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Family Mediation Scotland
Motion made, and Question proposed, That this House do now adjourn.--[Mr. Brandreth.]
10.17 pm
Mr. Allan Stewart (Eastwood): I am grateful for the opportunity to raise the important subject of Family Mediation Scotland. I know that my right hon. and learned Friend the Minister of State recognises the importance of the topic, as do Scottish Members of Parliament on both sides of the House, including my hon. Friend the Member for Ayr (Mr. Gallie) and the hon. Member for Moray (Mrs. Ewing) who, I recall, asked me a question on this very topic on 30 March 1994. I see the hon. Member for Edinburgh, Leith (Mr. Chisholm) on the Opposition Front Bench. The hon. Member for Monklands, East (Mrs. Liddell) was courteous enough to apologise to me for being unable to attend because of a particular commitment; I know that she, too, is interested in the subject.
My right hon. and learned Friend's commitment to Family Mediation Scotland was demonstrated this morning, when he met me at short notice. He has given an extremely positive and speedy response to the representations made to him in respect of grants for Family Mediation Scotland under section 10 of the Social Work (Scotland) Act 1968, and he will no doubt want to bring the House up to date tonight.
Mrs. Margaret Ewing (Moray):
I am grateful to the hon. Gentleman, who has always been kind in this context, for giving way. I understand that only six of the 10 services will receive funding. Has the hon. Gentleman any indication of that? We all want the family mediation service to be fully funded at all levels and in each region of Scotland.
Mr. Stewart:
I understand that all the applications have been granted, but I would rather leave the details to my right hon. and learned Friend when he replies to the debate.
Misunderstandings sometimes arise about what mediation is. It should not be confused with arbitration or marriage counselling. It is a voluntary process in which a trained, skilled mediator enables people to negotiate their own mutually acceptable resolutions to issues arising from separation or divorce, especially concerning the continued parenting of children. The advantages of mediation are clear. Although it must be recognised that it will not always be successful, at the other end of the spectrum it can sometimes save marriages. The major advantages of mediation are that it takes place at an early stage and that the children's interests are a priority of the process.
Everyone recognises the desirability of resolving problems, if possible, before they reach the courts. That is in the best interests of parents, children and the legal system.
The Minister of State, Scottish Office (Lord James Douglas-Hamilton):
Will my hon. Friend accept, in response to the point raised by the hon. Member for Moray (Mrs. Ewing), that all who applied have received grants?
Mr. Stewart:
I am grateful to my right hon. and learned Friend for confirming my understanding of the situation. He is to be congratulated on his response to the representations made to him.
How sad it is to hear a husband or wife say in court, "It should never have come to this." That is recognised in legislation, and the availability of accessible family mediation services is essential to the implementation of part I of the Children (Scotland) Act 1995, which my right hon. and learned Friend so ably piloted through the House. Part I of the Act, which was implemented on 1 November 1996, aims to create a new climate within which children experience parental separation and divorce. It is based on the following principles: first, that parental responsibility and rights in relation to children will not be affected by parental divorce; secondly, that co-operative parenting should be the basis of the relationship with children after divorce; thirdly, that parents should seek to take a non-adversarial approach to parental separation and divorce; and, fourthly, that court is not the appropriate place to resolve disputes in relation to children.
Family mediation services provide not only opportunities for parents to resolve disputes but potential on-going support for parents in the co-operative parenting which the Act presumes. The Act also imposes specific obligations on the courts to give children an opportunity to express their views and to have them regarded by the court. As from 1 November last, the courts are obliged to make that further inquiry, which may involve sending an appointed person to seek the child's views. Litigation could become more lengthy and costly, but that could be avoided through mediation. It is crucial that services are readily available to ensure that the spirit of the 1995 Act is implemented.
