Domestic Abuse Bill

(Limited Text - Ministerial Extracts only)

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I beg to move, That the clause be read a Second time.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss the following:

Government new clause 16—Special measures in family proceedings: victims of domestic abuse.

Government new clause 17—Special measures in civil proceedings: victims of specified offences.

Government new clause 18—Prohibition of cross-examination in person in civil proceedings.

Government new clause 20—Consent to serious harm for sexual gratification not a defence.

New clause 1—Pornography and domestic violence: research—

‘(1) The Secretary of State must commission research into the impact of pornography consumption on levels of domestic violence.

(2) The Secretary of State must lay the research before Parliament within 12 months of this Act being passed.”

New clause 2—Research into the incidence of domestic abuse within different living arrangements—

The Secretary of State must commission research on the incidence of domestic abuse in the context of different forms of relationship including marriage, civil partnerships and cohabitation, with special respect to both adult and child wellbeing and reporting to the House with this research and policy recommendations within 12 months of this Act becoming law.”

New clause 3—Report on domestic abuse incidence and sentencing—

The Secretary of State must provide a report to the House reviewing trends in the incidences of domestic abuse and sentencing for domestic abuse offences over the last ten years in England and Wales with a view to making policy recommendations including with respect to increasing both minimum and maximum sentences for domestic abuse offences and present to Parliament within the 12 months of this Act becoming law.

New clause 4—No defence for consent to death—

‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing death, it is not a defence to a prosecution that B consented to the infliction of injury.

(2) Subsection (1) applies whether or not the death occurred in the course of a sadomasochistic encounter.”

This new clause would prevent consent of the victim from being used as a defence to a prosecution in domestic homicides.

New clause 5—No defence for consent to injury—

‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing actual bodily harm or more serious injury, it is not a defence to a prosecution that B consented to the infliction of injury or asphyxiation.

(2) Subsection (1) applies whether or not the actual bodily harm, non-fatal strangulation, or more serious injury occurred in the course of a sadomasochistic encounter.”

This new clause would prevent consent of the victim from being used as a defence to a prosecution in cases of domestic abuse which result in serious injury.

New clause 6—Consent of Director of Public Prosecutions—

In any homicide case in which all or any of the injuries involved in the death, whether or not they are the proximate cause of it, were inflicted in the course of domestic abuse, the Crown Prosecution Service may not without the consent of the Director of Public Prosecutions, in respect of the death—

(a) charge a person with manslaughter or any other offence less than the charge of murder, or

(b) accept a plea of guilty to manslaughter or any other lesser offence.”

This new clause would require the consent of the Director of Public Prosecutions if, in any homicide case in which any of the injuries were inflicted in the course of domestic abuse, the charge (or the plea to be accepted) is of anything less than murder.

New clause 7—Director of Public Prosecutions consultation with victim’s family in domestic homicides—

‘(1) Before deciding whether or not to give consent to charging a person with manslaughter or any other offence less than the charge of murder in an offence of homicide in which domestic abuse was involved, the Director of Public Prosecutions must consult the immediate family of the deceased.

(2) The Lord Chancellor must make arrangements, including the provision of a grant, to enable the immediate family to access legal advice prior to being consulted by the Director of Public Prosecutions under subsection (1).”

This new clause would require the Director of Public Prosecutions to consult the immediate family of the victim before charging less than murder in a domestic homicide and provide the family with legal advice so they can understand the legal background.

New clause 8—Offence of non-fatal strangulation—

A person (A) commits an offence if that person unlawfully strangles, suffocates or asphyxiates another person (B), where the strangulation, suffocation or asphyxiation does not result in B’s death.”

This new clause will create a new offence of non-fatal strangulation.

New clause 9—Offence of non-fatal strangulation in domestic abuse context—

A person (A) commits an offence if that person unlawfully strangles, suffocates or asphyxiates another person (B) to whom they are personally connected as defined in section 2 of this Act, where the strangulation, suffocation or asphyxiation does not result in B’s death.”

This new clause will create a new offence of non-fatal strangulation in domestic abuse offences.

New clause 10—Prohibition of reference to sexual history of the deceased in domestic homicide trials—

If at a trial a person is charged with an offence of homicide in which domestic abuse was involved, then—

(a) no evidence may be adduced, and

(b) no question may be asked in cross-examination, by or on behalf of any accused at the trial,

about any sexual behaviour of the deceased.”

This new clause will prevent the victim’s previous sexual history being used as evidence to prove consent to violence in a domestic homicide case. This draws on the legislative measures in the Youth Justice and Criminal Evidence Act 1999 to prevent rape defendants raking up or inventing complainants’ previous sexual history.

