Read Bill Ministerial Extracts
(8 years, 1 month ago)
Commons ChamberOn a point of order, Mr Speaker. Page 49 of “Erskine May” refers to the official Opposition as
“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.
The current official Opposition has lost two thirds of its shadow Cabinet. Their leader and what remains of the Front-Bench team no longer command the support of the overwhelming majority of their Back Benchers. They can now no longer provide shadow Ministers for large Departments of State. They are clearly in no shape to assume power or to meet the key responsibilities outlined in “Erskine May”. Given these obvious failings, what steps would now need to be taken to have the official Opposition replaced with one that can meet the responsibilities set out clearly in “Erskine May”?
I am familiar with “Erskine May”, as the hon. Gentleman would expect, and I am genuinely grateful to him for giving me notice of his point of order. I can confirm that the Labour party currently constitutes the official Opposition and that its leader is recognised by me, for statutory and parliamentary purposes, as the Leader of the Opposition. He will have noticed that I called the Leader of the Opposition earlier to ask a series of questions of the Prime Minister. He will also be aware that today we have Opposition business duly chosen by the Leader of the Opposition, as indicated on the Order Paper. I should perhaps add that in making these judgments and pronouncing in response to points of order, I do give, and have given, thought to the matter, and I have also benefited from expert advice. These matters are not broached lightly. I understand the vantage point from which he speaks, but he raised the question and I have given him the answer. We will leave it there for now.
Bills presented
Sexual Offences (Pardons Etc) Bill
Presentation and First Reading (Standing Order No. 57)
John Nicolson, supported by Amanda Solloway, Keir Starmer, Stewart Malcolm McDonald, Iain Stewart, Sarah Champion, Tommy Sheppard, Paula Sherriff, Nigel Huddleston, Stephen Twigg and Dr Philippa Whitford, presented a Bill to make provision for the pardoning, or otherwise setting aside, of cautions and convictions for specified sexual offences that have now been abolished; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 6).
Homelessness Reduction Bill
Presentation and First Reading (Standing Order No. 57)
Bob Blackman, supported by Mr Clive Betts, Helen Hayes, Mr Mark Prisk, Kevin Hollinrake, David Mackintosh, Alison Thewliss, Jim Shannon, Mary Robinson, Julian Knight, Mr David Burrowes and Liz Kendall, presented a Bill to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 7).
National Minimum Wage (Workplace Internships) Bill
Presentation and First Reading (Standing Order No. 57)
Alec Shelbrooke presented a Bill to require the Secretary of State to apply the provisions of the National Minimum Wage Act 1998 to workplace internships; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 8).
Parliamentary Constituencies (Amendment) Bill
Presentation and First Reading (Standing Order No. 57)
Pat Glass presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; to specify how the size of a constituency is to be calculated; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 9).
Awards for Valour (Protection) Bill
Presentation and First Reading (Standing Order No. 57)
Kelly Tolhurst, on behalf of Gareth Johnson, presented a Bill to prohibit the wearing or public display, by a person not entitled to do so, of medals or insignia awarded for valour, with the intent to deceive.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 10).
Benefit Claimants Sanctions (Required Assessment) Bill
Presentation and First Reading (Standing Order No. 57)
Mhairi Black, supported by Chris Law, Mr Dennis Skinner, Liz Saville Roberts, Caroline Lucas, Ian Blackford, Carolyn Harris, Angela Crawley and Andrew Percy, presented a Bill to require assessment of a benefit claimant’s circumstances before the implementation of sanctions; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 11).
Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill
Presentation and First Reading (Standing Order No. 57)
Dr Eilidh Whiteford, supported by Mrs Maria Miller, Jess Phillips, Gavin Newlands, Liz Saville Roberts, Fiona Mactaggart, Angela Crawley, Mr Alistair Carmichael, Ms Margaret Ritchie, Alison Thewliss and Lady Hermon, presented a Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 12).
Families with Children and Young People in Debt (Respite) Bill
Presentation and First Reading (Standing Order No. 57)
Kelly Tolhurst, supported by Mark Garnier, Amanda Milling, Craig Mackinlay, Victoria Borwick, Roger Mullin, Angela Crawley, Antoinette Sandbach, Yvonne Fovargue, Ian Paisley, Ben Howlett and Jo Churchill, presented a Bill to place a duty on lenders and creditors to provide periods of financial respite for families with children and young people in debt in certain circumstances; to place a duty on public authorities to provide access to related advice, guidance and support in those circumstances; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 13).
Registration of Marriage Bill
Presentation and First Reading (Standing Order No. 57)
Edward Argar, supported by Sir Simon Burns, Victoria Atkins, Simon Hoare, Seema Kennedy, Wes Streeting, Christina Rees, Jess Phillips, Stephen Doughty, Nigel Huddleston and Greg Mulholland, presented a Bill to make provision about the registration of marriages.
Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 14).
Assets of Community Value Bill
Presentation and First Reading (Standing Order No. 57)
James Morris presented a Bill to make provision about the disposal of land included in a local authority’s list of assets of community value; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 15).
Double Taxation Treaties (Developing Countries)
Presentation and First Reading (Standing Order No. 57)
Roger Mullin, supported by Kirsty Blackman, Patrick Grady, Michelle Thomson, George Kerevan and Ian Blackford, presented a Bill to place a duty on the Chancellor of the Exchequer to align the outcomes of double taxation treaties with developing countries with the goal of the United Kingdom’s overseas development aid programme for reducing poverty and to report to Parliament thereon; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 16).
Farriers (Registration)
Presentation and First Reading (Standing Order No. 57)
Byron Davies, supported by Chris Davies, Dr James Davies, Craig Williams and Mike Wood, presented a Bill to make provision about the constitution of the Farriers Registration Council and its committees.
Bill read the First time; to be read a Second time on Friday 13 January, and to be printed (Bill 17).
Parking Places (Variation of Charges)
Presentation and First Reading (Standing Order No. 57)
David Tredinnick presented a Bill to make provision in relation to the procedure to be followed by local authorities when varying the charges to be paid in connection with the use of certain parking places.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).
Disability Equality Training (Taxi and Private Hire Vehicle Drivers)
Presentation and First Reading (Standing Order No. 57)
Andrew Gwynne, supported by Andrew Stephenson, Mrs Sharon Hodgson, Byron Davies, Norman Lamb, Lyn Brown, Mark Menzies, Barbara Keeley, Robert Flello, Mims Davies, Helen Jones and Diana Johnson, presented a Bill to make the completion of disability equality training a requirement for the licensing of taxi and private hire vehicle drivers in England and Wales; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).
Gangmasters (Licensing) and Labour Abuse Authority
Presentation and First Reading (Standing Order No. 57)
Louise Haigh, supported by Mr Chuka Umunna, Mr Iain Wright, Chris White, James Cleverly, Paul Blomfield, Lisa Nandy, Will Quince, Greg Mulholland, Chris Stephens, Stella Creasy and Mr Dennis Skinner, presented Bill to amend the Gangmasters (Licensing) Act 2004 to apply its provisions to certain sectors including construction, care services, retail, cleaning, warehousing and the transportation of goods; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 20).
International Trade and Investment (NHS Protection)
Presentation and First Reading (Standing Order No. 57)
Mrs Anne Main, on behalf of Mr Peter Lilley, presented a Bill to require the National Health Service to be exempted from the provisions of international trade and investment agreements; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 21).
Kew Gardens (Leases)
Presentation and First Reading (Standing Order No. 57)
Mr Ian Liddell-Grainger presented a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 22).
Merchant Shipping (Homosexual Conduct)
Presentation and First Reading (Standing Order No. 57)
John Glen presented a Bill to repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.
Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 23).
Counter-Terrorism and Security Act 2015 (Amendment)
Presentation and First Reading (Standing Order No. 57)
Lucy Allan presented a Bill to repeal provisions in the Counter-Terrorism and Security Act 2015 requiring teachers, carers and responsible adults to report signs of extremism or radicalisation amongst children in primary school, nursery school or other pre-school educational settings; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 27 January, and to be printed (Bill 24).
Child Poverty in the UK (Target for Reduction)
Presentation and First Reading (Standing Order No. 57)
Dan Jarvis presented a Bill to establish a target for the reduction of child poverty in the United Kingdom; to make provision about reporting against such a target; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 3 February, and to be printed (Bill 25).
(7 years, 8 months ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
The UK signed the Council of Europe convention on preventing and combating violence against women and domestic violence back in June 2012 but has yet to ratify it. The Istanbul convention, as it is better known, is a unique, groundbreaking international legal instrument that enshrines in law the basic human right of women and girls to live lives free of violence and the fear of violence. Crucially, it provides a comprehensive set of mechanisms to achieve those aims. The provisions of the convention aim to prevent violence against women, protect the victims and survivors of abuse, prosecute perpetrators and hold them to account for their actions. It commits Governments to provide not only properly resourced support services through a strategic policy framework, but robust monitoring, data collection and public scrutiny.
The convention is a formidable package of measures, which Scottish Women’s Aid has described as
“quite simply the best piece of international policy and practice for eliminating violence against women that exists, setting minimum standards for Government responses to victims and survivors of gender based violence… It is a blueprint for how we move from small change at the margins…to a system that is designed to end domestic abuse and violence against women.”
We badly need a step change in efforts to eliminate violence against women. Two women are killed by their partner or their ex every week in England and Wales alone. According to the crime survey for England and Wales, in the past year 1.2 million women were victims of domestic violence. In Scotland last year, more than 58,000 incidents of domestic violence were reported to the police. Across the UK as a whole, the police recorded more than 87,500 rapes and more than 400,000 sexual assaults. Given that many—possibly most—incidents of sexual assault and rape go unreported, we must not underestimate the scale of the challenge we face.
We live in an environment where gender-based violence is so pervasive and normalised that we hardly even notice how much we put up with. Last week, here in Parliament, we heard harrowing accounts from the hon. Members for Edinburgh West (Michelle Thomson), for Eastleigh (Mims Davies) and for Batley and Spen (Tracy Brabin), who so courageously spoke out about their own dreadful experiences. One in three women experience domestic abuse or sexual violence in their lifetimes—and that figure is recognised as likely to be a conservative estimate.
Even those who avoid personal attack are living in a world saturated with images of glorified sexual violence, with a toxic public discourse in which boasting of sexual assault is reframed as locker room talk, women who are raped or assaulted are frequently shamed or blamed, and lives are blighted, and in some cases irreparably harmed. It affects us all. It restricts where we go, what we wear and what we dare to say out loud. In my view, we need to name violence against women for what it is: the most pervasive and systemic human rights abuse in the world today, affecting women in every street in every village, town and city in every country around the world.
We need to understand that violence against women is grounded in and compounds gender inequality. Those of us who are committed to pushing the issue up the political agenda have our work cut out for us. Although domestic abuse and sexual violence primarily affect women, we should acknowledge that they also affect men, non-binary people and especially children—girls and boys.
We need to understand that violence against women is neither natural nor inevitable. We can prevent it and challenge it. We can hold the perpetrators to account. Those of us who have the privilege of shaping and influencing legislation need to acknowledge our responsibility to put our shoulder to the wheel and make the elimination of gender-based violence a political priority.
I congratulate the hon. Lady on the Bill, which I support. She mentions children. Is she aware that, extraordinarily, something like a third of domestic violence against women starts during pregnancy and that in more than three quarters of cases involving children being safeguarded or taken into care domestic violence is the single biggest element? It is a huge challenge for our society.
I am grateful to the hon. Gentleman for that point. Many people are very shocked when they hear those statistics for the first time and hear that so much domestic abuse begins when women are probably at their most vulnerable—during pregnancy, when they are bringing new life into the world and yet do not have the protection they should expect from the fathers, often, of their children. He makes a very important point, and I am grateful to him for supporting the Bill.
I want to take a bit of time to set out why the Istanbul convention is so important, why it offers such a powerful vehicle for tackling gender-based violence and why the UK needs to prioritise its ratification. The treaty has global, national and local dimensions. In a globalising world, it recognises that gender-based violence often crosses state borders. States that ratify the convention commit to promoting and protecting the right of all their citizens to live free from violence in the public and private sphere, to working to end discrimination, to promoting equality between women and men, and to working within a co-ordinated, strategic, accountable and adequately resourced framework of policy and practice.
The convention is broad in scope. It covers aspects of criminal, civil and migration law. It sets out minimum standards for the protection of survivors and for access to services. It requires signatories to work to prevent violence and bring about attitudinal change. It explicitly addresses many of the most common manifestations of violence against women, including physical and psychological abuse, stalking, sexual violence, including rape, forced marriage, female genital mutilation and so-called honour crimes—that is not an exhaustive list. It recognises the differentiated risks women face depending on their circumstances. Although we know that women from all backgrounds—all income groups, ages, ethnicities, cultures, religions and political perspectives—are affected by these types of violence, we also know that poorer women are more exposed to risk. We know that disabled women are more likely to experience abuse than able-bodied women and that refugees and asylum seekers are especially vulnerable. In this respect, we see gender inequality cutting across and compounding other forms of disadvantage, and the convention addresses those and other forms of discrimination in its articles.
Several weeks ago, I had a conversation with Dr Lisa Gormley of the London School of Economics, who is one of the UK’s leading experts on the Istanbul convention. She emphasised that the key bit of the convention is found in articles 7 to 11. That surprised me. At first glance, when we turn to them—well, let me read out some of the headings: “Comprehensive and co-ordinated policies”; “Financial resources”; “Non-governmental organisations and civil society”; “Co-ordinating body”; “Data collection and research”. That is pretty dry stuff—we might say it is quite technocratic—but it is the engine that will drive the machine. Those provisions will turn a good critical analysis of violence against women and a collection of useful case studies of policy initiatives into a strategic and dynamic vehicle for real and ongoing change. They will allow us to learn from others’ experience of what works and force us to think more strategically about how we provide support to women across different levels of government—local, national and international. Crucially, those provisions will improve the protection of funding for women’s refuges and helpline services at a time when austerity cuts to local government budgets and voluntary sector funding are placing such lifeline services in jeopardy.
I support the hon. Lady. She mentions local government. Women’s refuge shelters are under the hammer and being forced to close down in many places.
The hon. Gentleman makes a vital point. One reason why it is important that we ratify the convention is that it gives protection in law to those services for the first time in a co-ordinated way, so that we do not have one local authority cutting services while another maintains them. The convention also forces Governments across the piece to work with one another and to think strategically about how to go about providing services in a way that is co-ordinated rather than piecemeal. That is one of the most important longer-term things that ratifying the convention will do. It will also make every level of government think twice before they pull the funding from the voluntary organisations delivering lifeline services to women living with domestic violence or trying to flee from it.
We are already seeing the impact of the Istanbul convention. The UK Government and many non-governmental actors from civil society were actively involved in the development of the convention and the negotiations surrounding it, and it is evident that that process has already been a powerful impetus to modernising domestic legislation in a number of relevant areas. It is important to acknowledge the steps the Government have taken in recent years to pave the way for ratification, most notably with new legislation on forced marriage, modern slavery, stalking, female genital mutilation, so-called revenge porn, and controlling and coercive behaviour, all of which prepare the UK for compliance.
We have seen similar legislative progress in Scotland, most crucially with the Equally Safe strategy and the forthcoming domestic violence legislation, which is currently out for consultation. In that respect, the convention is already driving change, but we need to finish the job. Having signed the convention in June 2012, the UK has still to ratify the treaty.
I thank the hon. Lady for her Bill, which is doing a very important job this morning in this House. I wrote to the Government in January this year about the ratification of the Istanbul convention. The reply I received in February said:
“We will seek to legislate when the approach is agreed and Parliamentary time allows.”
Does she agree that that approach to this issue does not show nearly enough urgency?
I agree entirely that this is an extremely urgent issue. Nobody can use the excuse of parliamentary time any more, given the way that business has been collapsing in recent weeks. There is plenty of parliamentary time; what we need is political will. I hope that my Bill will be a step along that road and give us the opportunity to examine this in more detail and to push the Government to follow up their words with actions. They have said consistently that they want and intend to ratify the convention, but we have reached a hiatus, the process has stalled and the convention has now been languishing on the backburner for over four and a half years, which is far longer than Council of Europe conventions usually take to ratify. The Bill is an attempt to shift the logjam and give the Government the impetus they need to take the final steps to bring the UK into compliance.
I, too, congratulate the hon. Lady on her Bill. This is a vital matter. What does she think is holding the Government back from ratifying the convention?
I have some theories, and I hope to come to those in due course, but at the end of the day a lack of political will holds these things back. The fact that so many Members are here on the Friday before we break for Christmas shows that many people recognise how critical this is.
As Members will see, this is a short and straightforward Bill that would require the Government to provide a clear timetable for ratification within four weeks of Royal Assent and require the Home Secretary to come to Parliament annually to report on our compliance with the convention. This would afford Members across the House better opportunity to scrutinise the Government’s record and plans for tackling violence against women. Ratification needs to be more than a tick-box exercise. It is a challenge for us all, as legislators and policymakers, to make sure that it works in practice to improve women’s lives. Strengthening parliamentary accountability would also improve our compliance with article 70 of the convention.
I want to turn to those areas where the UK is not yet fully compliant with the convention. The main sticking point appears to be article 44, which makes provision for countries to establish jurisdiction over an offence committed by one of their nationals outwith their territory. I am told by learned friends that extraterritorial jurisdiction can be a tricky legal area—parliamentary Clerks and civil servants visibly blanch when those magic words are spoken—but the UK already exercises extraterritorial jurisdiction in relation to dozens of serious offences in a wide range of areas, including in several relevant to the convention, such as forced marriage, trafficking, female genital mutilation and sexual offences against children. There are still a number of offences, however, including rape, sexual assault and domestic abuse, where it does not yet apply and where compliance would require changes to domestic law.
Moreover, some of those offences relate to areas of devolved responsibility in Scotland and Northern Ireland, so UK Ministers would need to work with Ministers in Holyrood and Stormont to secure the necessary legislative changes in the Scottish Parliament and Northern Irish Assembly, or agree legislative consent motions. I am pleased to say that the Scottish Government have signalled their willingness to push this forward, and I have been heartened by the support for the convention and my Bill from Northern Irish MPs across the political spectrum.
I want us to be clear about the difference that ratification would make and why it matters. A few weeks ago, the hon. Member for Calder Valley (Craig Whittaker) raised in Prime Minister’s Question Time the case of a constituent of his who—it is alleged—was raped by another British national outside the UK. If we had already ratified the Istanbul convention and integrated the provisions in article 44 into domestic legislation, the authorities here could have investigated and prosecuted that crime, and crimes like it.
Another example is that the women’s organisation the Southall Black Sisters has been working tirelessly to highlight the circumstances surrounding the death of Seeta Kaur, a UK citizen whose family believe was the victim of a so-called honour killing in India. The UK already has extraterritorial jurisdiction over the crime of murder, but the contested circumstances of Seeta’s death have made it difficult for her family to get the police here involved, even though they claim there is evidence that a serious crime was planned in the UK. Again, ratification of the convention would strengthen the law to provide unambiguous protection for those at risk of honour-based violence.
The Istanbul convention would offer significantly enhanced protection to women who spend time working overseas and those who work for airlines or on cruise ships. Many women travel abroad in the course of their professional lives, but if, for example, a colleague sexually assaults or rapes them in a country where the law is weak, they may have little or no redress. Workplace harassment policies are not designed to deal with criminal violence, nor should they be. We need to give our police and our courts the authority to hold UK nationals and habitual residents accountable for behaviour abroad that would constitute a serious crime at home.
We already exercise these powers in relation to child sex offences, but not sexual offences against adult women. We exercise extraterritorial jurisdiction in relation to terrorist offences, but not to those terrorised behind closed doors. It is important that we send a strong signal that crimes such as rape, sexual assault and domestic abuse committed by UK nationals will be taken seriously wherever they occur in the world. The key point is that the very existence of extraterritorial jurisdiction and the possibility of sanction will act as a powerful deterrent and help end the impunity with which some of the most violent perpetrators evade justice. These people should have nowhere to hide.
The Government need to take the Istanbul convention out of the bottom drawer, where it has been filed for far too long in a pile marked “too complicated, too difficult, too low a priority,” and we need to work together, across the House, across Departments and across the devolved Administrations to move things forward.
I warmly congratulate my hon. Friend on the Bill. Does she agree that it is important that the UK ratifies the convention and shows global leadership on this issue? We heard in Westminster Hall recently that in South Sudan and its capital, Juba, over 70% of the female population have been subject to sexual assault. It is used as a weapon of war. That is completely unacceptable, and it is vital that the UK shows global leadership by ratifying the convention.
My hon. Friend’s point is well made. The shocking statistics from that part of the world remind us of just how serious this issue is globally. His substantial point about leadership is also right. If a Parliament such as this one, where the rule of law is well established and our legislative processes are robust, finds this too difficult, how on earth can we ask other countries that do not have the same traditions of governance to do it? We need to step up and show some leadership globally.
As with other private Member’s Bills, is it not also about the message we send out? The fact that this has languished for four and a half years sends out the message that women and violence against them are not important—and then we wonder why women do not report attacks or intimidation in their own home.
My hon. Friend makes a very good point. We know that these crimes are terribly under-reported. Some of the organisations that work with victims and survivors estimate that as many as 90% of the women who use their services have not reported the crimes to the police, so, yes, we need to let people know that it is okay to speak up, that it is safe to do so and that support will be available. Until we do that, people will not come forward in the numbers the problem demands.
We do not have to look as far as Sudan for examples of countries that have not ratified, and do not intend to ratify, the convention. One example is Germany. Last new year’s eve, there was the most appalling violence against women, but Germany has not even signed, let alone ratified, the convention.
I am really very surprised that the hon. Gentleman thinks we should follow the example of Germany on this issue.
I would like to thank sincerely hon. Members from all parties who have made the effort to be here today, giving up the last constituency Friday before Christmas and, in some cases, rearranging long-standing diary commitments. As well as Scottish National MPs, Labour, Tory, Liberal Democrat, Plaid Cymru, Social Democratic and Labour, Democratic Unionist, Green and independent MPs have signalled their support. In particular, I want to thank the hon. Members for Birmingham, Yardley (Jess Phillips) and for Rotherham (Sarah Champion) and the right hon. Member for Basingstoke (Mrs Miller) for their advice and help, as well as Ministers who have been willing to meet me for discussions ahead of the Bill. I am hopeful that a united voice from Parliament today can bring ratification significantly closer.
I want to acknowledge a number of women on whose expertise on the Istanbul convention I have relied in bringing forward this Bill. I have been lucky to have a formidably erudite team of advisers from all parts of the UK, and in no particular order I would like to thank Lisa Gormley, Marsha Scott, Hillary Fisher, Gemma Lindfield, Cris McCurley, Maria Bjarnadottir, Emma Ritch, Evelyn Fraser, Liz Law and Jackie Jones for all their assistance and invaluable insights. I want to thank my brilliant assistant Nathan Sparling who, in his own words, has been amazing.
I pay special tribute, too, to the women behind the IC Change campaign for their relentless determination to get the Istanbul convention on the statute book. They have been truly inspiring. Robyn Boosey, Rebecca Bunce and Rachel Nye run the IC Change campaign in their spare time on an entirely voluntary basis, co-ordinating with professional and non-professional women’s organisations and campaign groups all over the UK. They have been doing an incredible job, and I know they will not give up until they have achieved their goal.
Ratification of the Istanbul convention is not an end in itself; we need to see it as a platform for ongoing progress. Often the critics of international multilateral processes will point out that a treaty is just a piece of paper and that setting out rights and duties in international law does not necessarily give them effect—and, of course, that is sometimes demonstrably true. We must not let that happen here, because although the Istanbul convention is a solid foundation and a secure base camp, we still have a mountain to climb. We need to remember the scale of the problem and the magnitude of the task. We need to use this convention to measure progress and bank the gains. We need to use its robust monitoring, data collection and reporting mechanisms to drive sustained reductions in violence over the medium and longer term. The dynamic nature of the key articles of the Istanbul convention will be crucial to developing the policies and services that will deliver progress, along with the changes in attitudes and behaviour that will end the scourge of gender-based violence.
Lastly, I believe that ratification of the Istanbul convention is important because of its symbolism and the message it sends to women everywhere about our dignity, our right to equality and our right to live lives free of sexual and domestic violence. The powerful symbolism of the convention matters, because it reinforces the confidence of women in ourselves and in the moral force of our long struggle for equality. I believe very passionately that we can end violence against women; no one is saying it is easy or that it will happen overnight, but ratification of the Istanbul convention takes us a big step closer, and I ask Members to support my Bill today.
I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on securing this very important debate. She has my absolute and full support.
The Istanbul convention is historic, as has been said. It is the first international treaty that legally defines violence against women: a violation of human rights and a form of discrimination against women. I believe that this is absolutely the right time for this Government to ratify the convention. It is overdue, but this is an historic time: our Prime Minister is a woman; our Home Secretary is a woman; and a woman is bringing in this Bill. It is indeed a good time to bring this forward.
I applaud the Government for signing up to the convention four years ago. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Truro and Falmouth (Sarah Newton), said this month that the Government are complying with every single aspect of the convention. I applaud the fact that this Government have extra-territorial jurisdiction over female genital mutilation and forced marriage, about which I have spoken previously.
Ratifying the convention is important for my constituents so that the Government are aligned with what is going on at the ground level in all our constituencies. Amazing work is being done in my Twickenham constituency, but it was only through my work as a local councillor and now an MP in the area that I realised how appalling the challenge is. As my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) said, this is a huge challenge for our society, and I know it is a huge challenge for Twickenham.
On average, the police are called out in my borough two to three times every night for domestic violence. A few months back, I spent a Saturday night/Sunday morning shift with the police, and even though I knew the statistics I was horrified by what I saw. That afternoon, I had been knocking on doors down one of our prettiest streets in Twickenham—I had spoken to many people that Saturday—yet that night and in the early hours of Sunday morning, I was in the police van after a serious incident of domestic violence. I did not know whether I had spoken that afternoon either to the victim or to somebody who had committed violence. There was absolutely no way I could have known that. I realised that, given that MPs tend to knock on doors on every street, we might be meeting someone who is either a victim or a perpetrator of this crime on every street.
I had a constituency meeting with police, charities and the Greater London Authority to talk about what we could do in our area. It was chilling to hear from one of the police officers when he said that in this borough “we are more unsafe in our own homes than we are on the streets”.
It is recognised that we are more likely to see women from poorer backgrounds captured in the data, but in the more middle-class and better-off circles of society is there not even greater pressure on women not to report? Working as a doctor, I met many women patients beaten below the neck, so that the injuries would not show. They were covered in bruises, yet they still came out with the “It’s my fault; I should not have done this or that” type of comment. We must not be misled by the data into thinking that this is not an issue among the better-off.
I think the data are likely to show that this is happening in every country, every street and in every type of household. My concern for London is that we are not aware of it going on much in our neighbours’ homes. What I find in Twickenham is that the good Samaritans are everywhere. If there has been an incident—thankfully a very rare incident—of violence on the street, about half a dozen people will be there immediately. If somebody has suffered a fall or a seizure or a heart attack on Twickenham’s streets—it does not happen that often—half a dozen people will be there immediately again. When that happens, somebody will contact me the next day—they know how to track me down—and they will ask me, “How is that person? Are they all right?”
We therefore know that in our communities the good Samaritans are looking out for each other, but there are never half a dozen good Samaritans when domestic violence happens in people’s homes. We need people to know what is going on, and all over the UK there is a 24-hour helpline, 0808 2000 247. We have a brilliant one-stop shop in my borough. People are reaching out, but what I am saying is that to ratify the convention we need to align with what is going on in our constituencies at ground level.
About 60 years ago, about 20,000 women marched in Pretoria, using that wonderful phrase, “Wathint’ Abafazi Wathint’ Imbokodo”—I hope I can be forgiven my bad pronunciation—“You strike a woman, you strike a rock”. I believe that this convention is our equivalent of saying precisely that. This is the time; I support the Bill.
On a point of order, Mr Speaker. Yesterday, the Culture Secretary agreed to come back to the Dispatch Box if a further security breach were to be revealed at the national lottery. In the last few minutes, the Gambling Commission has published a document saying that it was
“more likely than not that a fraudulent prize claim had been made and paid out.”
There is potentially a great lotto robbery. Camelot has been fined £3 million and has been found to be in breach of three parts of its licence. Have you had a request, Mr Speaker, from a Minister to make an urgent statement to the House, so that the Department can guarantee to millions of lottery players in the UK that the game is safe?
I am grateful to the hon. Gentleman for his point of order. The short answer to him is no: I have received no indication that a Minister has any plan to come to the Chamber today. But I have known the hon. Gentleman a long time, and he is nothing if not a persistent woodpecker—that is a compliment—so my very strong hunch is that he will be in his place on Monday, using such devices as are available to him to try to secure the presence of a Minister to answer on this important matter. Meanwhile, I hope the hon. Gentleman has an enjoyable, and moderately restful, weekend.
I want to say a huge thank you to the hon. Member for Banff and Buchan (Dr Whiteford) for introducing this Bill. Four years after the signing of the Istanbul convention we are here today to try to push the Government to ratify. That is long overdue,
I want to say, too—I intend to say a few uncharacteristic things—that I know how much the Government care about this issue. Long before I was elected to this place I worked very closely with Home Office officials, some of whom I know are here today. I worked with the Home Office under the then Home Secretary, now the Prime Minister, for years, and I never saw anything that led me to believe they had anything but commitment to improving legislation in the area of domestic violence and sexual violence. In practical terms, when things had to be delivered—that costs money and falls under the Department for Communities and Local Government’s auspices—things did tend to break down. But in legislative terms, the Modern Slavery Act 2015, the measures against coercive control and other steps let me know that there was that commitment, regardless of all the things that divide us—and, my gosh, I could talk out a debate on how many things divide us, but I like to sleep at night and was raised properly.
May I also put on record my support for this Bill, and for what the hon. Lady is saying? Does she agree that it is not enough just to pass legislation? We must also enforce it, which has been somewhat lacking over the last few years?
I entirely agree. What we tend to do in this building is pave the way with great intentions and great legislation—we have some of the best legislation on domestic violence in the world—but then open an enormous door into an empty room. It is very difficult for our police forces to enforce certain issues. That is not because they do not have the legislative framework; it because of a whole series of other reasons.
We all have to work together, a bit like yesterday in the social care statement, in every conversation in this place about the NHS. We need to work together to make this happen. I hope those on the Conservative Benches do not take offence at what I am about to say, but in a spirit of total pragmatism I would dance with the devil to make women and children safer; I will do anything.
I came to this place to bang my fists on this side of the table, because I got sick of banging them on the other side. I know the Government care about this, and I know that if they were perhaps not distracted by other things the ratification of the Istanbul convention would probably have easily passed. I say to those on the Conservative Benches that the stumbling blocks over compulsory personal, social, health and economic education and talking to young people about consent and the ratification of the Istanbul convention are a real threat to what is not a bad record in this area; it is a pretty good record. But the record on the allocation of funding needs a lot of work—all the refuges in my constituency are threatened at present.
If I was not here and had not won my seat, I would today be surrounded by piles and piles of presents given by the local community to the refuge. My desk used to become like a fort, and we would have to organise parties to get the presents wrapped, in order to give out thousands and thousands of gifts to the women and children who lived in the refuge every year. We would always throw a party. It might not seem like it to those who have never worked in the field, but it was one of the happiest times of the year. One of the reasons it was so happy was that everybody—the chief executive of the organisation, the commissioner from the council, the cleaner in the refuge, the children in the refuge—rolled up their sleeves to achieve something together. We would all make the sausage rolls, and the women would be running in and out of their flats with plates of different food, so that we could all spend Christmas together knowing that there is a huge amount of solidarity in the world for victims of domestic violence.
One of the main underpinnings of the Istanbul convention is the idea that we all work together—that we need multiple agencies genuinely working together across the world to improve things for victims of domestic violence.
No. That was worth thinking about for a moment, but I am sure the hon. Gentleman is going to get his say.
I want to say some thank yous to the people who have meant that we are here today. Our colleagues from Scotland have done a fantastic job and, as usual, are all sat in the Chamber now en masse. I want again to say perhaps an uncharacteristic thank you to the Leader of the Opposition who has shown his commitment and worked with us to make sure the Labour party today will show its commitment for this, and specifically to Amy Watson in his office; it is always an exciting time in politics when we just spend all day on the phone ringing round to get people to a place. I also thank the unions who have been involved in lobbying Members to be here today, including UNISON, and the Muslim Council of Britain. I got lots of lobby emails; all of that is down to the hard work of the volunteer women of IC Change, who have done an amazing job on almost no resources. That shows me how brilliant and powerful women can be. They can achieve pretty much anything when they put their minds to it, and the fact that all of us are here today—on the last Friday before Christmas—is testimony to their immense work. I say a massive thank you to them.
All of us will wake up on Christmas morning stressed out. It is the only day when it is acceptable to drink from 6 am. On holiday, it is 12 o’clock, on Christmas day it is 6 o’clock; that is the rule my family live by. We will all be stressed and we will be wondering whether we have bought the right presents, and one of them will have gone missing. Things will be more stressful, especially for the womenfolk of this world, than they are particularly festive or cheerful, because things are tense on Christmas day.
I ask everybody in here to imagine that that tension is not just because we are not sure whether we have got the rights gifts for our auntie or whether everyone will have a chair or the children’s table is going to collapse like it did last year. Some people wake up on Christmas day and they will try not to say anything wrong; they will try not to put a foot wrong. They will make sure everything is perfect; they will have risk-assessed every single step they take throughout the day because on just this one day their children deserve not to have the monster that lives in their home erupt in their faces. On just this one day, their children deserve to have the peaceful day that all our children take for granted. For those people, all the stresses that we feel will be terror and control over everything they say and do in order to keep things safe. Ratifying this convention and sending them a message today would be the greatest gift that we could offer.
It is a pleasure to take part in this debate and to follow someone whom I am tempted to call my hon. Friend, but I know that I am not supposed to, Mr Speaker. The hon. Member for Birmingham, Yardley (Jess Phillips) speaks with such passion and expertise in the area of domestic violence. I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on bringing forward this important Bill. I had put today’s date in my diary as a “PMB” day because my private Member’s Bill is third on the list. I hope to see the same number of people here to support mine, but we will see how the day goes.
The Bill represents an historic opportunity to tackle domestic abuse and violence against women and girls. It is a shame that Parliament was not sitting last Friday, which was the penultimate day of 16 days of activism following the International Day for the Elimination of Violence against Women. That might have been more appropriate, but events are determined by the days on which the House sits. It is shocking in this day and age that on average two women are killed by their partner or ex-partner every week in England and Wales and that 27.1% of women have experienced abuse since the age of 16. Last year, an estimated 4.5 million females aged between 16 and 59 were victims of domestic abuse.
Preparing my speech for today made me reflect, and I recalled the time when, as a child, my sister and I were at home with mum and a lady from the village knocked on our door. She was trying to escape domestic violence, and she and her two boys spent the afternoon in our house with me, my mum and my sister. The House of Commons is a strange place, and it does bring back memories from time to time and makes one reflect on experiences and how one felt at the time, but I digress.
The statistics are shocking, but they do not show the whole picture. Domestic violence is a largely hidden crime that is difficult to quantify accurately. Women do not always report or disclose occurrences of domestic abuse to the police for many and varied reasons. If the Bill is successful today—I hope it is—it will require the Government to ratify the Council of Europe’s Istanbul convention as soon as possible. In addition to the measures that the Government have already put in place, including committing £80 million to violence against women and girl services, the Bill will help to end violence again women and girls.
