice, which will be available in a legally aided way. It is often necessary to have lawyers involved to draw up the agreement that the mediators have reached, and that will also be publicly fundable by the legal aid service if someone is within the eligibility limits.