Jess Brown-Fuller MP: speeches
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Speeches
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I beg to move, That the clause be read a Second time. New clause 7 would require the Lord Chancellor to lay before Parliament a strategy for victim-led case management in relation to criminal court proceedings. The Government have highlighted the challenges that victims face in their briefings on the Bill’s provisions in both the media and the Chamber. As we all know, it is victims who have been affected by the horrendous backlogs that we see today, and I have no doubt that the unacceptable delays will have caused victims of crime to step away or choose not to pursue the criminal justice route at all.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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Me again. The new clauses would require provision for the training of the judiciary and, under new clause 30, for court staff. Each of these clauses focuses on a different area. New clause 8 focuses on discrimination against ethnic minorities, including racial bias and the impact on judicial decision making. New clause 9 requires the provision of training for the judiciary focused on violence against women and girls. New clause 10 requires the provision of training for the judiciary focused on domestic abuse. New clause 30 requires the Lord Chancellor to ensure that all members of court staff working in the criminal justice system receive mandatory and consistent training on trauma-informed practices, to improve understanding of how trauma affects victims’ experience, behaviour and engagement with court proceedings. The reasons for the new clauses—they are tabled for basically every part of justice legislation—are that there is real frustration among organisations and charities working in the criminal justice space that Parliament does not have the ability to legislate for the judiciary to have mandatory training. How do we square the circle of all those campaign organisations sounding the alarm and saying that, in order for us to make these very serious changes in moving to judge-alone trials, we must ensure that judges approach them with trauma-informed practices in mind? That was raised in the evidence session by Farah Nazeer from Women’s Aid. When we asked her, “What would you need to see in order for this Bill to give you the confidence that victims will have a better experience and women will be better supported through the criminal justice system?” she said: “One is training for the entirety of the court staff, because the stories that we hear and the experiences that we support women and children through are frankly appalling. The staff are not trauma-informed and there is no understanding of what a victim is going through. The courts are weaponised and survivors are brought back to the courts repeatedly. It is an appalling process. No policy area that you work on at Women’s Aid is a picnic, but this is the worst.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 27, Q53.] In the same evidence session, Claire Waxman, the Victims’ Commissioner, said: “I have made that point for years, regardless of these reforms. We have to improve and get reassurance around judicial training, including training on cultural competency, on understanding bias and prejudice and on the dynamics of abuse. We still see issues around coercive control, post-separation abuse and stalking. I need to be reassured that judges are being trained to the level that will give assurances to victims and to myself that they understand what is coming in front of them.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 14, Q25.] I know that there has been significant progress, and that the organisation Fair Hearing has worked closely with the judiciary to do training about violence against women and girls and to make sure that judges are trauma-informed in their practice, but it is not mandatory. One comment that stuck with me from the evidence session was from Charlotte, one of the victims who presented evidence. She noted, of her judge: “She said that, because I waited eight months to report, I was unreliable, and that I had clearly spoken to other victims of domestic abuse, so I knew what to say. Those comments really stuck by me.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 26, Q51.] The very concept that a judge looks at somebody who is trying to share their experiences and says, “Well, they’ve just trained for this,” is pretty appalling. It causes me to doubt that all judges are engaging in the judiciary training as effectively as they could be.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The new clause is a sunset clause that would require a report on the effectiveness of certain provisions of the Bill. If the report found that the provisions were not effective, the Secretary of State would have to bring forward regulations to repeal them; if it found that they were effective, the Secretary of State would have to set a deadline for their repeal and a return to full jury trials. The design of these reforms has not been tested in practice. There are many different estimations of their impact on the backlog, and if they are shown to not be effective, they must not continue. If they prove to be effective at reducing the backlog, full jury trials could be reinstated when the backlog is reduced and we are working at a level that the criminal justice system can cope with.