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Debate on motion to consider the matter of the Government consultation on convicting rapists and protecting victims. Agreed to on question.

Lead member

Vera Baird

Answering member

Dominic Grieve

Department

Solicitor General

Type

Debates

Date

29 November 2007

Reference

468 c521-42

House

House of Commons

Human Rights

Debate on a motion for the adjournment on human rights.

Lead member

Vera Baird

Department

Department for Constitutional Affairs

Type

Adjournment debates

Date

19 February 2007

Reference

457 c68-124

House

House of Commons

Witness Care Units

Westminster hall adjournment debate on witness care units.

Lead member

Vera Baird

Answering member

Mike O'Brien

Department

Solicitor General

Type

Adjournment debates

Date

14 February 2006

Reference

442 c430-8WH

House

House of Commons

Trials (Special Measures)

To ask the Minister of State, Department for Constitutional Affairs if she will include trials concerning special measures among those where special measures for the protection of witnesses are automatically approved.

Asked by

Vera Baird (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

19 May 2005

For answer on

23 May 2005

Answered on

21 November 2005

I have been asked to reply.The Government recognise that giving evidence in court can be a traumatic experience.Because of the nature of sexual offences and the sensitivity of the evidence that is given, complainants in sexual offences are automatically eligible for special measures unless they advise the court that they do not want such assistance. Witnesses aged under 17 years are also automatically eligible for special measures assistance. A victim of domestic violence who falls into one of these categories will be eligible automatically for special measures.Other complainants and witnesses, including those who are victims of domestic violence but who do not fall into these automatic categories, whose quality of evidence may be diminished by reason of incapacity or because of fear or distress about testifying can apply to the court for a special measures direction.The Government believe that allowing courts to apply these principles strikes the right balance enabling measures to be taken which are appropriate to the particular circumstances of a case taking account of the needs and wishes of individual complainants and witnesses. We have no plans to amend the legislation to make special measures automatic in cases of domestic violence.In addition to the practical measures available in cases of domestic violence, the specialist domestic violence courts programme we are taking forward is about situating the court and the criminal justice system as part of a community wide response to domestic violence which places the victim at the heart of the process. We have a programme in place to expand the existing network of specialist courts across the country and propose to develop courts in 25 areas by April 2006. Additional funding of £1 million was announced in October 2005 to expand the programme further in 2006–07.

Date

21 November 2005

Reference

734; 439 c1657W;439 c1659W

House

House of Commons

Dept for Constitutional Affairs

To ask the Parliamentary Secretary, Department for Constitutional Affairs, what arrangements are made by the Courts Service for the presence at court of complainants in rape trials which are listed as floating trials.

Asked by

Vera Baird (Labour)

Answering body

Department for Constitutional Affairs

Type

Written questions

Status

Answered

Date

10 February 2005

Reference

430 c1750W; 215582

House

House of Commons

Solicitor-General

To ask the Solicitor General, what monitoring the Crown Prosecution Service carries out of the standard of witness care by the Bar in (a) criminal and (b) rape trials.

Asked by

Vera Baird (Labour)

Answering body

Solicitor General

Type

Written questions

Status

Answered

Date

4 February 2005

Reference

207500; 430 c1188W

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for Education and Skills, what plans she has to ensure that (a) regulations, (b) training and (c) the Common Assessment Framework for Information Sharing Databases in Children's Services takes full account of domestic violence and recognises it as a serious child protection issue.

Asked by

Vera Baird (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Date

1 February 2005

Reference

213126; 430 c803W;430 c803-4W

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for Education and Skills, how she plans to ensure that the information-sharing database in children's services flags cases of domestic violence or child abuse to ensure that domestic violence perpetrators cannot use their rights under the Data Protection Act 1998 to track down their...

Asked by

Vera Baird (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Tabled on

27 January 2005

For answer on

31 January 2005

Answered on

31 January 2005

Vera Baird: To ask the Secretary of State for Education and Skills how she plans to ensure that the information-sharing database in children's services flags cases of domestic violence or child abuse to ensure that domestic violence perpetrators cannot use their rights under the Data Protection Act 1998 to track down their children or ex-partner. [212089] Margaret Hodge: We recognise the importance of ensuring that children and families are protected from the perpetrators of domestic violence or child abuse. The details of how the information sharing databases or indexes will work will be set out in regulations and guidance. In framing the regulations and guidance we will take care to address the issue of protection from the perpetrators of domestic violence or abuse. This will include the facility for certain details, such as an address, to be blocked out or not to appear on the index at all where a parent has good cause to believe that the inclusion of such information may lead to a crime being committed. Where information on a child is held on the index, and a parent makes a request to access that information, their rights to access that information are balanced by the rights of the child. For children of sufficient maturity (which for the vast majority of children is taken to mean aged 12 or over), the right under the Data Protection Act to access data held about the child on the index will belong to the child rather than to the parent. So there will be no obligation on the person with responsibility for managing and operating the index (the data controller) to disclose information to a parent in such cases. For other children, where rights to access information held on a child may be exercised by a parent with parental responsibility, the data controller is under no obligation to disclose information if that would lead to harm. We will ensure that guidance to data controllers on handling such requests includes guidance on identifying cases of potential harm and procedures to avoid this, such as asking the other parent if they have any objection to the request or deciding that the other parent is the best person to exercise access right on behalf of the child.

