argyrotsipi/train-dataset huggingface dataset:
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I am very grateful to the hon. Member for Hove (Peter Kyle) for the chance to update the House on an important issue. To put this in context, the issues at stake in family proceedings are always sensitive and often complex, and the decisions of the court can have far-reaching implications for the individuals involved. The presence of domestic abuse only exacerbates an already traumatic situation, so the Government have already taken steps to make sure that victims in the family justice system have support and protection. We have protected legal aid for individuals seeking protection from abusers. We continue to invest in the court estate to improve the physical security of family courts and the emotional support available for users. We have placed particular emphasis on training for those who work in the family justice system, making sure they understand the nature and impact of domestic abuse and that they act appropriately when they come across it However, we know that there is more to do. As the Under-Secretary of State for Justice, my hon. Friend the Member for Bracknell (Dr Lee), made clear when this was debated in Parliament on 15 September, the Government are determined to improve the family justice response to domestic abuse, and we have worked closely with judges and others to consider what additional protections may be necessary. We are particularly concerned about the fact that unrepresented perpetrators of abuse can directly cross-examine their victims in family proceedings. I want to make family court processes safer for victims so they can themselves advocate effectively and for the safety of their children. This cannot happen while a quarter of domestic violence victims face cross-examination by their abusers The Lord Chancellor has requested urgent advice on how to put an end to this practice. This sort of cross-examination is illegal in the criminal courts, and I am determined to see it banned in family courts, too. We are considering the most effective and efficient way of making that happen. That will help family courts to concentrate on the key concerns for the family and always to put the children’s interests first, which is what they are supposed to do. This work, which is being fast-tracked within the Department, is looking in particular at the provisions in the criminal law that prevent alleged perpetrators from cross-examining their alleged victims in criminal proceedings, and we are considering how we might apply similar provisions in the slightly different circumstances of family proceedings Members will appreciate that such a proposal requires thought, but we want to resolve the matter as soon as possible. We will make further details available shortly, once the work is complete. I want to thank the president of the family division, Sir James Munby, who has argued passionately that this practice should be outlawed for good.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I agree with many of the hon. Gentleman’s points. Judges have always had wide discretion on family proceedings to try to get to the truth of matters, and to protect the interests of the family and so on. Judges have discretion to ask the questions themselves to try to avoid situations arising that are against the interests of justice. In recent years, judges have become more concerned—as the hon. Gentleman has—about situations where abuse is being perpetrated through the proceedings. That is why Sir James Munby has spoken out, why I have made the comments I have made today, and why the Department is treating this as something that should be dealt with as a matter of urgency Is it necessary to change the law? The answer is yes it is. Primary legislation would be necessary to ban cross-examination. I also think there are related ancillary matters that would require primary legislation. Clauses, therefore, are required. Is work being done? Yes, work is being done at a great pace to ensure that all these matters are dealt with in a comprehensive and effective way—the urgency is there. I became the Minister responsible for these matters in October, and I have chaired the Family Justice Board, which has become very concerned about this issue over that period. The Lord Chancellor shares that concern, which is why we are moving at speed to try to tackle it The extent to which consultation is necessary is something I will consider in the light of the hon. Gentleman’s comments, and perhaps discuss with him privately if he wishes. My feeling is that what is required is pretty straightforward: a ban, and then the necessary ancillary measures to allow cross-examination without the perpetrator doing it. I would question, therefore, the extent to which a wide consultation is needed, but I will discuss that with him. On transparency in the courts, journalists are now able to attend court and report the proceedings, although there are obvious restrictions to protect children and so on.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): The Minister of State and the Lord Chancellor are to be congratulated on moving promptly on this matter. The president of the family division is also to be congratulated on his frankness in relation to the deficiencies he finds within the family jurisdiction. Does my right hon. and learned Friend accept that the simple solution is to adopt, more or less lock, stock and barrel, the criminal procedures under the Youth Justice and Criminal Evidence Act 1999; to use the forthcoming courts and prison reform Bill to put that into primary law; and accept that the very modest public expenditure of a court-appointed advocate to do the cross-examination where justice so requires would be a drop in the ocean compared with the benefits, in the interests of justice, to individuals who are the victims of abuse?
