HC Deb 28 June 1999 vol 334 cc40-1W
Mr. Kidney

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will make a statement on the availability of legal aid for family mediation under the provisions of the Access to Justice Bill[Lords]. [88008]

Mr. Vaz

The current availability of legal aid for family mediation, contained in Part III of the Family Law Act 1996, will be maintained following the implementation of the Access to Justice Bill. The detailed provisions, including the assessment of the suitability of cases for mediation under section 29 of the Family Law Act, will be contained in the Funding Code, which is being developed by the Legal Aid Board for use by the future Legal Services Commission in assessing applications for public funding. The Bill provides that the criteria set out in the Code shall reflect the principle that, in many family disputes, mediation will be more appropriate than court proceedings. The Board is currently assessing responses to a consultation paper on the Code. Before coming into effect, the Code will be subject to Parliamentary approval through the affirmative procedure. Only organisations with a suitable contract will be able to conduct family mediation sessions for publicly funded clients.

Mr. Kidney

To ask the Parliamentary Secretary, Lord Chancellor's Department if he will list the measures taken by his Department since May 1997 to support family mediation. [88006]

Mr. Vaz

Since May 1997 the provision of publicly funded mediation for family proceedings under Part III of the Family Law Act has been implemented by means of contracts for family mediation services granted by the Legal Aid Board. Funding has been provided to assist national mediation bodies and local mediation services with the development of mediation services to meet the contract requirements in appropriate circumstances. The provisions of Section 29 of the Family Law Act, requiring applicants for legal aid funding for family proceedings to attend a meeting to consider whether mediation might be suitable for their case, have been implemented across England and Wales on a pilot basis and the pilot will be extended later this year.

Mr. Kidney

To ask the Parliamentary Secretary, Lord Chancellor's Department what measures his Department intends to take to promote an increased take-up of family mediation. [88007]

Mr. Vaz

The provision of legal aid funding for mediation in family disputes is already available in many areas and will be made available throughout England and Wales. As part of the process of providing publicly funded mediation, funding is being provided for the support and development of mediation services in appropriate circumstances. The provisions of Section 29 of the Family Law Act, requiring applicants for legal aid funding for family proceedings to attend a meeting to consider whether mediation might be suitable for their case, are being implemented in some areas on a pilot basis and will also be implemented throughout England and Wales.