New clause 11—Anonymity for victims in domestic homicides—

‘(1) Where a person (“A”) has been accused of a domestic homicide offence and where the person (“B”) against whom the offence is alleged to have been committed has died in the course of sexual activity, no matter likely to lead members of the public to identify a person as B shall be included in any publication.

(2) The matters relating to a person in relation to which the restrictions imposed by subsection (1) applies (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a) the person’s name,

(b) the person’s address,

(c) the identity of any school or other educational establishment attended by the person,

(d) the identity of any place of work,

(e) any still or moving picture of the person.

(3) If, at the commencement of the trial, any of the matters in subsection (2) have already appeared in any publication, the judge at the trial may direct that no further reference to any of these matters may be included in any publication.

(4) If any matter is included in a publication in contravention of this section, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.

(5) For the purposes of this section—

“domestic homicide offence” means an offence of murder or manslaughter which has involved domestic abuse;

a “publication” includes any speech, writing, relevant programme, social media posting or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.”

This new clause will provide the victim of a domestic homicide with public anonymity.

New clause 12—Domestic abuse: report on incidence and sentencing—

‘(1) The Secretary of State must, within 12 months of Royal Assent being given to this Act, lay before both Houses of Parliament a report on—

(a) the incidence of domestic abuse in England and Wales since 1 January 2010, and

(b) sentencing for any offence where judgment was handed down after 1 January 2010 and it was alleged that the behaviour of the accused amounted to domestic abuse.

(2) A purpose of a report under subsection (1) shall be to inform a decision on whether or not to increase the minimum or maximum sentence for any offence where it is found the behaviour of the accused amounted to domestic abuse.

(3) “Domestic abuse” shall, for the purposes of this section, have the meaning given in section 1 of this Act.”

New clause 13—Screening for acquired brain injury in domestic abuse cases—

‘(1) A woman who has been the subject of domestic abuse shall, with her consent, be screened for traumatic brain injury, and other forms of acquired brain injury, including concussion.

(2) For the purposes of this section, a woman has been the subject of domestic abuse if—

(a) she is the person for whose protection a domestic abuse protection notice or a domestic abuse protection order has been issued, or

(b) she is the person against whom it is alleged that domestic abuse has been perpetrated when the accused is charged with an offence that amounts to domestic abuse within the meaning of section 1 of this Act.

(3) In the case of subsection (2)(a), the screening shall take place within two weeks of a domestic abuse protection notice or a domestic abuse protection order being issued.

(4) In the case of subsection (2)(b), the screening shall take place within two weeks of a charge being made for an offence where it is alleged that the behaviour of the accused amounts to domestic abuse within the meaning of section 1 of this Act.”

New clause 14—Acquired brain injury screening for female prisoners—

‘(1) All female prisoners must be screened for traumatic brain injury, and other forms of acquired brain injury, including concussion, within two weeks of starting their sentence.

(2) A purpose of the screening will be to assist in a determination as to whether a prisoner has been the subject of domestic abuse.

(3) If the screening shows that there is an acquired brain injury—

(a) an assessment must be made of whether such an injury has been acquired as a result of domestic abuse, and

(b) the prisoner must be given appropriate rehabilitation treatment and advice.”

New clause 19—Anonymity of domestic abuse survivors in criminal proceedings—

‘(1) Where an allegation has been made that a relevant offence has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the survivor.

(2) Where a person is accused of a relevant offence, no matter likely to lead members of the public to identify the person against whom the offence is alleged to have been committed as the survivor shall during the survivor’s lifetime be included in any publication.

(3) This section does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence.

(4) The matters relating to a survivor in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include—

(a) the survivor’s name;

(b) the survivor’s address;

(c) the identity of any school or other educational establishment the survivor attended;

(d) the identity of any place where the survivor worked;

(e) any still or moving pictures of the survivor; and

(f) any other matter that might lead to the identification of the survivor.

(5) At the commencement of a trial at which a person is charged with a relevant offence, the judge may issue a direction for lifting the restrictions only following an application by or on behalf of the survivor.

(6) Any matter that is included in a publication in contravention of this section must be deleted from that publication and no further reference to the matter may be made in any publication.

(7) If any matter is included in a publication in contravention of this section, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.

(8) For the purposes of the section—

“publication” means any material published online or in physical form as any well as any speech, writing, website, online news outlet, social media posting, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public;

a “relevant offence” means any offence where it is alleged by the survivor that the behaviour of the accused amounted to domestic abuse;

“survivor” means the person against whom the offence is alleged to have been committed.”

