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'(1) The Lord Chancellor may not bring into effect the provisions set out in Schedule 2 of this Act, unless-
(a) the Lord Chancellor has commissioned a full independent review and evaluation of-
(i) the operation of Part 2 of this Act, and
(ii) the impact of the new guidelines on reporting restrictions introduced on 27 April 2009,
(b) the conclusions of the independent review have been set out in a report which has been laid before Parliament.
(2) No review for the purposes of subsection (1) may be commenced before the end of the period of 18 months beginning with the time section 32 comes into force and a full review has been completed of the findings from the pilot allowing for the publication of anonymised judgments alone.'.- (Mr. Bellingham.)
Brought up, and read the First time.
Mr. Henry Bellingham (North-West Norfolk) (Con): I beg to move, That the clause be read a Second time.
Madam Deputy Speaker: With this it will be convenient to discuss the following: new clause 6- Amendment of definitions-
'(1) The Lord Chancellor may not amend-
(a) the definition of "relevant family proceedings" in section 32(5);
(b) the definition of "professional witness" in section 41(1);
(c) Schedule 3 (list of sensitive personal information) by order made by statutory instrument unless-
(i) the Lord Chancellor has commissioned an independent review of the existing definitions, and
(ii) the conclusions of the independent review have been set out in a report which has been laid before Parliament.
(2) No review for the purposes of subsection (1) may be commenced before the end of the period of 18 months beginning with the time section 32 comes into force and the independent review has been completed.'.
New clause 7- Limitations on publication of information-
'The court shall only permit publication of information relating to a case in family proceedings for the purposes of this Act upon the availability of the relevant judgment to that particular case and not before.'.
New clause 8- Uncontested adoption proceedings-
'Part 2 of this Bill shall not apply to uncontested adoption proceedings under the Adoption and Children Act 2002.'.
New clause 9- Identification information-
'For the purposes of this Act, an account of proceedings, or of any part of proceedings, shall be taken to identify a person ("identification information") if-
(a) it contains any particulars of-
(i) the name, title, pseudonym or alias of the person;
(ii) the address or description (physical or by value) of any premises at which the person resides or works, or the locality in which any such premises are situated;
(iii) the physical description or the style of dress of the person;
(iv) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person;
(v) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person;
(vi) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(vii) any real or personal property in which the person has an interest or with which the person is otherwise associated; being particulars that are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the accounts disseminated, as the case requires;
(b) in the case of a written or televised account or an account by other electronic means - it is accompanied by a picture of the person; or
(c) in the case of a broadcast or televised account or an account by other electronic means - it is spoken in whole or in part by the person and the person's voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.'.
New clause 19- Review of family proceeding provisions-
'(1) The Lord Chancellor must commission an independent review of the operation of Part 2 of this Act and set out the conclusions of the review in a report to be laid before Parliament and considered by the Justice Committee of the House of Commons.
(2) The review for the purposes of subsection (1) must not be commenced before completion of the evaluation of the family courts information pilot or the end of the period of 18 months beginning with the time section 32 comes into force, whichever is the later.'.
Amendment 4, in clause 32, page 28, line 8, after 'publisher', insert 'or author'.
Amendment 5, page 28, line 8, at end insert-
'(a) published only after the judgement is available and is'.
Amendment 6, page 28, line 9, after first 'the', insert 'anonymised'.
Amendment 7, page 28, line 12, leave out 'or'.
Amendment 8, page 28, line 13, at end insert 'or,
'(d) limited disclosure at the request of the parties involved, or upon the Court's own motion in circumstances not covered by the Family Proceedings Rules part XI, as authorised by the powers of Court.'.
Amendment 9, page 28, line 33, at end insert-
'(h) applications under Part II of the Matrimonial Causes Act 1973 (financial relief for parties to a marriage and children of family);
(i) applications under Schedule 1 of the Children Act 1989 (financial provision for children).'.
Amendment 10, page 28, line 34, leave out subsection 6 and insert-
'(6) The Lord Chancellor may not amend the definition of "relevant family proceedings" in subsection (5) by order made by statutory instrument unless-
(a) the Lord Chancellor has commissioned an independent review of the existing definition, and
(b) the conclusions of the independent review have been set out in a report which has been laid before Parliament.
(6A) No review for the purposes of subsection 6 may be commenced before the end of the period of 18 months beginning with the time section 32 comes into force.'.
Amendment 11, page 28, line 34, leave out subsections (6) to (8).
Government amendments 112 to 115.
Amendment 12, in clause 33, page 29, line 12, at end insert
'with agreement of other interested parties related to the case.'.Amendment 13, page 29, line 13, leave out 'may permit' and insert
'will always make it clear that'.
Amendment 14, page 29, line 13, after 'section', insert 'can be'.
Amendment 15, in clause 34, page 29, line 26, after 'representative', insert
'or other member of any news gathering or reporting organisation or any freelance journalist'.Amendment 16, page 29, line 30, after 'representative', insert
'or other member of any news gathering or reporting organisation or any freelance journalist'.Amendment 17, page 29, line 41, leave out 'or'.
Amendment 18, page 29, line 43, at end insert 'or
(v) sensitive or personal financial information'.