Turning briefly to the Istanbul convention itself, between 2006 and 2008 the Council of Europe campaign task force looking at violence against women concluded that existing legislation to prevent and combat all kinds of violence against women was not being enforced. Services for victims were scarce and underfunded, and there was a huge disparity in protection between member states. The taskforce recommended that the Council of Europe produce a convention on preventing and combating violence, and the recommendation led to the drafting and publication of the Istanbul convention. The UK played a significant role in its production, and the UK coalition Government signed the convention on 8 June 2012.
Since that signing, the UK has made significant progress towards ratification. There has been legislation on forced marriage, female genital mutilation, coercive control and, most recently, stalking. In fact, in most respects measures already in place in the UK to protect women and girls from violence comply with or go further than the convention requires. It is just those final amendments to domestic law to take extra-territorial jurisdiction over a range of offences that has caused the delay in ratification. I hope the Minister will expand on that in his closing remarks, but I was pleased to read that there has been contact with counterparts in the devolved Administrations on whether the legislative changes for extra-territorial jurisdiction should extend to Scotland and Northern Ireland.
I am glad that the Bill has made it to the Floor of the House today and that Parliament has time to debate it. Let us hope that it does lead to ratification, which will give all women and girls the legal guarantee to the right to live lives free from both violence and the fear of violence. It is an important issue that sadly affects so many women, and one could ask why we need a private Member’s Bill to do something about it. We know that the Government have already committed to ratifying the convention and have provided many examples of the work that they are doing to meet and go beyond its requirements, but this is an historic day and an important private Member’s Bill, which provides a chance for everyone in the House to come together and show our support for an important issue.
The best way to end violence against women is to prevent it from happening in the first place. That means changing prejudices, attitudes and gender stereotypes through the further training of professionals and the use of NGOs to help people recognise and challenge different forms of violence and to prevent victimisation. I emphasise the need for co-operation between agencies. We must ensure that children are taught about equality at an early age and that intervention and treatment programmes are working as well as they possibly can. I recall visiting a women’s refuge in the north-east several years ago. I was humbled to meet the women and children there, and I gained a deeper understanding of the fact that domestic violence has no social boundaries or age limits. Sadly, it cuts across all classes and all areas of society.
The women and girls who have been failed by preventive measures and have become victims of violence must be offered the best possible protection and support. They need support and understanding from Government agencies, the police, and health services, many of which already do terrific work. Specific measures include ensuring that victims have access to adequate information in a language that they can understand, that shelters are established with an adequate geographical distribution, and that easily accessible rape crisis and sexual violence referral centres are available to those who need them.
Turning to the prosecution of perpetrators, one of the convention’s biggest achievements is the range of measures, procedures and best practices for investigating and prosecuting violence against women. The convention ensures that victims must be protected at all stages of an investigation whether through emergency barring orders, whereby the police can remove a perpetrator of domestic violence from their home, or restraining and protection orders. Such orders must be available for immediate protection, allowed during subsequent legal proceedings and, possibly most importantly, issued without prejudicing the defendant’s right to a fair trial.
The issue is not confined to the UK or Europe, so I want to discuss violence against women and girls abroad. Through my work on the International Development Committee and as co-chair of the all-party parliamentary group for sustainable development goals, I have seen and heard about examples of violence against women and girls throughout the world. Sexual violence is one characteristic of the ongoing insurgency in north-east Nigeria. Earlier in the year, along with my International Development Committee colleague, the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) —I hope I have pronounced that correctly [Hon. Members: “Hear, hear!”]—I met representatives from “Bring Back Our Girls” campaign at the Unity Fountain in Abuja. They campaign on and highlight the issues relating to the missing Chibok girls. It is now 978 days since they were abducted and 196 of them remain missing. This campaign cannot be pushed to the sidelines, and this event was really moving. It was one of the memorable parts of that visit earlier in the year, albeit for sad reasons.
In 2014, the then Foreign Secretary, Lord Hague of Richmond, as he is now, hosted the first global summit to end sexual violence in conflict, along with the UN special envoy for the United Nations High Commissioner for Refugees. It took place here in the UK and was the largest gathering ever brought together on the subject, with 1,700 delegates and 123 country delegations, including 79 Ministers. The summit agreed practical steps to tackle impunity for the use of rape as a weapon of war and to begin to change global attitudes to these crimes. As I said earlier, changing attitudes to these crimes and towards equality in general must surely be the best way of ending violence against women.
Similarly, in 2005 the UK successfully advocated for a stand-alone goal on gender equality as part of the sustainable development goals and the establishment of dedicated targets within the goals for all countries on ending all forms of violence against women and girls. It is only with measures such as these that we can hope to bring an end to the suffering of women worldwide.
It is also only fair to draw attention to some of the good work that the Government and the Department for International Development are doing throughout the world to help end violence against women and girls. DFID is running a number of successful programmes to tackle FGM, helping 15 countries to have a policy framework or action plan to end it. The Secretary of State for International Development has demonstrated her commitment to this important work recently, committing £2.75 million to the UN trust fund to end violence against women, supporting organisations across the world to tackle gender-based violence. That takes the UK’s total contribution to the fund to £11 million. The SDGs are global—they are universal—and it is right and proper that we recognise them today in this important debate. We must recognise that there is still a long way to go, but a lot of work has already been done on goal 5, which is to:
“Achieve gender equality and empower all women and girls”.
Let me come back to what is happening in the UK and the reason we are all here today. I am conscious that I am indulging your time, Mr Deputy Speaker—I am looking at the clock as I speak. Last year, there were more than 100,000 prosecutions for domestic abuse. The fact that more victims are having the confidence to come forward and report violence shows that we are moving in the right direction, but there is always more we can do, and ratifying the Istanbul convention is one way of achieving that. I end by recognising the work the Government have done already in line with the Istanbul convention, and they should be applauded. I will be supporting the Bill today, to help ensure that violence against a woman simply because she is a woman becomes a thing of the past.
I intend to be relatively brief this morning, Mr Deputy Speaker. Let me start by congratulating my hon. Friend the Member for Banff and Buchan (Dr Whiteford) on securing this very important private Member’s Bill debate and on the consensus she has managed to build in seeking to drive this forward. We hope that by the end of today we will see the Bill moving forward to its next stage.
This issue was brought to me early in my election campaign of 2015 by a number of campaigners in Midlothian, and it was even raised as a question at one of our hustings. Luckily, I had at least a limited grasp of what the Istanbul convention was by that point, although sadly not all of those on the panel that night did. The journey we have taken even since that point and the awareness that has been raised among countless Members by the tireless campaigners already mentioned by my hon. Friend shows the real strength of feeling on this issue and a genuine change in attitude that we are starting to see coming through. But we do need to do more, which is why it is so important that this Bill makes progress today. In my constituency, Women’s Aid, East and Midlothian has been campaigning on this issue for a number of years and it has told me that it sees the ratification of the Istanbul convention as the most comprehensive strategy for addressing violence against women and girls, and therefore as an opportunity to bring unprecedented positive change for women and girls.
I think we can all agree that we need to do something—we need to do more. In my brief contribution, I want to look at some of the other issues we see around us and at the role men can play in trying to address them and change attitudes. We all want to see an end to violence against women, and we need that attitudinal change. When we see discrimination and some of the comments that are made online, all of us, but especially the men among us, have an important role to play—we need to challenge the attitudes of other men when we see that type of abuse taking place online. At this point, I must give particular praise to my hon. Friend the Member for Paisley and Renfrewshire North (Gavin Newlands), who is doing a huge amount of work on tackling this, via a number of different avenues, including by chairing the all-party group on the white ribbon campaign. I am sure we are going to hear from him shortly, but I cannot let this sitting pass without putting on the record my feelings of support, and I am sure those of my colleagues, for the work that he is doing.
We all have such an important role to play. We have an opportunity to be leaders in our own communities, to change attitudes, to take that stand and drive change for the best. If we can influence young people today and change their attitudes before it is too late, we can really get that shift change in attitude that will eventually see us taking those steps to eradicate violence against women. There is no need for any violence against women to take place and we need to do everything we can to stamp it out at every opportunity. We must not stand by and watch, whether we are talking about violence or simply about an offensive comment online. All of us have a responsibility to make a stand and do what we can to make sure that we make these changes. A fantastic first step in doing that will be to support the Bill today.
May I commend the hon. Member for Banff and Buchan (Dr Whiteford) for introducing the Bill and for the typically excellent speech she made? She is one of the best performers in the House of Commons and she further enhanced her reputation with her speech today.
This is a Bill to:
“Require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.”
I do not expect to find much support in this House for some of what I want to put on the record today—that is normal, in my experience—but I expect that many people outside this House are more likely to agree. We have only to look at the EU referendum to see how out of touch this House is with majority opinion across the country.
This is a typical Friday Bill. It comes with a worthy sentiment; who could possibly be against trying to stop violence against women? The answer is nobody. I am not aware of anybody who wants to argue that people should be violent towards women and girls—of course they should not. The argument seems to be that, as long as someone supports the premise in the Bill’s title of “combating violence against women”, they must support the Bill, and that someone who opposes the Bill must be in favour of violence against women and children. That is the level of debate I would expect from the morons on Twitter, but I still live in hope that we might have better-quality debate than that in this House, although in my experience it does not actually get much better normally. I live in hope and will try again to have a sensible debate about these matters rather than the level of debate that we get used to on social media. I have a fundamental objection to the whole premise that we need to deal only with violence against women.
Erm, no! It was worth thinking about for a few seconds. If the hon. Lady comes back to me later, I may well oblige her—I could not resist that temptation.
I really appreciate the hon. Gentleman’s tone and the fact that he recognises the seriousness of this matter. I must point out to him that there are two parts to the Bill: combating violence against women and domestic violence. It does not say whether the domestic violence is against men, women or children.
I am very grateful to the hon. Lady for highlighting that, and I will come on to that. As she rightly said, and as I tried to illustrate at the start of my contribution, there are two separate elements to this Bill, and I want to do justice to both of them if I may.
To be honest, I cannot believe that this needs saying, but it is so discriminatory and sexist to say that we should be focusing only on violence against women. If this was the other way around, there would be an absolute outcry from people in this House, and rightly so. I do not take the view that violence against women and girls is somehow worse than violence against men and boys. As far as I am concerned, all violence is unacceptable, and all violence against the person should be punished by law. Both men and women are victims and both are perpetrators of these crimes. I believe in true equality, and want people to be treated equally whether they are a victim or a perpetrator of crime.
My hon. Friend is making a characteristically passionate speech, but does he not want to acknowledge that, over the past 20 years, half of the victims of murder who were women were killed by family members, and only 6% of males who have been murdered were killed by family members? That is quite a significant discrepancy and it needs to be acknowledged in this House.
I will come on to the discrepancy between the levels of violence against men and women in due course, because it is worth highlighting.
I believe in true equality and want people to be treated equally. At the moment, whether people like it or not, men are treated more harshly than women in the criminal justice system—that is certainly the case when it comes to sentencing. I know that that is an inconvenient truth for many people, but it is the truth nevertheless. On top of that—this is where it relates to my hon. Friend’s point—all the evidence shows that men are more likely to be a victim of violent crime than women in this country.
I thank the hon. Gentleman for his graciousness—genuinely. When he started speaking, he said that a Member saying that they do not support this Bill does not mean that they support violence against women. He is absolutely right to say that it is not a zero-sum game, but does he agree that wanting a Bill that supports women does not mean that we do not want one that supports men? There is no use of the word “only” in this Bill. If he wishes to bring in a Bill about violence against men, I will gladly co-sponsor it with him.
I am very grateful to the hon. Lady. Perhaps then we can go back to the drawing board and make it clear that we want to introduce a Bill that targets men and women alike. If we do that, I would be delighted that both of us would be able to support it.
If the hon. Gentleman will allow me, I will read a bit from the Istanbul convention, to which I alluded in my speech. It says that
“measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.”
That is article 4, clause 3, of the Istanbul convention.
I am very grateful to the hon. Lady. As I have said, we can go back to the drawing board and bring back a Bill that all of us can support. We have had four speeches so far, and I think I have heard only one passing reference to men. The whole thrust of this debate and argument, and the whole point of this Bill today, is simply about the unacceptability of violence against women. That is all we have heard so far. It is no good now trying to redraw the nature of the debate, because I am raising the point about true equality. If people really believe in equality in this House, let us go back to the drawing board and bring back a Bill that makes that clear.
Although it is true that article 4, which has just been quoted by the promoter of this Bill, says what she says it says, article 2 is the relevant article, because it sets out the scope of the convention. Paragraph 1 of article 2 quite clearly states:
“This Convention shall apply to all forms of violence against women.”
My hon. Friend is absolutely right. I will also come on to article 1, which makes it clear that discrimination against men is absolutely fine as far as the convention is concerned. It flies in the face of the impression that the hon. Member for Banff and Buchan wants to give. There is an easy way to deal with this, as we all seem to be in agreement: we can go back to the drawing board and bring forward a Bill on which we can all agree.
In view of the fact that the Government have signalled that they will ratify this convention, is my hon. Friend saying that he does not want the Government to ratify it?
I am against ratifying it, and I am trying to set out my reasons for my view. I want the Government to ratify something that targets all violence. During the course of my speech, I will test out Members’ commitment to stamping out violence—whether it be by men or women.
Is my hon. Friend arguing that there is no point in doing something that is a good thing, unless it solves all the problems of the world?
If my hon. Friend is happy for a convention to make it explicitly clear that it is fine to discriminate against men—[Interruption.] I know that a lot of people are up in arms. I suspect that most of them have not even bothered to read all of the articles in the convention. If they want to, off the cuff, repeat to me article 1 of the convention in full—[Interruption.] No, I did not think that they could. They are just up in arms because of what I said at the start of my speech. They think, “It seems like a worthy sentiment, so we must support a worthy sentiment.” They have no substance for their view, but I am sure that if they want to catch your eye, Mr Deputy Speaker, and explain all the nuances of the different articles of this convention, you will humour them. I suspect that there is not much substance behind all the hollering, as usual, from our Scottish National party colleagues. I will try to help out my hon. Friend the Member for Twickenham (Dr Mathias) by explaining why I think that this convention should not be ratified. I am trying to make it clear that I believe in true equality rather than in this kind of equality that applies only to one gender.
My premise is that all the evidence shows that men are more likely to be victims of violent crime in this country than women.
I am sure that the hon. Gentleman is aware that two women a week are killed. I do not know whether he has ever gone to a funeral of a woman who has died and seen the children there. I can assure him that I have, and it is a very uncomfortable experience.
There are also funerals of men who have died. I am sure that that is just as uncomfortable an experience for their children. I am very sad that the hon. Lady does not recognise that, when a father dies, it is just as upsetting for the children as when a mother dies. I take issue with that premise.
When the hon. Gentleman gives that crime statistic, is he trying to say that all those men have been made victims of crime because they are men? This Bill is about combating violence against women that is committed precisely because they are women and girls. That is not the case with the vast majority of crimes that he is talking about in those statistics.
The hon. Gentleman is going down an interesting route, as he is basically saying that, no matter the injuries a person sustains in a violent attack, all we should be concerned about is the motivation. If the motivation is not what the hon. Gentleman thinks—[Interruption.] That is fair enough. It seems to me, though, that if somebody comes up to a person because they hate them and beats them to a pulp, the nuance of why they hate that person is less important than the scale of the injuries they suffer and the need for the person who perpetrated the crime to be punished. The hon. Gentleman clearly has a different opinion on that. I am more interested in the violence and the punishment of the perpetrator.
My hon. Friend makes a perfectly valid point. If we follow the logic of today’s debate, the Geneva convention should have applied only to men, as they were much more likely to be subjected to what it was intended to cover. I think that that would be nonsense, and I suspect that my hon. Friend and most people here think that it would be nonsense too, but it is amazing that when it falls on the other side, everyone is silent. That is the hypocrisy I want to expose today and I am going to press on and expose it.
To highlight the fact that men are more likely to be the victims of violent crime, I will quote the recent statistics from the Ministry of Justice on the representation of females and males in the criminal justice system. They confirm that men are nearly twice as likely to be the victim of violent crime than women. According to the crime survey of England and Wales, 1.3% of women interviewed reported being victims of violence compared with 2.4% of men. My point also applies to children. Again according to the crime survey for England and Wales, in 2015-16 a smaller proportion of girls than boys reported being victims of violence—4.2% of girls versus 7.7% of boys.
It is not just with violence generally that men do worse than women. When it comes to the most serious cases, according to the crime survey for England and Wales, in 2015-16 women accounted for 36% of recorded homicide victims while men were victims in 64% of cases. Clearly, on every possible level of crime, a man is more likely to be the victim than a woman.
Although we have not heard much, if anything, about this today, men are also victims of domestic violence. It is right that in two thirds of domestic violence incidents a woman is the victim, which is absolutely outrageous, but in a third of cases the victim is a man. It may well be that some people in this House think we should only be concerned about the two thirds who are women, but I do not. We should be concerned about all victims of domestic violence equally. They are all victims of domestic violence and we should consider them equally whenever we consider a response to it, not just the two thirds who happen to be women.
According to the Office for National Statistics report “Focus on Violent Crime and Sexual Offences”, which relates to the year ending March 2015 and which was released in February, the crime survey of England and Wales estimates that 8.2% of women and 4% of men reported experiencing any type of domestic abuse in the last year—that is all forms of abuse. That is equivalent to an estimated 1.3 million female victims and 600,000 male victims, all of whom, in my opinion, equally deserve our support. The ONS also confirms that 6.5% of women and 2.8% of men reported having experienced any type of partner abuse in the last year, equivalent to an estimated 1.1 million female victims and 500,000 male victims.
The Bill refers to preventing and combating violence against women and domestic violence. Although the first part is relatively clear, the second bit, about domestic violence, is not so clear, because of the definition of domestic violence. Our definition of it includes non-violent components, so we need to be very careful when bandying around figures about domestic violence. That is inevitably the problem with a wide definition. It has the word “violence” in the title, and people then understandably assume it relates to physical violence, but that is not always necessarily the case and that can be quite confusing. We must also remember that domestic incidents include people in relationships, as well as those in family and other relationships that could be considered domestic in nature. What I am trying to say is that the notion that in every case of domestic violence or abuse the perpetrator is a big, burly wife-beater is just that—a notion, not fact.
I asked the House of Commons Library for some information on what is known as the Istanbul convention, which this Bill seeks to ratify. The Library said that it is a Council of Europe convention on preventing and combating violence against women and domestic violence. It was adopted by the Council of Europe on 7 April 2011, was open for signature on 11 May 2011 at the 121st session of the Committee of Ministers in Istanbul, and entered into force on 1 August 2014. The UK signed the convention on 8 June 2012, but has not yet ratified it. Some countries have signed the convention, like the UK, and some have signed it and ratified it as well. I will not go through all the countries and give their positions on it, although it is very illuminating and relevant to the debate, but I do not want to test the patience of the House.
Some countries have signed the convention but not ratified it, like us. Sudan was mentioned as an illustration earlier. As my hon. Friend the Member for Christchurch (Mr Chope) rightly highlighted, Germany has not ratified it. Nor has Iceland, Greece, Hungary, Lithuania, Croatia and Cyprus. They are all members of the European Union, which is apparently such a fine institution that SNP Members are desperate for us to remain part of it, yet their wonderful partner countries have not bothered to ratify the convention either. There was no mention of that, strangely, in the speech made by the hon. Member for Banff and Buchan. It is particularly interesting to note that Ireland only signed the convention on 5 November 2015, and has also not ratified it. Perhaps the hon. Member for Foyle (Mark Durkan) might want to have a word with his friends in the Irish Republic to ask why they have not ratified it.
SNP Members were up in arms earlier about something that they never bothered to read and that they knew nothing about, but I will help them out, as I can tell them what article 1 says. It sets out five purposes, and the first is to
“protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence”.
The second is to
“contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women”.
The third is to
“design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence”.
The fourth is to
“promote international co-operation with a view to eliminating violence against women and domestic violence”,
and the fifth is to
“provide support and assistance to organisations and law enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence”.
Let us consider the first point. Of course we are all united in our opposition to any violence against women and girls. I will repeat that, Mr Deputy Speaker, if you do not mind, because I want to make it clear so that nobody misunderstands the terms of this debate. We are all united in our opposition to any violence against women and girls. I would be astounded if any of us were not. I pride myself on being one of the most hard-line Members on matters of law and order and sentencing, and I always find it rather strange that those who speak passionately about how we should have zero tolerance of violence against women and girls and violence against people—which I agree with—are often the same people who then argue that the perpetrators of violence should do anything but be sent to prison.
The hon. Gentleman has helpfully laid out the objectives of the Istanbul convention. Can he explain precisely what he sees as the downside of ratifying the convention, given all that it could do to achieve much greater focus and energy in the prevention of violence against women and girls, and for all those—whether male or female—who will be victims, particularly given the scale and nature of domestic violence?
My hope is that, by the time I have finished speaking, the hon. Lady will be much wiser about why I wholly oppose the Bill.
Yes, my hon. Friend is absolutely right, and he makes a good point. As I made clear, our definition of domestic violence is very different from that used in most other countries. However, there are other reasons, which I will come to, and article 1 contains something I fundamentally disagree with.
We are in the ridiculous situation where 66% of men convicted at Crown Court in England and Wales of violence against the person are sent to prison, compared with 37% of women. If we really want to send out a message—I heard a number of Opposition Members say that that was the purpose of the Bill—of zero tolerance of violence against the person, the first thing, and perhaps the main thing or even the only thing, we should do is press for much tougher sentences for people who are found guilty. One way to prevent and eliminate violence is to send people to prison for longer, because while they are in prison, they cannot perpetrate any violence against anybody in their households, or anywhere else for that matter.
The Labour party, which is apparently so concerned about violence against women and girls, actually introduced a law in a previous Parliament whereby somebody who is sent to prison for committing violence against a woman or a girl has, by law, to be released halfway through their prison sentence, whether or not it is considered that they will go straight back into the household they came from and commit the same crime again. By the law of the land, those people have to be released halfway through their sentence. The last Labour Government introduced that, so it is no good Labour Members coming here today and saying how committed they are to stopping violence against women and girls, when they are the ones who are responsible for these people being let back out on to the streets and back into their houses much sooner than the courts originally intended.
If people want to do something worth while to prevent violence against women and girls and against other people, let us all press for stronger prison sentences. Let us all press for people to spend more of their sentence in prison, rather than being released out on licence. How many people are up for that in the House today? They all go amazingly quiet, because when it comes down to it, they want to huff and puff about being tough on violence against women and girls. When it comes down to the actual thing that most of our constituents would recognise as being tough on violence against women and girls—tougher prison sentences—Opposition Members run away, because they do not like people being sent to prison.
My hon. Friend is making a very valid point. Does he not feel that there may be some correlation between the fact that the figures for violent crime are increasing and the fact that, as he has just pointed out, criminals know they will be let out halfway through their sentence?
My hon. Friend is absolutely right. This is not rocket science: the more criminals who are in prison, the fewer criminals are out on the street committing crimes. That is not really a massively difficult concept to grasp, although Opposition Members appear to be struggling with it. It is not that difficult to understand that if the people who commit these crimes are in prison, they cannot be committing these crimes. My hon. Friend must therefore surely be right in his suspicion.
The convention does not just cover violence, as article 1b mentions, and that is one of the reasons why I have a fundamental problem with the convention. Article 1b wants
“the elimination of all forms of discrimination against women”,
but I do not see how introducing a specific duty to eliminate all forms of discrimination against just women is not discriminatory in itself—I sometimes wish people could see the irony of their proposals. Surely, we should want to eliminate all forms of discrimination—full stop. Article 1b is, in effect, saying that discrimination against a man is okay because all we want to do is end discrimination against women. Well, it is not okay; no discrimination is okay. If this convention said, “Actually, what we want to do is end all forms of discrimination—full stop,” I would be the first to support it, but it does not say that. It talks about discrimination against women only. Surely, Members cannot support that form of discrimination. It flies in the face of everything we are supposed to believe in if we believe in true equality.
Then we have the phrase “including by empowering women”. This is obviously a legal document, and I am not entirely sure what the legal definition of that is supposed to be. We have some very respected people of the law in the Chamber today, and they may be able to help us out with the legal definition. I genuinely do not know, and I will bow to other people’s superior knowledge. The English dictionary definition of empowering is
“approving having qualities that give a person or a group of people the means to take more control of their lives and become stronger and more independent”,
and we are all in favour of that I would like to think.
Most concerning to me, however, is the fact that this whole strategy seems to be based on the premise that all this violence against women is committed by men. Why else would it link discrimination, stereotyping and violence? That certainly seems to be the thought of many of the people who are supporting the convention and the Bill. The impression people might be under is that the perpetrators of all these crimes against women are men. Indeed, on the website of one of the campaigns endorsing the Bill, women were holding up placards with the slogan:
“Together we can end male violence against women”.
So it would seem that they are not interested in ending all violence, regardless of whether the victim is male or female, or even in ending all violence against women.
Despite what people want to believe, violence against women is not caused only by men. Indeed, there is no evidence to support that underlying assumption. A letter I received from the Crown Prosecution Service said:
“We are unable to provide information on your specific requests of ‘the sex of both the defendant and the victim’... This is because we record the sex of the defendant and victim as separate statistics rather than as a joined statistic.”
So today’s Bill is based on an assumption that can quickly be proved wrong. We only have to look at the individual cases that come to our courts to see that there are plenty where violence has been committed by a female offender against a female victim. Let me just give a flavour of those cases.
How about the case of Samira Lupidi, who stabbed her two young daughters to death in a refuge in November last year? Lupidi had been placed in a refuge with the girls after she called the police to their house, claiming her partner had been violent. Speaking about Lupidi’s relationship with the father, the judge said:
“You reacted to this very difficult situation by saying ‘If I cannot have them’”—
the children—
“‘neither can he’… This is a crime which speaks of rage and I sentence you on the basis that you killed them in anger and out of a desire for revenge.”
A jury of six men and six women found her guilty of murder after only 90 minutes’ deliberation.
What about the case of Sadie Morris, a female paedophile who was sentenced to five years in jail after photographing herself abusing a three-year-old girl? The offences took place between 1 and 31 July 2013, with photographs involving one category A image—the most serious level—and one category B and one category C image. What about the case of a Romanian sex gang led by women who trafficked vulnerable women into Britain and forced them into prostitution? The gang raked in more than £15,000 a month and forced the prostitutes to deposit the cash across 14 separate bank accounts.
Ending male violence against women would not have prevented any of these cases, as the offenders were also female. Crime does not discriminate. We have to get real: instead of speaking of female victims of male perpetrators, we should speak of all victims, regardless of sex, and all offenders, regardless of sex. Why do so many Members find that so difficult to do?
There are many female perpetrators of violence against both men and women, according to official Ministry of Justice figures. Its report, “Statistics on Women and the Criminal Justice System 2015”, says that violence against the person and theft were consistently the two offence groups with the highest number of arrests for both females and males. In fact, violence against the person accounted for 34% of all male arrests and 36% of all female arrests in the criminal justice system—we have not heard any of that in the speeches so far—while theft offences made up 21% of male arrests and 26% of female arrests.
Again, this is not restricted to women but also applies to girls. In 2015-16, violence against the person was the most common offence group for which juvenile females —10 to 17-year-olds—were arrested. In fact, 40% of arrests of girls aged 10 to 17 were for violence against the person. It is no good people shaking their heads; these are the facts—the official statistics—although they might be inconvenient. I am not surprised that Opposition Members have not heard about it; we never hear any of this in this place because we are so blinkered in only wanting to look one dimensionally at all these issues. I am not surprised that it has come as a shock to Opposition Members.
This is backed up by reports of cases such as that of Katie Neild, a 27-year-old mother of two who was rushed to hospital after a woman bit her and ripped a chunk out of her face, which left the victim with permanent scarring, even after an emergency skin graft. A case heard at my local court, Bradford Crown court, was that of a female who burgled a 79-year-old woman’s house in August last year. In her defence, the defendant’s barrister claimed that she would be extremely vulnerable in prison with a baby due in less than three months, despite her not being pregnant at the time of the burglary. However, Judge Thomas at Bradford Crown court—a fine man—said that his duty was to the pensioner whose life was so significantly affected that she had not left her home since.
This just gives a flavour of the vast array of cases where female offenders target female victims. The discriminatory underlay of this Bill is pointless and wrong, because not all victims are female and not all offenders are male. We should be bringing forward gender-neutral legislation that seeks to help all victims of crime—men and women—and to punish all offenders, men and women. Even in cases where people may assume that all violence is male on female, such as domestic violence, this is not so.
My hon. Friend has been referring to statistics from the United Kingdom. He may be aware of the European Union Agency for Fundamental Rights, which issued a very big report on violence against women—an EU-wide survey—in which it found that 11% of non-heterosexual women in Europe have experienced physical or sexual violence at the hands of other women.
I am grateful to my hon. Friend for alerting me to that fact, of which I was unaware. I was just coming on to that point, because it seems that the figures are worse than that in the United Kingdom.
Will my hon. Friend clarify something? Is he saying that if this Bill were gender-neutral, he would support it?
Yes, I am very much saying that—that is the thrust of my point. I absolutely would support the Bill if it were gender-neutral, but it clearly is not, and we need only read the convention to see that fact and to have heard the speeches we have heard so far today to realise that it has nothing to do with gender neutrality.
In 2008, Stonewall found that one in four lesbian and bisexual women have experienced domestic violence in a relationship, with 49.3% of bisexual women experiencing severe physical intimate violence. On abuse during childhood, the recent MOJ report, “Statistics on Women and the Criminal Justice System 2015”, notes:
“The perpetrator of physical abuse against females was almost as equally likely to be the mother as the father (33% and 36% respectively).”
This is not as clear-cut as some Members would want us to believe, but the Bill supports the narrative that they want to keep talking about. What they say bears no relation to the facts, but it very much helps a narrative that they want people to take away. At some point, some of us have got to say, “No, we are not prepared to allow these distortions to continue. We are going to argue what the actual facts are, not what people would want the facts to be.”
If people do not want to listen to me—which I understand that they often do not, because I say things that they do not want to hear—perhaps they might have more sympathy for a marvellous lady called Erin Pizzey. In 1971, Erin Pizzey opened the world’s first women’s refuge in Chiswick specifically dealing with all victims of domestic violence. Perhaps because of her background, she has the credentials, which I am not afforded the luxury of being granted, to be given a hearing. She went to the United States at the invitation of the US Government and embarked on a Salvation Army-sponsored tour of 21 cities to help set up shelters for victims of domestic violence. She did the same when she moved to Italy, and she returned to England in 1997. More recently, in March 2007, she opened the first Arab refuge for victims of domestic violence in Bahrain. I hope that people may listen to her if they will not listen to me. In 2011, she said in a press release on the international day for the elimination of violence towards women:
“25th November 2011 is the international day for the elimination of violence towards women. Like everybody else who reads this statement I am of course totally in favour of the elimination of violence towards women but unlike the instigators of this event I believe that we should be eliminating violence against everyone and that includes men and children.
“I applaud the efforts of Viviane Reding who is the Vice-President and Commissioner responsible for justice, fundamental rights and citizenship, Cecile Grebolvel who is the Secretary General of European Women’s lobby and Mikael Gustatsson who is Chair of Parliamentary Women’s Rights and gender equality commission in their efforts to protect women but I am puzzled as to why this enormous empire of women with the huge self important titles manage to avoid any discussion of the effects of violence upon the family, fathers and children.
If we have any hope of tackling the tragic effects of domestic violence we have to face the facts that women can and are also guilty of violence against their partners. To concentrate only of women as victims is to deny the fact that children are also abused by their mothers. We can no longer afford to cover up the huge scandal that has existed for the last forty years where only men have been held up as perpetrators of all violence.
My hope is that sufficient political pressure will be brought to bear upon these women who sit in great positions of power to acknowledge that we do indeed need to make November 25th a day when we all agree internationally that there should be zero tolerance for violence against anyone and that we will all work to make the family a safe and harmonious place.”
I think that we should listen to that very carefully indeed. It sums up entirely my view on this issue. That is a woman who has far more credentials than many people in this place, having set up the world’s first women’s refuge.
In response to a parliamentary question asked by the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), the Government said that they remain committed to ratifying the convention and set out what more needs to be done:
“The previous Government signed the Istanbul Convention to show the strong commitment it placed on tackling violence against women and girls and this Government remains committed to ratifying it… The UK already complies with the vast majority of the Convention’s articles but further amendments to domestic law, to take extra-territorial jurisdiction over a range of offences (as required by Article 44), are necessary before the Convention can be ratified. The Ministry of Justice is currently considering the approach to implementing the extra-territorial jurisdiction requirements in England and Wales and will seek to legislate when the approach is agreed and Parliamentary time allows.”
According to the Library, article 44 of the convention, on which the Government were placing great weight, states:
“Parties shall take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:
a in their territory; or
b on board a ship flying their flag; or
c on board an aircraft registered under their laws; or
d by one of their nationals; or
e by a person who has her or his habitual residence in their territory.”
Paragraph 2 states:
“Parties shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention where the offence is committed against one of their nationals or a person who has her or his habitual residence in their territory.”
Paragraph 3 states:
“For the prosecution of the offences established in accordance with Articles 36, 37, 38…and 39…of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction is not subordinated to the condition that the acts are criminalised in the territory where they were committed.”
Paragraph 4 states:
“For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction as regards points d and e of paragraph 1 is not subordinated to the condition that the prosecution can only be initiated following the reporting by the victim of the offence or the laying of information by the State of the place where the offence was committed.”
Paragraph 5 states:
“Parties shall take the necessary legislative or other measures to establish jurisdiction over the offences established in accordance with this Convention, in cases where an alleged perpetrator is present on their territory and they do not extradite her or him to another Party, solely on the basis of her or his nationality.”
Paragraph 6 states:
“When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult each other with a view to determining the most appropriate jurisdiction for prosecution.”
Paragraph 7 states that
“this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its internal law.”
It is, apparently, because of article 44 that the Government are dragging their feet.
I am grateful to my hon. Friend for putting that on the record. I think it worth also noting that article 36 refers to “Sexual violence, including rape”, article 37 refers to “Forced marriage”, article 38 refers to “Female genital mutilation”, and 39 refers to
“Forced abortion and forced sterilisation.”
My hon. Friend is right to highlight the subjects of those articles. It was probably remiss of me not to do so myself.
It seems that the Government are hanging their hat on article 44. Perhaps the Minister will be able to explain more about the difficulties that they are experiencing in relation to it and the other articles mentioned in it, to which my hon. Friend has just referred.
My hon. Friend makes a good point, but I am not sure that I can do as he asks, because this is a thorny issue. My hon. Friend has a great advantage over me, in that not only is he experienced in legal matters—which I certainly am not—but for many years he was a member of the Council of Europe. I hope that we may benefit from some of his expertise later, when he may, in passing, be able to answer his own question, which I am not able to do.
The hon. Member for Paisley and Renfrewshire North tabled an early-day motion on this subject, which read:
“That this House notes that 8 June 2016 marks the fourth anniversary of the UK Government becoming a signatory to the Istanbul Convention on violence against women and girls; expresses disappointment that the Government, despite outlining their commitment to do so several times, has still failed to ratify this important convention; recognises that women still face a significant amount of inequality, with one in four women experiencing some form of domestic, sexual or psychological abuse during their lifetimes; further notes that ratifying the Istanbul Convention should ensure that a series of preventative policies will be introduced to help tackle and end violence against women, such as non-violent conflict resolution in relationships and the right to personal integrity being included in school curricula at all levels; congratulates the campaign group ICchange for their continuing work in applying pressure on the Government to ratify the convention; and calls on the Government to accede to this pressure and ensure ratification as soon as possible.”