Date

31 January 2005

Reference

212089; 430 c658-9W

House

House of Commons

Home Office

To ask the Parliamentary Secretary, Department for Constitutional Affairs, what plans he has to extend the automatic availability of special witness measures to complainants in criminal cases of domestic violence.

Asked by

Vera Baird (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Tabled on

7 December 2004

For answer on

12 January 2005

Answered on

12 January 2005

Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what plans he has to extend the automatic availability of special witness measures to complainants in criminal cases of domestic violence. [203875] Paul Goggins: I have been asked to reply. The special measures provisions are contained in Part II Chapter I of the Youth Justice and Criminal Evidence Act 1999. They enable appropriate assistance to be provided across the range of vulnerable or intimidated witnesses. Because of the special nature of sexual offences and the sensitive nature of the evidence that is given, victims of sexual offences are automatically eligible for special measures. This is also the case for young witnesses. Other witnesses will be eligible for assistance if the court considers that the quality of their evidence may be diminished on the grounds of a mental disorder, learning disability or physical disability or disorder, or because of their fear or distress about testifying. In the latter case the court must take into account a range of factors including the domestic circumstances of the witness, any behaviour towards the witness on the part of the accused, and the nature and alleged circumstances of the offence. Domestic violence victims will be eligible for assistance if they meet these requirements. We would expect courts to be sensitive to the needs of victims of domestic violence and grant special measures where it would be appropriate. The roll-out of special measures is ongoing and work is underway as part of the "No Witness No Justice" initiative. This will give a single point of contact to the witness and will provide a tailored needs assessment not only for their requirements at trial, but also for the period from charge to trial. The Government believes that it would be best to complete the implementation of these measures and then review their effectiveness before considering whether any changes to the legislation are needed.

Date

12 January 2005

Reference

203875; 429 c570-1W;429 c568-9W

House

House of Commons

Dept for Constitutional Affairs

1st supplementary on increasing access to legal services.

Asked by

Vera Baird (Labour)

Answering body

Department for Constitutional Affairs

Oral questions - 1st Supplementary

Status

Answered

Date

11 January 2005

Reference

429 c156

House

House of Commons

Dept for Constitutional Affairs

To ask the Parliamentary Secretary, Department for Constitutional Affairs, if he will make a statement on Sir David Clementi's review of the regulation of the legal profession.

Asked by

Vera Baird (Labour)

Answering body

Department for Constitutional Affairs

Oral questions - Lead

Status

Answered

Date

11 January 2005

Reference

429 c156; 207411

House

House of Commons

Dept for Constitutional Affairs

To ask the Parliamentary Secretary, Department for Constitutional Affairs, what steps the Department has taken to publicise the availability of special measures for witnesses in the criminal courts.

Asked by

Vera Baird (Labour)

Answering body

Department for Constitutional Affairs

Type

Written questions

Status

Answered

Tabled on

7 December 2004

For answer on

13 December 2004

Answered on

13 December 2004

Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs what steps the Department has taken to publicise the availability of special measures for witnesses in the criminal courts. [203874] Mr. Leslie: My Department works closely with the other Criminal Justice Departments to ensure that the availability of special measures is publicised. Prior to attending court the Witness in Court leaflet should be sent to every prosecution witnesses, with the witness warning letter. This leaflet includes information about the availability of special measures. The Witness Walkthrough on CJS Online also has information about special measures. In addition, Home Office circulars provide information to practitioners about special measures. Technical guidance has also been issued to the judiciary as to the way the legislation should operate on special measures and the Judicial Studies Board provides training seminars for the judiciary in which special measures are covered extensively. In each Crown court centre there is a Witness Liaison Officer, who has received training for dealing with vulnerable and intimidated witnesses and the use of special measures. It is planned to extend the use of Witness Liaison Officers to all magistrates courts by spring 2005. The `No Witness, No Justice' programme, which is currently being rolled out nationally, introduces dedicated Witness Care Units bringing police and the CPS together for the first time to jointly meet the individual needs of victims and witnesses. They provide a range of services, including, following charge, an initial needs assessment to identify those witnesses who would qualify for special measures, and continuous review of victim and witness needs throughout the case. My Department has also worked with the General Council of the Bar, the NSPCC and other criminal justice agencies to produce a video "A Case for Special Measures" which is aimed primarily at the legal professions.