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I beg to move, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I beg to move, That the clause be read a Second time. The new clause would give victims a right to receive, free of charge, court transcripts on judicial summings-up and bail decisions relevant to their case. It would require that transcripts be provided within 14 days of a request and clarify that this right would applies whether or not the victim gave evidence in the case. We spoke earlier in Committee about the important role of court transcripts. I recognise the challenges that the Government have in rolling out large-scale reforms to the way that we currently do court transcripts. The new clause is slightly more limited in its scope, because it specifically calls for transcripts on judicial summings-up and bail decisions relevant to the victim’s case. I know that the Government are doing a great deal in trying to move the dial on making sure that we slowly get to the point where everybody has access to court transcripts. As a spokesperson for an opposition party, I will continue to put pressure on the Government wherever I can to try and push them to go further and faster in this regard. I will not press the new clause to a vote.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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In the tradition of the last five days in Committee, I will push the new clause to a vote because I would like to see greater scrutiny of the way that our court system functions. Question put, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The Minister mentions the increased funding to victims support services, which I know is a really important arm of what the Government are trying to achieve. I would just caution that some of the victims support services that I have spoken to have said that, because of the length of the backlogs and the delays in the current system, the increase in funding has only allowed them to maintain the status quo, because they are now supporting people for much longer, and they are trying to make sure that they stay engaged in the process. It has not allowed them to change up their practices or introduce some of the best practice that they would like to see, just because of the length of time for which they are now supporting victims through the system. I just wanted to get that on the record.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The Minister is absolutely right that it ceased operation, but the report that led to that decision was published under a Labour Government. Does she recognise that that report was actually tabled in 2009, and that it was the coalition Government that carried out the function of the report that the Labour Government put forward?
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I thank the Minister for her comprehensive response to this group of amendments. We have talked heavily about efficiencies: the shadow Opposition and the Liberal Democrats have put forward alternative measures to improve efficiencies that were not explored in Leveson’s report. I asked Sir Brian if he had explored the concept of doing two trials a day. He said, “No, that wasn’t really something that I looked at.” But he was quite open to it. We had the same conversation that it seems the Minister had with him, where he said, “I used to be able to get through two trials in a day.” We know that that world does not exist any more.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I am happy to withdraw the new clause, on the basis that the Government continue to work on the measures that they have already introduced. Let me quickly put on the record the work of my hon. Friend the Member for Richmond Park (Sarah Olney), who has been campaigning for access to court transcripts for many years. She is delighted that we are now seeing progress. I beg to ask leave to withdraw the clause. Clause, by leave, withdrawn. New Clause 13 Report on the effect of the Act on public trust and participation in the criminal justice system “(1) The Lord Chancellor must commission a report on the effect of the provisions of the Act on public trust and participation in the judicial system. (2) A report under this section must— (a) include consideration of the effect of the provisions of the Act on— (i) witness participation; (ii) the effect of these reforms on public confidence and trust in the criminal justice system; (iii) the effect of these provisions on BAME engagement with and trust of the criminal justice system; (b) contain recommendations for further provision, or changes to delivery of provision under this Act, to increase the levels of each criterion set out in subparagraphs (2)(a)(i) to (2)(a)(iii). (3) Within twelve months beginning on the day on which this Act is passed, the Lord Chancellor must lay before Parliament— (a) a copy of a report under this section, (b) the Lord Chancellor’s response to recommendations made by that report.”— (Jess Brown-Fuller.) This new clause would require the Lord Chancellor to commission, lay, and respond to a report on the effect of the Bill on public trust in the criminal justice system. Brought up, and read the First time. Question put, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I beg to move, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The hon. Gentleman is absolutely right. It is a worrying trend that the number of hours that are being used efficiently in Crown courts every day seems to be decreasing year on year. The Minister spoke about not wanting to necessarily set a target. I agree with her: sometimes putting an arbitrary number on something does not actually reflect the situation. The previous Government attempted to do that, setting a target in 2019 to get the backlog down to a certain number. That does not always reflect the fact that the backlog could be a caseload 30,000 of the most complex cases that will take an incredibly long time to get to. Instead, we should look at the average time that it takes to get from charge to trial, and monitor whether we can bring that number down. When I have talked about bringing that report to Parliament in new clause 5, it is not necessarily to say, “It was 80,000 and now it is 79,500,” because that does not reflect how long people are going to actually wait to have their cases heard. It is far more about the experiences of all of those people going through the system. With regard to having reports established every year, the Minister spoke passionately, as she always does, about wanting to make sure that the reforms genuinely make a difference. But the