Speeches by Mullan.

“If the answer to those failures is training and systemic reform—and I believe that absolutely has a role—that reform should be directed at the failing institutions. We do not necessarily need a statutory provision that cannot, as we have heard from the Government’s own admission, be consistently shown to be the cause o…”

“An issue that has received insufficient attention in this debate—it was covered by the hon. Member for Chichester—is parental alienation. I will speak to it as sensitively as I possibly can, recognising that parental alienation is real and damaging, but also that there are unsubstantiated accusations of parental aliena…”

“The justice system depends on the belief that mistakes can and will be fixed. By restricting access to appeals and forcing successful cases back into the summary system, we risk creating a parallel system that simply displaces the backlog, while degrading the quality of justice. We must maintain the automatic right to …”

“The Family Services Foundation notes that, in its view, the presumption provides a “neutral reference point” that professionals can use to challenge inappropriate gatekeeping. It and Both Parents Matter note in their written evidence that removing the presumption risks creating a perverse incentive where there is no cl…”

“The presumption does not only operate in disputes between separated parents; it also operates as a protection against overbearing state intervention. I gave an example earlier of when someone, incorrectly in my view, was returned to their parents. That was the presumption operating in a way that I did not agree with; t…”

“When we speak of the 450 children who have died in state care since 2014, we are also speaking of children—some of them at least—who were removed from their parents by a court order. We do not know if that was the case in every circumstance, but I would imagine it was for at least some, so we know that the state is not…”

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“We must give great weight to the evidence we have heard, but the Government’s own position is that it is unlikely to materially change outcomes; they are repealing a provision that their own assessment concedes will not make a material difference to what happens.”

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“I rise to speak in support of clause 20, which is a technical and geographic provision necessitated by the significant infrastructure developments currently under way in the City of London. As new law courts are developed, specifically at the Salisbury Square site—we mentioned the specialist fraud court earlier in the …”

“I want to begin by acknowledging the gravity of what we heard in evidence in Committee. As the Liberal Democrat spokesperson, the hon. Member for Chichester, pointed to, the evidence from Claire in relation to her children will stay with all of us. It was so moving and so upsetting for anyone thinking about how they wo…”

“If the defendant is successful at appeal, we might say that they are doubly aggrieved: they have gone through the process and it has not worked for them. Surely we should want to do everything we can to support that group of people, so that they have a route to the mode of trial that they think is fairest, considering …”

“and”

“I accept the Minister’s point that to insist on that being the remedy is not necessarily what the defendant would want. We absolutely want to support defendants who have been through the process of a trial and a successful appeal. Where they could have had a Crown court trial with a jury, prior to the Government’s refo…”

“I understand the Minister’s criticism that the defendant making the appeal may be perfectly content to have their case reheard in the magistrates, and insisting that an appeal be reheard in a jury trial gives no flexibility in that direction—that is a fair point. In response, we will not press amendments 55 to 57 to a …”

“On amendment 37, I have talked about the high rate of error and injustice that is being corrected by the current appeal mechanism, and I have talked about the unrepresented defendants who will have to navigate a more complex and subjective system, such as by reviewing transcripts. On the whole, we do not think that we …”

““the quality and sustainability of his relationships with each parent, the nature of the relationship between the parents insofar as it affects him and the capacity and willingness of each parent to support his relationship with the other parent, insofar as this is likely to further his welfare now and in the future.””

“As we have discussed in debates on previous amendments, the grounds of an appeal may very well relate to an allocation decision. Someone could successfully appeal on the basis that their trial should never have been heard by a magistrate and that they should have had a jury instead. Providing the option for a jury retr…”

““power is also never concentrated in the hands of one individual.””