This new clause provides lifetime press anonymity for survivors of domestic abuse, and reflects similar protections for survivors of sexual assault enshrined in the Sexual Offences (Amendment) Act 1992. It prevents identifiable details from be published online or in print, and creates a new offence for breaching this anonymity.

New clause 21—Register for domestic abuse—

‘(1) The Secretary of State must arrange for the creation of a register containing the name, home address and national insurance number of any person (P) convicted of an offence that constitutes domestic abuse as defined in section 1 of this Act.

(2) Each police force in England and Wales shall be responsible for ensuring that the register is kept up to date with all relevant offences committed in the police force’s area.

(3) Each police force in England and Wales shall be responsible for ensuring that P notifies relevant police forces within 14 days if they commence a new sexual or romantic relationship.

(4) A failure to notify the police in the circumstances set out in subsection (4) shall be an offence liable on conviction to a term of imprisonment not exceeding 12 months.

(5) The relevant police force shall have the right to inform any person involved in a relationship with P of P’s convictions for domestic abuse as defined in section 1 of this Act.”

This new clause would require that any person convicted of any offence of domestic abuse as defined in section 1 must have their details recorded on a domestic abuse register to ensure that all the perpetrator’s subsequent partners have full access to information regarding their domestic abuse offences.

New clause 22—Recourse to public funds for domestic abuse survivors—

‘(1) The Immigration Acts are amended as follows.

(2) In section 115 of the Immigration and Asylum Act 1999 after subsection (10) insert—

“(11) This section does not apply to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020.”

(3) In paragraph 2(1) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 after sub-paragraph (b) insert—

“(ba) to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020, or”.

(4) In section 21 of the Immigration Act 2014 at the end of subsection (3) insert “or if P is a victim of domestic abuse”.

(5) In section 3 of the Immigration Act 1971 after subsection (1) insert—

“(1A) The Secretary of State may not make or maintain a condition under subsection (1)(c)(ii) on leave granted to a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020; and it is not a breach of the immigration laws or rules for such a victim to have recourse to public funds.”

(6) For the purposes of this section, evidence that a person is a victim of domestic abuse may consist of one or more of the following—

(a) a relevant conviction, police caution or protection notice;

(b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, domestic abuse protection order, forced marriage protection order or other protective injunction;

(c) evidence of relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic abuse;

(d) evidence that a victim has been referred to a multi-agency risk assessment conference;

(e) a finding of fact in the family courts of domestic abuse;

(f) a medical report from a doctor at a UK hospital confirming injuries or a condition consistent with being a victim of domestic abuse;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she is satisfied on the basis of an examination that a person had injuries or a condition consistent with those of a victim of domestic abuse;

(h) an undertaking given to a court by the alleged perpetrator of domestic abuse that he or she will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in providing services to a person in respect of allegations of domestic abuse;

(j) a letter of support or a report from a domestic abuse support organisation; or

(k) other evidence of domestic abuse, including from a counsellor, midwife, school, witness or the victim.

(7) For the purposes of this section—

“domestic abuse” has the same meaning as in section 1 of the Domestic Abuse Act 2020;

“victim” includes the dependent child of a person who is a victim of domestic abuse.

(8) Within 12 months of this Act being passed, the Secretary of State must commission a review into the operation of the provisions in this section.

(9) The Secretary of State must lay before Parliament a report setting out the findings of the review.”

This new clause seeks to ensure that certain provisions under the Immigration Acts – including exclusion from public funds, certain types of support and assistance and the right to rent – do not apply to survivors of domestic abuse. There will be a review into the operation of this provision.

New clause 23—Commissioning specialist domestic abuse services for victims and perpetrators of domestic abuse—

‘(1) It is the duty of relevant public authorities in England and non-devolved relevant public authorities in Wales in the exercise of their functions to commission sufficient specialist services for all persons affected by domestic abuse regardless of status.

(2) To ensure compliance with the duty under subsection (1) public authorities must—

(a) regularly assess population and support needs changes in their area;

(b) take account of any strategy to end violence against women and girls adopted by a Minister of the Crown; and

(c) co-operate to discharge the duty.

(3) The Secretary of State may issue regulations making provision for the resolution of disputes between public authorities relating to the discharge of the duty under subsection (1).

(4) In relation to the provision of domestic abuse support as defined by section 54(2), each relevant local authority may discharge the duty under subsection (2)(a) through compliance with its obligations under section 54(1)(a).

