Part of Children and Adoption Bill [Lords] – in a Public Bill Committee am 10:15 am ar 16 Mawrth 2006.
This debate goes to one of the core differences—perhaps the core difference—between the positions adopted by the Opposition and the Government. We all want to ensure that, whenever it is appropriate in the interest of children and can be done in a way that supports them practically, both parents—resident and non-resident—have good contact so that they have a meaningful relationship with their children if the parents separate. We are all united to the same end and I feel strongly that children need both parents, including fathers. In my ministerial position I have taken a strong line in promoting that.
It seems from the points made by the hon. Member for East Worthing and Shoreham that we have a significant difference on the measures that need to be introduced to make contact work for both parents. He started with a basic premise about contact at the moment. He led us to believe that contact was not working in many cases and said that the Government’s response is punitive enforcement rather than making contact work. He cited an increase in applications for contact orders as testimony that contact is not working. However, I do not accept either the logic of his argument or the remedies that he is suggesting to make contact work better, although I support that objective.
It is true that there has been an increase in the number of applications for contact orders, but it also true that more than 99 per cent. of those applications are granted. It is also true that many of those applications are repeat applications and many are for enforcement. That leads us to our diagnosis of the problem and what needs to be addressed. We do not yet know what the fundamental problem is, which is why we are instituting the research. However, it may not be that the courts are ordering too little contact for the resident parent, but rather that the contact that is being ordered is not being complied with. Parents may come back for enforcement orders to get the resident parent to comply with orders that have already been made. That supports the Government’s diagnosis and remedy. Enforcement is the key issue. I strongly refute at the outset the hon. Gentleman’s two contentions.
This group of amendments tries in a raft of different ways to address the problem of reasonable contact by placing a presumption at the heart of the Children Act 1989.