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I am grateful to the Chair of the Justice Committee for those comments and agree with a good many of them. There are some differences from criminal proceedings, for example in a case in which an injunction is sought and there is no charge, or a case in which money is being considered but there is a background of abuse. There is a range of issues. For legal aid in cases of domestic abuse in family proceedings, there is a wider list than is available for criminal proceedings, but his basic point is right I am not able to give a commitment on the Bill. It depends on how quickly the work is concluded, and I am working on it very quickly.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): On the hon. Lady’s final point, as she knows, the LASPO review has to be concluded by April 2018. It is not overdue, but it is something that the Government have very much in mind, and that we will have to start fairly shortly On the hon. Lady’s other points, legal aid is available in cases of domestic abuse. That is why the Government concentrated efforts in legal aid on situations where life or liberty are at stake, and on domestic abuse and housing when homes are at risk. That is not an issue, but I accept that the evidence criteria are important. That is why the Government have allowed a longer period and a wider range of evidence to be used, which has been welcomed Cross-examination by litigants in person takes place too much. The hon. Lady asked what the exact number is. It is not clear, but it is certainly a considerable number, which is why the Government consider this to be an important issue to tackle.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Anna Mary Soubry (Conservative, Centre-right): I congratulate my hon. Friend the Minister and welcome everything he has said on the Government’s attitude to this long-standing problem. May I urge him please to look at the rules on legal aid? There is certainly strong anecdotal evidence from former colleagues of mine at the family bar and the judiciary that there is a direct consequence and link between the rise in litigants in person and the changes to legal aid, which was begun under the Labour Government. That link between litigants in person and legal aid is causing so much of the problem. If he at least looks at it, he could provide some of the solution.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): As my right hon. Friend rightly says, this is a long-standing issue but one that has now become urgent—the cries for help from judges and others have become more urgent—and that is why the Government are tackling it. It is necessary to find a way to prevent litigants in person from using proceedings to continue the abuse, and that is what we aim to do.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I thank the hon. and learned Lady for that and for her news from Scotland. On legal aid in England and Wales, my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) deliberately decided to concentrate the effort on cases involving people’s life, liberty, home or, as in this case, domestic abuse. Given that it was a period of austerity and decisions had to be made, I believe he got that judgment right. On the criteria for legal aid and the evidence that needs to be provided, it is not as though the Government have said, "This is set in stone"; where criticisms have been made, we have changed the rules to tackle those criticisms. My overall point is that the Government are responding when we should be.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Maria Frances Lewis Miller (Conservative, Centre-right): I welcome my right hon. and learned Friend’s announcements today and his work with the Lord Chancellor, but may I draw his attention to a report published last April by the all-party group on domestic violence, chaired by myself and the hon. Member for Birmingham, Yardley (Jess Phillips), that not only picked up on this issue of cross-examination but considered special measures in courts to make it is easier for some of the most vulnerable victims to give evidence without feeling intimidated?
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I pay tribute to my right hon. Friend’s work in this area and for the important work of the all-party group, of which the Government and the ministerial committee on violence against women and girls take particular note. On special measures, the family courts have always had available to them a wider set of tools than the criminal courts and their judges have a wide discretion. Such measures as cross-examination by video, which in the criminal courts is provided for under section 28 of the 1999 Act, can be taken in family cases. Family courts can take evidence in a wide variety of ways, so there is a lot of protection. As I said in response to the urgent question, however, we are going further. Measures to do with the court estate, such as ensuring separate waiting rooms, screens and all those sorts of physical aspects, are being covered, as is staff training, through the Children and Family Court Advisory and Support Service and so on. That is very important, too.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): The hon. Lady makes an important point. As she will know, there are practice directions in the family division, and one is being prepared at the moment, so I will make sure that her comments are taken well on board. We do not make the practice directions, but we can certainly pass on her comments.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Miriam Jane Alice Davies (Conservative, Centre-right): I and my staff have been struck in my constituency surgeries by the clear feedback on this anomaly around cross-examination. One of my constituents who complained about it was a former police officer. May I urge the Minister to take every step and use every tool possible to get the matter resolved as soon as possible?
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): We all have examples—I am glad that my hon. Friend was able to get her example on the record—of cases where some form of abuse has occurred in the courts. That is unconscionable and it needs to stop. We are going to tackle this issue very urgently.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): The right hon. Gentleman makes an important point, and the Department does, of course, listen to what is said by Women’s Aid. It does seem to me that this is a fairly discrete issue—an issue about banning cross-examination by alleged perpetrators and making arrangements to ensure that cross-examination can take place in a suitable way. I would not want to sacrifice speed in tackling that for anything.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Amanda Anne Milling (Conservative, Centre-right): Last week, the country was shocked and saddened by the death of my constituent, Jill Saward, who campaigned tirelessly on behalf of victims of rape and sexual violence, following her own horrific personal ordeal. Jill was instrumental in the campaign to change the law, so that accused rapists are barred from cross-examining victims. Will my right hon. and learned Friend join me in paying tribute to Jill and expressing our sincere condolences to her family, and does he agree that it is absolutely right to extend this law to the victims of domestic violence?