(5) In performing the duty under subsection (1) a relevant public authority must secure sufficient specialist services for (among others) the following persons—

(a) any victim of domestic abuse aged over 18;

(b) any child aged under 18 who experiences or witnesses domestic abuse;

(c) any person aged over 18 who exhibits abusive behaviour towards another person to whom they are personally connected;

(d) any child aged under 18 who exhibits abusive behaviour towards another person to whom they are personally connected.

(6) In performing the duty under subsection (1), a relevant public authority must where necessary secure specialist services designed to meet the particular needs of a group that shares a status to ensure appropriate and effective service provision.

(7) In this section—

“abusive behaviour” is behaviour that is abusive within the definition in section 1(3).

“domestic abuse” has the meaning given by Part 1 of this Act.

“personally connected” has the meaning given in section 2 of this Act.

“relevant public authorities” are public authorities with statutory functions relevant to the provision of specialist services, including but not limited to—

(a) Ministers of the Crown and Government departments;

(b) local government in England;

(c) NHS Trusts in England;

(d) Police and Crime Commissioners;

(e) prison, police and probation services.

“status” means a status for the purpose of Article 4(3) of the Council of Europe Convention on preventing and combating violence against women and domestic violence, and combined forms of any such status.

“specialist services” include but are not limited to the following when provided in connection with domestic abuse, whether provided by a public authority or any other person or body—

(a) protective measures and action taken to protect persons against domestic abuse;

(b) residential accommodation, including refuge services and other relevant accommodation and support as defined in section 54(2);

(c) counselling and other support;

(d) advocacy services;

(e) access to welfare benefits;

(f) perpetrator programmes;

(g) financial support;

(h) legal services;

(i) helplines;

(j) services designed to meet the particular needs of a group that shares a status to ensure appropriate and effective service provision, including separate or single-sex services within the meaning given in Part 7 of Schedule 3 the Equality Act, and “communal accommodation” within the meaning given in paragraph 3 of Schedule 23 to the Equality Act 2010.

“victims of domestic abuse” includes—

(a) persons towards whom domestic abuse is directed and

(b) persons who are reasonably believed to be at risk of domestic abuse.”

This new clause would establish a statutory duty on relevant public authorities to commission specialist support and services to all persons affected by domestic abuse. This includes refuge and community-based services; specialist services for groups with protected characteristics; services for children and young people; services for perpetrators.

New clause 24—Proceedings under the Children Act 1989—

‘(1) Part I of the Children Act 1989 is amended as follows.

(2) In section 1 (the welfare of the child) after subsection (2B) insert—

“(2C) Subsection (2A) shall not apply in relation to a parent where there has been domestic abuse which has affected the child or other parent.

(2D) Evidence of domestic abuse may be provided in one or more of the forms set out in regulation 33(2) of the Civil Legal Aid (Procedure) Regulations 2012.”

(3) Part II of the Children Act 1989 is amended as follows.

(4) In section 9 (restrictions on making section 8 orders) after subsection (7) insert—

“(8) No court shall make a section 8 order for a child to spend unsupervised time with or have unsupervised contact with a parent who is—

(a) awaiting trial, or on bail for, a domestic abuse offence, or

(b) involved in ongoing criminal proceedings for a domestic abuse offence.

(8A) In subsection (8)—

“unsupervised” means where a court approved third party is not present at all times during contact with the parent to ensure the physical safety and emotional wellbeing of a child;

“domestic abuse offence” means an offence which the Crown Prosecution Service alleges to have involved domestic abuse.””

This new clause seeks to change the presumption that parental involvement furthers the child’s welfare when there has been domestic abuse. It also prohibits unsupervised contact for a parent awaiting trial or on bail for domestic abuse offences, or where there are ongoing criminal proceedings for domestic abuse.

New clause 25—Effective protection and support for all victims of domestic abuse—

‘(1) The Secretary of State must take steps to ensure that all victims of domestic abuse, irrespective of their status, receive—

(a) equally effective protection against domestic abuse, and

(b) equally effective support.

(2) In this section—

“status” includes a status for the purpose of Article 4(3) of the Council of Europe Convention on preventing and combating violence against women and domestic violence and any combined forms of such status.

“victims of domestic abuse” includes persons who are reasonably believed to be at risk of domestic abuse.”

This new clause ensures all victims of domestic abuse are protected, regardless of their status, in line with Article 4(3) of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).

New clause 26—Victims of domestic abuse: leave to remain—

‘(1) The Secretary of State must, within 3 months of this Act being passed, lay a statement of changes in rules made under section 3(2) of the Immigration Act 1971 (“the immigration rules”) to make provision for leave to remain to be granted to any person subject to immigration control who is a victim of domestic abuse in the United Kingdom.

