Clause 11 - Restraining orders: Northern Ireland
Domestic Violence, Crime and Victims Bill [Lords]
10:45 am
Mr Christopher Leslie (Parliamentary Under-Secretary, Department for Constitutional Affairs; Shipley, Labour)
I appreciate the points made by the hon. Lady. It is important to take note of the fact that, although the provisions under clause 11 are identical to those under clause 10, they apply to Northern Ireland and we must consider them in that context. Although the provisions are identical, there is a different legislative context in Northern Ireland—although the point that the hon. Lady made about criminal law matters not being devolved but held at Westminster is correct, hence the fact that we are discussing them now.
It is important at the outset that I deal with the issues raised by the hon. Lady and reflect especially on the fact that restraining orders are not a punishment, but a preventive means of protecting the victim of a particular crime or a particular individual. Such matters came out of the consultation paper ''Safety and Justice'', which suggested that that was a good way forward. We would be wrong not to offer the benefits of the change in England and Wales to Northern Ireland.
The Solicitor-General and the Attorney-General have been working closely with the Director of Public Prosecutions in Northern Ireland, especially the domestic violence lead, Raymond Kitson. I pay tribute to them for their work. There has been a close dialogue between those involved in such matters in Northern Ireland and those here. I am aware that the Northern Ireland Human Rights Commission exists in a statutory context, but although it was established under the Northern Ireland Act 1998, it was not consulted specifically on restraining orders. However, it was consulted on the wider proposals to extend the Bill and its domestic violence provisions to Northern Ireland. That dialogue continues. Obviously, it is for the House to scrutinise the provisions step by step and to make specific decisions.
I am not a legal expert in this respect, but I understand that in Northern Ireland there is a closer working relationship between the civil, family and criminal sides in the same court environment. In a sense, therefore, many provisions will be somewhat easier to operate.
An order was laid yesterday for debate under the affirmative procedure to introduce ASBOs in Northern Ireland. I am hoping that there will be a debate on that before the summer recess, although I cannot guarantee the parliamentary timetable. I hope that reassures the hon. Member for North Down that we are trying to progress on extending to Northern Ireland some of the extra protections that have been available in England and Wales. Clearly, however, the relevant order has yet to be debated and agreed, and I would not want to pre-empt that process.
In general, I hope that the hon. Lady agrees that many issues of domestic violence and of the wider protection of persons from harassment or the fear of violence apply equally in Northern Ireland and in England and Wales. It is important that we have these provisions. We are seeking to achieve a realignment,
regardless of the jurisdiction. That is why clause 11 is in the Bill and I hope that it will be allowed to stand part of it.