HC Deb 20 July 2004 vol 424 cc193-5W
Lady Hermon

To ask the Secretary of State for Northern Ireland what public consultation was undertaken in Northern Ireland by his Department in relation to the introduction in the Domestic Violence, Crime and Victims Bill of non-jury trials for those unfit to stand trial; and if he will make a statement. [183667]

Mr. Spellar

There are no measures in the Domestic Violence, Crime and Victims Bill that provide for non-jury trials for those unfit to stand trial. However, clauses 22 and 23 of that Bill relate to pre-trial hearings on fitness to plead and will give the judge, rather than jury, the responsibility for determining fitness to plead on mental health grounds.

Based on a recommendation of the Auld Review of the Criminal Courts, the opportunity arose through the Domestic Violence, Crime and Victims Bill to apply this valuable measure to Northern Ireland. Given the timetable of the Bill and the opportunity presented, a public consultation was not possible.

Lady Hermon

To ask the Secretary of State for Northern Ireland what consultations took place between his Department and the Home Office in relation to the introduction in the Domestic Violence, Crime and Victims Bill of non-jury trials for those unfit to stand trial in Northern Ireland; and if he will make a statement. [183606]

Mr. Spellar

There are no measures in the Domestic Violence, Crime and Victims Bill that provide for non-jury trials for those unfit to stand trial. However, clauses 22 and 23 of that Bill relate to pre-trial hearings on fitness to plead and will give the judge, rather than jury, the responsibility for determining fitness to plead on mental health grounds.

My officials have been and continue to be in close contact about provisions that fall within the Domestic Violence, Crime and Victims Bill, including those which relate to non-jury pre-trial hearings on fitness to plead.

Home Office officials have advised my officials of developments in relation to this measure and both Departments have worked closely together to keep the arrangements for Northern Ireland in line with those proposed for England and Wales and to ensure that this valuable provision is applied within Northern Ireland.

Lady Hermon

To ask the Secretary of State for Northern Ireland what public consultation was undertaken in Northern Ireland by his Department in relation to the introduction of the Domestic Violence, Crime and Victims Bill of restraining orders on acquittal; and if he will make a statement. [183604]

Mr. Spellar

The Government's proposal to improve restraining orders and extend their availability in Northern Ireland was included in the Northern Ireland domestic violence consultation paper "Tackling Violence at Home".

The public consultation period ran from mid October to mid December 2003 in addition to which my officials carried out 11 workshops across Northern Ireland on the proposals contained in the consultation document. The proposal to make restraining orders available on acquittal was highlighted at each of these workshops. In addition to comments made at these sessions some further 70 written consultation responses were received.

The responses were unanimously in agreement with extending the use of restraining orders, especially for offences of violence against the person. Respondents considered that this provided extra support and protection to victims.

Lady Hermon

To ask the Secretary of State for Northern Ireland what consultation; took place between his Department and the Home Office in relation to the introduction in the Domestic Violence, Crime and Victims Bill of restraining orders on acquittal in Northern Ireland; and if he will make a statement. [183605]

Mr. Spellar

Officials from both the Home Office and Northern Ireland Office are represented on the UK-wide Domestic Violence Virtual Group which was established to shadow the Inter-Ministerial Group on Domestic Violence, of which my colleague, Angela Smith, MP (the Under-Secretary of State for Northern Ireland) is a member.

The work of the Domestic Violence Virtual Group has consequently ensured that consultation on domestic violence issues is continuous between officials of both the Northern Ireland Office and the Home Office.

In addition my officials continue to be in close contact with the Home Office about issues arising from and relating to the Domestic Violence. Crime and Victims Bill. Both Departments have been in consultation and discussion regarding the introduction of restraining orders on acquittal at each stage of the drafting and parliamentary processes.