The Scottish Office is to be congratulated on its early, consistent and sustained support for Family Mediation Scotland through section 10 of the 1968 Act. Funding is available from a variety of other sources--trusts, fees, local authorities and fund-raising by organisations. My right hon. and learned Friend confirmed in his response that applications for continued section 10 funding from Borders, Tayside, Western Isles and Central Scotland have been granted, together with applications for new services in Dumfries and Galloway and in Grampian.
There has been a growth in all-issues mediation--mediation as one process covering issues related to the children, property and financial issues. There are two possible sources of mediation in Scotland, including all-issues mediation: the services provided by the family mediation service, which is the subject of this Adjournment debate, and the services supplied by solicitor-mediators--people who are solicitors and trained mediators.
The Scottish Legal Aid Board launched a pilot project in 1995 to pay out to solicitors as an outlay to a solicitor holding a legal aid certificate or as a payment under the legal advice and assistance scheme. I recognise that the pilot project will need to be evaluated. My right hon. and learned Friend will not be able to give such an evaluation this evening, but I hope that he will accept that the present legislative position seems to create a problem in Scotland, as against that south of the border. Under present legislation, the Scottish Legal Aid Board cannot make a block grant to the family mediation service without primary legislation. I am glad to see the hon. Member for Moray nodding in agreement. I understand that, in England, such a grant can be made under the Family Law Act 1996.
With regard to the pilot project, there is a question about whether it is right to go down the solicitor-mediator route. The training of solicitors is adversarial: that is their role. I do not criticise them for that, but mediation is an entirely different process.
A further question concerns the public expenditure implications of the other methods of financing mediation services. I make no criticism of the hourly rate paid to Scottish solicitors, which I believe to be of the order of £80 an hour under the legal aid arrangements. That is about 10 times the sum that mediators are paid by the family mediation service. Legal aid is demand led, and my right hon. and learned Friend will know the problems that demand-led programmes can create. My right hon. and learned Friend will not be able to provide answers tonight to questions about the pilot project because the evaluation has not been completed, but I hope that he agrees that those questions must be considered seriously. I hope that he will agree also to examine the legislative difference between Scotland and England and Wales, as it is clearly creating problems.
My right hon. and learned Friend's commitment to mediation is extremely well documented and well known. During debate on the recent Children (Scotland) Act 1995, he emphasised that we must put the interests of the child first in this process. I look forward to hearing him respond to the debate tonight. I am happy to give the Floor to my hon. Friend the Member for Ayr (Mr. Gallie), who wishes to make a brief comment.
Mr. Phil Gallie (Ayr):
My hon. Friend will have noticed in the Scottish press comments by the hon. Member for Cunninghame, North (Mr. Wilson) about my right hon. and learned Friend and his ability to listen and take the message on board. It seems that my hon. Friend has certainly been listened to, and he must be delighted by the way in which the message has been taken on board in this instance.
The Minister of State, Scottish Office (Lord James Douglas-Hamilton):
I congratulate my hon. Friend the Member for Eastwood (Mr. Stewart) most warmly on bringing this matter before the House. The presence of my hon. Friend the Member for Ayr (Mr. Gallie) and of the hon. Members for Edinburgh, Leith (Mr. Chisholm) and for Moray (Mrs. Ewing) in the Chamber tonight demonstrates the importance of the subject. In responding to my hon. Friend's speech, I shall try to present our thoughts about the future of family mediation services in Scotland. I will also deal with the future of the organisation, Family Mediation Scotland, which I visited recently.
My hon. Friend has recalled the origins and development of family mediation in Scotland from the time of the establishment of the first service in Lothian in the early 1980s to the service that is now available in almost every part of Scotland. That is truly a remarkable achievement in a relatively short period. Those who pioneered the service in its early days must be proud--and justifiably so--of that achievement. Those who continue to provide and develop family mediation in Scotland must share that feeling of pride. It has not always
been easy for them and they have come through some difficult times, but the sustained growth of a family mediation service in Scotland is a tribute to their determination and perseverance.
10.31 pm
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