Deputy Prime Minister has said that, even with all the reforms coming in together, he does not expect to see the backlog fall before the end of the Parliament. We need to be able to look at where the data is taking us every year, track what the backlog is doing, track the sorts of cases that are getting stuck in the backlog, and then scrutinise that, so that if there are other levers that can be pulled—whether they are things that have been suggested by me or by the shadow Minister—we have the opportunity to come back and review those things. I am glad that the Minister recognises that trust in the criminal justice system is low anyway. It is not where it should be. I have said it before: the justice system is inextricably linked with how people view democracy. When trust in democracy is low, there is distrust in institutions, policing and the way our courts work. As cross-party parliamentarians, we have a duty to improve trust in all those systems. I worry that the measures in clauses 1 to 7 will not do that, but will erode trust. Question put, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I appreciate the work the Minister is doing with the Prisons Minister. Can she explore something that has been reflected to me by court staff and judges working in the system? The PECS contract will say that it is delivering 99% of prisoners on time, and refer to the data that shows how many times PECS has delayed a case. But, because of the way we record the data in HMCTS, if a judge knows that the prisoner is not going to arrive until 11 am, they will make a decision not to sit until 12 pm. That is recorded as a judge’s decision, rather than reflecting that the reason for the delay is that the defendant has not been delivered to the court on time. Will the Minister take that away and work out whether there is a way of analysing and scrutinising the data slightly differently from how the PECS contract will try to explain it?
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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Will the Minister give way?
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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I beg to move, That the clause be read a Second time.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The feeling of the organisations and charities that I have spoken to is that everybody in the judiciary should have the opportunity to go through trauma-informed training and training around violence against women and girls, around coercive control and around recognising and identifying racial bias so we can make sure that every victim is confident—whether they are going through the criminal or the family justice system—that everybody they will come in contact with understands them and the additional support that they may require. I am sure that the Minister will say that the Government cannot mandate training because the judiciary are independent. New clause 30 aims to make sure that members of court staff, who are employed by His Majesty’s Courts and Tribunals Service, receive mandatory and consistent training on trauma-informed practice because they are the people who will support victims and witnesses through the criminal justice system. We clearly need to change our approach. In the evidence session, witnesses described an environment that is hostile to witnesses; we need one that stands up for their interests. Our new clause 30 should be the bare minimum across the courts estate, and represents a position supported by a number of organisations.
- 28 Apr 2026 · Courts and Tribunals Bill (Twelfth sitting) · Hansard source
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The new clause is consequential on amendment 16. Amendment 16 would require the Government to pilot the removal of the right to elect trial by jury before national implementation and report to Parliament on its impact. The design of these reforms has not been tested in practice, and there are many different estimations of their impact on the backlog. The Institute for Government’s modelling suggests that that is likely to be around a 7% to 10% reduction in total time taken in the courtroom, with just 1.5% to 2.5% of that coming from the introduction of judge-only trials in the Crown court bench division. The Government’s impact assessment indicates an expected saving of 27,000 Crown court sitting days. That is based on the fact that cases heard in the bench division will reduce the time per hearing by 20%. That 20% figure is an estimate that Sir Brian Leveson uses in part 1 of his independent report of the criminal courts. He is explicit that, should the Ministry of Justice “consider pursuing this course of action, it may wish to consider undertaking further detailed analysis in order to understand the potential time-saving fully.” That figure is based on a different package of reforms. Sir Brian includes the reclassification of some offences and the removal of the right to elect for some low-level figures. The Government have used the 20% figure as a starting point, which is problematic. It is the number that informs their modelling, but there is no concrete data to prove that this would be the case. Policymaking must always be evidence-led. That imperative is even more urgent when such legislative reforms restrict fundamental rights. Time savings must be considered holistically. With no juries in the bench division, judges will have to provide a reasoned judgment for their decision. The Bill stipulates that this judgment must state the specific reasons for the conviction or acquittal. That represents a change from traditional jury trials, where juries do not provide written or spoken reasons for their verdict. The composition of these judgments will be time consuming for judges, who will have to ensure that their conclusions are legally tight. If the Government truly believe that the reforms laid out in the Bill will genuinely reduce the backlog, they should prove it before making a change to our justice system that we will never see reversed.
