PARLIAMENTARY DEBATE
Domestic Abuse - 16 July 2019 (Commons/Commons Chamber)
Debate Detail
Domestic abuse is complex and multifaceted. In addition to physical violence, it can include emotional, psychological, sexual and economic abuse, and at its heart is often controlling or coercive behaviour. We were the first Parliament in the world to recognise that when we introduced the offence of controlling or coercive behaviour in 2015. But our understanding of domestic abuse continues to grow and evolve, and this Bill gives us an opportunity to ensure that our legislation keeps pace.
Each year in this country, scores of people, mainly women, are murdered by their partners. Domestic abuse of all kinds destroys the lives of thousands more, including male and LGBT+ victims. Each and every day, those working on the frontline of our public services see the extent of the damage that it causes and the demands that it places on those who are there to help. I take a moment to thank those who work tirelessly to prevent abuse, protect victims and bring perpetrators to justice, particularly for their support in the consultation process, but there is more to be done.
In January 2019, we issued a written ministerial statement setting out our commitment to transforming the response to domestic abuse. In that statement we announced the publication of the draft Domestic Abuse Bill, as well as the publication of the response to the Government’s domestic abuse consultation undertaken last year. We also published a set of non-legislative measures, because we recognise that although the Bill is vital, so too is our practical day-to-day response.
Taken together, the Bill, the consultation response and the non-legislative measures set out an ambitious programme of cross-Government action that puts victims at the heart of our response in a co-ordinated effort to tackle domestic abuse. That includes setting out our intention to address perpetrators’ behaviour and to break the cycle of abuse through perpetrator programmes, domestic abuse prevention orders and even piloting polygraph testing to ensure compliance with programmes.
The Bill was published in draft to allow for prelegislative scrutiny by a Joint Committee of Members of Parliament and peers, chaired by my right hon. Friend the Member for Basingstoke (Mrs Miller). The Committee published its report on 14 June, and the Government are grateful to all parliamentarians on the Committee for their detailed scrutiny of the draft Bill and to all those who provided evidence to the Committee—they have my personal thanks and the thanks of all Ministers involved.
We have carefully considered the Committee’s report and have accepted many of its recommendations, either in part or in full. We have committed to giving other recommendations full consideration over the next few months, with the aim of publishing a further response to the report later this year. Where appropriate, we will table amendments to the Bill to address those recommendations.
That includes our work on refuge services. Subject to the outcome of the consultation currently under way, we will table amendments to implement the Government’s proposals to improve support to victims and their children in accommodation-based domestic abuse services in England. I ask all hon. Members to encourage their networks to respond to that consultation by 2 August.
During the development of the Bill, hon. Members have raised the issue of migrant women who are victims of domestic abuse. My right hon. Friend the Minister for Immigration will today publish an updated asylum support policy on domestic abuse. The Home Office is using the asylum support budget to close a gap that has, until now, prevented asylum seekers and their dependants from accessing specialist domestic abuse refuge places because they are not entitled to housing benefit.
Further, we have listened to charities and victims who say that people feel trapped in abusive relationships by their immigration status. That is not acceptable, which is why we are committing to reviewing the response to all migrant victims of abuse, as recommended by the Joint Committee.
We have also listened to victims about their journeys through the legal system. The Bill prohibits perpetrators from continuing their reign of abuse through cross-examining their victims in person in the family courts, and it gives victims automatic eligibility for special measures in the criminal courts.
We want to recognise the devastating impact that domestic abuse can have on children and young people. Among the measures to achieve that is the requirement that the statutory guidance must recognise this adverse effect. We also want to meet our international obligations. The Bill includes the necessary provisions for all parts of the United Kingdom to meet the requirements of the Istanbul convention in respect of the extraterritorial jurisdiction of the criminal courts.
