Special measures directions in cases involving domestic abuse

Part of Domestic Abuse Bill – in a Public Bill Committee am 2:00 pm ar 11 Mehefin 2020.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Christine Jardine Christine Jardine Liberal Democrat Spokesperson (Home Affairs), Liberal Democrat Spokesperson (Women and Equalities) 2:00, 11 Mehefin 2020

That is the next clause, I believe. There is no measure we can take in the Bill that goes too far, or that could be regarded as being in any way sufficient, until we can do no more. No length is too great when it comes to protecting women. Banning cross-examination by perpetrators of domestic abuse is valuable, but it must be written in the legislation that special measures are available. It is not just women themselves who will be cross-examined; it might be their children. It is about coming in and out of the court. It is about having to face the person who has abused them—often for decades—in a corridor because they did not have a special entrance. We need to look at all these things. I cannot imagine what that would be like. No step is too far.

In 2018, Women’s Aid found that 24% of respondents had been cross-examined by their abusive ex-partner in the family court, and that was traumatising for them, so I do agree with the hon. Lady. Victims can feel that their experiences have been minimised in proceedings, and if protective measures are not granted by courts, they will be exacerbating that and letting these women down.

Christine Harrison from the University of Warwick has concluded that domestic abuse was and is persistently minimised and dismissed as irrelevant in private law proceedings. Lesley Laing from the University of Sydney in Australia has also found that accounts of engagement with the system often mirror domestic violence narratives. That is known as secondary victimisation, and it is not acceptable.

Resolution, the family justice charity, has said that although there have been changes to the family procedure rules, it is widely recognised that current special measures facilities in family court hearings—such as video and audio link, and screen facilities—are not satisfactory or on a par with the facilities available in the criminal courts. Resolution’s members, who are family lawyers, have raised their concerns.

We have talked about the Bill for three years as landmark legislation—a once in a generation opportunity to tackle domestic abuse. However, if we exclude the family courts from the Bill, we will miss a valuable opportunity to tackle domestic abuse in an area where it has perhaps been minimised and overlooked in the past, which is not acceptable. I therefore ask the Committee to consider the amendment.