Date

13 December 2004

Reference

203874; 428 c877W

House

House of Commons

Dept for Constitutional Affairs

To ask the Parliamentary Secretary, Department for Constitutional Affairs, what his assessment is of the powers of a judge to prevent a party to family proceedings against whom there is an allegation of (a) domestic violence and (b) sexual abuse from cross-examining the other party about such allegations; what plans...

Asked by

Vera Baird (Labour)

Answering body

Department for Constitutional Affairs

Type

Written questions

Status

Answered

Tabled on

7 December 2004

For answer on

13 December 2004

Answered on

13 December 2004

Vera Baird: To ask the Parliamentary Secretary, Department for Constitutional Affairs, (1) what his assessment is of the powers of a judge to prevent a party to family proceedings against whom there is an allegation of (a) domestic violence and (b) sexual abuse from cross-examining the other party about such allegations; [203999] (2) what plans he has to prevent any party in a family case who faces an allegation of domestic violence or sexual abuse from cross-examining the other party. [204000] Mr. Leslie: I believe that the wide discretion afforded to judges in hearing family proceedings gives them sufficient powers to ensure that victims can be protected from intrusive and unfair questioning by the defendant in family proceedings. Judges that are ticketed to hear family cases will have undergone training. They can offer assistance in how questions are framed and how evidence is presented. The judge also has an inherent power to admit evidence at the trial if he considers that it is in the interests of justice to do so. Under Order 20, rule 8 of the County Court Rules 1981 and Order 38, rule 3 of the Rules of the Supreme Court 1965, the court may, at or before the hearing of any action, order that evidence of any particular fact shall be given at the trial in such manner as may be specified by the order. This would allow the court to use special measures type facilities such as screens and TV links where they are available. A letter to county courts will be sent shortly to remind them of the need to make known to victims any special facilities that are available in the court and a poster will be provided to raise awareness of these Facilities. victims any special facilities that are available in the court and a poster will be provided to raise awareness of these Facilities.

Date

13 December 2004

Reference

428 c872W; 203999;204000

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for Education and Skills, pursuant to the Answer of 5th July 2004 423 c460W, on adoption cases, when the Association of Directors of Social Services survey on past family cases concerning children and expert medical evidence will be placed in the Library. - Including...

Asked by

Vera Baird (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Tabled on

27 October 2004

For answer on

16 November 2004

Answered on

16 November 2004

Vera Baird: To ask the Secretary of State for Education and Skills pursuant to the answer of 5 July 2004, Official Report, column 460W, on adoption cases, when the Association of Directors of Social Services survey on past family cases concerning children and expert medical evidence will be placed in the Library. [194996] Margaret Hodge: [holding answer 2 November 2004]: The Association of Directors of Social Services (ADSS) has now completed its survey, and I have today placed a copy of the results in the Library. This is the second stage of the survey of family court cases concerning children and expert medical evidence, conducted by the ADSS this year following the judgment in the case of R v. Cannings. The first stage of the survey, the results of which are already in the Library, looked at the cases of children who were the subject of current care proceedings. Across the 130 local authorities who responded to first stage of the survey, disputed medical evidence featured, or was anticipated to feature, in only 47 out of 5,175 cases. Where the impact of this evidence was known, there was a change to the local authority's care plan in one case. The first stage of the survey did not consider children who were already the subject of a care or related order, which has been the subject of the second stage survey. Across the 127 local authorities that responded to the second stage survey, which was conducted during July and August 2004, 28,867 children were the subject of care orders or freeing orders on 31 March 2004. 26 cases involved a serious disagreement between medical expert witnesses. Of these, five cases involved a serious disagreement between medical expert witnesses in which any doubt has been expressed about reliability of the evidence following the judgment in R v. Cannings. Of these five cases, the care plan remains unchanged in three cases. In one case the plan had been changed already in light of new information reviewed in 2003 and in one case further consideration of medical evidence by the court is being awaited. The figures collected in this survey will not include any care orders which have previously been discharged through the courts on the basis that it is safe for the child to do so, quite independently of any specific review being undertaken by the local authority. Approximately 1,000 applications for discharge of current care orders are made each year, of which around 80 per cent. are granted. This survey only includes children who are currently under the care of the local authority--not cases where the care order has been discharged. Expert witnesses' medical evidence is only one of the many factors in the complex and difficult decision- making process that surrounds the safeguarding of children through the courts. As the survey shows, very few cases where children are currently being looked after by local authorities depend on the evidence of medical expert witnesses. The courts must have access to the best possible expert witnesses, and the Chief Medical Officer is currently leading a programme of work, expected to be completed by early 2005, to ensure the availability of competent, quality-assured medical expert resources to the family courts. In addition, as I indicated in my statement to the House on 17 June, I am also now issuing a Local Authority Social Services Letter setting out key aspects of the recent Appeal Court cases of Re LB and Re LU, which make clear the implications of the criminal court judgment in R v. Cannings on family proceedings, and also details the case of Dr. Colin Paterson, currently suspended by the General Medical Council, pending an appeal, as a result of his activities as an expert witness.