- 27 Apr 2026 · Public Office (Accountability) Bill (Carry-over) · Hansard source
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First, I want to set out that the Liberal Democrats are supportive of the Hillsborough law. We have only ever sought to strengthen the legislation, not to undermine it, and we will be supporting the carry-over motion this evening. But it is frustrating for everyone involved that we have reached this stage of having to carry over the Bill, because this is landmark legislation that will transform the relationship between public bodies and the victims of horrendous tragedies, and, as the Minister said, we hope it will restore some of trust in the state among people across the UK that they will not be the victims of cover-ups after tragedies. A duty of candour provides a basic but essential level of transparency and fairness, and a duty for public officials to act with openness when dealing with public investigations—vital steps that are supported by the Liberal Democrats and Members from across the House. I commend in particular the hon. Member for Liverpool West Derby (Ian Byrne), who has been campaigning for years, as well as other hon. Members in the Chamber this evening. This Government and this Prime Minister rightly committed to the full implementation of the legislation in the Labour manifesto, yet we find ourselves here today because broken promises, quiet media briefings and a lack of transparency have totally mired the process and the progress of the Bill. Report and Third Reading were scheduled for 19 January, but the unacceptable carve-out for the security services brought that process to a halt. It is essential that the legislation includes clear, binding provisions to ensure that the security services are subject to the duty of candour. That is what the campaigners from Hillsborough Law Now expect, it is what the families of the many victims whose lives have been upended by tragedies and scandals expect, and it is what the Government promised. The campaigners and Liberal Democrat Members will not tolerate or accept backsliding, but we are still in the dark. Yes, there have been media reports of a compromise with the security services, but we are yet to see either those amendments on the amendment paper or whether they are acceptable to the campaigners who have fought so tirelessly for the legislation. The reports also contained details of additional inclusions within the scope of the Bill, including counter-terrorism police, the National Crime Agency and national intelligence. Again, this House has yet to debate the merits of those proposed inclusions, and has only heard about them in the media. Any outcome must be acceptable to the families. They have worked tirelessly, for too long, to see a half measure come to fruition. It is clear that the Government will not proceed without them onside anyway, so I encourage the Government, who I know are as keen to get this over the line as any of us, to come to a swift resolution. As the hon. Member for Ellesmere Port and Bromborough (Justin Madders) said, I hope that the legislation returns to the House shortly after the King’s Speech, because we will be in the summer recess before we know it, then it will be the conference recess. The families have waited far too long for the legislation. They cannot afford to be approaching another Christmas without seeing the Bill finally enacted. We all owe it to all the countless victims of Hillsborough, the Post Office scandal, infected blood, Grenfell, nuclear weapons testing, pelvic mesh, LGBT veterans and the many other scandals to finally get this done.
- 23 Apr 2026 · Business of the House · Hansard source
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I had the opportunity to test out my hand-eye co-ordination recently by joining Chichester Centurions hockey club. We have a thriving hockey community in Chichester, and Chichester hockey club has more than 650 members. They are at risk, however, of losing their pitch provision because the pitches are coming to end of life and are being replaced with 3G pitches, which are far more favourable to football—hockey cannot be played on them. Will the Leader of the House please talk to the Sport Minister, the hon. Member for Barnsley South (Stephanie Peacock), and ask what she can do, because the picture in my area is happening nationally? Will he please ask her to meet me, so that she can tell me what she will do to protect hockey?