There are a couple of interesting things to note about that motion. First, when I last looked it had 47 signatories, so despite the contention by the hon. Member for Banff and Buchan that the House was unanimous in its support for her proposal, that unanimous support does not seem to have found its way there. Secondly, notwithstanding Members’ attempts to do a bit of back-tracking now, and to start saying that they care about violence against men as well—they offered no such views in the speeches we heard earlier— the EDM lets the cat out of the bag. Those Members do not care about violence against men. The EDM makes no mention of violence against men. It is all about violence against women. Let us not try to pretend now, at this late stage, that this is about gender neutrality; it is not, and people obviously know that it is not.
There is an awful lot to the convention—far more than I intend to go into today; I am sure Members will be relieved to hear that. Although I am sure that I would be deemed to be in order if I went into all of it, I want to hear from other speakers. Given that the Bill requires the ratification of the convention, however, it is all very relevant, and I want to put on record some of the key facts that it contains.
The Council of Europe’s website sets out the position. It says:
“In simple terms, preventing violence against women and domestic violence can save lives and reduce human suffering. Governments that agree to be bound by the Convention will have to do the following: train professionals in close contact with victims; regularly run awareness-raising campaigns; take steps to include issues such as gender equality and non-violent conflict resolution in interpersonal relationships in teaching material; set up treatment programmes for perpetrators of domestic violence and for sex offenders; work closely with NGOs; involve the media and the private sector in eradicating gender stereotypes and promoting mutual respect.”
That last bit sounds a bit like media censorship to me, but I am not entirely sure what the Council of Europe has in mind.
“Preventing violence against women and domestic violence should not be left to the state alone. In fact, the Convention calls on all members of society, in particular men and boys, to help reach its goal of creating a Europe free from all forms of violence against women and domestic violence. Violence against women is pervasive because misogynistic attitudes towards women persist. Each and every one of us can help challenge gender stereotypes, harmful traditional practices and discrimination against women. It is only by achieving real gender equality that violence against women can be prevented.”
It is clear that the convention goes well beyond trying to combat violence against women, and has a much wider remit than people would have us believe.
The website goes on to say:
“When preventive measures have failed and violence incidents have happened, it is important to provide victims and witnesses with protection and support. This means police intervention and protection as well as specialised support services such as shelters, telephone hotlines etc. It also means making sure that general social services understand the realities and concerns of victims of domestic violence and violence against women and support them accordingly in their quest to rebuild/resume their lives.
Some examples of measures set forth in the Convention include:
Granting the police the power to remove a perpetrator of domestic violence from his or her home: In situations of immediate danger, the police need to be able to guarantee the safety of the victim. In many instances this may mean ordering the perpetrator for a specified period of time to leave the family home and to stay away from the victim.
Ensuring access to adequate information…victims are usually traumatised and need easy access to clear and concise information on available services, in a language they understand.
Setting up easily accessible shelters in sufficient numbers and in an adequate geographical distribution: Victims come from a wide range of social realities. For instance, women from rural areas or disabled women need to have access to shelters as much as women from big cities.”
There is not one mention of a male victim of domestic violence. In a moment I shall say something about the supply of refuges for men and women, because I think it important to establish the extent to which the Government are fulfilling that requirement.
The website continues:
“Making available state-wide 24/7 telephone helplines free of charge: Specialised helplines for victims of violence against women and domestic violence can direct the victims to the services they need…
Setting-up easily accessible rape crisis or sexual violence referral centres: These centres provide immediate medical counselling, trauma care and forensic services and are extremely rare across Europe. It is important to make these services more widely available.
It should be borne in mind that it is not enough to set up protection structures and support services for victims. It is equally important to make sure victims are informed of their rights and know where and how to get help.”
I absolutely agree that victims should be better protected and have more of a voice in the justice system, but as far as I am concerned that applies to male victims as much as it does to female victims. When it comes to domestic violence, it is actually male victims who have the least support, not female ones.
An Office for National Statistics report from February 2016 on violent crime and sexual offences relating to the year ending March 2015 states:
“Overall, 27.1% of women and 13.2% of men had experienced any domestic abuse since the age of 16, equivalent to an estimated 4.5 million female victims and 2.2 million male victims.”
Those are shocking figures. New data from the ONS for the year ending March 2016 found that, of those who said that they had experienced domestic abuse, 1.2 million were female and 651,000 were male. As I established earlier, of every three victims of domestic abuse, two will be female and one will be male. Yet despite that split of two thirds and one third—we must all agree on that; they are the official figures and I have not heard anybody argue against them—there is absolutely no such funding split. Perhaps the Minister will explain why.
According to the Mankind Initiative:
“20 organisations offer refuge or safe house provision for male victims in the UK—a total of 82 spaces, of which 24 are dedicated to male DV victims only (the rest being for victims of either gender).”
Men have a chance of accessing only 82 spaces, only 24 of which—in the whole country—are guaranteed for them. The Mankind Initiative continues:
“For female victims, there are nearly 400 specialist domestic violence organisations providing refuge accommodation for women in the UK with c4,000 spaces for over 7,000 women and children.”
Two thirds of victims of domestic violence are women and a third are men, but there are 7,000 places in refuges for women and a maximum of 82 for men. How can that possibly be gender neutral or fair? I genuinely want to know why people think that that can possibly be fair, if we are genuinely interested in being gender neutral. Of course, we know that many people are not interested in being gender neutral.
It is interesting, too, that male victims are much less likely to come forward than female victims, which again suggests that it is male victims who need more encouragement. According to the Mankind Initiative:
“Male victims (29%) are over twice as likely than women (12%) to not tell anyone about the partner abuse they are suffering from. Only 10% of male victims will tell the police (26% women), only 23% will tell a person in an official position (43% women) and only 11% (23% women) will tell a health professional.”
On discussing sexual abuse during childhood, the recent Ministry of Justice report, “Statistics on Women and the Criminal Justice System 2015”, states:
“12% of female victims and 25% of males told someone they knew personally about childhood sexual assault by rape or penetration (including attempts) at the time, usually a family member (18%). Only 10% of female victims told someone in an official position, with 8% reporting the abuse to the police. Only 2% of male victims reported the abuse to the police.”
Although sexual abuse is an absolutely huge issue among girls, with only 30% of victims telling anyone at all, it is also an issue among boys, but it is being massively under-reported, with only 27% of victims telling anyone, and only 2% telling the police.
The convention’s position on the prosecution of perpetrators is interesting, too. The Council of Europe says:
“The convention defines and criminalises the various forms of violence against women as well as domestic violence. This is one of the many achievements of the convention. To give effect to the convention, state parties will have to introduce a number of new offenses where they do not exist. These may include: psychological and physical violence, sexual violence and rape, stalking, female genital mutilation, forced marriage, forced abortion and forced sterilisation. In addition, state parties will need to ensure that culture, tradition or so-called ‘honour’ are not regarded as a justification for any of the above-listed courses of conduct.”
I am not sure how we deal with psychological violence, but most of those offences can have male victims, too. That does not include female genital mutilation, obviously, as that clearly relates only to females, and male circumcision is still considered to be legal. In the case of a forced abortion, which on the face of it is a female issue, if the person doing the forcing is not the father, there is potentially a father who is the victim of a lost child, so it is not just the woman who might suffer in that situation.
According to figures obtained by the Mankind Initiative:
“Of those that suffered partner abuse in 2014/15, a higher proportion of men suffered from force (37%) than women (29%). For emotional and psychological abuse the proportions were 61% and 63% respectively.”
There is not a fat lot in it, as it happens. There is almost exactly the same number of male victims of psychological abuse as female victims.
On the issue of psychological abuse of children, the recent MOJ reports states:
“Of those who experienced psychological abuse as a child, the perpetrator was most likely to have been the victim’s mother (40%) or father (35%). Women were more likely to have experienced this form of abuse from their mothers (42%) than fathers (33%), whereas men were equally likely to be abused by either parent.”
The matter of actual violence and injury is also interesting. The Mankind Initiative states:
“Of those that suffered from partner abuse in 2012/13, 29% of men and 23% of women suffered a physical injury, a higher proportion of men suffering severe bruising or bleeding (6%) and internal injuries or broken bones/teeth (2%) than women (4% and 1% respectively). 30% of men who suffer partner abuse have emotional and mental problems (47% women). Only 27% of men sought medical advice whilst 73% of women did.”
This Bill would ensure the ratification of a convention that does nothing to address domestic violence against men, just women.
I want briefly to mention the other offences that might, on the face of it, seem to apply only to women. Government figures show that one in every five victims of forced marriage is a man. In 2013, there were 234 cases of forced marriage in the UK where the victim was a man. On stalking, which many will no doubt assume involves a man stalking a woman, 2.4% of men and 4.9% of women experienced stalking in 2014-15. Again, of every three victims of stalking, two are women and one is a man.
The Council of Europe says:
“Once these new offenses have found their way into the national legal systems, there is no reason not to prosecute offenders. On the contrary, state parties will have to take a range of measures to ensure the effective investigation of any allegation of violence against women and domestic violence.”
It does not say that state parties will have to take a range of measures to ensure the effective investigation of violence against men. It seems to me that that does not matter to the Council of Europe. It goes on:
“This means that the law enforcement agencies will have to respond to calls for help, collect evidence and assess the risk of further violence to adequately protect the victim.
Furthermore, state parties will have to carry out judicial proceedings in a manner that respects the rights of victims at all stages of the proceedings and that avoid secondary victimisation.”
In February 2015, the Joint Committee on Human Rights published a report, “Violence against Women and Girls”, on the UK’s progress towards ratification of the convention. Again, the report is about violence against women and girls, with nothing about violence against men and boys. I do not know what anybody else thinks, but if the son of somebody in this House is the victim of violence, would they consider that to be less important than if their daughter was a victim of violence? I would like hon. Members to explain why they think violence against their sons would be less important. We may hear about that from other Members later, but we have not so far.
That’s because you keep talking.
I am glad that I am educating the hon. Gentleman, because he certainly knew nothing about article 1 of the convention before I highlighted it for him.
Chapter 8 of the report looked at ratification, and began by setting out what others had said about it. The International Development Committee has called on the Government to do more to address violence against women and girls within the UK. Again, it is about violence against women and girls. It states that
“the UK’s international leadership is weakened by its failure to address violence against women and girls within its own borders”.
Professor Kelly argued in evidence that, although the Government are undertaking good work abroad on violence against women and girls, more needs to be done in the UK:
“I think we have a hypocrisy about human rights. We talk about human rights internationally for others, and we are mealy-mouthed about it at home. If we could have a common discourse that, actually, this happens here, too—then I think we might be able to have a more constructive conversation about it.”
The Bar Human Rights Committee of England and Wales said:
“Ratification would emphasise that the state has a positive duty in law to intervene in a proactive way to modify practices that result in harm, violence and degradation to women and girls. It would provide a further basis in law for those who wish to persuade the state to provide adequate and meaningful resources to construct an effective mechanism to protect women from gender violence and harm.”
Again, this is not gender-neutral. How can anyone argue that the convention is gender-neutral? There is no gender-neutral language anywhere in it for anyone to read. The report set out the background to the then Government’s position, which I do not want to go through in detail.
Order. The hon. Gentleman has said that he wants other Members to be able to get in, and I hope he will bear it in mind that we have a very long list of speakers.
I appreciate that, Mr Deputy Speaker, but there are certain things that I say that nobody else can be trusted to say. If we could rely on balanced contributions from other people, some of these things would not need saying, but they clearly do need saying, so—
Order. I may be able to help the hon. Gentleman, because who knows what people are going to say? I have a very long list of speakers, and some of them may add to what he has said, although others may not. We may get to that part of the debate if he lets them in.
Thank you, Mr Deputy Speaker. I take that point on board. I assure you that others will not, not “may not” do so, but you make a good point. In that case—I think you will approve of this—rather than setting out the background to the Government’s position, I will leave it to the Minister to set out the Government’s position—
I would like to think that the Minister has been suitably embarrassed about setting out the Government’s position, but I am looking forward to hearing him do so.
I am sure the Minister will get the chance to do so.
It is worth noting that the Equality and Human Rights Commission acknowledges in its briefing that
“most of the Istanbul Convention obligations are implemented through UK legislation”,
and recent steps have been taken on many areas. For example, a prohibition on possession of rape pornography was introduced by section 37 of the Criminal Justice and Courts Act 2015. This applies in England and Wales, and brings the offence of possession of extreme pornographic images more in line with that applicable in Scotland. A new offence of controlling or coercive behaviour in intimate or familial relationships was introduced by section 76 of the Serious Crime Act 2015. An offence of forced marriage is now provided for in sections 121 and 122 of the Anti-social Behaviour, Crime and Policing Act 2014. The Female Genital Mutilation Act 2003 was amended by section 73 of the Serious Crime Act 2015 to include FGM protection orders, civil measures that can be applied for through a family court which provide a means of protecting actual or potential victims of FGM.
An email I received from the Muslim Council of Britain in support of the Bill quoted the Secretary-General of the United Nations, Ban Ki-moon:
“Violence against women continues to persist as one of the most heinous, systematic and prevalent human rights abuses in the world. It is a threat to all women, and an obstacle to all our efforts for development, peace, and gender equality in all societies… Let us take this issue with the deadly seriousness that it deserves”.
I do not understand how violence against women can be an obstacle to gender equality—I sometimes think I must be speaking in Swahili—because this would mean that all violence against women is committed by men, and as I have already said, that is patently not the case. Perhaps someone can explain to me how violence by women on women can be an obstacle to gender equality? In relation to making the Istanbul convention law, the Muslim Council of Britain goes on:
“This is indeed a unique opportunity in the UK so that we can show our support to women and girls who should be living free from any form of violence, and the fear of it.”
I agree with the sentiment, but I would agree more if it talked about everyone, not just women and girls.
The Fawcett Society has said:
“This new landmark treaty of the Council of Europe opens the path for creating a legal framework at pan-European level to protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence. It also establishes a monitoring body to evaluate implementation and progress.”
There will be more meddling from afar if we ratify this convention.
The Council of Europe provides details of the monitoring mechanisms that must be put in place if we ratify the convention. It says that there would be
“an independent expert body, the Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO), which is initially composed of 10 members and will subsequently be enlarged to 15 members following the 25th ratification”,
and
“a political body, the Committee of the Parties, which is composed of representatives of the Parties to the Istanbul Convention. The task of GREVIO is to monitor the implementation of the Convention by the Parties.”
We will not do that in our own country; we will have an international body interfering and telling us how we are doing.
Does my hon. Friend share my view that such a threat of interference is one reason why the German Government do not wish to ratify the convention? If that was the case, a lot of searching questions would be asked about their attitude to what happened in Cologne on new year’s eve last year.
My hon. Friend may well be right. I am loth to speak up for the German Government—I do not know what their motivation is—but that is entirely possible. It may well be unwelcome to have these meddling, interfering bodies telling us how we are doing when many of those people are doing far less in their own countries than we are doing in ours. We have seen that time and again with international bodies that are supposed to monitor what we are doing. They would be better off monitoring what they are doing in their own countries, rather than monitoring what we are doing in this country.
The Council of Europe also says:
“GREVIO may also adopt, where appropriate, general recommendations on themes and concepts of the Convention.”
This would be a living document, and would not just stick at where we are today. We have seen that with the European convention on human rights. It goes on:
“The Committee of the Parties follows up on GREVIO reports and conclusions and adopts recommendations to the Parties concerned.”
We would be signing up to an ever-moving feast. It adds:
“It is also responsible for the election of GREVIO members.”
There would be two forms of monitoring procedures: a country-by-country evaluation procedure, and a special inquiry procedure. A special inquiry procedure
“may be initiated by GREVIO when there is reliable information indicating that action is required to prevent a serious, massive or persistent pattern of any acts of violence covered by the Convention. In such a case, GREVIO may request the urgent submission of a special report by the Party concerned… After having been examined by GREVIO, the findings of the inquiry are transmitted to the Party concerned and, where appropriate, to the Committee of the Parties and the Committee of Ministers of the Council of Europe, together with any comments and recommendations.”
What an absolute bureaucratic nightmare we will get ourselves into if we ratify this convention.
We have seen how public confidence in the European convention on human rights has been undermined time after time by ridiculous findings and perverse rulings that could never have been intended at the time it was ratified. It is perfectly clear that this convention would end up in exactly the same way: an ever-moving feast, with the goalposts always being changed to suit some politically correct agenda. The Government would be hamstrung because they had ratified something, not really knowing what they were getting themselves into.
There is even a flowchart to explain what happens under the urgent inquiry procedures. I will not say any more about that, other than to note that agreeing to be party to things obviously has consequences, and the procedures to ensure that the obligations are met are clear for all to see. There are integrated policies that parties have to follow. Again, I would like the Minister to put some meat on how he sees the Government implementing those.
The Council of Europe states:
“An effective response to such violence requires concerted action by many different actors.”
These bodies would therefore be interfering in
“law enforcement agencies, the judiciary”—
even the judiciary is mentioned on the website. Some of the people who are today arguing for the convention are the same people who have been most robust in saying that people in this House should not interfere in the judiciary in our country and should respect the independence of the judiciary, yet clearly if we ratify the convention, as it says on the website, these bodies would look for actions from
“law enforcement agencies, the judiciary, NGOs, child protection agencies and other relevant partners”
that they deem should
“join forces on a particular case.”
What on earth would we be getting ourselves into by signing up to the convention? We can sort these things out for ourselves. We can pass any laws we want in this country to sort out any problems we deem it necessary to sort out. We do not have to sign up to some supranational, interfering, meddling body that wants to intervene, potentially, in the independence of our judiciary in order to sort out violence against people—even violence against women and girls.
I oppose the Bill because it would introduce unnecessary meddling from supranational bodies that we can quite do without to sort out problems that we can deal with perfectly well ourselves in our courts if we have the guts and the willpower to send perpetrators of violence and domestic violence to prison and keep them in prison. That is the best thing this House can do, but nobody on the Opposition Benches today seems to want to do it. They would sooner do some virtue signalling with this Bill.
My hon. Friend says that he is against the Bill, but at least we have a Bill. If it had not been for the hon. Member for Banff and Buchan (Dr Whiteford) bringing forward the Bill, the House might never have been able to discuss this issue before the Government went ahead and ratified the convention.
My hon. Friend is absolutely right. As I did at the start, I congratulate the hon. Member for Banff and Buchan on bringing the Bill forward, because it is important that the public know the full implications of something with a worthy sounding title and a worthy sentiment behind it, and why some of us are opposed to these supranational bodies interfering in what we do in this country.
I am against the Bill for that reason and because we should have a convention that deals with all violence: violence against men as well as violence against women. Of course we oppose violence against women, but I for one equally oppose violence against men and boys. Having a strategy for one but not the other is just not acceptable to me. It really is as simple as that. I cannot understand for the life of me how political correctness has become so entrenched in this country that people here today can see nothing wrong with a whole policy on violence being based on just one sex, when, unbelievably, the evidence shows that it is the other sex who are more likely to be the victims of violent crime and when there are lots of male victims of domestic violence too. As I find myself saying all too often, you couldn’t make it up.
That is 78 minutes that I will never get back.
I have read the convention and I have spent 26 years working on violence against women and domestic violence, including working with male victims of domestic violence. I will start my very brief speech by answering some of the remarks of the hon. Member for Shipley (Philip Davies).
If the hon. Gentleman refers to what he said in his own speech and to the British crime survey statistics, he will know that the overwhelming majority of victims of sexual assault, rape, chronic ongoing domestic abuse, severe domestic abuse causing injury, coercive control and domestic homicide are female, and that that is specifically connected both to their gender and to gender inequality. Violence against women is both a cause and a consequence of gender inequality. That is why we have a gender-specific convention.
If we want to tackle gender inequality—and I do—we have to tackle the specific circumstances, belief systems, structures and behaviours behind violence against women. Hence the need for the convention. The hon. Gentleman asks for neutral legislation. I say to him: when you remain neutral in a situation of profound inequality, you are only siding with the powerful against the powerless.
The hon. Gentleman asked why there are so few purpose-built refuges for men. I can tell him exactly why there are so many refuges for women because I have been part of that movement for 26 years. Women set up refuges for women. There was never anything stopping men setting up refuges for men, but I know why they have not set up many. For 10 years, I worked for Respect, which among other things runs the men’s advice line—the national helpline for male victims of domestic violence. I was the research manager there, so I know a thing or two. I can tell him that many men called the men’s advice line each year, but refuge was very rarely what they wanted. They wanted a listening ear, practical advice and legal information, and that is what they got.
I was going to speak extensively about the work with perpetrators that I have been involved in for about 10 years, but I have crossed out much of my speech because I do not want to filibuster so that the Bill runs out of time. Instead, I will quote briefly from research that I helped set up while I was the research manager at Respect, the national organisation for work with perpetrators of domestic violence and male victims. It is called the Mirabal research and people can look it up on the Respect website.
The research was carried out by Professor Liz Kelly and Professor Nicole Westmarland, who were profoundly sceptical about the value of perpetrator programmes when they started. However, they found that most men who completed a Respect-accredited domestic violence perpetrator programme—and yes, we only examined men in this research programme, but that does not mean that there are not female perpetrators; it just means we were looking specifically at men in this research—stop using violence and reduce the instance of most other forms of abuse against their partner. At the start, almost all the women said that their partners had used some form of physical or sexual violence in the past three months. Twelve months later, the research team found that after their partner or ex-partner had completed the programme, most women said that the physical and sexual violence had stopped—most, but not all.
Programmes do not replace the criminal justice system or civil justice system—they are a complement to it—but they are part of the solution. If we are going to put men in prison, which the hon. Member for Shipley has called for, we still need to know what we are going to do with them. They will still have relationships with their children whether they are inside prison or outside. Most of them will come out one day, and when they do they will have new partners. Why not work out how we can work with these men, many of whom say they would like to change—and some of whom do not—and whose partners often say that what they really want is for their partner to change? Most of the partners and ex-partners of men on the programmes in the research said that they felt or were safer after their partner or ex-partner completed the programme.
I have scrubbed out more of my speech—Members can look up the research online if they want to know the detail. I will give a couple of examples before sitting down and allowing the Minister to make his remarks, which I hope will be helpful in concluding this stage of the Bill’s passage. As a facilitator at the Domestic Violence Intervention Programme I found many ways in which women became safer. One was when their partner changed their attitude and behaviour and stopped using violence. We knew that because we had a separate but linked women’s partner support project that told us whether the women felt or were safer.
The programme helped some women to be safe because they themselves, for the first time, were able to get help, advice and a way of moving attention away from them as responsible for the violence and allowing them to end the relationship safely. I remember one women in particular. I never met her. She had a newborn baby. I was working with her partner in the men’s programme. She was living under such extreme control that the only time she was free and safe to talk to the women’s support worker was when we, the men’s facilitators, had her partner in the room with us. Over several weeks, she was able to gain confidence and develop a safe plan for leaving; meanwhile, in the room with us, her partner—an arrogant man with a huge sense of entitlement—through talking a lot about his behaviour gradually revealed more and more about it, until we had enough information to report him to the authorities. They took action.
In some cases, the women and children were safer because we were able to find out more about the perpetrator’s risk to other people through the individual assessment and group work that contributed to the co-ordinated community response. For instance, one man had to put himself in the role of his own child while other men in the room re-enacted, with the facilitators, a violent incident he had committed; after that, he completely withdrew his application for child contact and sent a message to his ex-partner via her solicitor saying that he realised how frightened she and their child must be, and that he would wait until she decided the time was right and safe.
Above all, we, the group-work facilitators, modelled how a relationship between a man and a woman based on equality actually works. For many of the men we worked with, that was the first time they had ever seen that. We modelled disagreements in which we disagreed but dealt with it respectfully. As the only woman in the room, I was often the person whom the men in the room had to use to learn to manage how to disagree with a woman without being abusive, controlling or domineering, or trying to have the last word.
I know many people, particularly from women’s groups, who were rightly concerned about or even very suspicious of perpetrator programmes when they started. Some still are. That is why a good accreditation system is so important. I declare an interest: when I worked for Respect I helped develop that accreditation system. I am very proud of it, because it differentiates between programmes doing good work to challenge men, and women, who are perpetrators of domestic violence and those programmes that are not effective.
Ratifying the Istanbul convention would place requirements on the UK Government to take the steps that the convention contains. It would be a statement of commitment. In so many ways, we as a nation are ahead of the rest of the world. We have led the way in setting up refuges, developing perpetrator programmes in Scotland—where so many of my colleagues in the Change project and the Midlothian programme, subsequently the Caledonian system, work—and in England and Wales, with the DVIP and the rest. We have set up pioneering work to challenge men whose behaviour is violent and abusive. We have set up prevention work with young people in schools, something else I was involved in before becoming an MP. We have developed risk assessment and risk management.
We have nothing to fear from adopting the Istanbul convention, and neither does the hon. Member for Shipley. It does not preclude our helping men and boys, and nor should it. It merely does what it says: it acknowledges that we live in a situation of profound gender inequality, which is both cause and consequence of violence against women and girls. It is about time we ratified the convention. The safety of women and children is too important not to.
First, I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on introducing this Bill on such an important topic with a powerful opening speech.
The Government are absolutely committed to tackling violence against women and girls in all its forms. The coalition Government shared that commitment, and in 2012 signed the Istanbul convention to signal how seriously they took their responsibility for tackling violence against women and girls. This Government remain committed to ratifying the convention.
Before I turn to the detail of the Bill, I want to be very clear that the measures already in place in the United Kingdom protect women and girls from violence in nearly all cases, and comply with or go further than the convention requires. It is also worth taking note of the powerful speech of my hon. Friend the Member for Shipley (Philip Davies), who gave us all food for thought and made the very valid point that we have to remember that there is violence against men and boys, and male rape. That is equally unacceptable, but we are dealing today with a specific private Member’s Bill.
We know that some crimes disproportionately affect women and girls. The United Kingdom is leading the way internationally in efforts to tackle this issue in all its forms. In the last four years, we have undertaken a significant amount of work to ensure that victims are supported and perpetrators brought to justice and that we do all we can to prevent these crimes from happening in the first place.
The Minister said that certain crimes disproportionately affect women and girls. There are more male victims of violent crime than female victims. Surely he will acknowledge that the Bill does not deal with one of the issues he refers to.
First, I would say to Opposition Members that my hon. Friend has every right to contribute to this debate, so murmuring from a sedentary position when he wants to intervene and make a point that backs up the powerful speech he made is inappropriate and misses the point of having a debate in the House. Obviously, domestic abuse and domestic sexual abuse predominantly affect women, although I acknowledge that in terms of crime across the country, particularly violent crime, men do suffer, and my hon. Friend is right that we should be equally intolerant of that and that sentences should reflect the fact.
We have introduced new laws to ensure that perpetrators of violence against women and girls face the consequences of their actions, including the criminalisation of forced marriage, two new stalking offences and a new offence of domestic abuse covering controlling and coercive behaviour. We have also introduced new tools to protect victims and prevent those crimes from happening. We now have two new civil orders to manage sex offenders. Domestic violence protection orders have been rolled out nationally, and we have introduced the domestic violence disclosure scheme, known as Clare’s law, which allows women to check whether their partner has a violent history. We have also raised awareness among the public and professionals, including through our acclaimed teenage relationship abuse campaign, which encourages teens to rethink their views of violence, abuse, controlling behaviour and consent, as well as new statutory guidance on forced marriage, female genital mutilation and domestic abuse.
Driving a culture of change in the police’s response is also important, and we have been working on that, including by ensuring that the recommendations from Her Majesty’s inspectorate of constabulary’s review of domestic abuse are acted upon; all forces have now published domestic abuse actions plans. We also have a range of activities to tackle so-called honour-based violence, including significantly strengthening the law on female genital mutilation and forced marriage, introducing female genital mutilation protection orders and a new mandatory reporting duty, and launching the Home Office’s unit specifically looking at female genital mutilation.
While the nature of these crimes is often gendered, many of them affect both men and women, and I recognise, as my hon. Friend the Member for Shipley rightly pointed out, that men and boys can also be victims of domestic and sexual violence; and they too deserve support and protection. All our policies are applied fairly and equitably to all perpetrators and victims of crime, irrespective of gender, and I recognise that male victims may need more specific support. As he rightly outlined, some of the reaction on Twitter, for example, highlights why sometimes male victims might need specific support to feel the confidence to come forward, as more and more women now do.
That is why the Home Office funds the men’s advice line, which provides support to male victims of domestic violence, as well as Galop, which provides information and support to members of the LGBT community affected by violence and abuse. We are also providing central Government funding to support victims, including refugees, through the provision of rape centres, national helplines, independent sexual violence advisers and independent domestic violence advisers, as well as services to support victims of female genital mutilation and forced marriage and those seeking to exit prostitution. We are also providing funding to support new early intervention models developed by our partners in the sector.
In taking forward this work, the UK is already fully compliant with the vast majority of the convention, which requires signatories to ensure four key things: first, that legal measures are in place to address violence against women and girls; secondly, that there is appropriate support for victims; thirdly, that professionals understand the issues; and fourthly, that there is Government oversight. So we are making progress. More and more victims have the confidence to come forward, while police referrals, prosecutions and convictions for offences are all at their highest ever levels, but we are not, and cannot be, complacent. On 8 March, we published our new cross-Government violence against women and girls strategy, which sets out our ambition that by the end of this Parliament no victim of abuse is turned away from the support they need.
That strategy is underpinned by increasing the funding by £18 million for tackling violence against women and girls between now and 2020. This includes protecting the funding for rape support centres; £1 million for national helplines; a two-year fund for refugees; and a new £15 million violence against women and girls transformation fund to promote the very early prevention and intervention that has been outlined. This dedicated funding is supported by funding for innovative programmes provided through the police transformation fund and the police innovation fund. There is the troubled families programme and further funding through the tampon tax.
In addition, we published last week a national statement of expectations, which sets out the action that local areas should take to ensure that victims get the support they deserve. We published guidance for local commissioners and announced that we would introduce a new stalking protection order to allow the police and the courts to intervene early to keep victims safe and to stop stranger stalking before it escalates. We made available a range of additional resources on domestic abuse, including updated guidance on the domestic violence disclosure scheme. We want to see this new funding and the new tools that we have introduced used to aid, promote and embed the best local practice, and ensure that early intervention and prevention become the norm.
The measures we have introduced since 2012 have helped to strengthen our compliance with the Istanbul convention. As I have said, in nearly all cases, we comply with, or even go further than, the convention itself requires. Although some have suggested that the UK’s not ratifying the convention signals a lack of commitment to tackling the issue internationally, I should stress that we, as a country, have played a leading role in ending these crimes overseas.
We should be proud of the international leadership we have shown at the global summit to end sexual violence in conflict and at the 2014 girl summit to end female genital mutilation and forced marriage. The Department for International Development runs a £35 million programme to tackle FGM, and a £36 million programme to end child, early and indeed forced marriage. It is also helping many countries to take more effective action to tackle violence against women and girls. The Foreign and Commonwealth Office has increased its programme resources to tackle these issues by more than 60% in recent years, and its spending on these projects has increased by £2.6 million since 2015.
As I say, we are absolutely committed to ratifying the convention, but before we do that, we must ensure that we are fully compliant with it. We have already taken one of the legislative steps necessary to ratify it by criminalising forced marriage as required by article 37. Members have referred to specific articles, so let me deal with one that my hon. Friend the Member for Shipley rightly pointed out.
Further amendments to domestic law are necessary to comply with the extra-territorial jurisdiction requirements, which are in article 44 of the convention. Article 44 requires the United Kingdom to take extra-territorial jurisdiction over these offences established in accordance with the convention when committed abroad by UK nationals. We already have extra-territorial jurisdiction over some of the offences covered by the convention, including the common-law offence of murder, sexual offences against children, forced marriage and female genital mutilation. However, we need to amend domestic law to take extra-territorial jurisdiction over a range of other offences—in England and Wales, as well as in Scotland and Northern Ireland—before we are fully compliant and able to ratify the convention.
As a general rule, Government policy on the jurisdiction of our courts is that criminal offending is best dealt with by the criminal justice system of the state in whose territory the offence occurred. Exceptionally, taking extra-territorial jurisdiction is necessary to address serious crimes committed overseas as a matter of domestic policy or as part of an international consensus in which we participate. Any extension, moreover, has an impact on the criminal justice agencies—courts, prisons—including potentially increased demands on their resources. We need to ensure that we are able to consider carefully the extent to which it is necessary to take extra-territorial jurisdiction for compliance with the convention.
We have considered the Bill carefully, but before I outline that, I happily take the hon. Lady’s intervention.
I am grateful to the Minister. Does he agree that rape is a particularly serious offence that should be covered by extra-territorial jurisdiction, and that the deterrent aspect of extra-territorial jurisdiction will stop women from being taken out of the country to be violated?
As I said, a range of areas, including murder, sexual offences against children, forced marriage and female genital mutilation, are already covered. The whole point is that we need to look carefully at what is covered by extra-territorial jurisdiction before we take a step further in that regard.
We have carefully considered this Bill and we support its key principles, which place a duty on the Government to take all reasonable steps to enable us to become compliant with the convention, and require the Government to lay before Parliament a report setting out the steps to be taken to enable us to ratify the convention and to make an annual report to Parliament, as the hon. Member for Banff and Buchan outlined in her opening speech, on the measures taken forward to enable the UK to ratify the convention, including any legislative proposals, and post-ratification any measures to ensure we remain compliant.
As I have made clear—and as my hon. Friend the Member for Twickenham (Dr Mathias) also made clear in her powerful speech—we are committed to ratifying the convention, and in principle therefore we welcome this Bill. However, there are some aspects of it which we will need to consider carefully. As Members will appreciate, the Istanbul convention applies to the whole of the UK, and it covers areas which are devolved, such as crime and criminal justice matters. I am therefore keen to ensure that we have appropriate time to consult more fully with the devolved Administrations on the measures in this Bill. In particular, the Government have concerns about the timescale put forward in clause 2, which would require the Government to lay a report that includes the date within four weeks of the Bill receiving Royal Assent by which we expect the UK to be able to ratify the convention. The hon. Member for Banff and Buchan mentioned areas that could be considered for extra-territorial jurisdiction. Any new ETJ provision will require primary legislation in Scotland and Northern Ireland as well as England and Wales, and I therefore have some reservations about the four-week timescale.
In addition, clause 3(1)(e) would require the Government to lay an annual report post-ratification which set out the UK’s ongoing compliance with the convention. As Members may be aware, once we have ratified the convention we will be required to provide updates to the Council of Europe on compliance. This clause risks duplicating that existing requirement.
Has the Minister been able to consider any alternative timetable that he might bring to this House if he disagrees with what is proposed in the Bill, and can he also commit in principle that Government time will be allocated to the ratification of the Istanbul convention?
I hope my next words will put the hon. Lady’s mind at rest. Both those points and any others Members may wish to raise are areas we will all want to consider more fully in consultation with the devolved Administrations and return to in Committee. However, at this stage I am pleased to say the Government support the Bill in principle.
I thank the Minister for his words and will address them in some detail. I want to start, however, by congratulating the hon. Member for Banff and Buchan (Dr Whiteford) on securing this private Member’s Bill and on the hard work and graft she and her team have put into making sure this issue remains on the Government’s agenda, maintains a high profile and is given the recognition in this country that it deserves. She said in her opening remarks that there had been 58,000 cases of domestic violence in Scotland in one year alone, and she went on to say that one in three women across the world will experience some form of abuse. That shows us why both this debate and the ratification of the Istanbul convention are so incredibly important.
