Chamber
Plenary, 14 Sep 2000
14 Sep 2000 · S1 · Plenary
Item of business
Family Law
I broadly welcome today's white paper and the Minister for Justice's announcements. The white paper's proposals are particularly welcome in several areas; for example, those concerning separation and grounds for divorce are appropriate in our society. However, I understand that they might be controversial in some quarters and I wonder whether it might be useful to ameliorate some of that controversy by giving the role of mediation a much higher profile.
The minister said on 20 January that he did not intend to make mediation compulsory, but I wonder whether it might be worth considering that, at least in relation to mediation of the divorce rather than mediation with intent to bring about reconciliation—the two things are different. That might help in dealing with the controversy.
I welcome the provisions in chapter 7 of the white paper that deal with the financial provisions for cohabitants. That issue was raised in the statement in January and I am glad that movement has been made, although I await the details.
While I welcome the moves that have been made regarding unmarried fathers and step-parents, I still hope that there will be mention at some point of an enhanced role for grandparents. I am sure that all members have received correspondence from the organisations that are being set up to try to place grandparents at the centre of the family, especially as regards their role in relation to young children. The statement says nothing about grandparents, nor does the original consultation document. I want the minister to recognise that the issue is felt strongly in the country. Perhaps the role of grandparents could be considered with a view to enhancing it.
Domestic violence is the most important subject that I want to talk about, and there will obviously be a difference of opinion between the Justice and Home Affairs Committee and the Executive on the best way of dealing with it. Will the minister give a commitment that any Executive proposals on dealing with domestic violence will be treated urgently and will not be wrapped up with a general family law bill that might not be approached as urgently as domestic violence ought to be, particularly when the issues relate directly to the threat of violence?
Many of the points in the statement are about property and the Matrimonial Homes (Family Protection) (Scotland) Act 1981. As the minister knows, the Justice and Home Affairs Committee decided that that was a complicated and cumbersome approach and that there might be a simpler way of dealing with the threat of violence. I want the minister to give a commitment that legislation on domestic violence will not be held back because of a bigger, less controversial bill on family law in general.
The minister said on 20 January that he did not intend to make mediation compulsory, but I wonder whether it might be worth considering that, at least in relation to mediation of the divorce rather than mediation with intent to bring about reconciliation—the two things are different. That might help in dealing with the controversy.
I welcome the provisions in chapter 7 of the white paper that deal with the financial provisions for cohabitants. That issue was raised in the statement in January and I am glad that movement has been made, although I await the details.
While I welcome the moves that have been made regarding unmarried fathers and step-parents, I still hope that there will be mention at some point of an enhanced role for grandparents. I am sure that all members have received correspondence from the organisations that are being set up to try to place grandparents at the centre of the family, especially as regards their role in relation to young children. The statement says nothing about grandparents, nor does the original consultation document. I want the minister to recognise that the issue is felt strongly in the country. Perhaps the role of grandparents could be considered with a view to enhancing it.
Domestic violence is the most important subject that I want to talk about, and there will obviously be a difference of opinion between the Justice and Home Affairs Committee and the Executive on the best way of dealing with it. Will the minister give a commitment that any Executive proposals on dealing with domestic violence will be treated urgently and will not be wrapped up with a general family law bill that might not be approached as urgently as domestic violence ought to be, particularly when the issues relate directly to the threat of violence?
Many of the points in the statement are about property and the Matrimonial Homes (Family Protection) (Scotland) Act 1981. As the minister knows, the Justice and Home Affairs Committee decided that that was a complicated and cumbersome approach and that there might be a simpler way of dealing with the threat of violence. I want the minister to give a commitment that legislation on domestic violence will not be held back because of a bigger, less controversial bill on family law in general.
In the same item of business
The Presiding Officer (Sir David Steel):
NPA
Good morning. Our first item of business this morning is a statement by Mr Jim Wallace on family law.
The Deputy First Minister and Minister for Justice (Mr Jim Wallace):
LD
There can be few subjects as important for our Parliament to deal with as family law. The family is all-important to the welfare of society and, especially, ...
The Presiding Officer:
NPA
Although the statement is important, I appeal for short exchanges, as we are under heavy pressure from members who want to speak in the debate on transport.
Roseanna Cunningham (Perth) (SNP):
SNP
I broadly welcome today's white paper and the Minister for Justice's announcements. The white paper's proposals are particularly welcome in several areas; fo...
