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Family Proceedings Cases

My noble Friend the Baroness Ashton of Upholland, Parliamentary Under- Secretary of State, has made the following written ministerial statement in the other place today:"““With the agreement of my right hon. and learned Friend the Secretary of State for Constitutional Affairs, I am pleased to inform the House that I have today placed in the Libraries of both Houses a copy of the response to the public consultation on disclosure of information in family proceedings cases involving children. Statutory instruments have also been laid today specifying the circumstances in which information can be disclosed from family proceeding cases involving children.""Members will recall that there have been a number of difficulties about what information can be received from individuals and constituents and what members of both Houses may then do with that information to advise or assist. Accordingly I would like to make a statement about the effect of these rules; particularly, in terms of how they allow Members to fulfil their vital role in helping and advising those involved in family proceedings.""Further to my right hon. and learned Friend Harriet Harman QC, MP's statement to the House on 14 October 2004, the proposed legislative amendments have now been made by section 62 of the Children Act 2004, which came into force on 12 April 2005. This means that:"" Section 97 (2) Children Act 1989 has been amended so that it is no longer a criminal offence to publish information which identifies or is likely to identify a child as being involved in family proceedings, or the address or school of such a child; so long as publication is not made to the general public or a section of it (including the media)."" Section 12 (4) of the Administration of Justice Act 1960 has been amended so that disclosure of certain information is no longer a contempt of court where rules of court specify that such disclosures can be made."" A series of amendments have been made to current rule making powers to clarify that rules can be made specifying the circumstances in which disclosure may be made.""The Government consulted on the proposed content of the rules of court. The consultation period closed on 23 March 2005. The responses have helped to shape the final content of the rules. The rules will come into force on 31 October 2005. Guidance will be published ahead of that date so that the various providers and recipients of information from family proceedings involving children heard in private will know what they are entitled to do with that information.""The implications for Members of both Houses are that:"" A party to family proceedings involving children heard in private will be able to communicate to a Member the text or a summary of the whole or part of a judgment given in those proceedings. Members can also receive court orders, as that had been permitted since legislative amendments came into force on 12 April 2005. Members may use the information received for the purposes stated in the rules only. For Members, this means that once the text or summary of a judgment has been received, the Member may use that information for the purposes of giving advice, investigating any complaint or raising any question of policy or procedure. Members may of course refer the information to other appropriate bodies or agencies to fulfil the purpose. If it appears that further information is required, an application to the court will need to be made.””"