- 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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Amendment 14 would require the Government to set out how the family courts and legal aid system will be resourced to give full effect to the repeal of the presumption of parental involvement. It would necessitate a report being laid by the Government on the impact of repealing the presumption of parental responsibility. We are in favour of clause 17, but the amendment focuses on the impact of the provisions on legal aid and the capacity of family courts, judicial training and investment in the family court estate. Repealing the presumption of parental responsibility will lead to a need for more legal advice, as well as changes in hearings and court practices. It is important that the Government report on those changes to the House. We hope that they accept the need for a report. Clause 17 will repeal the presumption of parental involvement in the Children Act 1989. The presumption was originally introduced to ensure that both parents could maintain a relationship with their children after separation. However, there have been long-standing campaigns to repeal the presumption, with evidence emerging—I say emerging, but it is long-standing evidence—that children could be left at risk of harm. The change will mean that the courts will no longer start from the assumption that parental involvement is always in the child’s best interests. A key campaigner for this change, working with Women’s Aid, is Claire Throssell, who the Committee had the opportunity to hear from during the evidence session. Claire’s children, Jack and Paul, were killed by their father, who locked them in the attic and set fire to the house. If there was any moment that we all will remember for a very long time, it was Claire holding the images of her children before the incident and afterwards. I commend her for her bravery and for the way that she was able to speak so clearly not just for herself, but for all the families who have experienced devastating bereavement in that way—fighting for the children who will come after. A family court judge, guided by the presumption, decided to allow Claire’s ex-husband unsupervised access to their children, despite evidence that he had threatened to harm both her and them. Since Women’s Aid first reported on the issue in 2004, 67 children have been killed by perpetrators of domestic abuse through contact arrangements, with 19 further child deaths documented in the decade to September 2024 alone. The Lib Dems are in favour of the shift in law away from the presumption of parental involvement. Although the Bill seeks to repeal the presumption, there is a pro-contact culture in the family courts, as described by Farah Nazeer of Women’s Aid, who we also heard from in the evidence session. Will the Minister lay out what will be done to support the cultural reform of the family courts to ensure that this is a pivotal moment for victims of domestic abuse, who for so long have had their concerns around their children’s safety dismissed? Claire spoke to that point in the evidence session. When I asked her what she believed the next steps should be, she said: “What I would like to see moving forward is an understanding of what it looks like without presumption of contact; what good practice looks like; understanding trauma; understanding what coercive control is; understanding emotional abuse. We all understand physical abuse—it is there; we see it. What we do not understand is the emotional abuse and the scars that we carry. We must always look from the position of actually seeing a child, hearing a child, believing a child, protecting a child, and we must go from this basis.” –– [ Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 58, Q110.] New clause 16, which I also tabled, is a probing amendment that I will not press to a vote, but I wish to discuss it further. It would introduce a rebuttal presumption that a parent’s relocation with a child in the context of domestic abuse, undertaken in reliance on and with documented advice from authorities or support services, is reasonable and in the child’s best interests, unless the contrary is known. New clause 16 would allow a parent to relocate with a child if they have evidence or advice from a domestic abuse support service or authority. It would require the court to assume that the move is reasonable and place the burden on the other parent to prove that the move is not in the child’s best interest. The new clause is aimed at making it easier for victims of domestic abuse to leave their situations safely, and to prevent them from being forced to remain near their abusive ex-partners. Currently, the legal framework does not adequately distinguish between a parent who removes a child to protect them and a parent who removes a child to punish the other party. Our new clause would not remove safeguards in respect of alienation, but would instead shift the dial towards believing and protecting victims of domestic abuse. The new clause is supported by Fair Hearing, which shared multiple examples of its work with courts that failed to give proper weight to the relevance of domestic abuse in relocation decisions. In one such case, a mother who had experienced severe physical, sexual and psychological abuse had been forced by her partner, during the relationship, to move with their children to an isolated rural area. After leaving him, she sought permission to return to her home town, where she had family support and greater safety. The court none the less required her to remain in an isolated cottage near her abuser, failing to give proper weight to the impact of the abuse, or to her need for safety and support. Cases of that kind illustrate the consequences of a framework that, in its operation, too often treats a survivor seeking to relocate for safety no differently from any other parent seeking to move for lifestyle or preference reasons. I make the point to the Minister that this could happen to any of us. So often, abuse does not start on day one, when the partner suggests that we move somewhere lovely and will be really happy there. I am a very long way removed from the version of myself who made the decision to follow a boy three hours away from my family in my early 20s. He turned out not to be the great guy I thought he was when I made that decision. I escaped from that situation, but had I stayed and ended up having children, the idea that I would have been trapped in a city that was not mine, away from my family, who were my support network, is too scary to bear. I remind the Minister that it could happen to literally any one of us. Wider campaigns from Women’s Aid, SafeLives and Refuge have focused on ensuring that survivors can relocate to escape abuse. As subsection 2 of the new clause outlines: “Where the relocating parent demonstrates that the decision to relocate was made in consequence of domestic