Mr Wallace:
LD
I thank Roseanna Cunningham for her general welcome for the proposals and I look forward to working with her and the Justice and Home Affairs Committee in th...
Phil Gallie (South of Scotland) (Con):
Con
I thank the minister for the copy of his statement, and I generally welcome its contents. I particularly welcome his support for marriage, and his words that...
Mr Wallace:
LD
I welcome Mr Gallie's general welcome for the proposals. He raised the question of marriage, and I can confirm what I indicated on the subject in my statemen...
The Presiding Officer:
NPA
Now that the Opposition parties have had their say, I appeal for short questions and answers, as many members want to speak.
Maureen Macmillan (Highlands and Islands) (Lab):
Lab
I welcome the Deputy First Minister's statement and echo what Roseanna Cunningham said about the Justice and Home Affairs Committee's proposed bill on domest...
Mr Wallace:
LD
I shall deal with that last point first. In talking about joint registration, we mean joint registration with the consent of both parties. I hope that that a...
Euan Robson (Roxburgh and Berwickshire) (LD):
LD
I thank the minister for his statement and the white paper. I welcome the increase in funding for mediation services. Will the minister consider extending fu...
Mr Wallace:
LD
I thank Euan Robson for his welcome for the proposals. My colleague Jackie Baillie announced in March this year that we had approved 48 projects to assist vi...
Christine Grahame (South of Scotland) (SNP):
SNP
I was a practising family lawyer until I was elected to the Parliament and in that time I am afraid I dealt with only one reconciliation.I have three small p...
The Presiding Officer:
NPA
Short questions.
Christine Grahame:
SNP
They are very short questions. Would Mr Wallace reconsider the position on grandparents, who will not have recourse to mediation services at the moment? I we...
Mr Wallace:
LD
I do not think that there is much to add on grandparents, except that Christine Grahame is making a slightly different point about access to mediation servic...
Pauline McNeill (Glasgow Kelvin) (Lab):
Lab
I particularly welcome the theme of the statement, that the welfare of children is the ultimate objective. My question on the new provision of one-year divor...
Mr Wallace:
LD
I am certainly prepared to try to get further information on the length of time that things take, but Pauline McNeill and the Parliament will appreciate that...
Robert Brown (Glasgow) (LD):
LD
In relation to the Matrimonial Homes (Family Protection) (Scotland) Act 1981, is there any intention to widen the grounds of application, in terms of occupan...
Mr Wallace:
LD
I cannot give an immediate or definite answer to Robert Brown. I understand his point. There are some proposals to amend the law in terms of occupancy. I wil...
Malcolm Chisholm (Edinburgh North and Leith) (Lab):
Lab
I welcome the power of arrest that is to be attached to a greater number of interdicts. I also welcome the fact that the changes to parental rights are not t...
Mr Wallace:
LD
As I said in my statement, we hope to put the funding arrangements on a better statutory footing. I am sure that One Parent Families Scotland will be able to...
Mr Gil Paterson (Central Scotland) (SNP):
SNP
I add my voice to the congratulations to the minister on his statement. Does the Executive consider that further protection is needed for children, especiall...
Mr Wallace:
LD
Issues of contact are determined by the courts on the important ground of the best interests of the child. I am aware, and I am sure that Gil Paterson is awa...
Dr Richard Simpson (Ochil) (Lab):
Lab
I welcome the minister's statement. Will the minister give considerations to the rights of the child in respect of access to medical information where the ch...
Mr Wallace:
LD
I can tell that the issue of access by grandparents to children will be raised in response to the consultation. As I suggested earlier, if members have propo...
Mrs Lyndsay McIntosh (Central Scotland) (Con):
Con
Is the minister aware of the comments of Lady Justice Butler-Sloss, the president of the family division of the High Court, who has spoken out against parent...
Mr Wallace:
LD
It is perhaps more important that those views are considered by the courts when they come to determine individual cases. It is important that every case is c...
Nora Radcliffe (Gordon) (LD):
LD
The discrimination legislation means that it is illegal to discriminate on the ground of sexual orientation and, therefore, it is implicit that the term co-h...
Mr Wallace:
LD
I remind Nora Radcliffe of my comments on 20 January, when I said that there are no plans to make changes to the law in relation to same-sex couples. The pro...