Clause 10 - restraining orders: England and Wales
Domestic Violence, Crime and Victims Bill [Lords]
9:10 am
Mr David Heath (Shadow Minister (Home Affairs), Home Affairs; Somerton and Frome, Liberal Democrat)
I have a good deal of sympathy for the comments made by the hon. Member for Beaconsfield (Mr. Grieve). I shall primarily discuss amendment No. 34, which comes from a similar point. As I understand it, the procedure is that a victim may make representations and has a right to be heard on the variation or removal of an order. That being the case, it seems extraordinarily perverse that there is no right to be heard at the making of the order in the first instance.
The Minister in another place argued that such a provision was unnecessary for two reasons. First, because of the nature of the evidence that is given, the person is likely to be present in the court. Although there may be occasions when they are not, I accept that they often will be, or that they will be represented even if they are not physically present. The second argument is that the court, because it will have heard all the evidence in the main case, should not have to take other matters into account at the point of making the order.
As the hon. Member for Beaconsfield usefully pointed out, other evidence or circumstances that were not admissible or that were irrelevant to the main case may be admissible or relevant to the making of a restraining order. For that reason, my amendment simply provides for the victim to be heard at the point at which the order is made. It makes the procedure analogous to that which is spelled out in the Bill for the variation or revocation of an order, where it is clear that it is important that everyone who is a party to the order has the opportunity to be heard. I hope that the Minister will be sympathetic to the intention of the amendment and also to its content. It is a simple, small amendment that is in the spirit of the Government's proposals. It would make the situation explicit for the courts, and it would improve on the current position.