The hon. Member for Twickenham (Dr Mathias) described her experience in her constituency and said that a police officer had told her that we are more unsafe in our own homes than we are on the streets. Again, that clearly illuminates the scale of the problem and the risks women are facing on a daily basis. My hon. Friend the Member for Birmingham, Yardley (Jess Phillips) spoke very emotionally of the work she did when running a refuge and made us all realise that Christmas is a very significant time for many families, when women are doing everything they possibly can to abate the violence they live with daily, so that their children can experience a safe Christmas, if not a joyful one.
I agreed with the hon. Member for Shipley (Philip Davies) on one point: all of us in this House want true equality, but we get true equality by dealing with gendered violence when we see it, so that then we can go forward on an equal basis. Sadly, unless we ratify the convention and unless the Government keep doing their sterling work to eliminate violence against women and girls internationally, we will never get that to point.
It was particularly poignant to hear my hon. Friend the Member for Bristol West (Thangam Debbonaire) speak about her former role at the highly regarded charity Respect, where she worked on perpetrator programmes to prevent violence. We focus so much on the crime that we tend not to focus on prevention, which is where we fall short as a society. Unless we address the underlying motivations that lead to violence and coercive control within relationships, we will never eradicate the problem—no matter how good our legislation is.
My hon. Friend once said something that has always stuck with me: over the decades that she worked with offenders, she met only one or two where, had there been appropriate intervention at an early age—whether at six, 16 or 26—they would not have become a perpetrator. It this House’s duty to ensure that perpetrator and early intervention programmes are at the core of all that we do.
Turning to the Minister’s remarks, I welcome his saying that he will do much more work with the police. This is about not only about getting legislation here, but getting it applied on the ground to protect everyone and to ensure a safe society for all. I commend the police because they have moved seismically from not even really acknowledging in some cases that domestic violence could happen to actively getting involved in tackling it. I ask the Minister to ask the police to ensure that the children are safe when they attend domestic violence callouts because I still hear about cases in which that was not automatic.
I am pleased to be able to say from the outset that I support the Bill, and I am proud that the Leader of the Opposition has confirmed that a Labour Government would ratify the Istanbul convention. In a post-Brexit Britain, international conventions and their obligations will become more important than ever, providing us with an external perspective and the chance to learn from other countries. International human rights conventions create clear standards and minimum expectations that every citizen can rely on.
The elimination of violence against women and girls is an area of great importance to this House and one in which we should always be aspiring to achieve more. Ending violence against women and girls requires a radical, seismic, societal shift in power and attitudes, and this House must be instrumental in that work. We need to acknowledge that this is gendered violence carried out against women and girls because they are women and girls. It is this that makes the Council of Europe convention on preventing and combating violence against women and domestic violence, otherwise known as the Istanbul convention, so important. It is an historic convention that provides an international legal framework for tackling violence against women and girls. It is the first of its kind, and I am proud that a Labour Government led the negotiations that brought it into existence. If implemented, the convention would provide a step change in how violence against women and girls is considered, tackled and prevented. It requires states to take comprehensive action, set out minimum standards and create legally binding measures to tackle and prevent violence against women and girls.
The Istanbul convention sets out the need to place victims at centre of all measures to tackle violence against women and girls. It highlights the role of civil society and calls on Governments to ensure that organisations have the resources and recognition required to do a good job. It sets out clearly what survivors of violence need, and can expect, from their Governments to live in safety. Importantly, it calls on states to prevent violence and to take steps to eradicate the prejudices, customs, traditions and all other practices that contribute to violence. The sheer strength of the convention serves only to highlight how disappointing it is that the Government have yet to ratify it. It has now been four years and six months since they signed it.
As my hon. Friend the Member for Birmingham, Yardley said, the Government should be congratulated on their progress to end violence against women and girls. The Home Office’s strategy for ending violence against women and girls shows a demonstrable commitment to tackling these heinous crimes. I particularly welcome the fact that the Minister went into some detail about the work this Government are doing internationally, as it is a source of great pride to us all as a country, and they should be commended on it. But we do have so much further to go. As the Equality and Human Rights Commission has said, a legislative commitment to implement the Istanbul convention would drive forward important and necessary changes to the way the UK protects women and girls against violence. Without ratification, the convention is just a piece of paper. Without ratification, it affords no one rights, it creates no minimum standards and it is impossible to hold the Government to account.
The Government have said that they are committed to ratification, and I am grateful to the Minister for that, yet despite a co-ordinated and consistent campaign from Members from across the House, charities and the public, the Government appear to be dragging their feet. The Minister has said that the Government need to establish extra-territorial jurisdiction over a range of offences, as required in the convention, prior to ratification, but they have been saying that since July 2014. Both Home Office and Ministry of Justice Ministers have given the same excuse for their failure to ratify the convention for two and a half years. It is understandable that obstacles to ratification exist—they existed for all the signatory countries—yet our Government are yet to inform the House what exact legislative changes are needed. When will the Government set out the timetable for overcoming the obstacles to ratification? How many offences will need legislative change? As the Minister said, these changes will cut across devolved and reserved powers, so what conversations has he had with three devolved Parliaments and Assemblies? Will the Government commit today to setting out a timetable to achieve the cross-UK and cross-government changes needed to ratify the convention? We understand that changes to domestic law are required, but the Bill will hold the Government to their commitments.
I believe that two substantive areas of Government policy would require improvement to meet the provisions under the convention, although these things absolutely would not prevent ratification. First, there is an urgent need for statutory, age-appropriate, sex and relationships education in schools, to give children the knowledge, resilience and confidence they need to maintain healthy friendships and to recognise abusive or coercive behaviour. The convention contains explicit requests for education work to help prevent violence, and we can make huge steps towards fulfilling this requirement with statutory sex and relationships education. Secondly, the convention gives all survivors of domestic abuse the right to access the specialist support services, which they need to live in safety and rebuild their lives, yet refuge services see their funding shrink rapidly. Without a strategic approach to the delivery and funding of specialist domestic violence services across the country, this Government cannot claim to meet the provisions in the convention.
To conclude, the Bill would provide a duty to take all reasonable steps to overcome the final obstacles towards ratification. It would push the Government forward on the reforms needed to meet provisions in the convention, such as sustainable funding for specialist refuges, and statutory sex and relationships education in schools. The Bill would provide us with the evidence we need that the Government truly are committed to ratification of the convention and a timetable to prove that they will do it. We need urgent action to tackle and prevent violence against women and girls, and the Bill would show that the Government are committed to that goal. I therefore urge all Members to support the Bill.
First, I wish to pay tribute to the hon. Member for Banff and Buchan (Dr Whiteford) for bringing this private Member’s Bill to the House. For me, tackling violence against women and girls is not a party political issue; it is a matter of basic humanity that unites us all across this House. We have all heard the statistics: one in three women globally is subjected to physical or sexual violence. It is appalling that 20 years after the UN declared violence against women and girls a global pandemic, almost half the women who were homicide victims around the world were killed by intimate partners or family members—just 6% of men suffered the same fate. Earlier this month, the femicide census powerfully set out how 936 women in this country have been killed by men in England and Wales in the past six years—that is three women every week for six years. We owe it to those 936 women to do all we can to tackle violence against women, whether it occurs in our constituency, our county, our country or in the wider world.
I was asked to attend this debate by several constituents, including Kirstie Stage who is in her lower sixth year at a school just outside my constituency. She said to me that
“our failure to ratify the Istanbul convention, which we helped to draft, is embarrassing.”
We all appreciate the fact that legal complexities take time to unpick. I am glad that the Minister has been able to clarify what progress has been made and to indicate a pathway on how the remaining issues will be resolved.
I thought long and hard before making a contribution today, because we have heard some very powerful speeches in recent weeks from people with direct personal experience who are now front-line campaigners. It is important that MPs such as me—white middle-class males—also contribute. Violence against women and girls is an issue that we should all take very seriously, and it is important to our constituents that we do so. It should not be just left to females and campaigners to make the case, because these crimes are largely committed by men, and we as men must challenge those men. This is not just a women’s issue or a gender issue, but a human dignity issue that should exercise all our society.
As constituency MPs, we all see the human impact of domestic violence—how it ruins families, leads to long-term health problems and leaves lasting emotional impacts. We also see the importance of local front-line services in providing safe spaces where women can start to rebuild their lives. I pay tribute to the Salisbury women’s refuge and all its staff for the outstanding work they have done over the past 32 years.
When I visited last July I was reminded that refuges are unique services. When other support is not accessible or appropriate in a crisis of such sensitivity, they provide a much-needed safe breathing space. In the Salisbury refuge, staff work around the clock, 365 days a year, to help women, and often their small children, to live independently and to access the support they need. It is more than just a safe building; it provides counselling and emotional support. It also provides budgeting assistance and access to educational programmes. As the manager, Sue Cox, said on our local radio Spire FM, it is about making sure that
“by the time they leave, everything’s on top form.”
Such services are truly vital, and it is therefore extremely welcome that the Government have pledged £80 million in funding to protect them and that the Minister has pledged to ensure that this resourcing remains under review. I hope that, if necessary, further resources will be provided in the future.
Protecting victims is a key plank of the Istanbul convention and includes accessible shelters, 24/7 telephone helplines and crisis centres. Not every country has the same infrastructure and wealth of non-governmental organisation expertise that we do. In many places, such things remain aspirational. When we ratify the convention, we will be sending a clear signal that we want to see those services extended, so that they can work effectively not just in our constituencies but everywhere around the world.
As the Bill rightly notes, this is not an issue that can be resolved by one individual agency. The convention calls for
“concerted action by many different actors”,
and for the Government to ensure that we have
“comprehensive and co-ordinated policies involving government agencies, NGOs as well as national, regional and local parliaments.”
It is important to consider how we can work across constituency boundaries at a national level. Since 2010, this Government have made preventing violence against women and girls and supporting survivors a key priority. I pay tribute to our Prime Minister for her commitment to keeping this issue at the top of the agenda and to ensuring that the national strategy did not fall by the wayside.
I welcome the significant new legislation that has been introduced to tackle stalking, forced marriage, female genital mutilation and revenge pornography. Crucially, a new domestic abuse offence ensures that coercive or controlling behaviour can be punished appropriately. The speed at which these changes have been made demonstrates the Government’s serious commitment to ensuring that professionals have all the right tools at their disposal. This is reinforced by the fact that in 2014-15 we saw total prosecutions for violence against women and girls offences reach the highest levels ever recorded. However, sometimes the legal tools are not enough. National action is also needed to address the root causes of inequality and discrimination and to support programmes that prevent domestic violence from happening in the first place. As the Prime Minister wrote in the foreword to the Government strategy,
“From health providers, to law enforcement, to employers and friends and family we all need to play our part.”
Every interaction must be treated as an opportunity to intervene. The femicide report talks about a girl who was just 17 years old telling her family she knew that one day her ex-partner would kill her, and he did. As MPs, we have to ask how such critical failures can occur, and what more we can do to stop them in future. That will require not only a shift in attitudes, but an understanding of the value of preventive and educational programmes.
In my county, the Swindon and Wiltshire police and crime commissioner, Angus Macpherson, recognised the value of such approaches through innovation funding. Splitz is one such charity that was commissioned in Wiltshire. It used a grant of £35,000 to develop a project working directly with young people on what a respectful relationship was. At the start of the project, about 60% of young people recognised the different forms of domestic violence, which increased to 93% at the end of the project. If just 10% of the audience of those workshops were better able to identify the signs of abusive relationships early on, financial savings could be in excess of £5.6 million, to say nothing of the human and emotional cost to victims and families that would be avoided. I hope that the Government’s new £15 million three-year transformation fund will recognise the long-term benefit and value of such and similar preventive measures.
As I have said, the Istanbul convention is about more than just the UK, and part of what we are here to debate today is the global dimension of violence against women and girls. On average, just over a third of women worldwide have experienced physical or sexual violence at some point in their lives. In some countries, this figure increases to 70%. It is easy to be overwhelmed by the sheer enormity of suffering around this issue. The world is now more uncertain, with constantly changing threats, and we so often feel powerless to alleviate the devastating impact of war and internal conflict that we have seen all too recently in places such as Aleppo. It is therefore heartening to be reminded that the UK has played such a leading role in promoting international action to tackle violence against women and girls wherever it occurs. We can take heart from the progress that has been made in recent years and the Government’s efforts to move this issue up the international agenda.
For instance, the momentum generated by the 2014 girl summit demonstrates how significant UK leadership can be in prompting change. Over 490 signatories were secured for the girl summit charter on ending female genital mutilation and child, early and forced marriage. Following the summit, 18 Governments in Africa, the middle east and south Asia have made commitments to end these practices. National summits in Brazil, Bangladesh, Ethiopia, Nepal and Zambia show the model was successful in spurring national politicians and civil society to action. It is important that we continue to support these initiatives to ensure that commitments made on paper are translated into practical action on the ground.
I wish to highlight two other areas where the UK is pioneering new approaches and leading the way globally. The first is in tackling human trafficking. Adult women account for almost half of all human trafficking victims globally, and women and girls together account for about 70%. The Modern Slavery Act 2015 has made the UK a global leader, and we must now use that position to work internationally to achieve the UN target to eradicate this practice by 2030.
Preventing sexual violence in conflict is the second area where the UK has made substantial progress. Following the global summit held in London in June 2014, the UK has committed over £30 million to support projects in Bosnia, Iraq, Kosovo, the Democratic Republic of the Congo and others. The UK’s team of experts have been deployed more than 80 times overseas, where they provide training on how to document and prosecute crimes of sexual violence, how to support survivors and how to protect civilians from human rights violations.
The Department for International Development has galvanised the international community and provided significant financial resources to tackle violence against women and girls. It now has 23 major programmes with a total budget of £184 million. The Independent Commission for Aid Impact reviewed this work earlier this year and, I am pleased to say, gave it its highest rating—something we should all be extremely proud of in this House.
As a man, I might say that I wished to speak today because I am a husband, a brother and a father, but I wish to contribute simply as a human being, moved to speak by the existence of this abhorrent practice, which shames our common humanity. These are global problems that will need different international solutions in different jurisdictions.
I pay tribute to the Government and their predecessor for the decisive leadership they have shown on many of these matters. It is important that we continue to build on their landmark achievements. The Istanbul convention offers us a clear opportunity to demonstrate once again our commitment to upholding the rights of women and girls, in this country and way beyond our borders. I am confident the Government recognise this opportunity and will act as soon as possible.
I commend the hon. Member for Banff and Buchan once again for her leadership in bringing this Bill before the House today, and I will be supporting it in the future.
I aim to be fairly brief today. I commend and thank my hon. Friend the Member for Banff and Buchan (Dr Whiteford) for bringing the Bill forward. She spoke most eloquently.
I want briefly to reference the speech I made last week and to give some thanks, first, to the Speaker’s Office and, you, Madam Deputy Speaker, for being very supportive of me, and to my friend and colleague, the hon. Member for Kirkcaldy and Cowdenbeath (Roger Mullin), who has been a great support to me.
I am undeserving of any praise, but I want to say that the hon. Lady inspired my wife, three days ago, to talk for the first time of her sexual abuse at the age of only six years. It is a great tribute to the hon. Lady that she has done so much for so many people. [Applause.]
I thank the hon. Gentleman very much for that. But, of course, I made my position very clear: it was not about this individual here; it was about women more widely, and indeed men, who have also been affected by sexual or physical violence. I spent most of last weekend personally answering the literally hundreds of emails I got, and it was truly humbling, because people, for the first time, were writing their own stories and sharing their own stories. One phrase jumped out at me. Somebody said that they recognised that “black burden that shadows a survivor’s back.” We need to keep that at the forefront of our minds at all times.
That is why we have debates about this issue—about legislation and so on. It is about our driving need for change and leadership, and I commend the hon. Member for Salisbury (John Glen) for offering his perspective on that. It is leadership and the driving need for change that we must keep at the forefront of our minds all the time.
I again challenge the Minister that while warm words about a spirit of intent are incredibly welcome, we are looking for hard, specific dates by which something will be done, because we need to send a message that resonates with the wider world that these things are unacceptable. Our culture, in many areas of the UK, is completely unacceptable. If there is one thing I learned last weekend from reading all these emails, it was the extent to which these stories go unheard.
Again, I say thank you to everybody who has supported me—I wanted to put that officially on the record. Finally, I thank all those agencies that—day in, day out, week in, week out, month in, month out—give their support to people who are in the most difficult circumstances.
I, too, thank the hon. Member for Banff and Buchan (Dr Whiteford) and congratulate her on introducing this debate. I am pleased to support this Bill and pleased that the Government will support it as well. That is not because I think that the Government are insufficiently committed to this agenda but because I think that our ratifying the convention in due course will set an example to other countries. This Government have done an enormous amount in the past few years to combat violence against women and children, both domestically and abroad. I was pleased to hear even the hon. Member for Birmingham, Yardley (Jess Phillips) say that the Government had done a great deal in this area. As one of the Government’s toughest opponents, praise from her means that we probably are not doing too badly. However, that does not mean that we should be in any way complacent about the work we do on tackling violence abroad or domestically.
Every week, two women are murdered by their partner or ex-partner, one of whom last year was sadly my constituent, Kelly Pearce. Whenever I am asked by a journalist or a member of the public whether I fear for my own safety after the horrendous murder of Jo Cox, I always reply that statistically I am still more at risk, as a woman, from a partner or an ex-partner. That is a fact that we cannot stress enough. My hon. Friend the Member for Shipley (Philip Davies) was very eloquent about the need for gender balance and equality, but I think that even he will recognise from experience of sexual violence cases as a constituency MP that domestic abuse puts an enormous strain on our police, our social services, and our health system, as well hurting our economy. Above all, it is damaging to the lives of the women affected and, in turn, their children. If we look purely at the economic and social effects of this crime, we see that there is an argument for the Government to be doing much more to tackle it and its wider social costs.
Over the past 12 months, I have taken part in the excellent police force parliamentary scheme, which has been a real eye-opener as I have seen the incredible work that Essex police do day to day. I have worked with various departments, including Operation Juno, which is part of Essex police’s domestic violence unit. Essex police handle more than 90 domestic abuse calls every day, but Essex County Council suggests that the real picture of domestic abuse is likely to be closer to 125,000 incidents a year, the majority of which, of course, are not reported to anyone. Unfortunately, while we have made significant inroads into breaking down stigma attached to domestic violence, stigma still exists. I am therefore very pleased that the Juno teams are investigating every single allegation of domestic violence brought to them and doing incredibly well in successfully identifying the perpetrators. That has led to a huge increase in the number of people being charged for domestic violence and sexual abuse.
I have no doubt that much of this progress is due to the legislative changes that we have introduced in this House, whether on coercive control, stalking, Clare’s law, or revenge pornography. It is also due to the increasing resources that Essex police and other services are committing to this area. Essex police have invested significantly in media awareness campaigns. They have created specialist units and incorporated domestic abuse into the force’s performance framework. There has also been investment in training and communications so that officers and support staff are aware of their responsibilities in protecting vulnerable victims and survivors; they have even created a manual. However, they acknowledge that they cannot end domestic abuse in Essex solely by themselves, and they are therefore working very closely with other organisations, including Essex County Council, on some fantastic awareness campaigns.
I would like to draw Members’ attention to the Change project, which is being run jointly by Essex County Council, Essex police, Thurrock Council, Southend-on-Sea Borough Council, and the NHS. It is a social media campaign aimed at encouraging abusers to reflect on their behaviour. My hon. Friend the Member for Shipley will be pleased to know that there are many examples in the campaign of women abusers being asked to reflect on their abuse towards male and female victims, so it is very gender-balanced. It is a superb campaign that is having real results, and I commend it.
We should all be pleased that more victims are coming forward to report domestic violence. The higher numbers in that regard should not be seen as a sign of failure but a sign that we are getting the message across and that the way in which the police are operating means that more and more people are willing to come forward.
Domestic abuse in relation to the workplace remains a serious problem. About 75% of people who endure domestic violence are also targeted while at work. It might be harassment by phone, text, stalking outside the workplace, or even turning up there. Domestic violence also sometimes makes it difficult for employees to get to work, perhaps due to injuries that they want to hide or the perpetrator’s having taken their car keys, money or work documents. Workplaces need to understand better the domestic abuse problems that their staff could be suffering, making them unable to fulfil their work duties. Too often, we hear of victims of domestic abuse losing their jobs because that is not understood or recognised at work, which leaves them even more vulnerable and isolated. Members may be interested to know that as a result of an initiative by Elizabeth Filkin the House of Commons is running a joint programme with the organisations Inclusive Employers and the Corporate Alliance Against Domestic Violence to raise awareness among employers of how to tackle domestic abuse in the workplace.
I have spoken as fast as possible because I know that we are short of time. Let me end by saying that I know the Government are serious about tackling this problem. I hope that their continued commitment to doing so, and the changes that we are making, are rapidly making life better for women who suffer domestic abuse, and will ensure that they report it more confidently in future.
I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on introducing this tremendously important Bill. I want to focus on the issue of domestic violence in relation to women with disabilities.
The comprehensive nature of the Istanbul convention is welcome. The convention requires states to take all necessary measures to protect all victims from any further acts of violence, which means properly funded support through refuges, health and social care, legal and psychological counselling, financial assistance, housing, education, training, and assistance in finding employment. In cases of domestic violence, access to specialist services is vital, but according to the charity Women’s Aid there has been a reduction of more than 200 in the number of bed spaces in refuges in England over the past four years. The current estimate is 3,639, but the estimated capacity requirement is at least 5,000. The charity also reports that local authority commissioners frequently favour non-specialist, generic providers who may not give survivors the expert support that they need.
The need for specialist services is particularly acute in the case of disabled women, who are, by definition, more vulnerable and may face greater challenges in seeking help. It has been estimated that they are twice as likely to experience domestic violence as non-disabled women, which is a shocking statistic. Disabled women are also likely to experience abuse over a longer period and to suffer more severe injuries as a result of the violence, often because of the difficulty of escaping and finding alternative accommodation. It is likely that both the overall rates of domestic abuse and the rates of domestic abuse experienced by disabled people are much higher than reported. Generally, studies have shown that the risk factors are lower educational attainment, unemployment and poverty, but we also know that domestic abuse is suffered by people of all genders and classes.
Domestic violence is caused by one person’s desire to exert power and control over a partner. Disabled people are likely to be more physically vulnerable to abuse, and less able to protect themselves. Abusers can include carers, whether they are partners, family members or paid carers, and the disability or impairment is often exploited by the abuser. Domestic abuse of a disabled person can take specific forms. For instance, a partner may withhold vital care, medication or food, or remove or damage equipment such as sensory or mobility aids in order to limit the person’s independence. If someone has a visual impairment or mobility problems, a partner may create obstacles around the home. The abuser may claim disability benefits on the person’s behalf, and then limit her access to funds. The abuser may also use her disability to criticise or humiliate her, or threaten to tell social services that she is not fit to live alone.
The hon. Lady has raised a crucial point about people controlling finances. Members who support the Bill will be specifically supporting disabled women who require protection from the social and economic impact of domestic abuse.
That is indeed an important issue.
It can be much more difficult for those who are disabled to communicate what they are suffering, and also to escape from their abusers. People with severe sensory, cognitive or communication impairments or mental health issues may have particular difficultly in communicating that they have been abused. Disabled people may be more socially isolated as a result of their disabilities, and more dependent on their partners or other carers. That, of course, often includes older people. When a partner is her carer, a disabled woman may have fewer chances to attend medical or other appointments alone, and may therefore have fewer opportunities to tell someone in confidence about the abuse. The Government have allocated funding for early intervention in cases of domestic abuse, but in the case of disabled people it is important to recognise that it may be especially difficult for someone to come forward and report abuse for practical reasons, or for the abuse to come to light at an early stage.
Some disabled women may feel particularly nervous about leaving their partner if they have had special adaptations made to their home. They may also worry about who will care for them if they move away, or about a change to their care package in a new area that could leave them with less support. Women with disabled children may also be hesitant in seeking help, because of concerns about the child’s healthcare and the emotional impact that leaving their home may have on the child.
That is why it is important that funding is not cut for domestic refuges by capping local housing allowances for people who use them. After leaving refuge providers in great uncertainty while carrying out a prolonged review, the Government have at last announced that refuges will be exempt from the local housing allowance cap on housing benefit rates for those in social housing until 2019, when the new funding model will be introduced. I urge the Government to work closely with specialist providers such as Refuge and Women’s Aid to design the system that will be introduced after 2019; to give particular attention to the needs of disabled women; and to ratify the Istanbul convention.
I thank the hon. Member for Banff and Buchan (Dr Whiteford) for promoting this private Member’s Bill. I am pleased to say that I shall support it. I also commend the Home Office’s work, not least because, when the Prime Minister was Home Secretary, every time I raised specific issues to do with domestic violence, especially relating to LGBT and orthodox religious groups, I found not only that she was on the button, but that she drove through significant change. I also commend my right hon. Friend the Secretary of State for International Development, whose Department has been at the forefront globally of tackling the issues faced by women and girls, especially violence against them. Ratifying the convention will allow us to tackle a major problem and social issue across the whole world.
I am the chairman of the all-party parliamentary group on HIV and AIDS. HIV-AIDS remains the biggest killer of women and girls of reproduction age, yet we often do not talk about the consequences of sexual violence against women. The taboo of sexual abuse against women has within it a hidden taboo, namely the HIV infection caused by the forced sexual violence of rape or coercion. The stigma and silence associated with that can compound the desire for secrecy.
I want to focus on that particular issue, because although sexual violence is vastly underreported as an HIV risk, it is an important risk that we need to talk about. Sexual violence and coercion may increase susceptibility to HIV, in so far as non-consensual sex is associated with increased risk through vaginal and anal trauma. I make no apology for using rather crude and what some people might call distasteful references to vaginal and anal penetration. I say it for effect, because too often we use euphemisms in this place when actually we forget about the real trauma, pain and suffering involved.
The incidence and prevalence of sexual violence, including mass rape, increases the likelihood of sexually transmitted infections and HIV. It may require only a very small internal or external genital injury to facilitate transmission. It is important that we call the issue out for what it is. We are not talking about a slap or something that is semi-glorified in soaps. This is something that has to be tackled in detail—gruesome detail—if we are genuinely to understand the life-changing and irreversible impact on the women affected by sexual violence.
If it is a major risk, we have to tack on to that the fact that rape is a weapon of war. Too often in this place we talk about the jets and the bombs, but we forget to talk about one of the biggest weapons of war that is used across the globe, and that is rape. It is happening not just in war zones; the decreased stability in unstable regions and villages contributes to a higher prevalence of opportunistic sexual violence. Given the high levels of sexual violence occurring in conflict-affected countries, we have to acknowledge that HIV is an unspoken impact of that sexual violence.
A growing body of evidence suggests that, even when the war is over, sexual violence and its ramifications do not disappear. Even when peace agreements have been signed, sexual violence continues, because rape is not just a weapon of war. When women seek to put food on the table or seek safe passage from a village under bombardment, they may have to trade their body to get food and clothing, or to get to a place of safety, and that is rape in every sense of the word. I must tell the House that that violence is under-reported and we should call it out.
I realise that we are short of time, and other hon. Members want to speak, but I wanted to talk about HIV. In many such countries, a woman who is raped and violated suffers from stigma, and a raped and violated woman who is HIV-positive is even more isolated and stigmatised. Such women are often thrown out by and isolated from not just their family, but their villages and communities. If we are to break the cycle of sexual violence and HIV infection, we must ratify the convention, and we must send the message today that we want that to be done quickly.
I am grateful for the opportunity to be able to contribute to this debate on the ratification of the Istanbul convention. I congratulate my hon. Friend the Member for Banff and Buchan (Dr Whiteford) on introducing the Bill. Naturally, I was disappointed not to be successful in the ballot for private Members’ Bills, but I am delighted that she has used her success as an opportunity to raise this extremely important issue. I have been campaigning on this cause since I was elected.
Women’s Aid, the White Ribbon Campaign, Zero Tolerance and many other organisations have all played an important part in this cause, and we owe them our thanks. I want to pay particular attention to IC Change. If I was allowed to say that Becca, Rachel and Robyn are in the Gallery today to watch the proceedings, I would say so, but I am not allowed to, so I won’t. I thank them and other volunteers from IC Change who have worked extremely hard. They have held a series of lobby sessions and pestered every Member of the House to ensure that they are aware of the convention and of the positive effect that its ratification would have on tackling violence against women.
Tackling violence against women and girls is not a party political issue. As long as violence against women and girls occurs in our society, we should be united in our pursuit of ending that violence. We need to recognise that domestic abuse is deep-rooted in the societal inequality between men and women, and that women are far more likely to experience domestic abuse.
That brings me on to the hon. Member for Shipley (Philip Davies). I rarely agree with him, and in fact, I sometimes question whether I am from the same species as him. He brought up the subject of violence perpetrated on men. All violence is shameful, but the vast majority of cases of violence against men are perpetrated by men, which is the point of today’s proceedings. His attitude is not shared by as many people outside this Chamber as he thinks.
Like every decent-minded person, I want to live in a world where no one has to live with the fear of violence hanging over them. It sickens me that so many women live in a house where violence is the norm. Violence against women and girls happens primarily at home and is largely hidden.
My hon. Friend the Member for Banff and Buchan (Dr Whiteford) talked about women’s refuge services. As an ambassador for Inverness Women’s Aid, I have seen the great work that refuges do to help women to get back on track. Does my hon. Friend agree that refuges throughout the UK should be protected in the way that was described earlier?
Absolutely. I could not agree more with my hon. Friend. We have heard many instances of the support that refuges offer. I am pleased to say that I support my local refuges. In fact, a local charity is building a new refuge at Jubilee House in Renfrewshire. My hon. Friend’s point is well made.
As we are approaching the Christmas period, will my hon. Friend recognise that it is at Christmas time that most domestic violence happens in the home? Can we therefore wish all women and young girls who are watching this debate a very safe Christmas, and wish all the refuges all the support they need to deal with what we know is likely to happen over this time?
Absolutely; my hon. Friend makes a fantastic point. Before Christmas last year, I highlighted the increased incidence of abuse at Christmas time. I completely agree with what she said.
As we have heard, the stark reality is that a third of women will face violence in their lifetime. That is the reality that has motivated me in working towards ending the violent, sexual and psychological abuse that too many women still face.
The Istanbul convention aims to tackle violence against women on a number of fronts and covers such areas as prevention, protection, support, monitoring and persecution. Crucially, it establishes a link between achieving equality between men and women and eradicating violence against women. As long as the structural and systemic inequalities of power and the objectification of women persist, the abuse will continue.
That is why I am particularly keen on article 14, which addresses the importance of education. It states that all Governments should ensure that there is
“teaching material on issues such as equality between women and men, non-stereotyped gender roles, mutual respect, non-violent conflict resolution in interpersonal relationships, gender-based violence against women and the right to personal integrity”.
I am passionate about this point and believe that it provides an ideal opportunity to introduce a coherent, structured and consistent prevention programme in our schools. That is the missing link in the gender-based violence chain in the UK.
I am listening intently to the hon. Gentleman’s excellent speech. Does he agree that the key problem is men—obviously, it is men perpetrating the violence—and that there is a responsibility on all of us as men, as well as on women, to talk to other men about how it is completely unacceptable to use violence and abuse against women? We must step up to the plate and speak out by becoming ambassadors for White Ribbon and other organisations. We must preach to the unconverted and ignorant men in our land and across the world who continue to perpetrate this unnecessary violence.
I could not agree more. I do not know whether the hon. Gentleman was addressing that point to the hon. Member for Shipley. He was right to mention White Ribbon. One way to do what he has described is to make the White Ribbon pledge, and I urge all Members of the House to do so.
I congratulate the hon. Gentleman and the hon. Member for Banff and Buchan (Dr Whiteford) on bringing forward the Bill. Does he agree that the Government need to ratify the convention as soon as possible to prevent further incidents of abuse against women like the one that took place against a constituent of mine two weeks ago, leaving her on a life-support machine?
I could not agree more. That is a shameful story. The important thing about the Bill is that it forces the Government to take the action that they have promised to take at some point, but have not found the energy to take. I will come on to that point in a moment.
I was talking about article 14 and education. The article also sets out how the principles of the convention should be embedded in more informal education facilities such as sports clubs, cultural centres and leisure facilities. The White Ribbon campaign, which stresses the positive role men can play in ending gender-based violence, is working hard and delivering training sessions on that very subject. It uses male ambassadors to act as role models for young boys. If we can eliminate sexist behaviour at an early age and engender a deeper sense of respect in boys, I believe we can prevent some of them from turning to this devastating gender-based violence later in life.
The UK Government signed up to the Istanbul convention, but their ratification of it is long overdue. It is just under a year since I first wrote to the then Home Secretary and current Prime Minister, urging her to ratify the convention. The letter, which was co-signed by more than 10 organisations, urged the Government to introduce a series of preventive policies that would allow us to take effective action against the violence that one in three women face in their lifetime. Unfortunately, I have to say that I received a fairly weak response from the then Home Secretary. I have continued to receive disappointing responses from the Government after every call I have made on this issue.
The Government signed up to the convention in 2012. Since then, 22 countries have ratified the convention, while the UK has been left behind. The average time taken for ratification has been just over two years. The UK has so far taken four years and six months. That delay alone should shame the Government into action to ensure that the convention is ratified as soon as possible.
Violence against women is not a women’s issue. As the hon. Member for Salisbury (John Glen) said, it is a societal issue. It is the responsibility of men to ensure that women and girls do not have to face violence. The White Ribbon all-party parliamentary group, which I co-chair, stresses the positive role men can play by helping to challenge the sexist attitudes and behaviours that far too many men still exhibit. The White Ribbon campaign also actively supports the convention, as I have said.
This House and wider society uniting against the violence that affects too many women is extremely important. Those in a violent relationship deserve to have us work together in our pursuit to end that violence. We should not forget the power of this place. Passing this Bill will send a strong message to the thousands of women and girls who have experienced domestic abuse that they are not alone and that we stand with them. It will also say to the perpetrators of domestic, sexual and psychological abuse that that violence is completely unacceptable and that they will be held to account. Let us unite around the Bill and play our part in changing history for the better for women and girls.
Before I became a Member of Parliament one thing I did as a volunteer was work in a homeless outreach service, spending time, usually late at night, finding people who were going to be sleeping rough that night and seeing whether we could help get them into some kind of shelter or safe place to spend the night. On one of my most memorable nights doing that, I met a lady sleeping rough on the steps of a church in Brixton. As we took her to a shelter, I asked her about her circumstances. She told me that she was married but had fled her home that night because she was frightened of staying there; because of what her partner might do to her she was frightened for her life. She felt safer sleeping rough on the steps of a closed church in a dark and frightening park in Brixton than spending a night at home under her own roof. The fact that someone could feel safer sleeping rough than in the same house or flat as their partner brought home forcefully to me the enormous and very present threat that violence from their partner is in someone’s life.
That was just one example of what we have been talking about today, the day-in, day-out abuse of women in their homes—in what should be a safe place. That abuse also affects men and children, but we know that it predominantly affects women and girls, as they make up two thirds of the victims. We are therefore rightly focusing on what can be done to help that sector of society, although we are not overlooking the fact that we should also be doing something for men under threat of violence as well, and it is right that that has been brought up in this debate.