(2) The statement laid under subsection (1) must set out rules for the granting of indefinite leave to remain to any person subject to immigration control who is a victim of domestic abuse in the United Kingdom; and the statement must provide for those rules to be commenced no later than one month of the laying of the statement.

(3) The Secretary of State must make provision for granting limited leave to remain for a period of no less than 6 months to any person eligible to make an application under the immigration rules for the purposes of subsection (2); and such leave shall include no condition under section 3(1)(c)(i), (ia), (ii) or (v) of the Immigration Act 1971.

(4) The Secretary of State must make provision for extending limited leave to remain granted in accordance with subsection (3) to ensure that leave continues throughout the period during which an application made under the immigration rules for the purposes of subsection (2) remains pending.

(5) Where subsection (6) applies, notwithstanding any statutory or other provision, no services shall be withheld from a victim of domestic abuse solely by reason of that person not having leave to remain or having leave to remain subject to a condition under section 3(1)(c) of the Immigration Act 1971.

(6) This subsection applies where a provider of services is satisfied that the victim of domestic abuse is eligible to make an application to which subsection (3) refers.

(7) The Secretary of State must, for the purposes of subsection (5), issue guidance to providers of services about the assessment of eligibility to make an application to which subsection (3) refers.

(8) In this section—

an application is “pending” during the period—

(a) beginning when it is made,

(b) ending when it is finally decided, withdrawn or abandoned, and an application is not finally decided while an application for review or appeal could be made within the period permitted for either or while any such review or appeal remains pending (meaning that review or appeal has not been finally decided, withdrawn or abandoned);

“person subject to immigration control” means a person in the United Kingdom who does not have the right of abode;

“provider of services” includes both public and private bodies;

“services” includes accommodation, education, employment, financial assistance, healthcare and any service provided exclusively or particularly to survivors of domestic abuse.”

This new clause would make provision in the immigration rules for the granting of indefinite leave to remain to migrant survivors of domestic abuse and limited leave to remain to a survivor who is eligible to make an application for indefinite leave to remain.

New clause 27—Victims of domestic abuse: data-sharing for immigration purposes—

‘(1) The Secretary of State must make arrangements to ensure that personal data of a victim of a domestic abuse in the United Kingdom that is processed for the purpose of that person requesting or receiving support or assistance related to domestic abuse is not used for any immigration control purpose without the consent of that person.

(2) The Secretary of State must make arrangements to ensure that the personal data of a witness to domestic abuse in the United Kingdom that is processed for the purpose of that person giving information or evidence to assist the investigation or prosecution of that abuse, or to assist the victim of that abuse in any legal proceedings, is not used for any immigration control purpose without the consent of that person.

(3) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to the personal data to which subsection (1) or (2) applies.

(4) For the purposes of this section, the Secretary of State must issue guidance to—

(a) persons from whom support or assistance may be requested or received by a victim of domestic abuse in the United Kingdom;

(b) persons exercising any function of the Secretary of State in relation to immigration, asylum or nationality; and

(c) persons exercising any function conferred by or by virtue of the Immigration Acts on an immigration officer.

(5) For the purposes of this section—

“consent” means a freely given, specific, informed and unambiguous indication of the victim or witness, by an express statement of that person signifying agreement to the processing of the personal data for the relevant purpose;

“immigration control purpose” means any purpose of the functions to which subsection (4)(ii) and (iii) refers;

“support or assistance” includes the provision of accommodation, banking services, education, employment, financial or social assistance, healthcare and policing services; and any function of a court or prosecuting authority;

“victim” includes any dependent of a person, at whom the domestic abuse is directed, where that dependent is affected by that abuse.”

This new clause would require the Secretary of State to make arrangements to ensure that the personal data of migrant survivors of domestic abuse that is given or used for the purpose of their seeking or receiving support and assistance is not used for immigration control purposes.

New clause 28—Enabling access to abortion in abusive relationships—

‘(1) The Abortion Act 1967 is amended as follows.

(2) At the end of section 1 add—

“(5) Subsection (3) of this section shall not apply to the termination of a pregnancy by a registered medical practitioner who is of the opinion, formed in good faith, that the woman is unable to access treatment for the termination of pregnancy in a hospital or a place approved by the Secretary of State under subsection (3) by reason of the abusive behaviour of a person with whom the woman is personally connected within the meaning of section 2 of the Domestic Abuse Act 2020.””

In cases of domestic abuse where a woman seeking an abortion is subject to coercive control, this new clause would remove the legal requirement for attendance at a hospital or licensed premises in order to access lawful abortion services.