The Government wholeheartedly agree with the Joint Committee that victims of domestic abuse in all parts of the United Kingdom deserve effective protection and support. There has been a controlling or coercive behaviour offence in England and Wales since 2015, and the Scottish Government legislated for such an offence last year. Northern Ireland, however, has no such legislation in place. We are therefore pleased to inform the House that following a consultation undertaken in 2016, before the collapse of the Assembly, the Bill, as introduced, will include a bespoke domestic abuse offence for Northern Ireland. I pay tribute to all hon. Members who represent Northern Ireland and who take their seats in this place for their support on this measure.
Before I finish, I pay tribute to my right hon. Friend the Prime Minister. She has worked tirelessly over many years as a Member of Parliament, as Home Secretary and as Prime Minister to ensure that the vulnerable are heard and protected and that perpetrators are brought to justice. Her determination and dedication to helping the 2 million victims of domestic abuse shines through this Bill.
We remain determined to do all we can to eradicate domestic abuse. Through this landmark Bill and our wider non-legislative programme, we will transform our response to this appalling crime and end the suffering caused by abuse. I commend this statement to the House.
As the Minister alluded to, the Bill is not yet finalised, but we welcome some areas that we know will be included. We hope the Bill will begin to transform how we deal with domestic abuse. Although we agree that establishing a domestic abuse commissioner is key, we will be seeking assurances on the authority and funding of that role. Can the Minister give further clarity on the role and independence of the commissioner?
The improvements to proceedings in family courts, which will include prohibiting the cross-examination of victims, is very welcome. However, we will seek assurances that, in cases of custody and access to children, all victims will be treated equally and that the courts will not be prescriptive and inflexible but will look at cases individually.
Controlling and coercive behaviour will be included in the definition of domestic abuse in Northern Ireland. This change across the rest of the UK has been instrumental in changing the outcomes for many victims. None more so than Sally Challen, whose murder conviction was overturned and reduced to manslaughter earlier this year, which meant she was freed owing to time already served. I was very pleased to welcome her to the Terrace two weeks ago to listen to her story. We are pleased to see this definition being extended to Northern Ireland.
We know the Government are committed to helping migrant victims of domestic abuse, and we welcome their intention to review it, but we must ensure that these women are eligible to apply for indefinite leave to remain, irrespective of the type of visa they reside under, and are able to access public funds.
Although the Bill will not be gender specific, as has been called for by some in the sector, it is my understanding that commissioning services will be, which is a welcome step towards ensuring that all victims of domestic abuse receive parity in the provision of support services.
We still believe that the Bill may be weak when it comes to the impact of domestic abuse on children, both as victims and as witnesses. By not focusing enough on the impact, there will be a knock-on effect on the specialist support made available to them. Can the Minister advise on the plans to strengthen this area of the Bill to ensure that services for child victims are widely available, robust and adequately funded?
We all know that funding for women’s refuges has been cut in recent years, meaning that refuges have had to close and that women have been forced to stay in abusive relationships because they have nowhere else to go. We need assurances from the Government that this Bill will ensure that funding is available to enable women to leave their family home and have a safe alternative for themselves and their children.
There are other issues to consider in relation to the education of perpetrators; housing; personal, social, health and economic education; healthy relationship education; a wider use of schemes such as Operation Encompass to allow schools to be more supportive of pupils experiencing domestic abuse within their families; and an increase in the number of independent domestic abuse advisers in hospitals. Those are all areas on which we will be seeking clarity on Second Reading and beyond.
This Bill was a commitment made by the outgoing Prime Minister in her final Queen’s Speech, just over two years ago. Although it has arrived very late in her leadership, and without time for her to see it through, I am pleased that she has finally set things in motion for this long overdue and much-needed legislation. We would, however, like assurances from this Government that whoever will be Prime Minister next week has the same commitment to this, and can guarantee that the Bill will be robust and that funding will be available to fulfil everything it promises. It is the intention of Opposition Members to work with the Government and the sector to take this Bill into legislation. There will be challenges, but we hope that with sensible debate, negotiation and compromise, we will help to form a lasting piece of legislation that will benefit all victims of domestic abuse. This Bill is a golden opportunity for the Government and for all parliamentarians to transform the domestic abuse agenda, and it is our duty to ensure that we get this right.