Other Members have talked about the enormous scale of this violence in our society. I am short of time, so will not reiterate the figures of more than 1 million women subjected to domestic abuse every year in the UK. But I want to put on the record that I welcome this debate, and congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on bringing the Bill forward and on all the work she has put in and support she has garnered. It is so important to be talking about this issue here in the UK, in Europe and the world, to shift some of the cultural norms that so often underpin domestic violence and try to change the childhood experiences that can lead to someone thinking, as an adult, that the way to solve a problem is through violence rather than any other means.
The hon. Lady talks about scale. I have to say that since being elected I have been very shocked at the scale and severity of some of the cases that have come to me, including that of a constituent whose child was murdered by her partner and who had to change her name and move a number of times. Does the hon. Lady agree that refuges and women’s aid organisations, such as my one in West Lothian, need the Bill, to give them the legislative framework, the power and the resources to continue to do their work and up the ante?
I thank the hon. Lady for her intervention, and I will be supporting the Bill. On the importance of local refuges and services, I would like to mention one in my own constituency, Swale Action to End Domestic Abuse, which provides one-stop shops and drop-ins for people affected by or suffering from domestic abuse, and its success in reducing levels of repeat domestic abuse incidents in the area. Sadly, that is reducing the number of repeat incidents rather than preventing them in the first place, but it is a step forward.
We heard today a paradoxical point about progress. The increase in the levels of reporting of domestic abuse and of convictions might not seem like a good thing, but paradoxically it is a good thing and a sign of progress. [Interruption.] I think I might have run out of time, so I will sit down.
claimed to move the closure (Standing Order No. 36).
Question put forthwith, That the Question be now put.
We now—[Interruption.] Order. There is absolutely no need to clap. There might be a need for Members to express their great pleasure on something that has happened about which they are joyful—[Hon. Members: “Hear, hear.”] Yes, that is the way to do it.
Question put accordingly, That the Bill be now read a Second time.
May I say how delighted I am to see Members waving their Order Papers instead of putting their hands together? Progress.
On a point of order, Madam Deputy Speaker. I have a unique procedural point—certainly I have never come across it since I have been in Parliament. On 7 December, the House passed by 448 votes to 75 an Opposition motion that includes the private Member’s Bill that I am to present today. Unfortunately, because of the length of the first debate, we will not reach my Bill. However, we have had seven hours of debate on an Opposition day, so when I move the motion at 2.30, would it be appropriate for nobody to object to it, because the House has already debated the exact motion for seven hours? Is that how it works?
Well, I fully understand the point that the hon. Gentleman is making. In fact, it might possibly be a genuine point of order, but he knows that, regardless of the length of time a matter has been debated in this House, if the House decides that it wishes to support a motion or a question and no one opposes it, then of course it will pass without opposition. However, if even one person opposes the Bill—he knows this very well—I will be obliged to require further consideration. I am grateful to him for raising that unusual point, whether or not it is a point of order.
(7 years, 6 months ago)
Public Bill CommitteesWelcome to the Committee. I have a few preliminary announcements. Please switch electronic devices to silent. Tea and coffee are not allowed during sittings.
No amendments have been tabled to the Bill, so we will begin with a debate on clause 1. I suggest that Committee members also make remarks they have about clauses 2, 3 and 4 during the debate on clause 1. In other words, it will be a general debate about the contents of the Bill, on the Question that clause 1 stand part. If the Committee is content with that suggestion, I will put the Question that clauses 2, 3 and 4 stand part of the Bill formally once we have completed consideration of clause 1, on the basis that those clauses will have been debated already. Is that agreeable?
Yes.
Clause 1
Ratification of the Istanbul Convention on violence against women
Question proposed, That the clause stand part of the Bill.
It is a great pleasure to serve under your chairmanship, Mrs Main. May I start by thanking very sincerely Members from all parts of the House who are here today? I really appreciate people giving up time on such a busy day, when weighty matters are being debated in the main Chamber. However, this is a weighty matter too. Violence against women, as I said on Second Reading, is the most pervasive and widespread human rights abuse in the world today, and it affects women in every community represented in this place.
The Council of Europe convention on preventing and combating violence against women and domestic violence is a groundbreaking legal instrument that enables a step change in the response to gender-based violence at a local, national and international level. The UK was actively involved in shaping the Istanbul convention, as it is more commonly known, and continues to express support for the convention. However, more than four and a half years after signing it, the UK has yet to ratify the treaty.
The Bill is an attempt to unblock that stalled process and to give it some impetus and urgency. It is an attempt to ensure that the UK’s verbal commitments to the Istanbul convention are backed up by action and to strengthen parliamentary scrutiny and accountability, so that preventing and combating violence against women can never again be filed in a bottom drawer marked “Too difficult” or “Not important enough”.
Before I address specific clauses, I want to put on the record my thanks to the Minister and her colleagues for the constructive way in which she has engaged with me in discussions on the detail of the Bill and to acknowledge her personal commitment to making progress. I also thank the hon. Member for Rotherham, whose helpful insights and suggestions on how to reach our shared objectives have been invaluable. I know that all hon. Members present are committed to tackling the violence and abuse that blight so many women’s lives, and recognise that the Istanbul convention is the best vehicle to drive positive change.
On Second Reading, the Government signalled support for the Bill’s principles but indicated that they would seek to amend aspects of it at subsequent stages. There are no amendments before us, but I am sure the Minister will take this opportunity to set out the Government’s intentions on Report. I am grateful to her for the dialogue we have had on the amendments she intends to table.
Clause 1 places a duty on the Government to take “all reasonable steps” to ratify the Istanbul convention
“as soon as reasonably practicable”.
In other words, the intention behind the clause is to focus the Government’s energy on getting the Istanbul convention off the back burner and on to the statute book. We have had many verbal commitments to the Istanbul convention over recent years and some important legislative progress towards compliance, but there has been a long hiatus that needs to be overcome.
Clause 2 emphasises the need for a clear timescale and an accountable process. Given the long delay in ratification, it should be obvious why a timetable against which progress can be measured and improved opportunities for parliamentary scrutiny are desirable. The key thing is to agree on a realistic timetable and stick to it. I fully appreciate that compliance with the Istanbul convention requires the engagement of a range of actors, not all of whom necessarily attach the same priority to preventing and combating violence against women as we do here. I do not think any of us want to see this kicked into the long grass yet again, so we need to set out a realistic timescale.
Clause 3, which concerns reporting, will strengthen the opportunities for parliamentarians to scrutinise the implementation of the Istanbul convention. The convention’s great strength is that it provides a framework for ongoing improvements in policy and practice, but for those improvements to work optimally, policy makers need to engage with the process. Reporting mechanisms are an integral part of the convention, of course, but in my view they are an insufficient vehicle for parliamentary scrutiny. We all know that, too often, reports are simply laid in the Library and become stoor gaitherers; they gather dust and are easily forgotten or ignored. Clause 3 will ensure that, in the run-up to ratification, Ministers have the opportunity to update Parliament directly on progress, keeping the issue at the forefront of public attention.
I know that the Government are keen not to duplicate reporting on the Istanbul convention, but I hope that today the Minister will put on the record her commitment to putting annual progress reports before Parliament, before and hopefully after ratification. Will she commit to making an oral statement on progress? I believe that that would be a very significant step for the visibility of the issues surrounding gender-based violence—issues that have been swept under the carpet for so long, out of sight and out of mind. I hope that she will also set out in detail the areas in which she believes the UK will need to introduce new legislation or change existing legislation to comply with the convention.
Clause 3 alludes to the fact that a number of policy areas that relate to the implementation of the convention fall within areas of devolved competence in Scotland and Northern Ireland. I know from my dialogue with the devolved Administrations that there is genuine cross-party support throughout these islands for the Istanbul convention, but for the UK to be fully compliant, primary legislation and/or legislative consent will be required in a number of areas. May I ask whether the Minister has opened discussions with the devolved Administrations on the steps towards ratification? Will she update us on her progress?
Clause 4 is simply a technical clause that sets out the short title, commencement and extent of the Bill.
I have not rehearsed the arguments that I made on Second Reading, but I want to say in closing that the Istanbul convention can make a profound difference to women’s lives and I hope that the Government will pursue ratification with all due haste.
It is a great pleasure to serve under your chairmanship this afternoon, Mrs Main. I welcome the tone and spirit with which my hon. Friend the Member for Banff and Buchan opened this debate, and the opportunity to continue our work together. I am grateful to all hon. Members who have given up their time this afternoon; it is a pivotal day in Parliament, not just because we are talking about this very important Bill, but because of the debate in the Chamber, and I am grateful to those who have prioritised being in this Committee Room. It underlines the cross-party support for what we are doing.
We remain absolutely committed to ratifying the Istanbul convention. Combating violence against women and girls remains a top priority for the Government; the Prime Minister has made that absolutely clear, as have the Home Secretary and I. Since we signed the convention in 2012, the UK has made significant progress towards ratification. In most respects, we are already compliant with the convention’s requirements or we go further than them. We have put a range of measures in place to tackle VAWG—violence against women and girls—including criminalising forced marriage; allowing women to request information on their partner’s criminal history; introducing new laws on stalking and female genital mutilation; rolling out domestic violence protection orders; and introducing new domestic abuse offences.
We know that there is more to do. Last March, we published our new cross-Government VAWG strategy, which sets out our ambition that by the end of this Parliament no victim of abuse will be turned away from the support they need. To support that, we have increased funding, pledging £80 million through to 2020. We recently published a national statement of expectations, to set out what local commissioners need to put in place to ensure that their response to VAWG is effective; new guidance on domestic homicide reviews; and a new domestic abuse statistical tool and data set. We have announced our intention to introduce a new stalking protection order.
We are making progress, but before we ratify the convention we must ensure that the UK is fully compliant with it. There remains just one outstanding issue relating to extraterritorial jurisdiction, which I will call ETJ today for the purposes of brevity, that we have to address. Article 44 requires that all signatories take the necessary legislative measures to establish ETJ over any offence established in accordance with the convention. The UK already exercises ETJ in relation to many serious offences, including forced marriage, FGM and sexual offences against children. However, there are some VAWG offences to which it does not yet apply. Introducing ETJ for the remaining offences requires primary legislation and, as my colleagues at the Ministry of Justice have highlighted to Parliament, the Government will seek to legislate as soon as time allows.
In addition, Northern Ireland and Scotland also need to legislate on ETJ. We therefore need to allow sufficient time for their respective Governments to do that. We realise the importance of getting on with this matter. We liaise regularly with the devolved Administrations on VAWG and I have been in touch with my counterparts about the Bill. MOJ officials have also had informal contact with their counterparts about the ETJ requirements of article 44 and we will continue to liaise closely with the devolved Administrations on this issue. I am sure that all hon. Members know that, at the moment, that is quite challenging for Northern Ireland, given the situation there, but that does not diminish our commitment. Nevertheless, it means that we must be realistic about the amount of time that we need to spend on this issue.
On Second Reading, the Minister for Policing and the Fire Service made it clear that the Government supported the Bill in principle but that further consideration of the detail was needed. We have now had time to consider the Bill in detail and our intention is to propose amendments on Report. I would like to take this opportunity to set out the direction of, and rationale behind, those amendments.
Clause 1 would require the Government to take “all reasonable steps” necessary to ratify the convention
“as soon as reasonably practicable”.
The Government fully support the aim behind the clause, which is to ensure that we deliver on our commitment to ratify the convention. However, as Members will appreciate, because one of the steps that we and the devolved Administrations need to take will require primary legislation to introduce ETJ, there is a danger that the clause could be interpreted as imposing a duty on the Government to legislate. In effect, that would pre-empt the will of Parliament. Much as the Government always want to get our own way in Parliament, we cannot take that for granted. We must acknowledge the democratic processes that need to happen in Parliament.
Therefore, we will table an amendment to remove clause 1, while ensuring that the spirit behind it is captured by the remaining clauses. Once again, I would like to put on the record the Government’s commitment to ratifying the convention. The proposed removal of the clause does not change that in any way, shape or form.
I apologise if this is a stupid question, but I would be grateful for the Minister’s answer to it. I understand what she says about the will of Parliament. However, if this legislation were passed with the wording in the Bill, as tabled, would that not mean Parliament had expressed its will?
I have discussed this matter a great deal with the hon. Member for Banff and Buchan, who is promoting the Bill, and taken a lot of advice from expert parliamentary draftsmen. We just want to make sure that there is absolutely no confusion in what we are attempting to do. When the hon. Member for Stretford and Urmston has the opportunity to read the amendments—of course, there will be further opportunities to discuss the Bill on Report—I think she will see that in no way, shape or form are we diminishing the commitment that the Bill seeks to place on the Government to ratify the convention. We have been crystal clear: we want to ratify the convention. It is just a question of using the appropriate language to make sure that we put the matter beyond doubt.
We fully support the requirements of clause 2. It would introduce a requirement on the Government to lay a report, setting out the steps to be taken to enable the UK to ratify the convention and the timescale for doing that. However, we have concerns about the four-week timescale. The Committee will recognise the need to ensure that a more proportionate timeframe is in place, given that in order to set out when we intend to ratify, we need to be clear about the likely timescales for putting in place the necessary legislation on ETJ. We need a proper amount of time to have our discussions with the devolved Administrations so that we can give a realistic timeframe.
Although not only I but most Members can fully appreciate some of the difficulties, in particular to do with the devolved Administrations, does my hon. Friend agree that women who are denied justice and help do not have time? They are living with the injustices that are committed against them, often by the hour. Does my hon. Friend agree that we need to up the game and put some timescales into the process so that we can ratify the convention as soon as possible?
As I said at the beginning, we already comply with or exceed the vast majority—in fact every aspect—of the convention. My hon. Friend is quite right, and one victim is one victim too many, but the UK is already meeting its obligations.
This is a question of those crimes for which we need extraterritorial jurisdiction in order to be fully compliant. It is quite right that when we sign up to something as a nation we deliver and we are working very hard to make sure we are 100% compliant before we move to ratification. That should not be interpreted in any way, shape or form as our not being utterly determined to work at pace to tackle all forms of domestic abuse and violence against women and girls. My hon. Friend the Member for Calder Valley can be proud of his achievements and of what we have achieved in this Parliament, although we are not being at all complacent as we know there is more to do. By accepting this Bill, we will be doing exactly what my hon. Friend asks. We will be setting out what actions need to be taken. We will be setting out timeframes. Every year, we will come to Parliament to account for our actions, and that imposes tight timescales on us. We are first due to report on 1 November, which is only a matter of months away. I hope that my comments reassure my hon. Friend.
We are utterly determined to ratify this convention, and nobody should doubt that we will work very constructively. We will table amendments on Report, and, subject to their being accepted, we are keen to see this Bill pass.
It is a pleasure to serve under your chairship for the first time, Mrs Main. It is particularly poignant that you are assuring the safe passage of this Bill, which will protect everyone against gender-based violence.
I am particularly proud to support the work of my hon. Friend the Member for Banff and Buchan. Her approach is an example to us all. She focused on the issue and worked in a collaborative and cross-party manner to achieve this goal for everybody in this country. I know that the Minister is also of that mindset. The way that they have worked together should be commended, because what they are doing today and will do in the future—I hope, based on what the Minister said—is the very best of this Parliament. I thank them both for doing that and for giving me the opportunity to be part of the process.
I am very proud that a Labour Government led the original negotiations that resulted in the Istanbul convention, and that the Leader of the Opposition has confirmed that a Labour Government will ratify the convention. The Bill is important, as my hon. Friend the Member for Banff and Buchan said, because it seeks to ensure the ratification of the first international treaty on preventing and responding to gender-based violence. That landmark treaty gives all survivors of domestic abuse the right to access the specialist support services that my hon. Friend the Member for Calder Valley mentioned, which they need to live in safety and rebuild their lives.
As we have seen in the past two weeks, the international community’s role in holding Governments to higher standards and protecting all citizens is becoming more necessary. The convention and therefore the Bill will change the landscape locally, nationally and internationally on how we tackle and prevent violence against women and girls and support survivors. As my hon. Friend the Member for Banff and Buchan said, now is not the time to rehearse those arguments, but I hope that we will have a meaningful, well-attended debate on Report and that we will all be there to support the Minister as she tries to secure the Bill’s safe passage.
I am keen to get some further confirmation and clarification from the Minister on the issues that she raised. First, I understand her argument about clause 1, and I know that she has approached the Committee with good intentions. It is good to hear her state clearly on the record that the Government are committed to ratifying the Istanbul convention. On the barriers to ratification, I appreciate the clarity that she gave us on ETJ, but she said it will happen “as soon as time allows”. Will she give us some assurances about the timescale? Does “as soon as time allows” mean within a month, a year or a decade? I welcome the fact that the Minister has opened dialogue with the devolved Administrations, but can she give us some clarity about the point that those negotiations have reached? Has she started them, or has there been a coalescence around the timescales? Will she set out a timescale for the changes that she suggested, especially those to clause 2(1)(b)?
I understand the Government’s reservations about clause 3, but it is necessary for Parliament to be able to hold them to account on the reports created by the Group of Experts on Action against Violence against Women and Domestic Violence. It is welcome that the Minister committed to providing an annual statement to Parliament to allow us to debate our steps towards ratification and our compliance. However—I am not sure whether I misheard the Minister or whether she did not say this—will that be an oral statement to the House, rather than a written one? It is important that Members of Parliament have the opportunity to debate this issue in full once a year, as the Minister is offering.
I thank the hon. Member for Rotherham for the way in which she has welcomed the Bill. There is cross-party support for it, and I want to keep working constructively on it.
I am conscious of time. The Bill seeks to set out the timetable that the hon. Lady asks for, so I will not put the cart before the horse. Once the Bill is passed, the Government will be committed to its obligations. As I said, subject to the amendments being acceptable on Report, we will, of course, produce a report that clearly answers the questions she asked today.
The one thing on which I can absolutely give the hon. Lady some clarity is that we will have written statements before Parliament and an oral statement. Once the written statements are published, there will be an opportunity for an oral statement, so that we can have a full debate in this place and celebrate the achievements that we will be making, and give Members the opportunity to scrutinise and push the Government further.
I intend to be quite brief in summing up this afternoon’s debate, and I thank all hon. Members who have participated. It is clear that there is a great deal of consensus across the House on this issue and that there is some political will from those of us who understand its importance and urgency.
Most of the Minister’s comments on amendments were very constructive and helpful. I was glad that she raised extraterritorial jurisdiction—every time I say that, I think I am going to say “extra-terrestrial jurisdiction”, so I understand why we are calling it ETJ. Obviously it makes civil servants and Law Officers queasy, but we are getting much more used to exercising it in a range of policy areas. ETJ has been a sticking point in this legislation because it is quite legally complex, but we are now exercising it for so many other serious crimes that failing to exercise it for serious crimes against women seems like a dereliction of duty and a failure to protect our citizens, who are travelling and working abroad more than ever—I know that the hon. Member for Calder Valley has raised in the Chamber the dreadful experiences of one of his constituents.
I suppose my remaining reservation is about the Minister’s phrase “as soon as time allows”, which my hon. Friend the Member for Rotherham also mentioned. That is the kind of language that we are all familiar with in this place and that we have seen used in relation to the Istanbul convention over the last four and a half years. The problem is that with ETJ it will not just be the Home Office that leads on this issue; it will relate not only to other jurisdictions—Scotland and Northern Ireland—but to other Departments in Westminster. I do not want the Government let off the hook and allowed to push this issue on to the back burner, nor do I want to see vague, principled commitments replace a real road map for progress. I take on board the Minister’s concerns about constitutional phrasing, but I really do not want to see the teeth pulled from this initiative, because it is a road map with identifiable milestones for which other Departments and other Administrations can also be held accountable.
As for the other amendments, we need a realistic and reasonable timetable. The Government have a clear sense of how long these things take, and I am amenable to constructive dialogue, but I emphasise that it is important that we keep this issue at the top of the priority list. Members of the Committee are well equipped to ensure that we do.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 4 ordered to stand part of the Bill.
Bill to be reported, without amendment.
(7 years, 6 months ago)
Commons ChamberI beg to move, That the clause be read a Second time.
With this it will be convenient to discuss the following:
New clause 10—Recommendations by GREVIO and the Committee of the Parties (No. 2)—
“Any recommendations or reports by GREVIO (that is the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence) or the Committee of the Parties (that is the Committee of the Parties to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)) must be debated in Parliament before any Government response is given.”
New clause 11—Annual statistics—
“The Government must use its best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims in each country who are ratified members of the Convention and to make them publicly available and published annually.”
New clause 12—Quarterly statistics—
“The Government must use its best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims who are ratified members of the Convention and to make them publicly available and published quarterly.”
New clause 14—Limitation on reservations concerning Article 44—
“The United Kingdom shall not make its ratification subject to any declaration as provided for under paragraph 2 of Article 78 of the Convention that it will not establish jurisdiction under Article 44 when the offence established with the Convention is committed by a person who has her or his habitual residence in the United Kingdom.”
New clause 15—Territorial application—
“The United Kingdom shall not make its ratification subject to any restriction on territorial application under Article 77 of the Convention.”
New clause 16—Victims of forced marriage—
“The United Kingdom shall not make its ratification subject to any restriction on its right to take the necessary legislation or other measures referred to in Article 59.4.”
New clause 17—Compensation awarded to those who have sustained serious bodily injury or impairment of health—
“No ratification of the Convention shall be made by the United Kingdom unless at the time of depositing its instrument of ratification it declares that it reserves the right not to apply the provisions of Article 30 paragraph 2.”
New clause 18—Limitation on reservations concerning psychological violence and stalking—
“The United Kingdom shall not make its ratification subject to any declaration as provided for under paragraph 3 of Article 78 that it reserves the right to provide for non-criminal sanctions for the behaviours referred to in Article 33 and Article 34.”
New clause 19—Reservations—
“Nothing in this Bill shall prevent the United Kingdom ratifying the Istanbul Convention with reservations as provided for in paragraphs 2 and 3 of Article 78.”
New clause 20—Requirement to denounce of the Convention after five years—
“The United Kingdom Government shall denounce the Istanbul Convention no later than five years after it has ratified the Convention.”
Government amendment 1, leave out clause 1.
This amendment leaves out clause 1.
Amendment 56, in clause 1, page 1, line 6, at end insert—
“without making any reservations under Article 78 of the Convention.”
Amendment 57, in clause 2, page 1, line 11, after “Convention” insert “without reservations”.
Government amendment 2, page 1, line 12, leave out “date by” and insert “timescale within”.
This amendment requires the Secretary of State to report on the timescale within which she expects the Istanbul Convention to be ratified, rather than the date.
Amendment 58, page 1, line 13, at end insert “without reservations.”
Amendment 24, page 1, line 14, leave out from “laid” to end of the subsection and insert “when reasonably practicable”.
Government amendment 3, page 1, line 14, leave out
“within four weeks of this Act receiving Royal Assent”
and insert
“as soon as reasonably practicable after this Act comes into force”.
This amendment changes the deadline for a report under clause 2 from four weeks from Royal Assent to as soon as reasonably practicable after commencement.
Amendment 22, page 1, line 14, leave out “four weeks” and insert “three years”.
Government amendment 4, page 1, line 16, leave out “Her Majesty’s Government” and insert “the Secretary of State”.
This amendment means the obligation to make a statement to Parliament will fall on the Secretary of State, rather than Her Majesty’s Government generally.
Amendment 59, page 1, line 17, after “Convention” insert “without reservations”.
Government amendment 5, page 1, line 17, leave out “it” and insert “the Secretary of State”.
This amendment is consequential on amendment 4.
Government amendment 6, page 1, line 19, leave out “its” and insert “the”.
This amendment is consequential on amendment 4.
Government amendment 7, page 1, line 20, leave out “the Convention will be” and insert—
“the Secretary of State would expect the Convention to be”.
This amendment means the Secretary of State will be required to make a statement detailing when she would expect the Istanbul Convention to be ratified, rather than when it will be so ratified.
Amendment 25, in clause 3, page 2, line 2, leave out “each year” and insert “biennially”.
Government amendment 8, page 2, line 2, after “each year” insert “until ratification”.
This amendment makes clear that the government will only have to report on progress towards ratification until ratification has taken place (see amendment 14).
Government amendment 9, page 2, line 4, leave out paragraph (a) and insert—
“(a) if a report has been laid under section 2(1), any alteration in the timescale specified in that report in accordance with subsection (1)(b) and the reasons for its alteration;”.
This amendment is designed to avoid the implication that a report under clause 2 will necessarily have been issued before a report is required under clause 3.
Amendment 26, page 2, line 4, leave out paragraph (a).
Amendment 27, page 2, line 7, leave out paragraph (b).
Government amendment 10, page 2, line 7, leave out “(before ratification)”.
This amendment is consequential on amendment 8.
Amendment 28, page 2, line 10, leave out paragraph (c).
Government amendment 11, page 2, line 10, leave out “(before ratification)”.
This amendment is consequential on amendment 8.
Government amendment 12, page 2, line 11, leave out “to” and insert “in”.
This amendment changes a reference to legislative proposals being brought forward “to” the devolved legislatures to legislative proposals being brought forward “in” the devolved legislatures - which is the usual formulation.
Amendment 29, page 2, line 14, leave out paragraph (d).
Government amendment 13, page 2, line 14, leave out “(before ratification)”.
This amendment is consequential on amendment 8.
Government amendment 14, page 2, line 16, leave out paragraph (e).
This amendment removes the ongoing reporting obligation in clause 3(1)(e).
Amendment 49, page 2, line 25, at end insert—
“and produce a breakdown of government spending on victims of violence and domestic violence for both men and women.”
Amendment 50, page 2, line 27, after “violence” insert—
“and provide statistics showing international comparison on levels of violence against women and men”.
Amendment 51, page 2, line 31, at end insert—
“and to include the names of these organisations”.
Amendment 60, page 2, line 31, at end insert—
“(f) the costs to the Exchequer of the measures set out in subsection (1)(e).”
Amendment 52, page 2, line 32, leave out “annual” and insert “biennial”.
Amendment 53, page 2, line 32, leave out “1 November 2017” and insert “1 January 2020”.
Amendment 54, page 2, line 33, leave out “1 November each year” and insert—
“1 January every 2 years”.
Amendment 55, in clause 4, page 2, line 37, leave out from “Act” to end of subsection and insert—
“will not come into force until 90% of the signatories to the Convention have ratified it and there has been a proven reduction in violence against women in 75% of the countries who have ratified the Convention.”
Government amendment 15, page 2, line 37, leave out
“on the day on which this Act receives Royal Assent”
and insert—
“at the end of the period of 2 months beginning with the day on which this Act is passed”.
This amendment means the Act will be brought into force two months following Royal Assent, rather than immediately on Royal Assent.
Government amendment 16, in title, line 1, leave out
“Require the United Kingdom to ratify”
and insert—
“Make provision in connection with the ratification by the United Kingdom of”.
This amendment is consequential on amendment 7.
Government amendment 17, in title, line 3, leave out “; and for connected purposes”.
This amendment is consequential on amendment 16.
On a point of order, Mr Speaker. I do not wish to try your patience, but could you advise the House about the status of explanatory statements associated with amendments, and particularly Government amendments? The Member’s explanatory statement to amendment 4 on page 8 of the amendment paper says:
“This amendment means the obligation to make a statement to Parliament will fall on the Secretary of State, rather than Her Majesty’s Government generally.”
In fact, the amendment goes much further, because it would change the Government’s role in ratification and substitute the Secretary of State for the Government, so the explanatory statement is not a full and accurate statement of the effect of the amendment.
What I would say to the hon. Gentleman in response to that further point of order is that I am not responsible for the content of Government explanatory statements.
Well, the Government Whip says from a sedentary position, “Shame.” I have a sufficient burden, which I am very happy to seek to discharge to the best of my ability, but responsibility for Government explanatory statements is not part of that burden. Moreover—if I can bring a glint to the eye and a spring to the step of the hon. Member for Christchurch (Mr Chope)—it might be my observation that he, too, is not responsible for the content of Government explanatory statements. They are intended to try to help the House and to facilitate debate, but they enjoy no formal status whatever, so I do not think the hon. Gentleman should be troubled by the matter, although it may be something on which he will wish to expatiate at a later stage. We shall see.
Well, we shall see.
We begin with new clause 6—and I hope we can now begin with new clause 6—with which it will be convenient to consider the new clauses and amendments listed on the selection paper.
I want to speak to new clause 6 and the other new clauses and amendments that stand in my name and that of my hon. Friend the Member for Bury North (Mr Nuttall). We have quite a large group of amendments and new clauses to go through this morning. There are 11 new clauses—seven tabled by me, and four by my hon. Friend the Member for Christchurch (Mr Chope). On top of those, we have 36 amendments, most of which have actually been tabled by the Government, in cahoots, it is fair to say, with the Scottish National party and the promoter of the Bill. I will come to their amendments in a bit, because they seem to be trying to con the campaigners behind the Bill by pretending to support the Istanbul convention, at the same time as filleting the Bill to make sure it does not come into effect at all—but more of that later.
I have tabled 14 amendments, and my hon. Friend for Christchurch has tabled five, so we have 47 new clauses and amendments to consider this morning. I will try to do justice to them, and I will try to do that as quickly as I can, because I appreciate that other people will want to speak to them. However, a quick bit of arithmetic will tell hon. Members that if I spend only two minutes on each new clause and amendment, we will soon rattle past an hour and a half, so it is going to take some time to go through such a large group.
I would have thought that the hon. Gentleman would—and I hope he will—support the Prime Minister’s commitment to ratify the Istanbul convention. Will he clarify that for me?
It is fair to say that I have never been considered the Prime Minister’s official spokesman, and I am very grateful that the hon. Gentleman is elevating me to that lofty position. I suspect it is one I will never take up, so I might milk the opportunity for all it is worth now. The Prime Minister made it clear that she supports the Bill as it will be amended by the Government amendments, and I will explain why that is a long way from agreeing to the Istanbul convention. It strikes me that the Government amendments are all about trying not to ratify the convention.
I hope they will.
Let me go through the group in order. New clause 6 refers to the recommendations by GREVIO—the Council of Europe’s Group of Experts on Action against Violence against Women and Domestic Violence—and the Committee of the Parties to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention), and would mean that those recommendations were not binding on the UK Government. The convention has a two-pillar monitoring system to ensure that all members live up to their commitments. [Interruption.]
It is interesting to note that nobody—particularly on the SNP Benches—wants to listen to the debate, which is surprising because it was exposed on Second Reading that they did not actually know what was in the Istanbul convention. You would think that they would have learned their lesson and would actually want, this time around, to learn what was in the convention—but apparently not. I am not entirely sure whether the position of the hon. Member for Perth and North Perthshire (Pete Wishart), who is on his knees and facing the wrong way, is in order during a speech, but it is certainly not normal behaviour from him. [Interruption.] He may not be listening, but he could at least give the impression that he is interested in knowing what is going on in the debate.
He is not. We are very grateful to him for clarifying that he is not interested in the debate. There is no wonder the SNP is so authoritarian.
The Istanbul convention has a two-pillar monitoring system to ensure that all members live up to their commitments. The aim is
“to assess and improve the implementation of the Convention by Parties.”
We therefore have two groups: GREVIO, which is initially composed of 10 members and which will subsequently be enlarged to 15 members when the 25th country has ratified the convention, and a political body—the Committee of the Parties—which is composed of representatives of the parties to the Istanbul convention.
The last thing we need is another group from a supranational body that is set up to make it look as if that body is doing something on issues but that just becomes a talking shop. It is not the implementation of the Istanbul convention that will make any real difference to levels of violence generally—and certainly not to levels of violence against women—but harsher sentencing of perpetrators. The idea that having a group of experts pontificating about how well or badly something has been implemented will make any material difference to the levels of violence in the UK is for the birds.
GREVIO’s task is to monitor implementation, and it may adopt general recommendations on themes and concepts of the convention. The Committee of the Parties follows up on GREVIO reports and conclusions, and adopts recommendations to the parties concerned.
There are different procedures that these two bodies can use to monitor each country’s implementation, such as a country-by-country evaluation procedure whereby GREVIO considers evidence submitted by the relevant countries. Should it find the evidence insufficient, it has the power to organise country visits and fact-finding missions.
Is the UK represented on either or both of those bodies, and if so, who is our representative? Did my hon. Friend consult with such person or persons concerning the terms of his new clause before he tabled it?
My right hon. Friend is usually much more up on these matters than I am, so I always bow to his superior knowledge, but my understanding is that we would get members on these bodies only once we had ratified the convention. If he knows differently, I am happy to allow him to correct me because, as I say, he is usually more right than I am on most matters.
Another procedure that GREVIO can adopt is a special inquiry procedure that can be implemented when there is reliable information indicating that action is required to prevent a serious, massive or persistent pattern of any acts of violence covered by the convention. In this instance, GREVIO can request urgent submission of a special report by the concerned country.
Obviously I do not believe that the Government should ratify the convention at all, but should we do so, I do not want these foreign supranational bodies to come over and start lecturing us about things when in fact we are usually doing an awful lot better than any other country in the world on such matters. We often see this with the United Nations. By ratifying the convention on the terms of this Bill, we will open ourselves up to visits, fact-finding missions and interference by a foreign body lecturing us about what we should be doing, and perhaps even instructing us that we should be doing this, that and the other.
Does my hon. Friend agree that we already have sufficient procedures and Committees within our own House of Commons to be able to monitor the actions of the Government on the Istanbul convention?
My hon. Friend is absolutely right. It is rather sad if the House of Commons, and Parliament generally, thinks it is so poor at holding the Government to account on these things that it cannot do it itself and has to farm out the job to a foreign body. That would be a rather strange approach and from a Parliament that was lacking in self-confidence. The Women and Equalities Committee—I will not go into the issue of its name today—would be more than capable of holding the Government to account on the work they are doing on combating violence against women, and violence against men for that matter. We do not really need foreign politicians and foreign bureaucrats sticking their noses into what we are doing .
Is not my hon. Friend rather contradicting himself, because if we were to adopt the convention, it would not be a foreign body lecturing us, would it? It would be a body on which we had representation and were able to make our views known.
I do not accept that. Having said that my right hon. Friend is virtually always right, I fear that this is one of the rare occasions when he is not. These things all sound wonderful when one signs up to them, but one does not necessarily understand the full implications of doing so. As an illustration of that, we might focus on the European convention on human rights. It would be very difficult for anybody to disagree with anything in that convention, but we did not realise at the time how it would grow and start to get ahead of itself, interpreting things in a way that could never have been envisaged and getting above its station. That creates all sorts of problems further down the line. In this context, my fear is not necessarily all about what is in the Istanbul convention, although I do have concerns about that—I am more concerned about the way in which a foreign body will interpret its role and start growing to a level that was never envisaged either in the convention or in the Bill. The votes for prisoners issue in relation to the European convention on human rights perfectly illustrates how these things can grow in a way that we never envisaged. I therefore do not accept the premise of my right hon. Friend’s intervention.
New clause 6 is absolutely essential to maintaining our sovereignty in the United Kingdom and to making sure that that is set out clearly in the Bill so that there is absolutely no doubt that we retain all sovereignty in these matters and in what we are implementing.
New clause 10 follows on from that. I would have hoped that the SNP and the campaigners for this Bill would very much welcome it, because it says:
“Any recommendations…by GREVIO…or the Committee of the Parties…must be debated in Parliament before any Government response is given.”
My hon. Friend the Member for Bury North argued that Parliament should be in charge of these matters. If we sign up to this Bill as currently drafted, Parliament will be excluded from anything that goes on. Once we have ratified the convention and the Bill is passed, Parliament will suddenly become redundant. If a foreign organisation is producing reports saying that the Government are not meeting what they signed up to—if that is the view of GREVIO and the Committee of the Parties and they produce a report along those lines—then surely it is only right that the matter is debated in Parliament so that Parliament can have its say on whether it agrees before the Government respond to GREVIO and the Committee of the Parties.