Amendment 19, page 30, line 10, after 'court', insert
'and in accordance with the limitations imposed by the Act'.Amendment 20, page 30, line 13, at end insert-
'(6A) Condition 6 is that the information is not recorded by an accredited news representative or other member of any news gathering and/or reporting organisation or any freelance journalist other than through hand-written or hand-typed notes, and is not recorded visually or audibly.
(6B) Condition 7 is that the publication shall not contain details of any written or oral disclosure by a child or any medical details of a child.'.
Amendment 21, in clause 35, page 30, line 25, after first 'the', insert 'wider'.
Amendment 22, page 30, line 26, leave out 'a person' and insert 'any of the parties'.
Amendment 23, page 30, line 37, leave out 'involved in, referred to in or otherwise' and insert 'directly.'.
Amendment 24, in clause 37, page 32, line 19, leave out 'or'.
Amendment 25, page 32, line 19, at end insert-
'(ba) the information is also sensitive or personal financial information relating to the proceedings, or'.
Government amendments 118 and 119.
Amendment 26, in clause 38, page 32, line 29, leave out 'reason' and insert 'reasonable cause'.
Amendment 27, page 32, line 35, leave out 'reason' and insert 'reasonable cause'.
Amendment 30, in page 33, line 12, leave out clause 40.
Amendment 28, in clause 40, page 33, line 19, leave out paragraphs (a) and (b) and insert-
'(a) the Lord Chancellor has commissioned an independent review of the operation of Part 2 of this Act, and
(b) the conclusions of the independent review have been set out in a report which has been laid before Parliament'.
Amendment 29, page 33, line 23, leave out subsection (4) and insert-
'No review for the purposes of subsection (3)(a) may be commenced before-
(a) the end of the period of 18 months beginning with the time section 32 comes into force, and
(b) a full review has been completed of the findings from the pilot allowing publication of anonymised judgments alone.'.
Amendment 31, in clause 41, page 33, leave out from beginning of line 42 to end of line 2 on page 34 and insert-
'An account of proceedings, or of any part of proceedings, shall be taken to identify a person if-
(a) it contains any particulars of-
(i) the name, title, pseudonym or alias of the person;
(ii) the address or description (physical or by value) of any premises at which the person resides or works, or the locality in which any such premises are situated;
(iii) the physical description or the style of dress of the person;
(iv) any employment or occupation engaged in, profession practised or calling pursued, by the person or any official or honorary position held by the person;
(v) the relationship of the person to identified relatives of the person or the association of the person with identified friends or identified business, official or professional acquaintances of the person;
(vi) the recreational interests, or the political, philosophical or religious beliefs or interests, of the person; or
(vii) any real or personal property in which the person has an interest or with which the person is otherwise associated; being particulars that are sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires;
(b) in the case of a written or televised account or an account by other electronic means, it is accompanied by a picture of the person; or
(c) in the case of a broadcast or televised account or an account by other electronic means, it is spoken in whole or in part by the person and the person's voice is sufficient to identify that person to a member of the public, or to a member of the section of the public to which the account is disseminated, as the case requires.'.
Government amendments 124 to 132.
Amendment 32, page 34, line 49, at end insert-
'(c) is a person who has provided a sworn statement to the court within the relevant proceedings.'.
Amendment 33, page 34, line 50, leave out subsection (3) and insert-
'(3) The Lord Chancellor may not amend-
(a) the definition of "professional witness" in subsection (1);
(b) Schedule 3 (list of sensitive personal information) by order made by statutory instrument unless-
(i) the Lord Chancellor has commissioned an independent review of the existing definition, and
(ii) the conclusions of the independent review have been set out in a report which has been laid before Parliament.'.
Amendment 34, page 34, line 50, leave out subsections (3) to (5).
Amendment 91, in page 46, line 10, leave out schedule 2.
Mr. Bellingham: I should declare my interest as a barrister, albeit one who has not practised for quite a long time.
Part 2 of the Bill was not debated in Committee. Unfortunately-indeed, scandalously-it is not going to be debated this evening either. That is a great pity, because it contains significant changes. In our view, those changes should have formed a separate Bill in its own right, rather than being tacked on to this important Children, Schools and Families Bill. This is a shabby way in which to treat those involved in the family courts, from the judges through to all the other professionals, including those who work for the Children and Family Court Advisory and Support Service and the expert witnesses who appear in the family courts day in and day out, as well as the families and children themselves.
The Opposition have consistently argued for more openness and transparency in the family courts. We have also regularly emphasised the need for greater consistency between the courts. The press have been allowed into the youth justice courts for the past 70 years, and Judge Nicholas Crichton pointed out to the Public Bill Committee that they have always been allowed into the family proceedings courts, which are of course magistrates courts. Furthermore, the press are allowed into the Court of Appeal when family cases end up there on appeal. Where the problem lay was in the county courts and the family division of the High Court.
Our family courts play a vital role in our justice system, but confidence and trust in them is eroded if their work is constantly shrouded in secrecy. That is exactly what has happened in the past. That is why we pressed the Secretary of State hard to take action, and we warmly welcomed his announcement in December 2008 of the new rules that were to come into force in April 2009. The rules of court were then changed to allow media attendance in all family courts, subject to reporting restrictions and to the court having the power to exclude completely, where appropriate. That was a significant step forward.
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