Amendment (a), line 4 after “apply to the” insert “medical”

Amendment (b), line 6 after “faith,” insert

“that the pregnancy has not exceeded nine weeks and six days and”

Amendment (c), line 10 at end insert—

‘(3) This section may not take effect until the Government has conducted an inquiry into the safety, number, and impact of abortions carried out under the temporary coronavirus crisis provisions where the place of abortion was the woman’s home, and has laid a Report on this before Parliament.”

New clause 30—Local Welfare Provision schemes—

‘(1) Every local authority in England must deliver a Local Welfare Provision scheme which provides financial assistance to victims of domestic abuse.

(2) The Secretary of State must issue guidance on the nature and scope of Local Welfare Provision schemes and review this biannually in consultation with the Domestic Abuse Commissioner and other such individuals and agencies the Secretary of State deems appropriate.

(3) The Chancellor of the Exchequer must provide local authorities with additional funding designated for Local Welfare Provision, to increase per year with inflation.

(4) For the purposes of this subsection “domestic abuse” is defined in section 1 of the Domestic Abuse Act 2020.”

This new clause would allow victims of domestic abuse to access a local welfare assistance scheme in any locality across England.

New clause 31—Guidance: Child maintenance—

‘(1) The Secretary of State must issue guidance relating to the payment of child maintenance where the person with care of the child is a victim of domestic abuse.

(2) Guidance issued under this section must take account of—

(a) the potential for the withholding or reducing of child maintenance to constitute economic abuse under section 1(4) of this Act;

(b) the need for enforcement action to prevent non-payment; and

(c) the difficulties faced by victims of domestic abuse in obtaining evidence to support an application for a variation of a child maintenance calculation.

(3) The Child Maintenance Service must have regard to any guidance issued under this section when exercising a function to which the guidance relates.

(4) Before issuing guidance under this section, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner, and

(b) such other persons as the Secretary of State considers appropriate.

(5) The Secretary of State must publish any guidance issued under this section.”

This new clause would require the Secretary of State to issue guidance to the Child Maintenance Service to tackle the problem of abusers continuing economic abuse by withholding or reducing child maintenance payments.

New clause 32—Assessment and management of serial and serious domestic abuse and stalking perpetrators—

Within six months of the commencement of this Act, a Minister of the Crown must lay a report before both Houses of Parliament reviewing arrangements for assessing and managing the risk presented by serial and serious harm domestic abuse and stalking perpetrators.”

New clause 33—Monitoring of serial and serious harm domestic abuse and stalking perpetrators under MAPPA—

‘(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 325 (Arrangements for assessing etc risk posed by certain offenders) —

(a) in subsection (1), after ““relevant sexual or violent offender” has the meaning given by section 327” insert—

““relevant domestic abuse or stalking perpetrator” has the meaning given in section 327ZA;”;

(b) in subsection (2)(a), after “offenders” insert “(aa) relevant domestic abuse or stalking perpetrators,”.

(3) After section 327 (Section 325: interpretation) insert—

“327ZA Section 325: interpretation of relevant domestic abuse or stalking perpetrator

(1) For the purposes of section 325—

a person (“P”) is a “relevant domestic abuse or stalking perpetrator” if P has been convicted of a specified offence and meets either the condition in subsection (2)(a) or the condition in subsection (2)(b).

(2) For the purposes of subsection (1), the conditions are—

(a) P is a relevant serial offender;

(b) a risk of serious harm assessment has identified P as presenting a high or very high risk of serious harm.

(3) An offence is a “specified offence” for the purposes of this section if it is a specified domestic abuse offence or a specified stalking offence.

(4) In this section—

“relevant serial offender” means a person convicted on more than one occasion for the same specified offence; or a person convicted of more than one specified offence;

“specified domestic abuse offence” means an offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning defined in Section 1 of this Act;

“specified stalking offence” means an offence contrary to section 2A or section 4A of the Protection from Harassment Act 1997.

(5) Within six months of the commencement of this section, a Minister of the Crown must lay a report before both Houses of Parliament reviewing the interpretation of the term “relevant domestic abuse or stalking perpetrator” for the purposes of section 325.

(6) A report under subsection (5) must give specific consideration to arrangements for assessing and managing the risks of domestic abuse or stalking posed by perpetrators convicted of offences other than a specified offence.

(7) Subject to a report under subsection (5) being laid before both Houses of Parliament, a Minister of the Crown may by regulations amend this section.”

This new clause amends the Criminal Justice Act 2003, which provides for the establishment of Multi-Agency Public Protection Arrangements (“MAPPA”), to make arrangements for serial domestic abuse or stalking perpetrators to be registered on VISOR and be subjected to supervision, monitoring and management through MAPPA.

