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What steps the Government is taking to encourage divorcing couples to reconcile.

Asked by
Eddie Hughes (Conservative)
Answering body
Ministry of Justice
Oral questions - Lead
Status
Answered
Date
9 July 2019
Reference
911800; 663 cc137-9
House
House of Commons

What steps his Department is taking to provide counselling to couples seeking a divorce.

Asked by
Desmond Swayne (Conservative)
Answering body
Ministry of Justice
Oral questions - Lead
Status
Answered
Date
9 July 2019
Reference
911817; 663 cc137-9
House
House of Commons

What assessment his Department has made of the effectiveness of sentences of less than three months in reducing reoffending.

Asked by
Patrick Grady (Scottish National Party)
Answering body
Ministry of Justice
Oral questions - Lead
Status
Answered
Date
9 July 2019
Reference
911801; 663 cc139-140
House
House of Commons

What recent progress he has made on probation reform.

Asked by
Lord Hanson of Flint (Labour)
Answering body
Ministry of Justice
Oral questions - Lead
Status
Answered
Date
9 July 2019
Reference
911804; 663 cc144-5
House
House of Commons

What steps his Department has taken to prepare for the UK leaving the EU without a deal; and if he will make a statement.

Asked by
Stuart C McDonald (Scottish National Party)
Answering body
Ministry of Justice
Oral questions - Lead
Status
Answered
Date
9 July 2019
Reference
911805; 663 cc145-6
House
House of Commons

If he will make a statement on his departmental responsibilities.

Asked by
Marsha De Cordova (Labour)
Answering body
Ministry of Justice
Topical questions - Lead
Status
Answered
Date
9 July 2019
Reference
911822; 663 c149
House
House of Commons

When people make the difficult decision to divorce, the evidence suggests that counselling will often be too late at that stage. Seeking counselling would be a personal choice for those involved. For counselling to bring a change of direction, it would require the willing co-operation of both people in the marriage. We will look at the information available to people who are contemplating divorce to see whether we can strengthen signposting to marriage counselling, and our Bill will provide the opportunity for parties to reflect on the decision to divorce by introducing a minimum timeframe within the legal process. Couples who can reconcile will be able to do so.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c137
House
House of Commons

I think there is a wider debate to be had about how Government as a whole can address issues that lead to relationship breakdown. Simply funding marriage support services may not address the heart of

the issue or reach the people who need help most at the right time, but I agree that there is a need to test what works to help couples to stay together, and I am happy to listen to the arguments about that.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c137
House
House of Commons

Family mediation offers a way to resolve child or financial arrangements without litigation, and child contact centres provide safe, neutral venues where separated couples can build sustainable long-term child arrangements. In reforming the legal process for divorce, we will look to strengthen how couples are signposted to such services. My right hon. Friend refers to counselling, a service for people whose relationships are in trouble. As well as using services such as Relate, many people draw on family, friends and others they can trust. A marriage is more likely to be saveable before the legal process of divorce has begun.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c138
House
House of Commons

As I said earlier, there is a wider debate on this matter. I believe that the earlier such support can be provided, the better. When it comes to reform of divorce law, my argument is that by that stage it is often too late. In any event, the current requirement in our divorce law to attribute blame and fault makes it all the harder for marriages to be reconciled.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c138
House
House of Commons

I do agree with my hon. Friend, and I am interested by the insights into the Bottomley household. The fact that our current divorce laws introduce conflict at the point of divorce can make the break-up of relationships more confrontational than it needs to be in what are already difficult circumstances.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c138
House
House of Commons

There is persuasive evidence that short custodial sentences do not work for the purposes of rehabilitation and helping some offenders to turn their backs on crime. They are highly disruptive to people’s lives, and provide little time for the Prison Service to do any meaningful rehabilitative work. In certain circumstances, community sentences are more effective in reducing reoffending and addressing offenders’ needs. Unless we tackle the underlying causes of reoffending, we cannot protect the public from being victims of crime. There is a strong case for abolishing short custodial sentences, with some exceptions, and I shall set out proposals shortly.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c139
House
House of Commons

“Shortly” means “shortly”. [Laughter.] I am not going to elaborate on that, but I will say that in considering sentencing reform it is necessary also to look more broadly at the probation system. That is why I recently announced proposals to reform probation that will inform offender management and strengthen confidence in probation. However, I advise the hon. Gentleman to watch this space.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c139
House
House of Commons

I entirely agree with the Chairman of the Justice Committee. If we put people inside for a short time—for instance, prolific shoplifters—we want to address that criminality, but all that we actually do is make them more likely to reoffend and continue to be prolific criminals. Evidence shows that when it comes to reoffending rates, community sentences work better, but we need to do everything we can to ensure that they can be improved.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c139
House
House of Commons

My hon. Friend is right to highlight that point, and much though I believe that we should make rapid progress in this area, I think that we should do so in a way that ensures the system works properly, and I do think that the link with, for example, strengthening community sentences and the way the probation system works is very important. I hope that we are moving in a direction whereby we can make progress and we focus on ensuring that these prolific petty offenders do not reoffend and we are led by the evidence on what is the most effective way to achieve that, and my sense is that there is a large cross-party consensus on this point.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c140
House
House of Commons

Again, we have been led by the evidence. Offender management is not working as we need it to work with regard to the CRCs, but some of the other activity CRCs do is done very well: there is good innovation and good measures are taken, and we should recognise that. So I believe the private and voluntary sectors have a significant role to play, but it is different from the role played until now. In terms of commissioning and so on, I believe we need to ensure that reflects local circumstances and that is part of our plans.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c140
House
House of Commons

I am pleased to have announced plans to streamline probation delivery, through the National Probation Service, to build on the role of the private and voluntary sectors in driving innovation and to better support skilled probation officers. These changes will allow the public, private and voluntary sectors to play to their strengths and ensure stronger supervision and support for offenders. We are now developing the commercial and operational frameworks that will underlie the future system, and we are planning for the transition. We are undertaking a full programme of market engagement to inform our plans, in addition to engagement with probation staff and trade unions.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c144
House
House of Commons

First, “Transforming Rehabilitation” introduced bold reforms, and steps have been taken to ensure there is more innovation within our system, but I recognise that significant elements of it are not working as needed, which is why we have made the changes.

On the right hon. Gentleman’s point about costs, it is worth bearing in mind that we originally expected to spend £3.1 billion on community rehabilitation companies over a seven-year period, and we now expect to spend £2.7 billion over the same period. In other words, over the lifetime of the contracts, we now expect to spend £405 million less on CRCs than originally forecast.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c144
House
House of Commons

We will look at the specific case my hon. Friend raises, but we have already intervened to ensure those charities that have lost out as a consequence of what happened with Working Links receive support. I will make sure I look at her individual case.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c144
House
House of Commons

To be fair to the CRCs, I am not sure that any of them is taking steps to get profits—but perhaps to reduce their losses. In truth, the shareholders of CRCs have somewhat subsidised probation services in recent years. We will hold the CRCs to their contractual obligations and ensure they deliver what they are contractually obliged to deliver.

Answered by
David Gauke (Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Date
9 July 2019
Reference
663 c145
House
House of Commons