I cannot see why anybody who is in favour of this Bill and is campaigning for it could possibly object to giving Parliament more scrutiny over the process and more power to hold the Government to account. If anybody who supports the Bill would like to intervene and tell me what objection they have to new clause 10, I would be very happy to hear it and try to deal with it. If people do not have any objections to it, they will obviously remain quiet and we can proceed on that basis—we can press it to a vote and hopefully get people’s endorsement. I will give people the opportunity again: if anybody has any objection to new clause 10, perhaps they could speak now. If they do not, we will press it to a Division and hopefully get full support for it. It looks as though we have that.
My hon. Friend is absolutely right. I will come on to the Government amendments in due course. The Government, in cahoots with the SNP in the cosy little deal that they have put together, have removed any post-ratification scrutiny of how the Government are doing. That is quite extraordinary, but no doubt the Government and the SNP will be able to answer for themselves in due course.
My hon. Friend says that the Government have removed it, but so far the Bill has not been amended at all. He will obviously ensure that any Government amendments are tested in this House, because it may well be that quite a lot of the people who were originally supporters of this Bill would not want to see it watered down in the way that the Government wish.
My hon. Friend is absolutely right. Far from watering down the Bill, he is seeking to strengthen it; I will come to his amendments and new clauses in due course. We have an important role to play in Parliament in making sure that any legislation is fit for purpose. We ought to test the will of the House on any attempts to hoodwink the public. People should know where each MP stands on watering down the convention and on whether Parliament should have any role post-ratification—or whether we should just ratify the convention and leave it at that.
I am grateful to my hon. Friend for giving way with regard to his new clause 10, but I wonder whether he has thought through the constitutional implications of allowing a vote in this House to have any formal standing when it is neither a statutory instrument nor primary legislation. Would that not risk bringing the courts into the proceedings in Parliament?
I always bow to my hon. Friend’s superior knowledge of constitutional issues. I would never enter into a competition with him on that, because I would certainly lose. However, I do not think there is anything to fear from new clause 10. All it asks for is a debate on the report in Parliament before the Government give a response. It would not even necessarily make the Government beholden to the outcome of that debate, but it would at least ensure the Government were aware of the views of MPs before they responded.
I am grateful to my hon. Friend for giving way again. How would that be tested? If the Government decided not to have a debate in Parliament, it could not be taken to a judicial review, because the courts could not consider a proceeding in Parliament.
There is plenty of evidence of Governments ignoring what Parliament has to say to them on a number of occasions, whether on appointments, Select Committees or whatever. I appreciate my hon. Friend’s concerns and I always take them seriously. I will reflect on what others have to say in the debate; they may be able to persuade me that new clause 10 is not worth pursuing. However, I do not envisage the problems my hon. Friend envisages. I suppose we ought just to leave it at that and perhaps move on from there. My hon. Friend may well have the opportunity to have his say and explain in greater detail why new clause 10 should be resisted. I am sure the House will listen carefully to what he says, as will I. It would be a sad—and rare—state of affairs if I found myself voting in a different Lobby from my hon. Friend. New clause 10 should find favour with campaigners in favour of the Bill and the convention, because it gives Parliament more say over what happens post-ratification.
New clause 11 relates to annual statistics. This is very important. I have heard many assertions from campaigners that we must pass the Istanbul convention to eliminate violence against women, and that if we do not ratify it we will not have any reduction in violence against women. Campaigners say that if we pass the convention there will miraculously be no violence against women. New clause 11 requires the Government to use their
“best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims in each country who are ratified members of the Convention and to make them publicly available and published annually.”
The point of that is to allow us all to see for ourselves whether ratifying the Istanbul convention actually makes any difference at all to levels of violence against women and levels of domestic violence. At the moment, we do not really know too much about it.
In preparation for this debate, I tried to get figures on countries that have ratified the convention to ask them if they had seen a reduction in violence since ratification. We should want to test whether it will actually make any difference at all. Unfortunately, the House of Commons Library told me that it did not have any such figures and that these figures did not exist. So anybody who stands up today and says that passing the Istanbul convention will reduce levels of violence against women is doing so in the full knowledge that they have no evidence at all to support that claim—unless, of course, they have done what I did. In the absence of any House of Commons Library figures, I wrote to the ambassadors of all the countries who ratified the convention to ask whether they could supply me with any of the information.
I do not know whether anybody else in the House has actually bothered to find out whether ratifying the convention makes any difference to levels of violence against women. Perhaps anybody who has done so could intervene now and share that information with me. No, I did not think anybody would intervene. I did not think that anyone would actually have any idea of what they were talking about before they came here today, but of course someone coming in on a Friday and knowing what they were talking about before pontificating would be breaking a great tradition. I have done the work for them—again. I contacted the ambassadors of the countries that have ratified the convention and asked for their figures. I am sure everyone will be interested to know what has happened in those countries since ratification. I am sure the Minister will be delighted to know. Maybe the Minister does not know this either. It is quite extraordinary, really.
Sweden signed the convention in May 2011 and ratified it in July 2014. It came into force in November 2014, with reservations. I will come on to reservations later, because I know that is a subject my hon. Friend the Member for Christchurch feels very strongly about. From the figures given to me by the Swedish ambassador, the total number of reported offences in 2013, before the convention was ratified in Sweden, was 39,580. When the convention came into force it was 42,217. In 2015, after ratification, it went up to 42,252. The preliminary figures for 2016 show another increase in violence, with reported offences at 43,179. The offences included in this category—I am very grateful to the Swedish ambassador for sending this very detailed information—are all forms of assault, murder and rape, including attempted rape, regardless of the victim’s age. In Sweden, therefore, ratification of the Istanbul convention has not made a blind bit of difference to levels of violence against women. In fact, all that has happened is that levels of violence have continued to increase. What do all those who claim that the convention is essential to reducing violence have to say about that? Absolutely nothing—that is what they have got to say about it.
I wonder whether there might be other factors involved. My hon. Friend will no doubt have heard the President of the United States expressing considerable concern about the dangers now arising in Sweden.
My hon. Friend makes a very good point. I do not intend to deviate too much from the matter in hand, but he raises an interesting point about what might be the driving force behind that. I think the point he is getting at is that he thinks the levels and nature of immigration into Sweden might have been a contributory factor—a point made by President Trump last week. There may well be truth in that. I do not know; I did not ask the ambassador for any assessment on that. All we do know is that ratifying the Istanbul convention has not led to a decrease in violence against women in Sweden, and so all the people claiming that that is what is going to happen might want to think again.
Is it possible that in a country that cares about a particular form of violence people might be more willing to report that violence, and so figures might go up rather than down?
It is a no-fail measure, isn’t it? If the level of violence goes down, it is because of the Istanbul convention; if it goes up, it is because the Istanbul convention has helped levels of reporting. It cannot fail: whatever the figures it is a winner. I commend my hon. and learned Friend greatly for that line. She will almost certainly be made a Government Minister very soon. With such aplomb at the Dispatch Box with which to explain away any difficult figures in her Department, I suspect she will make a very fine Minister in short order.
My hon. and learned Friend may well be right. Unfortunately, the situation in Portugal is not quite the same as that in Sweden, so her thesis slightly falls down. Portugal ratified the convention a bit earlier than Sweden, since when the numbers have been like a rollercoaster: they have gone down, then up, then down again. I am not entirely sure how that can be explained away on the basis of increased awareness.
It is fair to say that, to any independent observer, the figures indicate that ratification does not make a blind bit of difference to levels of violence against women. I am very happy for other hon. Members to put their own gloss or spin on why the figures have gone up and down; I am just looking at them as someone who is interested in the statistics.
I am not sure whether my hon. Friend is referring to reported figures. Surely the point is that if women are aware that their voices will be heard and that support is available, they will come forward and report incidents of this hidden crime. Surely he can see that that is a positive thing.
Of course I am in favour of people reporting crimes, but I am not entirely sure that we need to ratify the Istanbul convention for them to do so. We already encourage people to report crimes. If my hon. Friend wants to send a message today to every victim of violence that it is essential that they report that crime to the police, she is welcome to do so and I will endorse that message wholeheartedly. Any victim of any kind of violence, in any shape or form, irrespective of their gender, should report it to the police. It should be fully investigated and the perpetrator brought to justice and much more harshly punished than they currently are. Let that message ring out from the Chamber today, but we do not need to ratify the Istanbul convention for people to report that they have been the victim of a violent crime—we already have measures in place to deal with that.
The rollercoaster effect in Portugal that I described has also happened in Poland, which ratified the convention on 27 April 2015. It seems that the figures went up after it signed the convention, but that lately they have gone down.
There is no pattern to the figures in the countries whose ambassadors kindly sent me them, but it is important to put it on the record that they show that Sweden, Portugal and Poland clearly take the issue very seriously. I commend those countries for doing so and for laying bare their figures to me. In some cases the figures are good and in others they are not, but those countries have been open and transparent enough to share them with me so that I can share them with the House.
I worry about the countries that did not share their figures. I appreciate that I have no evidence to support this and that I am making an assertion that can be countered, but I fear and suspect that some countries did not supply me with the information because they are slightly embarrassed that the figures have gone in the wrong way since they ratified the convention. I could be wrong, but people can draw their own conclusions.
I have also seen figures from Albania and Austria. In Albania, they show an increase since ratification from 4,599 to 5,281. In Austria, the trend is the same. Its first annual report, which came out last September after the convention came into force in 2014, showed that the number of female victims of violent offences had increased from 37,546 to 37,677—so I think it is fair to say that we are not going to make a massive difference to levels of violence against women by ratifying the treaty.
After Austria ratified the Istanbul convention, the number of women murdered there went from 118 in 2014 to 165 in 2015. That seems quite a significant increase in murders against women a year after the country ratified the convention.
I suspect that it is harder for a murder victim to report that crime—so clearly not. My hon. Friend is absolutely right that that statistic cannot be explained away by increased reporting of crime. I think it is fair to say that murders are known to the public authorities.
I commend my hon. Friend for tabling new clause 17. It is effectively a probing new clause trying to find out the Government’s policy on the issue. They say they wish to ratify the convention, but they have made no statement about whether, in ratifying, they wish to have reservations under the powers in the convention.
My hon. Friend makes a very good point, and I hope that the Minister will make that clear. I have given up the hope that SNP Members know anything about what is in the Istanbul convention. They clearly have no idea. If they bothered to read it, they would know that it contains powers for Governments to reserve some areas—not sign up to them—but still ratify the convention. We have no idea, however, whether we are going to sign up to these things. Before Parliament agrees to something, we should at least know what we are signing up to. At the moment, we have no idea. Perhaps the Minister will be good enough to tell us, before Third Reading, what the Government envisage us signing up to.
My hon. Friend the Member for Christchurch is right in one sense about the new clause being a probing measure to tease out from the Government which bits of the convention we will sign up to as part of ratification, but he does it a slight disservice. I am not entirely sure I agree that it is just a probing new clause. To describe it as such suggests that I do not particularly agree with it and am just seeking information, whereas I do agree with it, so I cannot agree with him.
If my hon. Friend was to make the same accusation about new clause 19, however, he might have a point. It states:
“Nothing in the Bill shall prevent the United Kingdom ratifying the Istanbul Convention with reservations as provided for in paragraphs 2 and 3 of Article 78.”
In effect, that would allow the Government to ratify the convention with the maximum number of reservations allowed. It is important to highlight what reservations are allowed and therefore what would be covered by the new clause. The reservations apply to the following outline areas: compensation, which I have just covered on new clause 17, jurisdiction, statute of limitation, residence status and the right to provide for non-criminal sanctions for psychological violence and stalking.
I have talked about article 30 and compensation already. The new clause 19 would also allow the Government in effect to opt out of paragraphs (1)(e), (3) and (4) of article 44, on jurisdiction; article 55(1), as it relates to article 35, on minor offences and ex parte and ex officio proceedings; article 58, as it relates to articles 37 to 39, on the statute of limitation; and article 59, on residence status, especially in relation to spouses. Finally, article 78(3) declares that a state
“reserves the right to provide for non-criminal sanctions, instead of criminal sanctions, for the behaviours referred to in Articles 33 and 34”—
on psychological violence and stalking respectively.
There is a good case for saying that the UK Government and Parliament should be sovereign in all these areas and that where we can leave matters to the UK Government, Parliament and the UK courts, we should take that opportunity, mainly for the reason I outlined in response to my right hon. Friend the Member for East Yorkshire (Sir Greg Knight): we have no idea necessarily how these things will develop over the years, so it is best to reserve as many rights as possible. That would be the most sensible strategy for the Government to adopt, because it would allow them to retain as much control as possible.
Does my hon. Friend agree that there is plenty of precedent from around Europe for going down precisely this route in respect of what other countries have done as part of their ratification process?
My hon. Friend is absolutely right. In fact, I was just about to come on to that. Of the 22 countries that have already signed and ratified the convention, 11 have done so with reservations attached, and a further four have signed it stating they want reservations too. It is clearly a reasonable approach for Governments to take—it is in the convention that countries can do it, so it must be an accepted approach. It is clearly a reasonable approach, as all countries, Governments and legal systems are different, and it is important that that be recognised as much as possible so that provisions can be to the taste of particular countries. I hope, therefore, that the Government will make it clear where we are with these reservations and what implications there might be. If they are seeking the maximum number of reservations, as I would advise them to do, perhaps the Minister can confirm that she has no objection to new clause 19, which would simply make that clear in the Bill and put the matter beyond any doubt and further debate.
No, I do not. I was going to come to that later, but as my hon. Friend has raised it now, I should make it clear that I absolutely do not think that. In fact, colleagues will remember my hon. Friend the Member for Cheltenham (Alex Chalk) waging a fantastic campaign trying to double the maximum sentence courts could impose on people convicted of stalking. I was a strong supporter of his 10-minute rule Bill that sought to do that, and I was pleased that the Government agreed to adopt that measure. That was fantastic.
I differ with my hon. Friend, however, in that I do not accept the premise that providing for reservations from the convention means that we necessarily always have to disagree with what is in those articles. It just means that we are free to do what we think is right, rather than having another body telling us its view of the matter. We can be trusted to do the right thing by victims of stalking, as the Government have already done. Not signing up to an article does not mean disagreeing with what is in it; it just means we want to retain sovereignty for our own country.
Does my hon. Friend understand why, when the last Labour Government were negotiating the convention, they were prepared to allow other countries to have non-criminal sanctions in respect of stalking? Why were they prepared to allow a reservation of that nature, given that only a very limited number of reservations are allowed?
That is a very good point. No doubt the Labour spokesman will be able to explain why Labour thinks it is absolutely fine for other countries to have non-criminal sanctions for stalking, and for psychological violence against women. The Labour Government obviously agreed to that being part of the convention, and people are happy for us to sign up to it on the basis that it is a gold standard for protecting women. Well, I hope people realise what is in this “gold standard for protecting women”. Those who campaign most vociferously seem to be the ones who have read the smallest amount of it. There is a direct correlation: the people who seem to be the most wound up about it are the ones who have read it the least. If some of them take the time to read it, they may be shocked to find what is in this “gold standard”.
I actually think that the UK can do a damn sight better than the Istanbul convention. I think that by signing up to it we will be levelling things downwards rather than levelling them upwards, which is what we should be seeking to do. If the Government want to do something useful around the world, they should be encouraging other countries to adopt the practices in which we engage in this country, rather than our agreeing to adopt their practices, which are much weaker when it comes to dealing with violent crime and, in particular, violence against women.
My hon. Friend is absolutely right: Labour Members have a great deal to answer for in this debate. Perhaps they will be able to explain why they think that stalking and psychological violence against women should be subject to non-criminal sanctions in other countries, and perhaps the Bill’s promoter will be able to explain why she would adopt that policy as well. I suspect that it is not something that she tells people about very often when talking about the Istanbul convention.
New clause 20 provides for a requirement to denounce the convention after five years. In effect, it is a sunset clause—I think that more Bills should contain sunset clauses—enabling us to review whether or not the Istanbul convention has been a force for good in the United Kingdom. If everyone is so confident that ratification will indeed be a force for good, they have nothing to fear from a sunset clause, because it will become apparent that the ratification has been a great triumph, and we can all agree to put the provision back on to the statute book in time for it to continue. If, of course, the ratification proves to be a turkey, the Bill will fall, and we shall be able to start from scratch. We shall be able to introduce legislation that is much more sensible and effective. I have no idea why anyone might not support a sunset clause. It seems a very good safeguard, because it requires us to continue to focus on what a Bill is designed to achieve, and to ensure that that is what it is achieving.
Those are my new clauses. I shall now deal with the amendments—14 of the 36—that are tabled in my name. Amendment 22 relates to the report that subsection (1) requires the Secretary of State to lay before Parliament on the timetable for ratification of the convention. The subsection states that the report
“must be laid within four weeks of this Act receiving Royal Assent.”
What is required within four weeks is for the Secretary of State to set out
“the steps required to be taken to enable the United Kingdom to ratify the Istanbul Convention; and…the date by which the Secretary of State would expect the United Kingdom to be able to ratify the Convention.”
I think that is a rather unrealistic timetable. No doubt the Secretary of State could rustle something up to hit that arbitrary four-week target, but I think it would be much more sensible for the report to be meaningful and accurate. Surely we should be aiming for that, rather than sticking to an artificial timetable.
I should love to know why the Bill specifies four weeks. Perhaps its promoter will be able to tell us. Why four weeks? Why not six weeks, or two weeks? What is so special about four weeks? I suspect that there is nothing special about it at all. I suspect that someone said, “We shall have to put in a figure. What shall we put in? Let’s go for four weeks, shall we?” I do not think that that is a sensible way of drafting legislation.
My hon. Friend is effectively supporting one of the Government amendments, but may I present an alternative point of view? The Government have had since 2014 to draw up a list of the legislative requirements that will enable the convention to be ratified. The Bill was published on 29 June last year, and we still have not heard from them any indication of what they believe must be done in order to enable the United Kingdom to ratify it.
My hon. Friend seems to have made my point for me. I understand what he is saying: that the Government have had ample time in which to do this, and we should therefore be able to put to them a fixed time in the near future. My contrary point would be that, if after such a long time they still have not been able to do it, how on earth are we to expect them to do it all of a sudden within four weeks? That seems unrealistic to me. Surely the fact that the Government have not managed to do it in all those months suggests that they will not be able to do it in four weeks. My point is that the timetable is unrealistic.
But it is not just four weeks, is it? One of the Government amendments says that the Act should not come into force until two months after Royal Assent, which means, effectively, that after Royal Assent the Government would have three months on top of all the time that they have had up until now.
My hon. Friend is clearly right. I cannot disagree with anything that he has said. The points that he has made about Royal Assent are factual. However, I am not entirely sure that that timetable is achievable either, given the delay that we have already seen. My point is that, rather than rushing to meet an artificial target that they are clearly finding it difficult to meet, the Government should be left to set out those steps at a reasonable time.
My amendment 22 would extend the timetable from four weeks to three years, and I should like to think that everyone would agree that it allows the Government ample time to get their ducks in a row and their house in order. I should like to think that the Government would have no excuse for not sticking to that particular timetable. However, my hon. Friend thinks that that would let the Government off the hook too much. My amendment 24 replaces the four weeks with “when reasonably practicable”.
As my hon. Friend will know, I support his “three years” amendment. Would not the other option leave the position open-ended? “Reasonably practicable” may mean “never”.
My hon. Friend is right, and I shall go into that in a bit more detail later. The Government really are selling people a pup. They, and the Scottish National party, are trying to get all the plaudits for putting their shoulders to the wheel to ensure that the Istanbul convention is ratified, but the “filleting” amendments are designed to do the exact opposite. My three-year amendment, as my hon. Friend puts it, may mean a long time in the waiting, but at least it will mean that there is a fixed deadline for the Government to meet. Amendment 24, which says that the report must be laid “when reasonably practicable”, mirrors the Government amendment. It is very similar. Obviously, great minds—mine and the Minister’s—think alike on the matter. However, I concede that the amendment allows for a never-ending timescale. Perhaps that is what the Government, and the SNP, have in mind. I do not know. I am perfectly relaxed about either measure—I will take soundings from colleagues as to which they think is the best. My general point is that the four-week target is never going to be achievable, particularly given all the other things that are going on for the Government at the moment.
It seems to me that it is what it says on the tin:
“as soon as reasonably practicable”.
It is when the Government are in a position to be able to do so. I know my hon. Friend has extensive experience of government, as a former Minister. That is a privilege that I do not have, and never will have, so it is not for me to say what it takes for the machinery of government to get itself into a position to do something, but I am sure that he trusts the Government to move as speedily as possible on these matters, given the Minister’s stated commitment to these things. I am sure he has nothing to worry about on that provision. The Minister tabled a similar amendment to mine, which is a rare thing in itself. Presumably, she may be able to answer his question. She may be able to explain what she had in mind when she tabled her amendment to satisfy him.
Amendment 25 is about the annual report that is required in clause 3. The clause says that the Secretary of State shall lay a report “each year”. I propose to change that to “biennially”. Every two years is perfectly adequate for that report; we do not need an annual one. If my hon. Friend gets his way, it will not need to be laid annually or biennially because the Government will have this done and dusted in no time anyway. Therefore, I am not sure why we need an annual report, to be honest. However, Members can explain why, if these things have to be done quickly, we need an annual report saying what steps need to be taken and when we are expected to ratify the convention. Presumably, the whole point was to have it done and dusted in no time at all, so I am not sure I understand the need for that provision.
Amendment 26 would delete
“any alteration in the date by which the United Kingdom expects to be able to ratify the Convention and the reasons for the alteration”.
I do not see any point in that provision. It seems to be superfluous to requirements.
I propose in amendments 27 and 28 to delete paragraphs (b) and (c) of clause 3, which are about pre-ratification reports. I cannot see the point of those provisions, including that on
“the administrative measures taken…to ratify the Istanbul Convention”,
and those on what has been done in the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly.
Order. I am sure, Mr Davies, you are not going to go down that route.
My word, Mr Deputy Speaker! If we were to abolish Bills that were just about gesture politics, that would abolish private Member’s Bill Fridays altogether. However, that is a debate for another day. I do not want to be sidetracked down that line today.
Amendment 29 would delete paragraph (d). The provision says that the Secretary of State shall lay before each House of Parliament a report on
“the measures to be taken and legislation required to enable the United Kingdom to ratify the Istanbul Convention”.
Surely it is clear what legislation is required to enable the UK to ratify the convention. Why on earth do we need an annual report for the Government to tell us what legislation is required to ratify the convention?
Order. I am a bit worried. Time is going by and I know that you, Mr Davies, will want to hear some of the other speeches. I am sure that you will want to get towards the end of your speech. Mr Chope is trying to distract you permanently. We have to worry about that.
I will try not to be distracted by my hon. Friend too many times. As I think you will appreciate, Mr Deputy Speaker, I have been trying to crack on through my amendments, but there are 47 new clauses and amendments in this group and they take some wading through. However, I have been racing through them. I will leave the Minister to answer my hon. Friend’s point when she speaks.
Amendment 49 is about a report—we are still laying a report—about the measures taken by the Government to comply with the Istanbul convention to
“protect and assist victims of violence against women and domestic violence”.
At the end of that, my amendment would insert
“and produce a breakdown of government spending on victims of violence and domestic violence for both men and women.”
I do not see why anyone would want to oppose the Government having to produce a breakdown of how much they are spending on victims of violence and domestic violence, broken down by men and women. Men are nearly twice as likely as women to be the victim of a violent crime—1.3% of women interviewed for the crime survey reported being victims of violence in 2014-15, compared with 2.4% of men. When it comes to the most serious cases, according to the crime survey for England and Wales, women accounted for 36% of recorded homicide victims in 2015-16, whereas men accounted for 64%, yet so far the provisions we have here apply only to women. Therefore, it is important that the Government make clear what provisions they have for the victims of violent crime, whether they be men or women. I hope that the Government will agree to publish that information, and, if not, explain why they object to it so much.
Amendment 50 addresses the next bit of clause 3, which is about the report showing what the Government are doing to
“promote international co-operation against these forms of violence”.
At the end of all that, I have inserted that they should also
“provide statistics showing international comparison on levels of violence against women and men”.
I do not intend to repeat myself, but I spoke earlier about the information I have managed to acquire from different ambassadors. If we ask the Government to show what they are doing and then to show what other countries who have ratified the convention are doing, that will give us a good idea of how we are doing compared with other countries. Surely that is a meaningful comparison that we would want to look at. At the moment, the Government can offer us no meaningful comparisons to show how we are doing in comparison with other countries. I do not know why they would be afraid of doing that; surely they would want to make sure they were doing better than other countries. My amendment would give them the opportunity to do that and to highlight their record against that of other countries. Perhaps that would level everybody’s standards upwards, rather than them just being at the lowest possible common denominator.
Amendment 51 relates to the report on the measures the Government are taking in providing
“support and assistance to organisations and law enforcement agencies to co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence.”
At the end of that, I have added
“and to include the names of these organisations”.
It is important that the Government should make it clear, as part of this reporting strategy, what support and assistance they are giving and to which organisations they are giving that support. Then we can scrutinise whether or not they are the right organisations.
It might well be that there are other organisations out there—perhaps small organisations in local communities that the Government have not come across—that we can champion and say, “You don’t seem to be giving any money to these organisations. How about giving them a cut of the funding available?” I do not know what would be lost by the transparency of knowing which organisations the Government were funding.
Does my hon. Friend see any irony in the fact that while he and I have proposed, in separate amendments, deleting clause 3(1)(a), (b), (c) and (d), the Government have proposed deleting paragraph (e), which is the most substantive of all the paragraphs to this clause?
My hon. Friend is right, and what is happening here—if anybody bothers to notice—is that I am strengthening paragraph (e); I am trying to give the Government more requirements for reporting what they are doing post-ratification.
I will come to the Government amendment a bit later, but my hon. Friend is right to say that while I am, through these amendments, strengthening paragraph (e) and making sure that the Government have to give more information, the Government, with the SNP’s connivance, are making sure that there will be no reporting on any of these issues post-ratification of the Istanbul convention. Again, they will have to explain themselves on that, but I think that if we are going to ratify this convention, we should at least have some post-ratification knowledge of what on earth is happening and how well we are doing.
Order. If the hon. Gentleman does want to hear that, it might be helpful if he gets on and ends his speech, as I can then get some answers for him—and I would not want to distract him from hearing the answers.
I am very grateful for that, Mr Deputy Speaker, and I will certainly be leaving plenty of time for the answers, but, as I have said, there are 47 new clauses and amendments here and I am going through them as quickly as possible.
As ever, you are absolutely right, Mr Deputy Speaker. There have been lots of interventions and I will try to resist the temptation to be as generous in taking them as I normally am—for a bit, at least.
Amendment 54 again addresses clause 3 and the reports on progress. The amendment says that the first annual report should be laid no later than 1 November 2017. That is interesting in itself, because what the Government are leaving in the Bill is all about before ratification, but I want to keep in post-ratification reports, and my amendments say that the first one should be from 2020 onwards—they should be done from 2020 and then every two years. That would be the effect of amendments 53 and 54.
Amendment 55 is my final amendment and it relates to when this Bill, when it becomes an Act, should come into force. The Bill says it should
“come into force on the day on which this Act receives Royal Assent”,
and the Government have amended that, but I suggest it should
“not come into force until 90% of the signatories to the Convention have ratified it and there has been a proven reduction in violence against women in 75% of the countries who have ratified the Convention.”
It seems to me to be perfectly clear that we would want to ratify the convention only if it is actually shown to work. As I made clear earlier, we do not have the evidence at the moment to support that.
Those are my amendments, and I will now touch briefly on the other ones in the group, which I can race through fairly quickly, I hope. All of the new clauses in the name of my hon. Friend the Member for Christchurch are about making sure that the Government do not apply any of the reservations. I have explained why I think the Government should apply some reservations, however, and that is why I would reject new clauses 14, 15 and 16. If I might be so bold as to say so, I think my hon. Friend’s best attempt here is new clause 18 on psychological violence and stalking. It is inconceivable that those things would not come with a criminal sanction in the UK, so in that sense we have nothing to fear from signing up to that. It might be my hon. Friend’s argument that if we were to make it clear that we would sign up to that—that we would be happy to make sure they would always have a criminal sanction—it might encourage others to do the same. I do not know whether that would work, but I would not be averse to that, and if my hon. Friend were to push new clause 18 to a vote, I would be more sympathetic to that than I would be to his other new clauses, if that is helpful to him.
The Government amendments—which the SNP has endorsed, let us not forget that—are extraordinary. I have made it clear that I am opposed to this convention, but this cosy deal shows that they do not care too much about it either. They pretend—
I am going to resist the temptation to give way to my hon. Friend for now, Mr Deputy Speaker, just to show that I always take notice of the Chair.
They are attempting to fillet this Bill without anybody noticing, claiming to be champions of the Istanbul convention while getting the Government off the hook of ever having to actually implement it. These amendments are all about making sure either that the Istanbul convention is never ratified or that its ratification is delayed as much as possible. Only SNP Members will know why on earth they have agreed to this. Only they will be able to explain that, or perhaps they are so embarrassed about it that they will not be willing to explain it at all. I hope they will have the guts to admit to what they have done.
Government new clause 1 would remove clause 1 and therefore would remove the ratification of the convention on violence against women, because clause 1 imposes a “duty” on the Government
“to take all reasonable steps as soon as reasonably practicable to enable the United Kingdom to become compliant with”
the Istanbul convention. The Government want to delete that. They want to leave out clause 1, yet clause 1 is the whole point of the Bill, in that it imposes a duty on the Government
“to take all reasonable steps as soon as reasonably practicable to enable the United Kingdom to become compliant”
with the convention. The Government want to remove that provision from the Bill, and the SNP is quite happy for them to do so. This is absolutely extraordinary stuff, Mr Deputy Speaker! You literally could not make it up.
Do not worry, the House will hear it in all its glory. Government amendment 16—and, with it, Government amendment 17—is an absolute pearler. The Bill is so bad that not only are the Government taking out clause 1, which is the whole point of the Bill, but they are even changing the title because it is no longer applicable to what they are prepared to sign themselves up to—with SNP support.
The title says that this is:
“A Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.”
Everyone outside this place thinks that that is what we are debating today. They think this is a Bill to require the United Kingdom to ratify the Istanbul convention. Well, not any more. The Government and the SNP have caved in on what the Bill was supposed to be about, because now they are changing the title. The requirement on the United Kingdom to ratify the convention will no longer be in the Bill’s title if the Government and the SNP get their way. The Bill will just:
“Make provision in connection with the ratification by the United Kingdom of”.
In other words, “Let’s kick this one into the long grass. We’ll just have a few things that need to be done before we actually ratify the convention.” The Bill will no longer require the Government to ratify the Istanbul convention, and even “and for connected purposes” will be removed. Nothing that might actually help to ratify the Istanbul convention will be included in the Bill.
There we have it: a whole range of amendments. Some of my amendments are about transparency, and some would strengthen the measures expected of the Bill—people would certainly know what has to be reported on so that we can see what is happening in other countries. On the other hand, we have the Government amendments, supported by the SNP, that water down the Bill and even remove the requirement to ratify the Istanbul convention. The public outside need to know that they are being conned by people who claim to support ratification and who claim to be on the campaign group. The public have been sold a pup. At least some of us are honest about not liking this convention, which has to be a better way to operate than this rather shabby deal between the Government and the SNP.
I hope that we can test the will of the House on the weakening of the Bill, and we will see how we get on.
In considering this group of amendments it is useful to consider the related document, the sixth report of the Joint Committee on Human Rights, session 2014-15, on violence against women and girls, which was published in February 2015 and called on the Government to ratify the Istanbul convention.
I am delighted that my Bill is back before the House on Report. I am extremely grateful to colleagues on both sides of the House—from nine parties—who support the Bill, and especially to those who have given up a valuable constituency Friday. I am particularly grateful to those who have been up all night with the by-elections. I can see quite a few folk who are a bit bleary eyed this morning. I thank everyone for being here.
Preventing and combating violence against women and domestic violence is extremely relevant to people in every single constituency. We have a chance today to make a real difference to their lives and the lives of future generations. On Second Reading the Government intimated their intention to amend the Bill while supporting its intent and principles. Although the amendments were not forthcoming in Committee, they are before the House this morning, and I thank the Minister and her officials for working constructively with me and my staff to table amendments that meet the Government’s need for unambiguous and watertight legislation without watering down the substance of the Bill.
Some seven women a month are killed in England and Wales alone. Does my hon. Friend agree that that deserves to be treated with the utmost urgency, as we would any other major cause of death?
My hon. Friend is absolutely right. We also need to understand the dynamic of control and abuse that feeds those shocking statistics.
I congratulate the hon. Lady on making such progress with this important and very necessary Bill. Does she agree that it is important that people have faith in parliamentarians to carry out their monitoring role once the convention is implemented and that the actions of the hon. Member for Shipley (Philip Davies) do not help?
I absolutely agree with the hon. Lady. I will address scrutiny in a bit.
There are few issues that unite this House, but there is a compelling degree of unanimity on the need to ratify the Istanbul convention and the need to do more to prevent and combat gender-based violence, which is reflected in the cross-party support for the Bill and the willingness of Members from all parties to work together to achieve the progressive change that people in our communities want to see.
However, the hon. Member for Shipley has done me one favour with his amendments by giving me an opportunity that I might not otherwise have had on Report to clear up some fairly basic misunderstandings about the Istanbul convention—not least what it actually says and does—and some fundamental misconceptions about the gendered dynamics of sexual violence and domestic abuse.
First, clause 3 of article 4 of the Istanbul convention explicitly states that
“the provisions of this Convention by the Parties, in particular measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.”
It is unambiguous: the Istanbul convention provisions apply to women, men, trans and non-binary people alike, and regardless of any other characteristic. It is comprehensive and clear.
Interestingly, an organisation such as Stay Brave, which advocates specifically for male, trans and non-binary victims of sexual and domestic violence, and which would not have in the past claimed adherence to any feminist agenda, supports the Istanbul convention and wants to see it ratified, because it recognises that the convention will help all victims. As its chief executive said in a blog published yesterday, it recognises that:
“The focus on ending violence against women is important, because it recognises the global pandemic of injustice. Gender inequality…creates a world where power, money and strength become motivators for systemic violence.”
The chief executive officer of another men’s organisation, David Bartlett of the White Ribbon Campaign, yesterday also urged all MPs who care about ending violence and promoting gender equality to vote in favour of the Bill today.
That is why the hon. Member for Shipley is simply wrong to suggest that this can ever be understood as a gender-neutral issue, and why the points he has made in the past about men being left out and this not being about them cannot be taken seriously. All of us are agreed that all sexual violence and all domestic violence is serious, regardless of the gender of the victim or of the perpetrator, and regardless of any other characteristic —end of.
No, I will not. The hon. Gentleman has more than enough air time. Everybody recognises that some men will experience gender violence and domestic violence, and that sometimes the perpetrator will be female, but in the real world in which we live the people who experience sexual and domestic violence are overwhelmingly female; women are disproportionately subjected to these forms of violence and abuses on a colossal scale—we cannot ignore that reality. The large majority of perpetrators, although by no means all, happen to be men; no credible, documented source of evidence anywhere in the world suggests otherwise. We do ourselves a huge disservice if we pretend that this is just another case of “the boys against the girls”—we are not in primary 4. It is a grave distortion of a terrible, systemic abuse of human rights to ignore the profound gender inequalities that drive and compound sexual violence and domestic abuse.