New clause 34—Threat to disclose private photographs and films with intent to cause distress—

In the Criminal Justice and Courts Act 2015, after section 13 insert—

“33A Threat to disclose private photographs and films with intent to cause distress

(1) It is an offence for a person to threaten to disclose a private sexual photograph or film of a person to whom they are personally connected without the consent of an individual who appears in the photograph or film if the threat is made to either—

(a) the individual who appears in the photograph or film, or

(b) another individual who is intended to tell the individual who appears in the photograph or film,

(2) But it is not an offence under this section for the person to threaten to disclose the photograph or film to the individual mentioned in subsection (1)(a).

(3) For the meaning of “consent” see section 33(7)(a).

(4) A person guilty of an offence under this section is liable —

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).

(5) (5) For the purposes of this section, “personally connected” has the same meaning as in section 2 of the Domestic Abuse Act 2020.”

New clause 35—Duty to co-operate: children awaiting NHS treatment—

‘(1) The Commissioner must within 6 months after section 14 comes into force issue a request under that section to the NHS bodies in England mentioned in subsection (2) to co-operate with the Commissioner to secure that the objective set out in subsection (3) is met within 12 months after that section comes into force and continues to be met.

(2) The bodies are—

(a) every clinical commissioning group established under section 14D of the National Health Service Act 2006, and

(b) every other NHS body in England (as defined in section 14(7)) whose co-operation the Commissioner thinks is necessary to secure that the objective set out in subsection (3) is met.

(3) The objective is that where a child affected by domestic abuse has been referred for NHS care or treatment in the area (“Area A”) of a clinical commissioning group as a result of being so affected moves to the area (“Area B”) of another clinical commissioning group, the child receives that care or treatment no later than it would have been received in Area A.”

New clause 36—School admissions—

‘(1) The Secretary of State must, within six months after this section comes into force, secure that the school admissions code issued for England under section 84 of the Schools Standards and Framework Act 1998 (“1998 Act”) contains such provision as the Secretary of State considers necessary to achieve the objective set out in subsection (5).

(2) The Secretary of State must secure that the Commissioner is consulted about any proposed provision under subsection (1).

(3) The Welsh Ministers must, within six months after this section comes into force, secure that the Welsh Government school admissions code issued under section 84 of the 1998 Act contains such provision as the Welsh Ministers consider necessary to achieve the objective set out in subsection (5).

(4) The Welsh Ministers must secure that the Commissioner is consulted about any proposed provision under subsection (3).

(5) The objective is that—

(a) oversubscription criteria for admission to any school to which the school admissions code applies give the same priority to children falling within subsection (6) as to looked-after children (within the meaning of section 22(1) of the Children Act 1989), and

(b) the Code contains appropriate guidance about admission of children who have moved home to avoid domestic abuse or who are otherwise affected by domestic abuse.

(6) A child falls within this subsection if the child—

(a) is in the care of, or provided with accommodation by, a body exercising a function in respect of children affected by domestic abuse which, if the body were a local authority, would be a social services function of the kind mentioned in section 22(1)(b) of the Children Act 1989, or

(b) has moved home as a result of being affected by domestic abuse.”

Amendment 3, clause 1, page 1, line 15, after “abuse”, insert “(see subsection (4A))”

This amendment would provide the ability to further define specific abuse.

Amendment 25, page 2, line 3, after “that” insert

“, unless A believed they were acting in B’s best interest and the behaviour in all the circumstances was reasonable,”

This amendment is alternative to Amendment 1. It clarifies that economic abuse has to be unreasonable and not cover incidents of the withholding of money where it is intended to be in a person‘s best interest – e.g. someone caring for another or the partner of a gambling addict who gives consent. This amendment uses similar wording to the defence for controlling and coercive behaviour.

Amendment 1,  page 2, line 3, after “effect”, insert “without permission, consent, necessity or any other good reason”

The aim of this amendment would be to specify that economic abuse has to be deliberate and unreasonable not just the withholding of money, for example, with lawful authority or good reason – e.g. someone caring for someone or the partner of a gambling addict who gives consent etc.

Amendment 2,  page 2, line 5, leave out “acquire, use or maintain money or other property” and insert

“maintain their own money or personal property”

The aim of this amendment would be to specify that economic abuse must involve the person’s own money and not the lawful property of someone else.

Amendment 4,  page 2, line 6, at end insert—

‘(4A) “Psychological, emotional or other abuse” includes but is not limited to—

(a) parental alienation, false allegations of domestic abuse by A against B, or

(b) A deliberately preventing B having contact with their child or children for no good reason.”