Date

16 November 2004

Reference

194996; 426 c1289-90W;426 c1293-4W

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for Education and Skills, what consideration is being given in the review of children's cases in the area of the (a) Cumbria County Council, (b) Durham County Council, (c) Northumberland County Council, (d) Sunderland City Council, (e) South Tyneside Council, (f) North Tyneside Council,...

Asked by

Vera Baird (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Tabled on

17 June 2004

For answer on

1 September 2004

Answered on

1 September 2004

Vera Baird: To ask the Secretary of State for Education and Skills what consideration is being given in the review of children's cases in the area of the (a) Cumbria County Council, (b) Durham County Council, (c) Northumberland County Council, (d) Sunderland City Council, (e) South Tyneside Council, (f) North Tyneside Council, (g) North Yorkshire County Council, (h) Newcastle City Council, (i) Hartlepool Council, (j) York City Council, (k) Gateshead Borough Council, (l) Darlington Unitary Authority, (m) Middlesbrough Borough Council, (n) Stockton Council and (o) Redcar and Cleveland Council following the judgement in R v Cannings to what a child should be told about why it was removed from its birth parents, in cases where (i) evidence about Munchhausen's syndrome by proxy, (ii) evidence about factitious disorder by proxy and (iii) other evidence from (A) Professor Meadow and (B) Dr Southall may have played a role in the child's removal but the authority's judgment is that the best interests of the child are in the status quo. [179921] Mr. Stephen Twigg: Information about individual cases in the named local authority areas is not held centrally. Existing guidance says that: "Every young person needs to develop a secure sense of identity and all those with parental or caring responsibilities have a duty to offer encouragement and support in this task. All children-- whether living at home or not--are entitled to expect information about their personal and family history and need to understand their past as well as their present situation." Obviously in practice the imparting of information of this nature is difficult and anyone undertaking this task, for example adopters, foster carers, birth parents or indeed professionals, may need support to be able to help the child to understand their life history in a way that is appropriate to their age and understanding.

Date

1 September 2004

Reference

179921; 424 c766-7W

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for Education and Skills, what age range the Minister for Children's responsibilities cover.

Asked by

Vera Baird (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Date

14 July 2003

Reference

121827; 409 c104W

House

House of Commons

Dept for Education and Skills

To ask the Secretary of State for Education and Skills, whether the Minister for Children has responsibility for (a) children in prison, (b) asylum-seeker children and (c) children of domestic violence victims in refuges.

Asked by

Vera Baird (Labour)

Answering body

Department for Education and Skills

Type

Written questions

Status

Answered

Date

14 July 2003

Reference

121828; 409 c104W

House

House of Commons

Home Office

To ask the Secretary of State for the Home Department, how many (a) male and (b) female officers are employed with juvenile girls at New Hall prison; how many staff at the New Hall prison have had training in child protection; and what this comprised; how many times control and...

Asked by

Vera Baird (Labour)

Answering body

Home Office

Type

Written questions

Status

Answered

Date

27 March 2003

Reference

402 c346W; 104068;104064;104067

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, when the new draft court rules to support the Adoption and Children Bill will be made available for consultation. (Incorrectly printed in Daily Part as Ann Winterton answering question).

Asked by

Vera Baird (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

22 January 2003

Reference

91839; 398 c376W;398 c375W

House

House of Commons

Lord Chancellors Dept

To ask the Parliamentary Secretary, Lord Chancellor's Department, when special measures direction providing for vulnerable or intimidated adult witnesses to use TV link facilities, available under Section 21 of the Youth Justice and Criminal Evidence Act 1999, will be available in all areas; when special measures direction providing for vulnerable...

Asked by

Vera Baird (Labour)

Answering body

Lord Chancellor's Department

Type

Written questions

Status

Answered

Date

15 October 2002

Reference

390 c627-8W;390 c629-30W; 73526;73524;73523;73522;73521;73528;73527;73525

House

House of Commons

Librarians' tools

Type

House

Session

Year

Department

Member

Primary member

Answering member

Legislative stage

Legislation

Subject

Publisher