The hon. Lady asked me about the domestic abuse commissioner. I am happy to confirm that we are appointing the commissioner, because we want the commissioner to hold national and local government to account. The commissioner will have the power to publish reports and make recommendations, and, crucially, statutory agencies will be required by law to respond to those recommendations publicly. We believe that will exert great pressure on local authorities to ensure that they are doing right by their local communities. Of course, in line with the Ministry of Housing, Communities and Local Government consultation, albeit that we are not prejudging its result, there will possibly be a further statutory duty through that route, to ensure that we have co-ordinated effort.
The hon. Lady raised the matter of family courts. We are reviewing practice direction 12J and the operation of the family courts more widely. I understand that we are aiming to report in September, and I know that the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), has this very much at the forefront of his mind.
I am grateful for the hon. Lady’s comments on migrant women. She knows how complex these issues are, but we are very much entering into this with the right spirit and we look forward to help from across the House on what more we can do to protect migrant women.
I absolutely understand charities’ campaigns and the emphasis that they put on children, given the terrible impacts that domestic abuse has on them and their life chances. I often see that myself in the context of youth workers working with gang members; domestic abuse is a prevalent factor in the lives of some of those children. We will be ensuring that statutory guidance recognises the effect of domestic abuse on children, which is significant because it will have an impact on local commissioning. The domestic abuse commissioner will also be encouraging good practice in the identification of children, and we will consider whether we need to amend the definition of “harm” in the Children Act 1989 to explicitly include the impact of domestic abuse on children. The hon. Lady will know that we are investing £8 million to deal specifically with children who are the victims of domestic abuse, and of course, as I say, the MCHLG consultation plays an incredible part.
I am also delighted to confirm that this is not just a commitment of this Prime Minister, but a commitment of the Government. We have the extra confirmation of both leadership candidates’ teams having confirmed to me that not only do the candidates support this Bill, but they will progress with it in the autumn.
The Joint Committee’s most significant concern was the plight of migrant women with no recourse to public funds. In her statement, my hon. Friend underlined the Government’s support for action on this issue to make sure that the gap in support is closed. Is it her objective to ensure that migrant women can be treated in the same way as any other victim of domestic abuse in terms of support, particularly given the welcome announcements by the Government on the introduction of the statutory duty in respect of the provision of refuge places? Will she assure me that she will redouble her efforts to make sure that any new support that is in place cannot be open to abuse, as that would discredit that support and affect the women who need it in order to survive?
I also thank my right hon. Friend for raising the issue of migrant women. She knows, as the Committee does from the evidence it has taken, just how complex this issue is. She has alighted on the point about possible abuse of the system. That is one of the many factors that the Government must consider as part of their review, and it is fair to say, from meetings and roundtables that I and other Ministers have held with hon. Members and stakeholders on this issue, that everyone recognises that we need to deal with it, but in a sensitive way that does not have the potential for unintended consequences. I am delighted to put on record the fact that women who are victims of domestic abuse are just that—victims of domestic abuse—regardless of their migration or other status.
I hear what the Minister says about the Istanbul convention, but it is disappointing that the UK Government have yet to ratify it, despite the fact that the Bill introduced by my former colleague Eilidh Whiteford on ratifying it is law. So will the Minister confirm that that is going to be done and make a statement on her intention to do so before the recess, giving us a bit more detail on that? I realise that it is not an entirely straightforward procedure, but we are rather overdue with our ratification.