abuse, and this is supported by documented advice from a relevant authority or support service, there is a presumption that the relocation was reasonable and in the best interests of the child.” Under the new clause, the documented advice would include evidence from a police force, social services, a multi-agency risk assessment conference or an independent domestic violence adviser. We look to work closely with the Government on this issue, and I hope they recognise the need to go further, but I will not push new clause 16 to a vote. I will speak briefly to new clause 20, also tabled in my name, which would introduce a statutory presumption that where domestic abuse is alleged, the court must make findings on the allegations before considering any claim that a parent has sought to undermine the child’s relationship with the other party. If one parent alleges domestic abuse and the other alleges alienating behaviour—that is, influencing the child against them—the court must decide the domestic abuse allegations first. The court cannot move on to contact issues until that is decided. If the court finds domestic abuse, a child’s reluctance to see that parent is presumed to be justified. That presumption can be overturned only with evidence. If abuse is proven, courts cannot consider claims of alienation until the alleged abusive parent proves the child’s resistance is not due to abuse. Campaigners have long argued that the family courts have been used by abusers to retraumatise victims and have over-prioritised contact between parents and children. It is estimated that around 60% to 90% of child arrangement cases in the family court feature allegations of domestic abuse. In 2020, the report entitled “Assessing Risk of Harm to Children and Parents in Private Law Children Cases” highlighted serious issues with how the family court system addresses domestic abuse in child arrangement cases. It said that those issues were underpinned by a pro-contact culture, silo working, an adversarial system and resource constraints. A 2023 report by the Domestic Abuse Commissioner stated: “Victims and survivors and their advisors reported concerns that raising domestic abuse as an issue often risked the retaliatory use of so-called ‘parental’ alienation narratives by parties against whom domestic abuse had been alleged as a counter-claim, leading to worse outcomes for adult and child victims and survivors.” Five years on from the harm report, the Domestic Abuse Commissioner found that despite overwhelming evidence of domestic abuse in most cases, a pro-contact culture and a failure to recognise abuse still contribute to decisions that may put children in harm’s way. This can be considered a probing amendment; I will not press new clause 20 to a vote. We will be looking to work closely with the Government to make progress in this area. The new clause would tilt the dial slightly towards victims of domestic abuse by ensuring that courts properly examined cases before considering issues of alienation. It would prioritise the safety of victims of domestic abuse, whether partners or children, by requiring these allegations to be addressed first. It is also sometimes argued that children resist contact with certain parents because of manipulation. Our proposal would ensure that courts did not assume that manipulation first, but it would also have safeguards. It would not allow domestic abuse organisations to submit evidence; instead, it would be the authorities, social services and an independent domestic violence adviser who would do that. A minimum evidential threshold would also have to be met.
- 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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Clause 12 stipulates that when a direction allows evidence by live link or pre-recorded cross examination, screens must also be provided unless that would be contrary to the interests of justice, such as due to preventing the adequate testing of evidence. It also clarifies under a special measure direction that a screen may be used to prevent either the witness from seeing the accused or the accused from seeing the witness. The Liberal Democrats welcome the clause. Vulnerable and intimidated witnesses are entitled to a number of additional measures to protect them from defendants. When the Law Commission conducted a review of these measures in relation to sexual offences cases, it came up with a number of recommendations, although the Government have chosen not to take forward some of them, such as introducing automatic entitlement for sexual offence complainants or providing complainants with independent legal advice on their entitlement to special measures. It would be helpful to understand from the Minister why the Government chose not to introduce those recommendations, which would have turned special measures into almost standard measures. The blanket introduction of these measures would save administrative time and cost. I recognise that this is anecdotal, but the judges I have spoken to have said that if they get a request for special measures, they never refuse it. Surely by reversing the onus and introducing the special measures as standard, we would still provide an opportunity for victims to opt out of those measures if they have a particular desire to see, or to look into the eyes of, their defendant, but if they did not wish to do so, they would be, at the very minimum, provided with protections. If this was the standard approach, it would also give more women—this affects mostly women—the confidence to come forward knowing that their court experience is going to protect them. On a recent visit to Chichester Crown court—I thank the Minister for committing to reopening that court fully—His Majesty’s Courts and Tribunals Service talked about creating videos for those who are coming to give evidence, with the opportunity to have a virtual walk-through of the court. If vulnerable witnesses and victims were able to watch a walk-through to see exactly what measures could be put in place as standard to protect them, I imagine that would provide much more reassurance than saying, “This is what you are seeing, but there are also additional special measures that you can apply for.” Introducing these measures as standard would also take away the stigma of being associated as a vulnerable witness. We talk a lot about victims. Some victims do not want to be described as victims; they want to be described as survivors. We talk about vulnerability. If we had these measures as standard, we would be acknowledging that vulnerability is expected, but that there is no stigma around it and that the courts have mitigated it, without being asked to do so. The measures are backed by various victims groups, such as Women Against Rape, and by the Victims’ Commissioner. It would be helpful if the Minister could highlight whether the Government plan to go further and make these special measures standard.