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I certainly believe it important to pay tribute to Jill Saward, who suffered the most vile ordeal, yet showed through the rest of her life what a wonderful person she was, by campaigning for others and doing a tremendous amount of charity work. She was a model, and someone who set an example of being good. Yes, I would like to pass on the law that applies to criminal cases into family cases, so that we can tackle the sort of abuse that has been described.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I do not agree with the hon. Gentleman, but there will be a review of LASPO. It is something that we have promised, and the date by which it has to be completed is April 2018. We are committed to that. As for family proceedings, I think it right that families can come together in many cases and reach agreements, so we do not have the problem that the hon. Gentleman outlined. Where abuse is present for a significant number of individuals, it is important that in those cases the individual who is the victim should not be cross-examined by the alleged perpetrator. That is what we want to solve.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I think that the importance of that issue is accepted throughout the House. Whether or not my hon. Friend’s suggestion is an appropriate way to deal with it, one thing is clear: it should be dealt with as a matter of urgency, and that is what I am committed to doing Perhaps I should have said earlier that there were instances in which this problem arose before LASPO. It is not a new problem, and many people were refused legal aid representation under the Labour Government.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Timothy Paul Loughton (Conservative, Centre-right): The Government’s reforms of the family courts were designed to keep some of these antagonistic cases out of court altogether, but the legal aid changes have undoubtedly led to the involvement of more litigants in person in very sensitive cases. Does my right hon. and learned Friend acknowledge the problems that litigants in person are causing in relation to court resources? They often spin out the time that cases take, with judges themselves requiring constant advice on legal procedures. We really need to do something about that, because it is messing up the family courts.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I fully accept that how litigants in person are helped with court proceedings is important, and the Government are spending £3.5 million on helping them. Let me make another point with which my hon. Friend may agree. Not every case needs to be decided in court; I am a strong supporter of mediation, and I should like to see more of that.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): It would not, of course, have been a family justice case; it would have been a civil case. I agree with the hon. Lady that that is an important consideration, and I will look into it.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Kevin John Foster (Conservative, Centre-right): I welcome the tone of the Minister’s remarks so far. Does he agree that the point about legal aid misses the fact that some of these perpetrators are almost certainly using the ability to cross-examine their victims as a tactic in the courts? As that is motivating what they are doing, it is even more important that this plug in the law is made to stop this practice continuing.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): My hon. Friend and a number of other colleagues are saying that cross-examining the victim in these circumstances is a form of abuse in itself. I agree, which is why we are keen to conclude this review on a short timetable, as I said to the hon. Member for Leeds West (Rachel Reeves).
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: International Affairs
Oliver Heald (Conservative, Centre-right): I can certainly give the assurance I have already given, which is that we are tackling this as a matter of urgency. The hon. Gentleman will be aware that there is a busy legislative timetable with all sorts of matters to do with Europe and the like, and we will have to see what exactly can be achieved in terms of the legislative timetable, but I want to tackle this urgently.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I pay tribute to the work that the hon. Lady has done on this issue. I chair the Family Justice Board with the Minister for Vulnerable Children and Families. We are committed to improving the overall way in which the courts work and are in the process of introducing a new practice direction in the area of victims. This is certainly a point we are very much alive to.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Government Operations
Oliver Heald (Conservative, Centre-right): As I have said, we are keen to complete this review as a matter of urgency. The legislative programme is a complex matter at the moment for reasons I have hinted at, so we will have to see what is possible, but we would like to tackle this urgently.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): As the hon. Gentleman will know, there is a cross-governmental approach to abuse that has its own definitions and so on, but the areas of abuse covered in terms of applications for legal aid are far wider than just physical violence and include sex abuse cases and the like, and we are alive to the need to cover a wider area than simply domestic violence.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): I am sure that the hon. Lady is making an important point. If she wants to write to me or speak to me about it, I would be more than happy to look at it, but this is not what we are doing in this exercise of looking at the cross-examination of victims by perpetrators or alleged perpetrators. We are tackling a discrete, narrow area, and we want to do this urgently. Her point is important, but it concerns a different matter.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): My view is that this is a narrow issue involving banning perpetrators or alleged perpetrators from cross-examining victims, as we do in criminal cases. That is a narrow issue on which I think we all agree. The sort of arrangements that will need to be put in place have already been tried in the criminal courts. If the hon. Lady has any particular ideas or concerns, I would obviously be happy to discuss them with her, but I do not think that this is a complicated matter. It is a simple one that needs urgent action.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): The hon. Lady makes an important point, and the courts are clearly alive to this matter. We have to give some discretion, however, because family cases involve a wide range of factors. I think that the judges do a good job. I want to put on record that these are not easy cases and that our judges have to have an element of discretion. I would like to ensure that that remains the case, although I acknowledge that she makes a good point.
Domestic Violence Victims: Cross-Examination — House of Commons, 2017-01-09
Topic: Law and Crime
Oliver Heald (Conservative, Centre-right): The hon. Lady makes an important point, and I should like to pay tribute to the work that she does in this area. I am more than happy to raise that point in the Family Justice Board and to look at the matter, but it is not part of the important work that we are doing to deal urgently with the question of cross-examination. Her point bears on that work, but it is not the focus of what we are doing at the moment. We will, however, look into it.
Mental Health and NHS Performance — House of Commons, 2017-01-09
Topic: Labor
Jeremy Richard Streynsham Hunt (Conservative, Centre-right): My right hon. Friend will of course know that from his distinguished time as a Minister in the Department for Work and Pensions. He is right. The central problem we are trying to address is that if someone, for example, stops going to work and is signed off work because of severe depression, that is bad for the individual and also bad for the business. Too often, what happens at the moment is that it then becomes entirely the NHS’s responsibility to get that person back to work; the business says, "Well, it’s not our responsibility anymore because they’re not turning up." With a little bit of help from the business, we could get the person back to work much more quickly, meaning that they recovered more quickly and the business would not lose someone important. That is what Dennis Stevenson and Paul Farmer will be looking into.