Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 16th December 2016
(7 years, 11 months ago)
Commons ChamberPreventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 Read Hansard Text
13:16 - The House divided: - Ayes: 133 / Noes: 2 - Question accordingly agreed to.
13:29 - The House divided: - Ayes: 135 / Noes: 2 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister for Policing and the Fire Service (Brandon Lewis)
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.
Philip Davies
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.
Brandon Lewis
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.
Brandon Lewis
We have considered the Bill carefully, but before I outline that, I happily take the hon. Lady’s intervention.
Dr Whiteford
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?
Brandon Lewis
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.
Seema Malhotra
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?
Brandon Lewis
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.
Madam Deputy Speaker (Mrs Eleanor Laing)
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.
Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill (First sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 1st February 2017
(7 years, 9 months ago)
Public Bill CommitteesPreventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 Read Hansard Text
This text is a record of ministerial contributions to a debate held as part of the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
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.
The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)
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.
Kate Green (Stretford and Urmston) (Lab)
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?
Sarah Newton
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.
Craig Whittaker (Calder Valley) (Con)
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?
Sarah Newton
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.
Sarah Champion (Rotherham) (Lab)
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.
Sarah Newton
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.
Dr Whiteford
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.
Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 24th February 2017
(7 years, 8 months ago)
Commons ChamberPreventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 24 February 2017 - (24 Feb 2017)
12:04 - The House divided: - Ayes: 137 / Noes: 3 - Question accordingly agreed to.
12:18 - The House divided: - Ayes: 135 / Noes: 3 - Question accordingly agreed to.
12:31 - The House divided: - Ayes: 132 / Noes: 2 - Question accordingly agreed to.
13:15 - The House divided: - Ayes: 135 / Noes: 3 - Question accordingly agreed to.
13:27 - The House divided: - Ayes: 138 / Noes: 1 - Question accordingly agreed to.
This text is a record of ministerial contributions to a debate held as part of the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Speaker
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.
Mr Speaker
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.
The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)
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.
Mr Nuttall
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?
Sarah Newton
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.
Sarah Newton
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.
Mr Chope
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.
Sarah Newton
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.
Sarah Newton
I appreciate the opportunity for further clarification. We have signed the convention without any reservations.
Sarah Newton
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.
Mr Chope
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.
Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 10th March 2017
(7 years, 8 months ago)
Lords ChamberPreventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 24 February 2017 - (24 Feb 2017)
This text is a record of ministerial contributions to a debate held as part of the Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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—
The Lord Bishop of St Albans
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?
Baroness Williams of Trafford
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.