- 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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I seek clarification from the Minister about the reference in clause 14 to “representatives of news gathering or reporting organisations”. Earlier, the hon. Member for Reigate raised the practice of live tweeting from court proceedings. I would appreciate it if the Minister set out her understanding of who would come under “a representative of a news gathering or reporting organisation”. With the rise of social media, and with more people getting their news online on things like X, we can have lots of news organisations with self-professed journalists or online commentators who are acting in the interests of providing online journalism, but who do not hold any form of accreditation or any official role as a journalist. It would be helpful if the Minister could explain who legitimate members of the press will be under this measure. Will they have to be recognised journalists? Will they have to have a press pass? Or can they say, “I’m here, in the interest of journalism, to live tweet the events because I am a self-employed journalist”?
- 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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This has been a robust and important debate, and there are strong feelings on both sides of the argument. As I said earlier, we are legislating in a complex area. I think the shared opinion is that the intention is correct. Some of the questions that have been asked are legitimate, but I know the Minister is keen to work collaboratively. I will not press my two new clauses to a vote—they are probing amendments to open up the conversation—but amendment 14, which would require a report as a health check for the family courts, is important, so I will press it to a vote. Question put, That the amendment be made.
- 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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I beg to move amendment 14, in clause 17, page 30, line 10, at end insert— “(3) The Lord Chancellor must, within six months of the commencement of this section, lay before both Houses of Parliament a report on the resources required to give full effect to the repeal of subsection 2A in Section 1 of the Children Act 1989.— ‘(1) The report under subsection (3) must include— (a) an assessment of the level of legal aid provision necessary to ensure that parties in child arrangements proceedings are able to obtain timely and effective— (i) advice, and (ii) representation particularly where allegations of domestic abuse or safeguarding concerns are raised; (b) an evaluation of the capacity of the family courts, including— (i) the number of judges, (ii) court staff, and (iii) available hearing time, to undertake robust risk assessment and fact-finding processes in line with Practice Direction 12J; (c) plans to address any shortfalls in judicial training, including— (i) training relating to coercive control, (ii) domestic abuse dynamics, and (iii) child safeguarding. (d) proposals for investment in the family court estate and technology to ensure— (i) the repeal operates effectively, and (ii) decisions are consistently grounded in the welfare and safety of the child.’” This amendment requires the Government to set out how the family courts and legal aid system will be resourced to give full effect to the repeal of the presumption of parental involvement.
- 23 Apr 2026 · Courts and Tribunals Bill (Tenth sitting) · Hansard source
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Rape Crisis has pointed out that current practice ignores the fact that women are often subjected to multiple instances of sexual violence in their lives. Survivors have told Rape Crisis that they feel disbelieved, blamed and retraumatised when they simply try to seek justice. SafeLives and End Violence Against Women are both in favour of the reforms in clause 10. It is worth pointing out that black and minoritised women are disproportionately harmed in the criminal justice system by misuse of bad character evidence. Office for National Statistics data shows that one in two adult survivors of rape have been raped more than once. The National Police Chiefs’ Council strategic risk assessment 2023 identified that 25% of victim survivors were repeat victims of violence against women and girls. The drafting of clause 10 reflects calls from a coalition of women’s rights groups for section 100 to be amended in this way. It was drafted and supported by the Centre for Women’s Justice, and the Liberal Democrats are pleased to support it.
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