Memorandum by Leonid Yanovich
1. WHETHER THE
PROPOSED CONTACT
PROVISIONS, INCLUDING
ENFORCEMENT, ARE
APPROPRIATE AND
PROPORTIONATE
(a) Part 1 section 4(7) "In determining
the amount of compensation payable by the person in breach, the
court must take into account the person's financial circumstances."
This paragraph discriminates offenders based
on their income. This is a clear license to offend with impunity
for those living on benefits. Accountability for actions must
be equal for all, save the mentally ill people. Therefore, this
paragraph must be removed.
(b) Schedules Part 2 section 6(3) "The
court may extend the period of its own motion or on an application
by the person in breach."
I believe that it should read ". . . or
on an application by the applicant". I can't see that the
person in breach would apply for an extension of enforcement.
2. WHETHER THE
PROPOSED CONTACT
PROVISIONS, INCLUDING
ENFORCEMENT, ARE
WORKABLE
(a) It is not clear what the legislators
can achieve by imposing a curfew.
(b) Part 1 section 3(9) "In making
an enforcement order, a court must take into account the welfare
of the child concerned."
and Part 1 section 4(9) "In exercising
its powers under this section, a court is to take into account
the welfare of the child concerned."
There are loopholes here, as any enforcement
can be argued to affect the child's welfare and hence in practice
undermine the proposed Bill. It should be rephrased so that the
child's welfare should be taken into account (perhaps with an
involvement of another parent) while enforcement is taking place.
3. JOINT COMMITTEE
MEMBERS' INTERESTS
Some of the Joint Committee members may have
a conflict of interests or a potential prejudice based on their
previous work. From the Members' Registered Interests I can see
the following:
(a) Vera Baird MP: involvement with Women's
Aid work in Redcar.
(b) Ann Coffey MP: social worker before entering
Parliament.
(c) Jonathan Shaw MP: social worker before
entering Parliament.
(d) Howarth of Breckland, Baroness: Regular
remunerated employmentBoard Member (deputy chair) of CAFCASS.
(e) Gould of Potternewton, Baroness: Office-holder
in voluntary organisationsChair, East Sussex Women's Refuge
Projectfund raising committee Chair/Trustee; Voluntary
organisationsPatron, Forward Patron, Brighton Women's Centre.
24 February 2005
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