It is also important to say that some types of sexual violence are becoming more prevalent. Crime in Scotland is at a 40-year low, yet sexual offences are rising. That could be due to more people reporting what has happened to them, and in the wake of the exposure of the Savile review we know that there has certainly been a spike in the reporting of historic incidents. But I fear that this is also to do with a genuine increase in new types of gender-based violence, which are partly facilitated by this saturated world we live in of violent sexual imagery: the emergence of so-called “revenge porn”, which was not possible until the advent of smartphones; and things such as so-called “date rape” drugs being available. Those things were not problems 20 or 30 years ago but they have become prevalent problems now, and they are driving an increase in sexual assaults in particular. However, women’s inequality is still a key feature of every society in the world, and that is what is really underpinning gender-based violence.
The hon. Lady is making an excellent speech and an important point. I congratulate her on her ongoing work on this issue and I hope everyone will vote in support of the Bill today. We came into this Chamber with the horror of the Helen Bailey story in today’s papers, her partner having been jailed for 34 years for her murder. Does the hon. Lady agree that this highlights how the crime of domestic violence and violence against women hits? Age and background are not relevant, as this is a universal crime. Finding a way of raising awareness among young people will be the best gift we can give them in terms of prevention, and supporting the Bill today will be global Britain in action.
The hon. Lady makes a series of salient points in her concise intervention, and of course our condolences go to the friends and family of Helen Bailey, whose dreadful murder made us all pause for thought and for breath. It was a truly horrific crime and I am glad her killer has been brought to justice.
The hon. Lady also anticipated the points I was just about to make on the universality of gender-based violence. I talked a lot on Second Reading about the differential experiences of gender-based violence, and in explaining why I will be opposing amendments that have been tabled, I will reiterate the points I made then. Although this is a universal crime that affects women right across the spectrum, we know that low-income women, disabled women and women under 30 are more likely to experience gender-based violence than others. We know that women from some ethnic and cultural minorities are exposed to greater risk of specific manifestations of violence, such as female genital mutilation or forced marriage. Sexual violence can happen to any of us—it affects people of all economic and social backgrounds and ages—but there are deep structural social inequalities reflected in our likelihood of experiencing sexual and domestic violence, and gender inequality is the cross-cutting factor that underpins and compounds them all.
If we are serious about ending these forms of abuse, we need to understand their manifestations and end the denial—the blind spot—about the far-reaching effects of wider gender inequality. Women may have secured equality before the law—de jure equality—but we are nowhere near achieving de facto equality, or equality in practice. We need just to look around Parliament or to listen to the amount of air time that people get in Parliament, including today, to see that. Until we get that equality in practice, women will continue to face life-threatening, life-changing abuse over the course of their lives.
I now want to turn to the amendments tabled by the Minister, all of which I am happy to accept. I am grateful for the way in which the Government, in proposing some significant changes, have worked to retain the principles, intention, integrity and spirit of the Bill. We are at our best as legislators when we use those areas where there is already a large degree of common ground and consensus to find compromises and push forward together where we are able to do so. Although these Government amendments were not tabled in time for the Committee, the Government were able in Committee to outline their intentions in some detail and to indicate the areas in which they planned to amend the Bill on Report.
Government amendment 1, which removes clause 1, is undoubtedly the amendment over which I still have some reservations, but I am prepared to take in good faith the Government’s commitment that they will move forward with all due haste to make the legislative changes they need to make to bring the UK into compliance with the Istanbul convention. I reject absolutely the assertion from those on the Tory Back Benches that the Government do not care about these issues. I urge anyone who takes that view to speak to some of the women on the Tory Benches, including those who have so courageously spoken about their own experiences of domestic abuse. Tory women are no more immune from gender-based violence than anyone else; all of us are affected. I believe genuinely that there is a shared commitment on this, including a personal commitment from the Prime Minister.
I greatly appreciate how the hon. Lady has acknowledged the cross-support on this issue and everything she has done in the Chamber and outside it. She has the full backing of female Conservative Back Benchers, but I also applaud my male colleagues, who are also behind her.
I am grateful for that intervention. As I said on Second Reading, actions speak louder than words. We have heard a lot of warm words and verbal commitments in principle about the Istanbul convention for nearly five years now, but the process had clearly stalled. So I am delighted that a few days ago, ahead of this debate, the Prime Minister announced new legislation on domestic abuse and expressed her support for this Bill. I hope the Minister will be able to say more about that proposed legislation and will confirm whether the Government intend to use it to address the outstanding issues, particularly those relating to extra-territorial jurisdiction, which have been the last main barrier to the ratification of the convention. Will the Minister also say whether there are plans to strengthen compliance with the convention in areas in which we all know there is massive room for improvement, such as on coercive control and the way the family courts, and their equivalents, work in all our jurisdictions? Will she also set out how discussions are progressing with the devolved Administrations, which support the Istanbul convention but also have competencies and steps to take towards ratification in such areas?
I thought I might assist the House by rising at this stage of the debate to explain Government amendments 1 to 17 and to address the valid concerns raised by my hon. Friend the Member for Shipley (Philip Davies).
I very much welcome the opportunity to discuss the Bill on Report and to continue to work with the hon. Member for Banff and Buchan (Dr Whiteford) on this important issue. As the Prime Minister made absolutely clear at Prime Minister questions on Wednesday, the Government share the hon. Lady’s commitment to ensuring that the UK ratifies the Istanbul convention.
We signed the convention in 2012 to signal our aim that everyone, men and women, should live a life free from violence. The convention’s key priorities already align with those of the UK. They are to continue to increase reporting, prosecutions and convictions, and, ultimately, to prevent these crimes from happening in the first place. The UK already complies with or goes further than the convention requires, including by delivering against its practical requirements such as ensuring the provision of helplines, referral centres and appropriate shelters for victims, as well as by meeting its requirement to ensure we have robust legislation in place. However, before we are fully compliant with the convention, there remains one outstanding issue in relation to extraterritorial jurisdiction that we need to address.
The UK already exercises ETJ over a number of serious offences, including forced marriage, female genital mutilation and sexual offences against children. However, there are some violence against women and girls offences over which we do not yet have ETJ, and primary legislation is required to introduce it. I am working closely with my colleagues in the Ministry of Justice to progress this issue and, as the Prime Minister has signalled, we will explore all options for bringing the necessary legislation forward.
I made it clear in Committee that the Government fully support the principles that underpin the Bill. The hon. Member for Banff and Buchan is seeking to ensure that we deliver on our commitment to ratify the convention, and I thoroughly commend that aim. However, as I indicated in Committee, some amendments are necessary to ensure that the Bill achieves that aim. I shall set out the rationale behind the Government amendments.
Government amendment 1 would remove clause 1, but I should make it absolutely clear that we fully support the motivation behind the clause, which would require the Government to take all reasonable steps required to ratify the convention as soon as reasonably practicable. As I have set out, though, both we and the devolved Administrations need to legislate to introduce ETJ before we can ratify the convention. Members will appreciate that that this means there is a danger the clause could be interpreted as imposing a duty on the Government to legislate; indeed, it could be interpreted as pre-empting the will of Parliament. I assure Members that we support the intention behind the clause, and the requirements in the remainder of the Bill will ensure that we deliver on its aims. I am absolutely clear that seeking to remove the clause in no way changes our absolute commitment to ratifying the convention.
Clause 2 would require the Government to lay a report setting out next steps to be taken to enable the UK to ratify, and the expected date for that, within four weeks of the Bill receiving Royal Assent. As I outlined in Committee, we fully support the motivation behind the clause but, as we need to legislate on ETJ before ratification, we need to ensure appropriate flexibility for the timing within which we need to lay the report. Such flexibility is also necessary because Northern Ireland and Scotland will need to legislate on ETJ. Amendment 2 would therefore replace the words “date by” with “timescale within”, and amendment 3 would replace the four-week timeframe with
“as soon as reasonably practicable after this Act comes into force”.
Clause 3(1 )(e) would require the Government to lay annual reports on the measures taken to ensure that the UK remains compliant with the convention post-ratification. As with other Council of Europe treaties, once the UK has ratified the convention we will be required to submit regular compliance reports to the Council of Europe. Those reports will include detail on the policy and strategies in place to tackle VAWG and on the role of civil society organisations, particularly women’s non-governmental organisations, as well as data on prosecutions and convictions. The reports will be scrutinised by GREVIO, the independent expert body responsible for monitoring the implementation of the convention. Based on the information received, GREVIO will prepare a final public report with recommendations. In addition, a selected panel of GREVIO members may visit the UK to carry out further assessment of the arrangements in place. I wish to confirm that, once we have ratified the convention, additional members of GREVIO will be appointed, and it will be possible for the UK to have representatives on GREVIO.
As Members will appreciate, we want to avoid duplicating our existing reporting requirements. Amendment 14 therefore removes paragraph (e) of clause 3(1). However, I hope that Members are reassured to hear that, after we ratify, there will be rigorous oversight to ensure that we continue to remain compliant with all the measures in the convention. Clause 4(2) would ensure that the provisions in the Bill come into force a day after Royal Assent. Amendment 15 reflects the usual two-month convention for any Bill receiving Royal Assent. I wish to reassure Members that this will not affect the timescale for any of the measures proposed in the Bill.
The remaining amendments 4 to 7, 9 to 13 and 16 and 17 are consequential on the Government amendments, and are technical to ensure that the Bill reflects usual drafting conventions.
In respect of amendment 16, the explanatory notes say:
“This amendment is consequential on amendment 7.”
Will the Minister please explain exactly how the amendment is consequential on amendment 7?
It is related to the fact that we have already accepted everything that is within the convention, and that it is just a matter of verification. The details of what this House has agreed to have been set out very clearly. There is cross-party and cross-country support for every aspect of the convention.
I have made my point very clearly. I really want to respect the wishes of Mr Speaker, who has made it very clear to everyone that he is very keen to ensure that today, as on all days, Back Benchers have as much time as necessary to make their cases. I have very thoroughly addressed the issues raised in the amendments by my colleagues. I will now press on in the time that I have available.
I really want to emphasise that ending violence against women and girls is a top priority of this Government. Since publishing the original “A Call to End Violence Against Women and Girls” strategy in 2010, we have made great strides. In the past four years, we have strengthened the legislative framework and introduced a range of new measures including new offences on domestic abuse, forced marriage and stalking; tools such as domestic violence and FGM protection orders; and a range of guidance and support for professionals. Of course we know that there is more to do. I assure the House that we remain committed to driving forward at pace work to tackle violence against women and girls. That is why we recently announced the “Tackling child sexual exploitation: progress report” supported by a £40 million package of measures to protect children and young people from sexual abuse, exploitation and trafficking, and to crack down on offenders.
Last week, the Prime Minister announced plans for a major new programme of work to transform the way we think about and tackle domestic abuse. That is being led by the Home Secretary and the Justice Secretary and it will look at all legislative and non-legislative options for improving support for victims, especially in terms of how the law and legal procedures currently work. It will work towards bringing forward a domestic violence and abuse Act, and the measures that come out of the work will raise public awareness of the problem as well as encouraging victims to report their abusers and see them brought to justice. The £15 million Home Office VAWG transformation fund is currently open for bids further to support local areas in promoting and embedding best practice.
I wish to turn my attention to the issues raised by the other amendments in this group. My hon. Friend the Member for Shipley has spoken about the importance of recognising that men and boys can also be victims of these crimes—he has spoken about that both on Second Reading and in many other parliamentary debates on VAWG and related issues.
I will be incredibly brief because we have taken years to get to this point, and I do not want to slow this down any further. I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) and her team on their hard work in ensuring that this private Member’s Bill made it this far. I know that she has gone to great lengths to ensure that we can be here today, and I congratulate her on that.
The convention provides a step change in the way in which we all—central Government, local authorities, charities, women’s services and even individuals—work to prevent violence against women and girls.
I congratulate my hon. Friend on the work she has done to support the Bill. Does she agree that it is important that we get the multi-agency and co-ordinated approach to tackling violence against women and girls that the Istanbul convention demands? Will she work with MPs across the House to check that this integrated approach and the support services are available throughout the country, as they are absent in some areas?
My hon. Friend raises an interesting point. The good thing about the Bill is that it encourages everyone to work collaboratively to prevent the crime and tackle the perpetrators, and then to provide support. She is absolutely right that there is a patchwork of provision across the country. This legislation will only go so far. We need scrutiny on the ground to ensure that everybody gets the service they deserve.
The successful passage of this Bill is hugely significant. The Government have given a commitment to ratify the convention but, with due respect, a commitment on the statute book will always count for more. I am grateful to the Minister for her endorsement of the Bill and for the truly collaborative way in which she has worked for the benefit of all women. I heard her speech and understand the reasons for tabling the amendments. I am also grateful that she has again made the commitment that the Government are fully intent on ratifying the convention. As such, we support all her amendments. However, I want to push her on two issues.
First, the Government last week announced plans for a programme of work that will lead to a domestic violence and abuse Act, which I fully welcome. Pushing the Minister a little on the detail, will she confirm whether such a Bill will contain the primary legislative measures necessary to extend the extraterritorial jurisdiction to the remaining offences of violence against women and girls? If so, what is the Government’s timetable for that Bill?
Secondly, I have repeatedly asked the Government to make assurances about continuing the grant funding for the revenge porn helpline, which ends shortly. Since the helpline opened in 2015, it has received more than 5,000 calls relating to more than 1,200 individual cases. The only answer I have received so far from the Government is that a decision on funding will be made “later in the year.” Will the Minister tell us exactly when that will be?
I have worked closely with too many survivors of domestic violence over the time that I have served as the MP for Rotherham. These brave women show so much courage just by sharing their stories. We owe it to them, at the very least, to give clear and committed action to prevent violence against women and girls, and this Bill goes a long way towards achieving that.
This is an extraordinary occasion. We are discussing a Bill, the long title of which—as put down on 29 June last year—was:
“To require the United Kingdom to ratify the…Istanbul Convention.”
We have just heard the promoter of the Bill explaining why she now wishes that long title effectively not to require the United Kingdom to ratify the Istanbul convention. I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on the charming way in which she has been able to explain a complete volte-face in her approach to this important subject.
The Minister has spelt out all the wonderfully effective and good measures that the Government have introduced to address the really serious issues of violence against women and domestic violence. I commend her and the Government for the work they have already done and the work they will do. However, she has not addressed the questions implicit in the amendments I have tabled as to whether, when the Government ratify the convention, they will do so with any reservations. We have not had an answer to that. I would be grateful if the Minister would intervene to assure me that when the ratification occurs, it will be without any reservations.
I have made the position very clear: we have already signed the convention, so all we are looking to do now is to ratify it.
I appreciate the opportunity for further clarification. We have signed the convention without any reservations.
The Minister asked whether I would be minded to withdraw my amendment. For the benefit of the House, I would like to make it clear, through my hon. Friend the Member for Christchurch (Mr Chope), that I will be very happy to withdraw my amendment and will not push any of my amendments to a vote.
I am glad that my hon. Friend has been satisfied by the Minister’s response.
One reason that I have been interested in the subject for a long time is that I was present at the Standing Committee of the Parliamentary Assembly of the Council of Europe when this convention was first discussed. I remember vividly the representations that were made to me and my hon. Friend, the then Member for North Dorset, explaining that the United Kingdom Government really wanted the Parliamentary Assembly of the Council of Europe to pass an amendment to the draft convention—as it then was—to enable a signatory party to the convention to have a reservation in respect of extraterritorial jurisdiction.
The Foreign Office representative who lobbied us in Paris on that occasion— unfortunately, only half an hour before the decisions were to be taken—expected us to persuade everybody to accept an amendment from the United Kingdom Government at very short notice. The Government, through their Foreign Office representative, were very concerned then about the extraterritorial application of the convention, which is why they wanted to allow a participant party to have a reservation. In the end, the convention went through without that power being granted. Everybody who is suspicious about the length of time it is taking for the Government to get their act together on the issue needs to bear in mind that background—that in 2011, on the basis of a convention that had been negotiated by the previous Labour Government, the Government were concerned about the issue of extraterritorial application. We have not heard, even at this very late stage, anything from the Government precisely about what measures need to be brought in to satisfy those requirements before the convention can be ratified. It seems to me that we are owed something from the Government on that because the hon. Member for Banff and Buchan and others have been pressing them to come up with a list of what is required.
Even the hon. Member for Rotherham (Sarah Champion), in her short contribution from the Opposition Front Bench, asked the Minister whether the forthcoming legislation on domestic violence, to which the Minister referred, would incorporate the necessary legislative requirements to enable the ratification of the Istanbul convention, but my hon. Friend—I do not think she is listening, which is a pity—was not even able to respond. That must surely cast doubt on how long it will be before the convention is actually ratified.
One of the Government amendments says that the Government do not want clause 2 implemented before clause 3. Therefore, no report may well have been made under clause 2 by the time we reach 1 November 2017 and the report on progress under clause 3. That seems to show an acceptance by the Government that they will not be in a position to ratify the convention for some considerable time. The strong feeling on both sides of the House is that people want the convention ratified, but the Government seem to be wriggling about when and how they will achieve that.
I have tabled a number of amendments and new clauses. I think I have a commitment from the Minister, in so far as one can tell, that when the convention is ratified, it will not be ratified with any reservations, and I am grateful to her for that. However, I still fear that the impression being given to the world outside is that we are passing today a Bill that will require the United Kingdom to ratify the Council of Europe convention, when, in fact, it does no such thing, and that needs to be made absolutely clear.
I am grateful to my hon. Friend for allowing me to intervene to address amendment 4—he is quite right that I did not address it in my few words. The replacement of “Her Majesty’s Government” with “the Secretary of State” is to ensure that the Bill reflects the usual drafting conventions. In no way does it alter the overall responsibilities of the Government.
I hear what my hon. Friend says, and I am grateful to her for that intervention. I am sure that others will be able to check out the issue to see whether it will need further discussion when the Bill gets to the other place. However, having said that, and in light of her intervention, I am not going to speak to the new clauses and amendments that I have tabled, because I get the feeling that the House would like to move on to debate other issues.
I beg to ask leave to withdraw the clause.
Clause, by leave, withdrawn.
On a point of order, Mr Speaker. I beg to move that the Question be now put.
There is not a Question before us to be put, because new clause 6 has been withdrawn, and therefore the correct procedure now is for me to move on to Government amendment 1.
Clause 1
Ratification of the Istanbul Convention on violence against women
Amendment proposed: 1, page 1, line 1, leave out clause 1.—(Sarah Newton.)
This amendment leaves out clause 1.
Question put, That the amendment be made.
I beg to move, That the Bill be now read the Third time.
The Bill now before us sets us on a clear path towards ratification of the Istanbul convention, and I want to thank all Members who have attended and participated in the debates today and at other stages of its progress. In particular, I want to thank the hon. Member for Rotherham (Sarah Champion) and the Under-Secretary of State for the Home Department, the hon. Member for Truro and Falmouth (Sarah Newton), both of whom have shown real leadership from their respective Front Benches, today and throughout the passage of the Bill, in working towards a shared objective, even when we have not always agreed on the detail. I am sure that our gender is entirely coincidental to this outcome. Should the Bill pass today and progress to the Lords, it will be presented there by Baroness Gale, to whom I am also extremely grateful. I hope that it will have a smoother passage there than it has had here, but I guess time will tell.
The real credit for the progress that this Bill represents must go to the women across civil society who insisted on change and compelled Parliament to act. The women of the IC Change campaign, Women’s Aid in Scotland, England, Northern Ireland and Wales, and a host of other individuals and organisations—including the men who have stood with us in solidarity—have advised, supported and worked so hard over such a long time to make this happen.
Will my hon. Friend give way?
Of course I will give way to the chair of the all-party parliamentary group for the white ribbon campaign UK.
I share in my hon. Friend’s praise of Becca, Rachel, Robyn and all at IC Change, and it has been a pleasure to work with them over the past year-and-a-half. It would be remiss of me if I did not take this opportunity to thank my hon. Friend herself on behalf of SNP Members for her professional and fantastic stewardship of the Bill.
I am flattered by my hon. Friend’s remarks, but the real thanks go to the people, some of whom are here today, who led the way and made us listen. I know that the campaign will not end here. In many ways this is a beginning for substantive change.
I also thank Emma Watson, who took time out of her busy film promotion schedule to speak out in support of the Bill to an audience that politicians find hard to reach. These issues lie close to her heart.
On reflection, it strikes me powerfully that Parliament has frequently been left playing catch-up on progress for women: from those who campaigned for women’s suffrage for more than a century before it was achieved to those trade unionists who fought for equal pay for women years before the Equal Pay Act 1970 came into force and the women who, in the 1970s, set up refuges for women fleeing domestic abuse at a time when there was absolutely no support from the state or the authorities for women experiencing violence or coercive control from an intimate partner—a time when rape within marriage was not even a crime. Every step of the way, it is citizens who have driven progressive change. Sisters have had to do it for themselves.
I offer my huge congratulations to my hon. Friend and all those involved. Does she agree with me and Emmeline Pankhurst, who famously said:
“We are here, not because we are law-breakers; we are here in our efforts to become law-makers”?
My hon. Friend is the absolute embodiment of those words.
It is important that we remember our history and understand the historical process of change within which we live. I have been asked so many times over the past few months: why the Istanbul convention? Why these difficult, painful, controversial issues? Why this convoluted, complex multilateral process? The long answer is that it has the potential to make concrete improvements—at local, national and international level—to the lives of people affected by sexual and domestic violence.
In light of the Istanbul convention, and in direct response to the debates we have had in this place, I am pleased to say that my local authority, Aberdeenshire Council, is already considering how local provision might be strengthened and improved. That could and should be replicated by local authorities across the UK.
We have already seen at UK level and in the devolved Administrations a raft of new legislation, driven by the Istanbul convention, on issues such as stalking, forced marriage, human trafficking and modern slavery, all of which has taken us closer to compliance. Internationally, we can make the world a safer place for our own citizens and for others, but we now need to finish the job.
The short answer to my question—why the Istanbul convention?—is that change needs to come and change will come. Ultimately, this is about real people and real lives. I have been moved beyond measure by the truly inspirational courage of my constituent Sarah Scott, a woman from the small coastal community where I grew up. She was subjected to an exceptionally brutal rape, and she waived her right to anonymity in an attempt to prevent what happened to her from happening to anyone else.
Sarah is one of the desperately small minority of rape victims who has seen her attacker brought to justice and convicted, but during the course of the trial her medical history was used by the defence in an attempt to discredit her as a witness to her own experience. She has spoken publicly about that profound violation of her privacy and the re-traumatisation that those experiences invoked, and I can only begin to imagine the inner strength and bravery it took for her to speak out.
We have travelled some distance in this struggle, but we still have such a long way to go. We need to recognise that ratification of the Istanbul convention is a milestone in the journey to equality and justice for women, and not an end point.
Will my hon. Friend give way?
I will not give way.
So, Sarah, this Bill is for you and for every person who knows at first hand the brutal, life-shattering reality of sexual violence and has had the courage to claim justice and fight for it. Thank you for helping us all be a bit braver and stronger in the fight for equality and human rights, and more determined than ever to end this abuse, once and for all.
Unfortunately, I was not able to contribute on Second Reading, as the debate was terminated before I had the opportunity to try to persuade the House of the merits of my case against the Bill, but I am very grateful to my hon. Friend the Member for Shipley (Philip Davies) for at least putting several of the points that I wanted to make on the record then.
I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on the polite and efficient way she has brought the Bill before the House and steered it through to this Third Reading debate. No private Member’s Bill is an easy thing to deal with and she has demonstrated great skill in being able to get this Bill to this stage. It is no secret that I oppose it. I am open about that, but I wish to start by putting on the record the fact that those of us who oppose it do so on the basis that the Istanbul convention will do nothing to achieve the aims that its supporters think it will. It will certainly do nothing to stop violence against men and boys, and I am just as concerned about that as I am about violence against women and girls, leaving aside for a moment the position of transgender individuals, which we have not considered at great length so far.
It is important to note that the views that my hon. Friend and I have espoused—we have yet to hear in depth from my hon. Friend the Member for Christchurch (Mr Chope)—are supported by a larger section of society than some in this House might think. After the Second Reading debate, even though I had not been able to contribute to it, I received emails from people from all over who were saying, “Good for standing up for our rights as men, because sometimes we feel that we are not getting a fair crack of the whip.”
This morning, we have seen something remarkable happen to this Bill, and I am grateful that we have had the opportunity to put certain matters to a vote. Anybody watching the proceedings may have wondered what was going on, but we have demonstrated this morning that those who support this Bill have actually gone through the Lobby to vote to weaken it. We have been given a bit of a clue; if ever a Bill has to have its title amended, the chances are that it has been seriously filleted. On this occasion, the fact that the whole of clause 1 has disappeared and the whole of clause 3(e) has disappeared demonstrates the extent to which this Bill has been chopped and changed, not in Committee, but on Report.
Incidentally, the Minister on Second Reading was my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), rather than my hon. Friend the Member for Truro and Falmouth (Sarah Newton), who is here today. He said that amendments would be tabled in Committee, but we now know that none was, even though they must have been ready, because they were tabled on 1 February, when the Bill had its Committee stage, and they were online the next day. That was the first indication that something was amiss.
The series of Government amendments that have been accepted have had the effect of making the Bill very different from when it was introduced. The requirement for the UK to ratify the Istanbul convention has gone. Now, as reflected in the Bill’s new long title, it only makes
“provision in connection with the ratification by the United Kingdom of the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention)”.
Even the words “and for connected purposes” have been removed.
The whole of clause 1 has been removed, and that was the crucial point of the Bill. We were told that the whole object of the exercise was to impose a duty on Her Majesty’s Government
“to take all reasonable steps”—
so the Government were not expected to do everything in their power—
“as soon as reasonably practicable”.
It was a very modest clause to enable this country to become compliant with the convention, but that is all gone now.
For those who support the Bill and the campaign behind it, it is worth putting on record exactly what it now looks like and will do. Essentially, it now requires no more than that the Secretary of State lays a report before each House of Parliament to set out
“the steps required to be taken to enable the United Kingdom to ratify the Istanbul Convention”.
We all know what those steps are anyway, so there is going to be nothing new in it. It has been said many times that the only thing the Government still need to do is sort out how we are going to deal with extraterritorial jurisdiction. I accept that that is not an easy thing to do, but it has been done in respect of other offences, which leads me to think it would not have been that difficult, given how many years it has been since the convention was signed, to have worked out by now why primary legislation is not ready. We have still not heard whether primary legislation is going to be included in the next Queen’s Speech, for example.
The timescale is crucial. As originally drafted, the Bill would have required the Government to set a specific date
“by which the Secretary of State would expect the United Kingdom to be able to ratify the Convention.”
That requirement is now gone, as we are talking only about a “timescale”, which could of course be anything: a day, a week, a month, a year, a decade—all are timescales.
The number of stories my staff shared about violence against women and the severity of the violence in them was staggering. The vast majority of them ended with the victim deciding not to report the incident to the police due to social stigma, fear of retribution, concern that the authorities would not believe them and shame. Does the hon. Gentleman agree that it is time that we changed that by ratifying the Istanbul convention as soon as possible?
To be quite honest, I entirely agree that anyone who has been the victim of domestic violence, or of violence outside the domestic setting, should be reporting that violence, and that applies to both men and women. Incidentally, the incidence of men reporting such violence because of fears that people might laugh at them is much lower than it is among women, particularly where domestic violence is concerned. How on earth anyone can think that just because the Government have ratified a convention, which most members of the public have never even heard of, will make one iota of difference to whether or not someone reports a crime is beyond me.
If the issue is whether I think that people should report domestic violence, then of course the answer is yes, but on whether I think that the figure will be changed as a result of the ratification of the convention, the answer is no, I do not. In countries where ratification has already taken place, the figures that have been provided by their ambassadors to my hon. Friend the Member for Shipley show that there is a very mixed picture—and that is putting it very modestly—of the effect that this convention has had in reducing the incidence of domestic violence. We all want to see violence against women, violence against men and domestic violence reduced—there is no issue about that—but this Bill is not about that.
Let me now return to the issue of the timescale, which is the main thrust of this Bill. The purpose is to try to tie down the Government to doing something and to stop this matter from drifting on. What do we have now? The words “the date by” have been replaced by “the timescale”. Previously, the report, which was to set out the date, had to be laid
“within four weeks of this Act receiving Royal Assent.”
That has been changed to
“as soon as reasonably practicable after this Act comes into force.”
There is a subtle change there. It is no longer after
“this Act receiving Royal Assent”.
Another Government amendment changes the date on which the Act comes into force from being the date on which the Act receives Royal Assent to a period of two months beginning on the day on which the Act is passed. So, we have a two-month delay, and then an unlimited amount of time before the report has to be laid. Even when the report is laid, all it has to do is set out a “timescale”—there is no specific date. Frankly, we might as well say it is the 12th of never, because that is essentially what this Bill is saying. No specific date is given and there are no provisions in the Bill to tie down the Government. If Members want proof of that assertion, they should simply ask this question: on what date would it be possible for anyone to turn around and look at this Act—if it passes through this place and the House of Lords—and say, “Ah, the Government have not complied with the Act.” I venture that it would be difficult to pick any day. The Bill is now so widely drafted that there would never be a date when it would not be possible for the Government to say, “We’re not quite there yet. We are dealing with things. It is not reasonably practicable at this stage to deliver the report.” Even if a report were delivered, we would still have to get over the hurdle of the timescale, which could be very vague indeed.
Much progress has been made under this Government, particularly when the Prime Minister was Home Secretary, with criminalising acts such as forced marriage, dealing with stalking, tackling female genital mutilation, and the domestic violence protection orders. I chair the all-party parliamentary group for women in Parliament. Does my hon. Friend agree that this global commitment is constructive in leading the way to continue the fight?
My hon. Friend highlights some of the valuable work that the Government have already been doing without ratifying the convention. Other countries may well want to look at the work of this country to see whether they could improve their procedures and adopt some of the things we have been doing. It is interesting that my hon. Friend highlights those points because, of course, all that has happened without ratifying the Istanbul convention.
Is there anything that the Government could not do to help victims of domestic violence or to deal with violence against women until they have waited to ratify the Istanbul convention?
The short answer is no; I cannot think of anything. I would be very interested if anyone else present could come up with any measure that we are prevented from introducing because we have not yet ratified the convention. In fact, as the previous intervention demonstrated, the Government have quite happily brought forward lots of proposals to tackle these matters already, and quite rightly. I have my own ideas about what we could do to try to tackle domestic violence, and I am interested in whether Opposition Members would support me. For example, we could start by saying that those who are convicted of domestic violence and sent to prison are required to serve the full length of their sentence, rather than being let out halfway through. If we are talking about sending signals, let us send the good signal that if someone commits an act of domestic violence and is sent to prison, they would have to serve the full length of their sentence. There are things we could do that I would be very much willing to support.
It is not even the final step when the report is finally tabled by the Secretary of State—
“as soon as reasonably practicable”—
and sets out the timetable. The final step comes afterwards. Even when the Secretary of State has finally determined that the United Kingdom is compliant with the Istanbul convention, a date by which the convention will be ratified does not have to be set. Following the amendments made, the Bill simply states that
“the Secretary of State would expect the Convention to be ratified”,
so another small delay is built in there. But then what happens? What is the purpose of the Bill then?
Previously, the purpose of the Bill would have been to report on progress every year until ratification and then, after ratification, to report on how the Government were doing. All the reporting after ratification has now been removed, and reports will be prepared only until ratification. There is no mechanism under this Bill—I stress under this Bill—to measure the various things set out in it, which the promoter must have thought were important at the time it was drafted. Those include measures to
“protect women against violence, and prevent, prosecute and eliminate violence against women and domestic violence”—
there is a long list.
I have come along today to support the Bill, but it has been watered down so much that I am not entirely sure which way to vote on Third Reading. I am interested to hear what the Minister has to say before I make my mind up, but what would by hon. Friend’s advice be?
I am grateful to my hon. Friend for that intervention, because he raises an interesting point. Many supporters of the Bill will, like him, look at what has happened this morning and at the changes that have been made and think, “What is the purpose of this Bill?” Even people who, like him, were sympathetic towards it could now look at it and think, “Actually, there’s no real purpose to the Bill anymore.” I hope my hon. Friend has been persuaded that any measures he may have in mind to reduce domestic violence against women and men could be taken regardless of whether the Bill goes through; it is merely virtue signalling—we are merely sending a message. The Bill does nothing of itself to reduce violence against women and girls or men and boys.
Understandably, the Government say they cannot ratify the treaty until they know they are compliant in every respect, although, of course, lots of other countries have managed to ratify it, and as we heard earlier, a lot of them have done so by making reservations.
I have worked through the text of the Bill, but I want now to touch on another reason why the Bill is not necessary. A procedure already exists in law to govern the way this House ratifies international treaties. The Constitutional Reform and Governance Act 2010 was passed by the coalition Government in 2010 and came into force on 11 November 2010. It gave this House and Parliament a new statutory role in the ratification of treaties. It did not go as far as giving Parliament the power to amend a treaty, and nor does this Bill give it the power to change anything about the Istanbul convention. However, part 2 of the Act did set out a very clear procedure, and I submit that that is one we now need to follow.
There is a general statutory requirement to publish a treaty that is subject to ratification or its equivalent. The Government must lay the treaty before Parliament for 21 sitting days. That provision put into statute what was previously known as the Ponsonby rule, which was named after Arthur Ponsonby, the Parliamentary Under-Secretary of State for Foreign Affairs in 1924, during the debate on the treaty of Lausanne, a peace treaty with Turkey. The 2010 Act allows both Houses the opportunity to pass a resolution that a treaty should not be ratified during the 21 sitting days. If neither House does so, the Government are then able to proceed and ratify the treaty. If either this House or the other place votes against ratification, the Government cannot immediately ratify the treaty. Instead, the Government must lay a statement to explain why they wish to proceed with the ratification process.
(7 years, 5 months ago)
Lords Chamber(7 years, 5 months ago)
Lords ChamberMy Lords, it is a great pleasure to bring this important Private Member’s Bill to your Lordships’ House. It has been guided with conviction and passion through the other place by its sponsor, Dr Eilidh Whiteford MP. Its purpose is to unblock the log-jam which has thus far delayed ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, which is better known as the Istanbul convention. It also puts on a statutory footing important mechanisms to hold the Government to account in their progress towards ratification.
The UK signed the Istanbul convention in June 2012, having played an important role in its negotiation and drafting. However, despite the important progress made by the present and previous Governments—including a range of new legislation that prepares the UK for compliance with the treaty, and repeated verbal commitments to the principle of ratification—the process has stalled and, nearly five years on, the treaty remains unratified.
The Istanbul convention is unique, ground-breaking international legislation which enshrines the basic human right of women and girls to live free from violence in both the public and private spheres. Preventing violence against women and domestic violence can save lives and reduce human suffering. The convention focuses on three important aims: preventing violence against women, protecting victims and survivors of abuse, and prosecuting perpetrators. It brings greater coherence, consistency and strategic direction to the important work already undertaken by organisations, communities and governments that aims to eliminate all forms of violence and discrimination against women and promote substantive equality between women and men. It has been hailed as the best piece of international policy and practice for eliminating violence against women that exists anywhere. It is the first legislation that sets minimum standards for government responses to victims and survivors of gender-based violence. The Istanbul convention is broad in scope, and the aims are very specific. Covering criminal, civil and migration law, it sets minimum standards for the protection of survivors and for access to services.