My hon. Friend the Member for Central Ayrshire (Dr Whitford) has tirelessly campaigned on the issue of universal credit separate payments. The Bill is explicitly making economic abuse a form of domestic abuse, but the current system of a single UC payment by default can facilitate economic coercion. The Joint Committee notes that the Select Committee on Work and Pensions recommended that the Department for Work and Pensions should use the Scottish Government’s intention to introduce split payments by default as an opportunity to “test and learn” the different possible approaches to splitting payments and whether they would help survivors in this area. Will the Minister commit to introducing default separate payments in universal credit, and will she do that before recess?
Finally, I note what has been said about migrant women and welcome the points made so far. However, it was alarming that the Joint Committee heard evidence that some police forces share details of victims with the Home Office for the purpose of immigration control, rather than to help the victim to access appropriate support. The Joint Committee recommended that the Home Office policy should be robust and should be developed to determine the actions that may be taken by immigration authorities with respect to victims of crime who have approached the public authorities for protection and support. The Joint Committee also supported the Step Up Migrant Women campaign recommendation that a firewall be established at the levels of policy and practice to separate the reporting of crime from access to support services. Can the Minister give me some comfort that the Home Office will take those recommendations on board and that migrant women who seek help because of domestic abuse will not be shopped to the immigration authorities?
We now publish annual reports on progress towards ratification of the Istanbul convention, with the next one due by the end of October. The fact that the law in each part of the UK needs to be compliant with the provisions of the convention before the UK as a whole can ratify it has led to some of the delay that the hon. and learned Lady set out, but it is absolutely our intention that the Bill will help us to arrive at that destination.
On universal credit, we are working with the Scottish Government to establish the practicalities of delivering split payments in Scotland, and we will further observe their implementation when that occurs. We think that around 60% of universal credit claimants are the main carer, who tends to be the woman in the relationship. We are keen to ensure that, because Jobcentre Plus can be the first touchstone, as it were, between a victim and the state, the staff there are properly trained to recognise the symptoms of someone in an abusive relationship. That could be a positive turn of events to help to ensure that when victims come into contact with the state, they are recognised and identified, and then, as it were, scooped up and helped.
I welcome the Bill, which I see as an important step in what has been a long struggle to tackle the scourge of domestic violence. The Bill rightly brings forward a new definition, new powers, new duties, a new office and an extension to Northern Ireland. Many of us want to add further things to it when it goes through further scrutiny. The question is, though: what happens next? Neither of the two leadership candidates has been what we might call a champion of the cause of tackling domestic violence. That is simply a fact. I hope the next Prime Minister recognises that this Bill is the will of the House and that there is commitment to it on all sides. The Prime Minister will be gone next week, but this Bill—her Bill—must go forward.
I thank the right hon. and learned Lady for her reference to the future Prime Minister; my hon. Friend the Member for Charnwood (Edward Argar) and I are grateful for that assistance. We are both determined to see the Bill through. Although the Prime Minister may be stepping down next week, she is not leaving the House. I am sure she will be a strong advocate for the Bill from the Back Benches.
The right hon. and learned Lady is absolutely right that this is not just a Government commitment, which it very firmly is, but has support across the House. We have been talking about it for long enough now that the public understand where we want to get to, and the House certainly will not let any future Government off the hook in delivering on it. That is why I am so pleased that both leadership candidates have committed to progressing with the Bill in the autumn. There will be many colleagues making sure that they keep to that pledge.
The Minister knows as well as anybody else that changing the law on its own is not enough. She has been clear from day one that a number of other measures have to be put in place to stop this horrific crime. Will she update the House a bit more on what those measures include?
My hon. Friend is right to raise the point, which has been made previously, that this is not just about the law. We all know that the law is really important in setting the definition, putting the commissioner in place and so on, but this also comes down to societal change and awareness. We have moved on a great deal from where we were perhaps 20 years ago. When people talked about domestic violence they tended to think of physical violence, and we now know that it can be much wider than that. That is thanks to the work of Members from all parties who have raised awareness, but importantly it is also thanks to charities. Many great charities work in this policy area and support victims day in, day out. It is through their campaigning and their help on the Bill that we will ensure that legislative and non-legislative measures are put in place to give victims the support that they deserve.
