Indeed, the Minister was more concerned to avoid the number of false allegations that he seems to regard as the major difficulty with domestic abuse cases. Opposition Members are far more concerned about the protection of vulnerable victims and believe that that should be the first and overarching priority. [Hon. Members: ““Hear, hear.””]
Finally, I want to say a little more than I was able to raise in interventions about the use of mediation. Of course we all want to see mediation used wherever it is appropriate and possible for separating couples to reach agreement through that route. We also know, however, that one thing that is particularly damaging to children is conflict. If there is a high degree of conflict, it is unlikely, even if domestic violence or abuse is absent, that mediation is going to be effective or can possibly work.
We are therefore again a bit puzzled about the Minister's intentions on the use of mediation. I think he said earlier that the requirement was not to undertake mediation but to go through a process through which it would be determined whether mediation was suitable for a separating couple. Then he said that there would be no compulsion on people to accept mediation. Well, that is certainly true, but if there is no other form of help or assistance available, it is very much a Hobson's choice.
Can the Minister see any scope for extending access to legal aid to those small number of cases where there is a high degree of conflict and perhaps no abuse or violence as such, but where the conflict would certainly be damaging to the well-being of children? What assessment has he made of that? What does he consider might be the extent of such cases? Has he any idea or any calculation? What consideration has he given to the impact on children and will he look at ways to offer particular protection to children from the very harmful effects of conflict, which we all know to be the case?
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Kate Green
(Labour)
in the House of Commons on Monday, 31 October 2011.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
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534 c671 
Session
2010-12
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2023-12-15 13:46:29 +0000
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