Governments who ratify the convention are required to work to prevent violence and bring about an attitudinal change. It explicitly covers many manifestations of gender- based violence, including physical and psychological abuse, stalking, sexual violence including rape, forced marriages, female genital mutilation and so-called honour crimes. The Istanbul convention is unique in that it understands that states cannot be responsible for preventing violence against women and domestic violence on their own, and calls on countries to work together to tackle cross-border issues. It calls on all members of society to help reach the ultimate goal of a world free from all forms of violence against women and domestic violence. It recognises that women are disproportionately affected by sexual and domestic violence because of underlying gender inequalities, which are also compounded by abuse. The convention also places an emphasis on challenging the misogynistic attitudes that perpetuate gender inequality as a means of preventing violence and abuse.
Preventive measures are not the only important issue. Protecting victims and survivors and providing them with appropriate support are vital. States that ratify the Istanbul convention are required to ensure that accessible shelters exist in sufficient numbers and in adequate geographical distribution. Ratifying the Istanbul convention would put a duty on the Government to ensure that women’s refuges exist and provide important support at a time when women need it most. It also puts on a statutory footing the provision of rape crisis centres, 24-hour advice lines and access to useful information. The Council of Europe says:
“It should be borne in mind that it is not enough to set up protection structures and support services for victims. It is equally important to make sure victims are informed of their rights and know where and how to get help”.
It is an important consideration that anyone can be a victim of sexual violence or domestic abuse, regardless of economic background, age, ethnicity, religion or gender. However, we know that certain characteristics increase the risks: for example, poorer women and disabled women are at a greater risk of domestic abuse, while women from some ethnic minorities or cultural backgrounds are at greater risk of certain forms of gender-based violence.
One question that is asked frequently is, “What about the men?”. I would like to deal with this, because it was a point of contention in the other place. The convention itself explicitly addresses this issue in Article 4, where it makes it clear that its provisions apply to all persons, regardless of gender, and a whole range of other protected characteristics. However, the convention primarily focuses on women, and it is important that it does, because sexual violence and domestic abuse affect women to a hugely disproportionate extent, both in terms of prevalence and severity. In England and Wales in 2015, over 92% of the prosecutions brought for domestic abuse involved a male perpetrator and a female victim. Two women a week die at the hands of a partner or former partner. This does not mean that crimes committed by women against men, or by men against men, are less serious—they are serious—but to ignore the gendered dynamic of such types of crime would be wrong. One woman in four in the UK will experience sexual or domestic violence in her lifetime. The sheer scale of the problem demands that we take it more seriously.
The Joint Committee on Human Rights, in its sixth report of the 2014-15 Session, entitled Violence Against Women and Girls, recommended that the UK Government ratify the Istanbul convention. It raised concerns at the time that the inter-ministerial group had insufficient powers, with witnesses to the committee criticising the group for not taking a holistic approach towards ending violence against women and girls because of the lack of representation from immigration officials. Asylum Aid recommended at the time that the Immigration Minister and UK Visas and Immigration should have representation on the group to ensure that the issues arising are dealt with effectively. I would appreciate it if the Minister said something on this today—or perhaps she could write to me later—as I would like to see these issues addressed.
On 24 November last year, I asked the Minister in your Lordships’ House why the Government had not yet ratified the Istanbul convention and when they intended to do so. The Minister said that the Government were committed to ratifying, but that in order to do so they would need to legislate to take extra-terrestrial jurisdiction over a wide range of offences.
Did I get that wrong? I thank noble Lords for correcting me, because that would have taken the jurisdiction a lot wider than I intended. As a result of that, I shall refer to extraterritorial jurisdiction as “ETJ” from now on; I think that will be a lot easier.
Perpetrators who are UK nationals or residents can evade prosecution by committing crimes as abhorrent as rape while abroad, and that should stop. There is precedent on ETJ: the Government already exercise such powers for similar offences committed against children overseas. They exercise ETJ in a range of other areas—for example, drugs offences, financial crime, terrorism and other forms of organised crime.
I was pleased to see that the Prime Minister has committed herself to overseeing a new Bill on domestic violence. I hope that such legislation will include the changes necessary to bring the UK into line with Article 44 of the Istanbul convention—that is, those relating to ETJ. Could the Minister outline the intention behind this new legislation and whether it will allow the Government to take ETJ over the necessary offences, ensuring that the UK is compliant with the convention and thereby paving the way for ratification?
There is a real need for action in the efforts to end violence against women. Two women are killed by their partners or former partners every week in England and Wales alone. In the past year, 1.2 million women were victims of domestic abuse in England and Wales. In the same timeframe, across the UK, 87,500 rapes and more than 400,000 sexual assaults were reported to police. It is well known that most cases of sexual assault and rape go unreported, so we must not underestimate the scale of the impact on women and children in our communities. There is clearly a need for action.
Ms Rashida Manjoo, the UN special rapporteur on violence against women, has said:
“Violence against women and girls is the most pervasive human rights violation we face globally, whether in times of peace, conflict or post-conflict transition”.
It is so normalised that we hardly even notice how much we put up with. I was moved by some of the contributions from Members in the other place who spoke courageously of their own experiences. It affects us all. But violence against women is not natural and it is not inevitable.
I turn to the specifics of the Bill. Made up of three clauses, it requires the Secretary of State to report to both Houses on the steps being taken to enable the UK to ratify the convention. It requires the Government to come forward with a timetable by which they will ratify the convention. I was pleased with my meeting with the Minister this week, for which I thank her, to discuss the Bill in the run-up to this debate, and I welcome the Government’s support for the Bill.
Clause 1 requires that the Secretary of State lay a report in both Houses of Parliament setting out the steps necessary to ratify. This includes passing legislation through not only both Houses but the devolved Administrations of Scotland and Northern Ireland. I know the Government are committed to working with the existing devolved Administrations, and I welcome that commitment.
Clause 2 requires the Government to make an annual report to both Houses on the progress toward ratification no later than by 1 November in each year leading up to ratification. That report comes with a Government commitment to make an Oral Statement to Parliament, so that MPs and noble Lords can hold the Government to account on progress towards ratification. The convention itself commits the Government to thorough reporting requirements through annual reports to the Council of Europe’s expert group, GREVIO. It is important that parliamentarians have opportunities to scrutinise this report.
In Committee in the Commons, the Government committed to making an Oral Statement on their compliance with the convention post-ratification. I would be grateful if the Minister made a similar commitment so that these issues can be debated in your Lordships’ House, rather than a report merely being placed in our Library.
The Bill is short and simple but it has proved to be important, unlocking the logjam in Government departments. I hope it will lead to ratification at the earliest possible opportunity. While we in this place have the privilege to shape and develop legislation, we need to take cognisance of our responsibilities too. I have been heartened by the powerful civil society movement of women and men across the UK who have campaigned for the UK to ratify the convention.
The breadth of support from organisations and activists shows the strength of feeling on this issue. The IC Change campaign is one of the most inspiring campaigns. Run by volunteers, it helped to mobilise thousands of people the length and breadth of the country to engage with MPs in order to get the Bill through the other place. The women who led that campaign should be very proud. It is often the norm for civil society to be out in front on issues such as this. Women activists have campaigned, and Parliament has to try to keep up.
In the other place, the Bill was expertly stewarded by Dr Eilidh Whiteford, in the face of some adversity, but with overwhelming cross-party support, including from the government and opposition Front Benches. This Bill is important. It gives us the opportunity of oversight towards ratification, and a timetable—hopefully short—within which that can be achieved. I beg to move.
My Lords, I congratulate the noble Baroness, Lady Gale, on bringing forward the Bill and introducing it so admirably and comprehensively. Yesterday afternoon when I inquired in the Whips’ Office how many were down to speak in this debate, I was somewhat surprised and really rather shocked to find that there were in fact only five—now there are six—and that they included not a single male Temporal Peer. So I put my name down, because heaven knows this is a worthy and indeed compelling cause that is deserving of support no less from men than from women.
We all know the appalling prevalence still today of violence towards women, both domestic and in wider society. I sat as a judge at various levels for 28 years and therefore came across perhaps more than my fair share of this violence, particularly in my earlier years as a High Court judge sitting at the Old Bailey and then around the country on circuit—murder, rapes and all those dreadful sorts of offences.
I have few boasts to my name by way of legal achievement, few jewels in my judicial crown, but I can and do boast of being the first judge in this jurisdiction, in I think 1990, to rule that a husband is not permitted in law to have intercourse with his wife quite simply whensoever he chooses—in short, that there is such an offence as marital rape. That decision was said at the time to fly in the face of centuries of established legal principle but in fact, happily, it was upheld by both the Court of Appeal and indeed the Appeal Committee in your Lordships’ House.
Reading the excellent Dr Whiteford’s speech towards the end of the debate in the other place on Third Reading, I was struck by this passage, which, if your Lordships will allow me, I will quote:
“On reflection, it strikes me powerfully that Parliament has frequently been left playing catch-up on progress for women: from those who campaign for women’s suffrage for more than a century before it was achieved to those trade unionists fought for equal pay for women years before the Equal Pay Act 1970 came into force and the women who, in the 1970s, set up refuges for women fleeing domestic abuse at a time when there was absolutely no support from the state or the authorities for women experiencing violence or coercive control from an intimate partner—a time when rape within marriage was not even a crime. Every step of the way, it is citizens who have driven progressive change. Sisters have had to do it for themselves”. —[Official Report, Commons, 24/2/17; col. 1334.]
I thought it was time for a brother to enter the fray.
Of course I recognise, as Mr Nuttall and Mr Davies were at pains to emphasise in the debate in the other place, that there is all too much violence in society and in certain domestic contexts against men and boys too. The Istanbul convention and the Bill on their face appear to do nothing for them. But there can be no doubt, as the noble Baroness made plain in opening the debate, that it is women who suffer disproportionately. They suffer most from the hands of the opposite sex. There is absolutely no basis to suggest that advancing their cause, as the Bill proposes, will set back the cause of male victims. Quite the reverse: anything that raises the stakes, that raises the public’s awareness of and revulsion at violence generally in society, will redound to the advantage of all victims.
Of course I recognise that the Bill—and the Istanbul convention—does little of itself to alter the substantive law under which we seek to deter and control violence against women. To say it does nothing is something of an exaggeration: the convention requires that we broaden our extraterritorial jurisdiction so as to promote international co-operation in combating violence against women. That, indeed, is why the Bill was amended in the Commons: to recognise the need for some small further delay beyond even the years since we initially signed the convention. The delay is to identify precisely and then to satisfy that requirement for extraterritorial jurisdiction.
As Mr Nuttall himself said in the other place:
“The purpose is to try to tie down the Government to doing something and to stop this matter from drifting on”. —[Official Report, Commons, 24/2/17; col. 1337.]
As has already been noted, the other place voted to pass the Bill by 138 votes to 1. Your Lordships will readily agree that it would be nothing short of disgraceful and deeply damaging to the reputation of this House if we do not now ensure that it secures safe and speedy passage at all stages through our House. I therefore wish it God’s speed to secure its early passage if not in this Session, certainly in the next.
We on these Benches also give our wholehearted support to the Bill. I have been following this issue for some while—indeed, I have participated in previous debate and tabled some Questions. I congratulate Dr Eilidh Whiteford in the other place and the noble Baroness, Lady Gale, on the hard work that they and others have done in getting the Bill so far, and the many agencies involved in getting it to us today, including IC Change.
In the face of a number of cutbacks and closures of women’s services and refuges, we need a step change. Surely we should be giving a lead in this vital area. Violence against women—indeed, any violence—is a tragic evil: tragic because its effects can be so devastating, long lasting and widespread; and evil, not simply because it is violence, but because it is a violence which seeks to deny a fundamental human dignity, which I believe comes from being created in the image of God, given to all human beings. Whatever form that violence comes in—whether that be rape, forced marriage, psychological or political abuse—gender-based violence against women invariably attempts to reduce them to passive objects. It seeks to deny them the status of personhood.
As a safe place of counsel within every local community, the Church often finds itself on the front line, listening to the stories of women who have faced violence and do not know where else to turn. It is one of the greatest and hardest privileges of priesthood to listen to a woman telling her story of abuse. Indeed, sometimes it is a man, although it has rightly been pointed out that this is overwhelmingly an issue for women. We must not underplay that. Of course we want to make sure that men are given protection, but this must not distract us from this important Bill. We hear someone telling their story of abuse, sometimes tentatively for the very first time, sometimes only just beginning to realise that actually, for all sorts of social and familial reasons, they have colluded with it and are only now beginning to realise that it is simply wrong, and we then need to help them find the right sort of support, which is profoundly difficult, particularly in rural communities. I pay tribute to the many organisations working with churches and helping us up and down the country to respond to violence against women, those churches offering premises or funding for refuges and, in particular, the Christian charity Restored, whose work in training dioceses and clergy is invaluable.
The noble Baroness, Lady Gale, has already rehearsed some of the statistics, and I shall not repeat them, although I note how horrific they are when one pauses to look at what is still going on. I am also aware that there are other areas here which have not been picked up. In the past, I have tabled Questions about, for example, how many young women under the age of marriage in this country are being taken abroad, married and coming back to this country. It turned out that we have no idea how many such young women are coming back having been married under laws overseas—sometimes possibly polygamously; we simply do not know. A number of areas here are causing great concern.
In recent years, the Government have made substantial progress on legislating against gender-based violence, and I pay particular tribute to our Prime Minister, who I think all sides of the House will agree has worked tirelessly in both her current capacity and as Home Secretary to address many key legislative areas—legislation to combat forced marriage, female genital mutilation, modern slavery, coercive and controlling behaviour and stalking. The UK has one of the strongest legislative frameworks in the world. The Prime Minister’s work as Home Secretary to improve police reporting of and response to domestic abuse is also to be commended—indeed, celebrated.
However, in that context, it is regrettable that the Bill is required, given Her Majesty’s Government’s repeatedly stated commitment to ratifying the convention. In answer to a series of Written Questions back in 2014, after the convention had come into force, the Government informed me:
“Justice Ministers are currently considering the extent to which we need to amend the criminal law of England and Wales for compliance with Article 44 prior to ratification of the Convention”.—[Official Report, 27/11/14; col WA 3233.]
Yet, three years later, it seems as though Justice Ministers are still “considering”. That delay in ratification is, ultimately, a failure in political will. If we were being charitable to Her Majesty’s Government, we could say that there have been one or two political distractions over the past year. However, I hope that the new reporting requirements contained in the Bill will encourage Her Majesty’s Government to throw their weight unreservedly behind the legislative changes required for ratification—particularly the issue of extraterritorial jurisdiction.
Not only will ratification of the Istanbul convention bolster the domestic framework for combating violence against women, acting as a tool by which civil society can hold the Government to account on the provision of resources to combat gender-based violence, but our ratification of the convention also has an international dimension. As the Joint Committee on Human Rights put it,
“the delay in ratifying the Istanbul Convention could harm the UK’s international reputation as a world leader in combating violence against women and girls”.
Ratification of the convention would be the clearest signal of our commitment to ending the injustice of gender-based violence. It would commit us to sharing best practice internationally, and it would strengthen the Istanbul convention itself as a marker by which other countries might be held to account.
I sincerely hope that Her Majesty’s Government give this Bill a swift passage through your Lordships’ House, and that they follow the passage of the Bill with an equally swift timetable for ratification of the Istanbul convention.
My Lords, I welcome today’s Second Reading and congratulate Dr Whiteford and her colleagues in the other place, and the noble Baroness, Lady Gale, for their persistence in getting us to this point. This pernicious abuse of women’s rights and human rights continues to plague our society. It is almost regarded as normalised behaviour in many households. Needless to say, it transcends all communities; shockingly, many women seem not to know still that it is against the law.
An internationally recognised provision would lend significant armoury to the many women human rights defenders, as well as instructing in no uncertain terms still largely male-led institutions that eradication of violence against women is as important a priority as providing education, health and housing. They would not be able to hide behind austerity measures and make women’s refuges and other services their first collateral.
We should take pride in the UK in having secured some of the best policies and practices on domestic violence, including the introduction of new domestic abuse offences, protection orders and criminalising forced marriage—with which I do not agree, but it appears to be doing its job. Then there are the more vigorous laws on female genital mutilation. But we need to go further in providing absolute protection to those facing violence and seek to eliminate violence against women.
We have tolerated consecutive generations of violence plaguing women’s lives, with two women facing death each week. There are 1.2 million women victims, and more than 87,000 rapes are reported on top of 400,000 sexual assaults. God alone knows how many women are still not able to report these incidents. In addition, 11,900 children were raped last year. Twenty-nine per cent of all those statistics are from the BME communities. So despite all the progress of women’s emancipation, our daughters and granddaughters are still facing an insurmountable level of barbaric violence in our society, and we have to do everything we can to ensure that it does not continue.
The UK’s role in shaping the Istanbul convention was significant, so I do not understand how five years have since passed and we have not chosen to ratify it. I am glad to have arrived at this point, whereby government is prepared to work towards compliance. Ratification would indicate a powerful step towards empowerment of women and is certain to afford greater protection of women and girls suffering violence, as well as pushing for a more comprehensive response to addressing violence and giving victims and survivors rightful access to all the necessary specialist services. Ratifying the convention adds another layer of protection, enables local and international agencies to respond more comprehensively and offers parliamentarians a further instrument of accountability. Ratification would assist in harmonisation of laws and assist government and state agencies to respond within a comprehensive framework and set of policies which not only provide enhanced protection but also seek to empower women. Why would we not do it without any hesitation?
On the extraterritorial requirement, I was involved in the dowry inquiry led by Mr Virendra Sharma in the other place last year. A huge number of British citizens complained either that their marriages were not legally recognised in this country and that when they faced violence they had no recourse to law, or that the laws under which they were married in one country were not recognised in this country. That level of harmonisation would, I hope, be an integral part of this.
We have laws and are continuously improving on their implementation. The Istanbul convention can be another layer of safety. We are a signatory, and now need to show that we are serious about eradication of violence by ratifying it. I believe that, by ratification, we would demonstrate our total commitment to all men and women that violence in all its forms is not tolerable in our society today. Ratification embodies a cohesive and integrated approach, not only protecting women with laws but mandating institutions to provide the necessary services, so that women and girls can live free of fear of violence.
Finally, I am confident our ambition is safe in the hands of our current Prime Minister, and the Minister here, who has done much to advance the previous progresses made on this issue. But can the Minister say what the implication of the Brexit negotiation will be on the reporting requirement or signing up to the ratification?
My Lords, I, too, thank Dr Whiteford, and I am sure that the noble Baroness did not mean to suggest that Scotland and Northern Ireland are not integral parts of the United Kingdom.
The noble and learned Lord, Lord Brown, has rightly reminded us that this is a people’s issue, not just a women’s issue; his crown is highly polished, and very bejewelled. I declare an interest as I was a member of the board and chair of the domestic violence charity Refuge. That was many years ago, but I still declare the interest because that experience was very vivid. Very recently, within the last few days, I have agreed to become a member of an advisory group for the organisation Voice 4 Victims.
It struck me that this debate might almost have been wrapped up with yesterday’s debate for International Women’s Day, on the UK’s role in promoting gender equality. Because of the importance of the exercise of the UK’s role, it would be very significant if the UK ratified the convention—or, I should say, it will be significant when it does.
Reports on violence against women often have a section headed something like, “What is violence against women and girls?”. Sadly, there are many women and girls who could testify. This week, a survey of laws in 73 countries found that there are bad laws underpinning what was described as a global “epidemic of sexual violence”. The aims of the convention—prevention, protection, prosecution and integrating policies—are so sensible as hardly to need any description. However, there have been only 10 ratifications so far.
I joined the board of Refuge on the day I was asked to come to your Lordships’ House 25 years ago. Attitudes in the UK have changed, but not as much as one might expect in a generation. They have often changed among senior people who have to deal with the issue—the police are one example—but less so in lower ranks. Some of us were privileged to hear DCC Louisa Rolfe from West Midlands Police talk about coercive control at a recent all-party group meeting. Her understanding and description were very impressive indeed. As I said, there have not been the changes one might expect in a generation. The importance of the issue is enormous, yet there is a lack of belief and understanding.
I compliment the noble Baroness on raising the issue of people’s attitudes. I declare an interest: as a local councillor in Preston in the early 1970s, I was part of a group trying to establish refuge provision. I was invited to speak to senior members of Chorley Council. The then leader of that council finished the meeting by saying that he was absolutely appalled that men in Preston behaved like that—of course, they did not in Chorley. Another councillor came to speak to me and said that her son-in-law was a barrister and her daughter had complained of being a victim. The daughter’s father would not believe that a barrister could behave like that. Today’s debate demonstrates the wide range of backgrounds and areas that people come from.
My Lords, I remind the House that if there are to be interruptions they should be kept very brief.
My Lords, I am grateful for that intervention. I was about to say that one often hears, “It does not happen here”. The lack of understanding that what is happening is a crime is, sadly, shared among those who experience that crime.
I am a member of the Joint Committee on Human Rights, which in 2015 undertook an inquiry to examine progress towards ratification. The noble Baroness referred to that. Its report told your Lordships that,
“the Convention would have a strong indirect effect on the UK legal system”,
firstly in that it,
“could be cited by the UK courts as persuasive authority”,
and secondly through the role of the European Court of Human Rights, given that the Government are bound by its judgment and, therefore,
“the terms of the Convention could have a strong indirect effect on the UK legal system”.
The report also commented on some of the evidence that the committee had obtained. Witnesses had told the committee that ratification would,
“help the UK’s position internationally in tackling violence against women and girls and would encourage other countries to follow suit”.
The Bar Human Rights Committee of England and Wales said that ratification would emphasise the state’s positive duty and it would,
“provide a further basis in law for those who wish to persuade the state to provide adequate and meaningful resources to construct an effective mechanism to protect women from gender violence and harm”.
That raises the question of whether there is a resource issue behind this which may not have been acknowledged in the same way as the concerns about the devolved institutions. I hope that the Minister will assure us that there is no resource component precluding ratification. The evidence from the Minister to the Committee referred to ratification being a matter for the devolved Administrations. Let us not seek to avoid any responsibility ourselves in that area. The Government’s response to the JCHR’s report emphasised their commitment to the convention but referred again to the devolved Administrations.
We have heard about the international context but, as we have also heard, this is not just a third-world issue. Real commitment would put all the mechanisms in place. It would be a considerable achievement of Her Majesty’s Government both to be able to ratify the convention and actually to ratify it. It would be a solid expression of our commitment to preventing and combating violence against women and domestic violence. It would put the country’s legislation where its mouth is. According to the JCHR, the UK is in a good position to ratify. The then Home Secretary showed her personal commitment and only a single legislative change is required.
Last year, the JCHR visited Strasbourg. I recall a member of the Council of Europe strongly emphasising the importance of the UK’s example. The context was different—we were talking about compliance with the judgment of the court on a different issue—but the message was the same: the example set by a country which is respected and whose respect needs to be maintained. We support the Bill from these Benches.
My Lords, it is a pleasure and a privilege to make a brief response from the Opposition Front Bench. I congratulate my noble friend Lady Gale on bringing forward the Bill and on her excellent opening speech, which made a case so compelling that I challenge the Minister to resist it in any way at all. I also congratulate my noble friend on a political lifetime of campaigning for women and girls. She is an inspiration to so many of us on these Benches.
It has also been a delight to hear speeches from almost all around the House, particularly from the noble and learned Lord, Lord Brown, who has made such an important contribution to the legal position of women with his ground-breaking ruling. I commend him for turning out on a Friday, at the end of a long week, to speak up not just for his Benches but for men who support this. It has been a pleasure to hear speeches from the Liberal Democrat and Bishops’ Benches. I look forward to the Conservative Benches being just as encouraging when the Minister speaks.
Not only do I support the Bill but, I am pleased to say, it has the full support of the Official Opposition. The Labour Party has confirmed that in government we would ratify the Istanbul convention. The elimination of violence against women and girls should be a priority in any society. We are completely committed to ensuring that women and girls can live safe and secure lives wherever they live and whatever they choose to do. As my honourable friend Sarah Champion said in another place:
“Ending violence against women and girls requires a radical, seismic, societal shift in power and attitudes”.—[Official Report, Commons, 16/1/16; col. 1113.]
This Bill may be a small contribution but it is a very important one and shows the role our Parliament can play in tackling that challenge.
We heard a catalogue of appalling violence from the right reverend Prelate the Bishop of St Albans, the noble Baroness, Lady Uddin, and the noble and learned Lord, Lord Brown of Eaton-under-Heywood. I do not need to rehearse that but, as my noble friend Lady Gale said, we need to understand that this kind of violence perpetrated against women and girls is gendered violence. It is not an accident that such a disproportionate amount of it is directed against women and girls. The context in which that happens is global inequality—an inequality of power and access to the levers of power. We need to understand that there is a connection with that even in our own society. We have a female Prime Minister but there are only seven other women in the Cabinet and only 29% of MPs are women. We saw recently the celebrations following the by-election just before Christmas. The result of that by-election meant that, throughout our history, as many women had been elected to the other place as there were men sitting there on that day. In this House, only 26% of us are women.
Therefore, we are making real progress. However, the reality is that the context of this issue here and elsewhere around the world means that we have to take particular steps to address the challenges faced by women and girls. That is the context for this Bill. It is that which makes the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence—the Istanbul convention—so important. As my noble friend Lady Gale said, it is a unique, ground-breaking piece of legislation which offers an international framework for tackling violence against women and girls.
We heard in the other place that the Government are committed to ratification of the Istanbul convention, which is very welcome. Therefore, I hope that they will give the Bill a fair wind and provide a timetable for ratification. I hope they will also tell the House what legislative changes will be needed to ratify it. I look forward to hearing about the ETJ raised by my noble friend Lady Gale. As the Bill will cut across devolved and reserved powers, can the Minister tell the House what discussions the Government have had with the devolved Administrations about implementing this?
This short Bill provides us with the steps that we need to take a key move forward in the battle to eliminate violence against women and girls. I hope very much that the House and the Government give it wholehearted support.
My Lords, first, I wish to take a moment to thank the noble Baroness, Lady Gale, for taking this Bill through the House and for the very constructive conversation that we had this week about it. I single out for special praise the noble and learned Lord, Lord Brown, and the right reverend Prelate the Bishop of St Albans. It is always nice to hear men contribute to a debate that is mainly about women. I say at this juncture that the Government have given their full backing to the Bill and we wholly support its aim of ensuring that we deliver on our commitment to ratify the Istanbul convention.
We all recognise that violence is still far too prevalent in our society today, and that women still face a much higher risk of gender-based violence than men. Physical, sexual and domestic abuse affect women disproportionately: that is the stark reality, I am afraid. We also know that many of these crimes remain unreported—we talked about that at Question Time yesterday or the day before—leaving victims to suffer in silence and perpetrators escaping justice.
Our commitment to ratifying the Istanbul convention shows not only how seriously this Government are taking their responsibility to ensure that all victims are supported and that perpetrators are brought to justice but also our ongoing commitment to strengthening international co-operation in this field, which is vital.
This Government have put prevention at the heart of our approach. We have significantly strengthened the law since we first published our first call to end violence against women and girls—VAWG—strategy in 2010, as the right reverend Prelate the Bishop of St Albans pointed out. We have criminalised forced marriage and breach of a forced marriage protection order in England and Wales. The right reverend Prelate made an interesting point about forced marriage and girls being taken out of the UK for this reason. The joint Home Office and Foreign and Commonwealth Office Forced Marriage Unit provides support and advice to victims, those at risk and professionals. The FMU’s most recent statistics were published yesterday and show that in 2016 advice or support was provided in 1,428 cases; 371 of those, or 26%, involved under-18s. The unit handled cases relating to 60—
I am sorry to break in but I think I made a slightly different point. However, I am very grateful to have those statistics and will ask for them each year. I think the point is that we have no proactive way of working out why, for example, people are going through immigration and seeing whether there is any way that we can find out more information about that. It is simply an unknown problem. That was what I was trying to push the Government on. Can the Minister comment briefly on that?
I am very happy to comment on that. The right reverend Prelate makes a very good point about how we should be proactive about these things as opposed to being reactive. One of the things on which we have taken significant steps over the last few months and years concerns our intelligence at the border and training border staff to look for possible cases of people trafficking or forced marriage. There is a whole host of things that immigration staff are looking out for to prevent some of these things happening. I am glad that the right reverend Prelate brought up that issue. In addition to that, we have fast-tracked female genital mutilation protection orders and have introduced a new mandatory reporting duty for FGM.
We have strengthened legislation on stalking, creating two new offences, and have commissioned training to improve the understanding of stalking among those who come into contact with victims. We will also introduce a new stalking protection order with criminal sanctions to help protect victims at the earliest possible opportunity.
The Rape Action Plan launched in 2014 and led by the Crown Prosecution Service and the National Policing Lead for Rape is aiding the Government’s drive to ensure that every report of rape is treated seriously and every victim is given the help that they deserve. We have protected funding for rape support services at current levels in 2016-17, providing independent, specialist support to female victims of both recent and historic sexual violence. We have also strengthened the law on domestic violence with a new offence of domestic abuse that covers controlling and coercive behaviour. Again, this was another thing we touched on at Question Time on Wednesday. The new offence protects victims who would otherwise be subjected to sustained patterns of abuse that can lead to total control of their lives by the perpetrator. Some victims do not even know that this is happening to them, as we also discussed.
The new domestic violence protection orders and the domestic violence disclosure scheme have also been rolled out across England and Wales. This is all alongside the Government’s work to continue reforming front-line agencies’ response to VAWG. It is vital that victims have the confidence to report these crimes, knowing that they will get the support they need and that everything will be done to bring offenders to justice.
The UK continues to be a global leader in its efforts to tackle VAWG and our reforms to domestic law support a stronger international framework. The Istanbul convention highlights the need for more effective international and regional co-operation. While there is no one-size-fits-all model in our approach, the measures in the convention will ensure that more robust action is taken through legally binding and harmonised standards.
In most respects, the measures already in place in the UK to protect women and girls from violence comply with, or go further than, the convention requires. However, before we ratify the convention, we must ensure that we are fully compliant with it. There is one outstanding issue regarding introducing extraterritorial jurisdiction—or even extra-terrestrial jurisdiction—which needs to be addressed before we are considered compliant. We already have ETJ over some of the offences covered by the convention, including the common-law offence of murder, sexual offences against children, forced marriage and FGM. However, there are a number of offences, including rape of an over-18, sexual assault and domestic abuse, where it still does not apply. Further amendments to domestic law are necessary so that we fully comply with the requirements in Article 44 of the convention. That will require the introduction of primary legislation in England and Wales, as well as in Scotland and Northern Ireland. We are working closely with ministerial colleagues in the Ministry of Justice to progress this issue and, as the Prime Minister signalled, we will explore all options for bringing the necessary legislation forward.
I think it was the noble Baroness, Lady Hamwee, who asked about the devolved Administrations. We are in regular contact with them about the Bill and the Istanbul convention, and the Minister for Vulnerability, Safeguarding and Countering Extremism has written to her counterparts on the matter.
The Bill places a duty on the Government to lay a report before Parliament as soon as is reasonably practicable after the Bill comes into force, setting out the steps to be taken to enable the UK to ratify the convention, as well as the timescale within which ratification is expected. It also requires the Government to lay an annual report before Parliament on progress toward ratification. I recognise that noble Lords want reassurance that we will continue to update Parliament on our ongoing compliance with the convention post-ratification.
The noble Baroness, Lady Uddin, asked about Brexit, but we are talking about a Council of Europe treaty that is independent of European Union functions and processes, so Brexit will not affect the UK ratifying the Istanbul convention. Once the UK has ratified it, we will be required to submit regular reports to the Council of Europe on compliance. Those reports will provide detailed information on the measures to tackle VAWG, the role of civil society organisations in addressing these crimes, and on prosecutions and convictions. We will ensure that both Houses have sight of those reports.
The Group of Experts on Action against Violence against Women and Domestic Violence—known as GREVIO—which is the independent expert body responsible for monitoring implementation of the convention, will scrutinise the reports and prepare its own report with recommendations. That report will also be available for parliamentary and public scrutiny. As I have said, the Government are very pleased to continue supporting the Bill and its aim of ensuring that we formally demonstrate to Parliament our progress on delivering against our commitment to ratify the convention.
We have made progress in tackling VAWG, but we are not complacent. We know that there is more to do to ensure that the victims of terrible crimes get the support they need. Our cross-government VAWG strategy, published last March, sets out our ambition that by the end of this Parliament no victim of abuse will be turned away from the necessary support. The strategy is underpinned by increased funding of £80 million, which includes the Home Office’s £15 million, three-year violence against women and girls service transformation fund to aid, promote and embed the best local practice and ensure that early intervention and prevention become the norm. An additional £20 million for victims of domestic abuse was announced in the Chancellor’s spring statement.
This funding will help to deliver our goal of working with local commissioners to deliver a secure future for rape support centres, refuges and FGM and forced marriage units, while driving major change across all services so that early intervention and prevention is the norm. Furthermore, to ensure that all victims get the right support at the right time, we have set out a clear blueprint for local action through a new national statement of expectations. That sets out what local areas need to do to prevent offending and to support victims and it will encourage organisations to work with local commissioners to disseminate the NSE and support the implementation of best practice.
We have also recently announced some key measures that will further strengthen the response to VAWG. A major new programme of work on domestic abuse has been announced by the Prime Minister. That cross-governmental work is being co-ordinated by the Home Secretary and the Justice Secretary and will look at legislative and non-legislative options to improve support for victims. The measures that come from that will encourage victims to report their abusers and see them brought to justice, and further raise public awareness.
We also recently announced that relationship and sex education will be put on a statutory footing so that every child has access to age-appropriate provision in a consistent way. The Department for Education will consult on making PSHE statutory.
We must continue to challenge the many forms of discrimination that women still face and ensure that we make VAWG everyone’s business. We all have our part to play in protecting women and girls from violence, and I feel—and very much hope—that noble Lords will join me in supporting the Bill.
My Lords, I thank all noble Members of the House who have taken part. I especially thank the noble and learned Lord, Lord Brown of Eaton-under-Heywood, for his contribution and all the wonderful work he has done in this field. I also thank the right reverend Prelate the Bishop of St Albans for speaking about his experiences of listening to women who have suffered domestic violence and for bringing that to the House. I mention the two male Peers who spoke because we need women and men to take part—this issue is not just for women, as other noble Lords have pointed out.
I thank the noble Baroness, Lady Uddin, for her support and for talking about her experience in this field. I also thank the noble Baroness, Lady Hamwee, for her work on the Joint Committee on Human Rights and for speaking about how that committee wants the Istanbul convention to be ratified. I was interested in the intervention by my noble friend Lady Farrington, who said that some people think that such behaviour does not happen in their area. We know that it happens everywhere, in every county in England, Wales and Scotland—and in the whole world, actually. No country is free from it, which is why it is really important to take action.
I thank my noble friend Lady Sherlock for the Opposition’s support. There is support for the Bill right across the House—I thank the Minister for her support, too—and I am sure that working together with other Members, we will get it through. I look forward to working with the Minister and I am sure that in getting the Bill through your Lordships’ House, she will keep my feet firmly on the ground and make sure that it does not end up in outer space.
I know we will get compliance because the Government seem determined to do that. I thank everyone again, including the Minister for her co-operation, and I ask the House to give the Bill a Second Reading.
Bill read a second time and committed to a Committee of the Whole House.
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Lords ChamberMy Lords, I understand that no amendments have been tabled to the Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
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Lords Chamber(7 years, 3 months ago)
Lords Chamber