I had a confirmatory conversation only yesterday with a very senior member of the team of my right hon. Friend the Member for Uxbridge and South Ruislip (Boris Johnson) who told me that they are delighted to support these measures and to make progress. I should say, by the way, that I have not declared for either candidate, so I am coming to this with genuinely clean hands. I feel obliged to point out that my right hon. Friend did some pretty impressive work drawing up a violence against women and girls strategy as Mayor of London, so that bodes very well. I am also conscious of the great work that the Foreign Secretary has done in his role at the Foreign Office and when he was at the Department of Health and Social Care to ensure that the wishes of women are met. I have great confidence that the message from this statement will have got through loud and clear that this House will make sure that it gives as much commitment to this agenda as we all have so far.
We have already funded a campaign for teenagers called Disrespect NoBody, which we believe has had some success in spreading the message. Relationships education in schools will also very much be about teaching people what a healthy relationship looks like. I take the hon. Gentleman’s point about a public awareness campaign. If I may, I will take that away and have a think about it because I do not want to make any promises that I cannot follow up with spending.
Forgive me for not having raised this matter before, but there has been a lot of talk about change in mindset and awareness. Where possible, we would like the victim and children to stay in their home and the perpetrator to leave. That is where we are coming from. That is our primary aim, but of course we recognise that there will be circumstances where the victim must flee for her or his own safety.
The right hon. Gentleman asked about changing the attitudes of men. When I worked with perpetrators of domestic violence not 100 miles away from here—mostly men—we always used to worry about what would happen to the attitudes that we were working so hard to change, because even in the space between leaving the group work session and getting to the tube or bus stop, they would have been bombarded with other influences from friends, adverts, pornography and all sorts of places. I therefore reiterate the right hon. Gentleman’s comments. Has the Minister or the Under-Secretary of State for Justice, the hon. Member for Charnwood (Edward Argar), visited a perpetrator programme to get a view on that? I encourage all Members to do so and to join the all-party parliamentary group on perpetrators of domestic abuse.
Will the Minister also work across the House to try to spearhead a campaign that is about not just raising the general public’s awareness about being a victim, but the things that people need to change about how they behave in their own intimate relationships and men’s attitudes in particular towards sexual entitlement in relationships, which is a specific concern to me.
I very much welcome the work that Respect and other organisations do to drive these programmes forward. The hon. Lady will know that there is a range of work happening, a lot of which takes the form of pilots because we are at the forefront of discovering what helps to break the cycle of abuse and violence. However, we are very clear that the longer-term impacts for society can be fundamental. For example, the life chances of boys and girls growing up in abusive households can be very poorly affected by their childhood experiences when it comes to what they expect from their own relationships when they are older.
I have been to so many conferences with Respect and other organisations that I have to confess that I cannot quite recall whether I have been to a perpetrator programme. Believe you me, if I have not, my very efficient officials—to whom I must pay tribute because they have turned this response around in a month, which is unprecedented—will ensure that we fill that gap very quickly.
Bill Presented
Domestic Abuse Bill
Presentation and First Reading (Standing Order No. 57)
Secretary Sajid Javid, supported by the Prime Minister, Mr Secretary Gauke, Secretary Matt Hancock, Secretary James Brokenshire, Secretary Damian Hinds, Secretary Amber Rudd, Secretary Karen Bradley, the Attorney General, Victoria Atkins and Edward Argar, presented a Bill to make provision in relation to domestic abuse; to make provision for and in connection with the establishment of a Domestic Abuse Commissioner; to prohibit cross-examination in person in family proceedings in certain circumstances; to make provision about certain violent or sexual offences, and offences involving other abusive behaviour, committed outside the United Kingdom; and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 422) with explanatory notes (Bill 422-EN).
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