This amendment gives specific examples of domestic abuse – parental alienation, false allegations of domestic abuse and the prevention of contact with a parent for no good reason.

Amendment 24,  page 2, line 6, at end insert—

‘(4A) “Psychological, emotional or other abuse” includes but is not limited to—

(a) parental alienation, or

(b) A deliberately preventing B having contact with their child or children for no good reason.”

This amendment is alternative to Amendment 4. It gives specific examples of domestic abuse – parental alienation and the prevention of contact with a parent for no good reason.

Amendment 5, page 2, line 6, at end insert—

‘(4B) “Parental alienation” is defined as a child’s resistance or hostility towards parent B which is not justified and is the result of psychological manipulation by parent A.”

This amendment defines parental alienation.

Amendment 6, page 2, line 7, leave out subsection (5)

This amendment removes the potential creation of two victims of a single act of abuse.

Amendment 7,  page 2, line 10, leave out subsection (6)

This amendment is consequential upon Amendment 6.

Amendment 11, clause 6, page 4, line 3, after “the” insert “objective”

This amendment aims to ensure there is no bias and that pre-conceived notions do not form part of the identification of domestic abuse process.

Amendment 12,  page 4, line 8, after “abuse” insert “;

(e) a gender-neutral approach to domestic abuse”

This amendment would recognise explicitly that domestic violence affects everyone regardless of their sex.

Amendment 13,  page 4, line 23, at end insert—

“(h) monitoring the estimated number of actual victims of domestic abuse compared to those prosecuted for such offences according to the sex of the victim and making recommendations to address any differences in outcomes between the sexes;”

This amendment would make sure that male and female perpetrators of domestic abuse are prosecuted in similar relative numbers.

Amendment 14,  page 4, line 23, at end insert—

“(i) monitoring the estimated number of actual victims of domestic abuse in same sex relationships by gender.”

This amendment would ensure that those in same sex relationships are separately monitored in line with the gender neutral approach to domestic abuse.

Amendment 40, clause 7, page 5, line 2, leave out “the Secretary of State” and insert “Parliament”

This amendment changes the provision enabling the Commissioner to report to the Secretary of State to one enabling the Commissioner to report to Parliament.

Amendment 41,  page 5, line 5, leave out subsections (3) to (5) and insert—

‘(3) The Commissioner must ensure that no material is included in the report which—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(4) The Commissioner must send a copy of any report published under this section to the Secretary of State.”

This amendment is linked to Amendment 40.

Amendment 15, clause 11, page 6, line 38, after “Board”)” insert

“through an open recruitment process”

This amendment would ensure that members of the Advisory Board are appointed via an open recruitment process.

Amendment 19,  page 7, line 7, after the first “of” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately representing the interests of male and female victims are appointed to the Advisory Board.

Amendment 46,  page 7, line 7, after “abuse” insert—

“in England;

“(aa) at least one person appearing to the Commissioner to represent the interests of victims of domestic abuse in Wales”

This amendment would require representation for domestic abuse victims in Wales, ensuring that both the interests of domestic abuse victims in England and Wales are equally addressed.

Amendment 20,  page 7, line 9, after “with” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately representing the interests of male and female organisations are on the Advisory Board.

Amendment 16,  page 7, line 11, leave out paragraph (c)

This amendment would remove the necessity for a representative of health care providers to be on the Advisory Board to make space for representatives of both male and female victims/groups.

Amendment 17, page 7, line 14, leave out paragraph (d)

This amendment would remove the necessity for a representative of social care providers to be on the Advisory Board to make space for representatives of both male and female victims/groups.

Amendment 44,  page 7, line 21, after “abuse” insert “;

(g) at least one person appearing to the Commissioner to represent the interests of charities and other voluntary organisations that work with victims of sexual violence and abuse that amounts to domestic abuse in England”

This amendment will add a representative of sexual violence and abuse specialist services in a domestic context to the Commissioner’s advisory board.

Amendment 18, page 7, line 24, leave out subsection (6)

This amendment is consequential upon Amendment 17.

Amendment 42, clause 13, page 8, line 16, leave out from “must” to “on” and insert “report to Parliament”

This amendment changes the requirement for the Commissioner to submit an annual report to the Secretary of State to a requirement to report to Parliament.

Amendment 43,  page 8, line 25, leave out subsections (3) to (5) and insert—

‘(3) The Commissioner must arrange for a copy of every annual report under this section to be laid before Parliament.

(4) Before laying the report before Parliament, the Commissioner must ensure that no material is included in the report which—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.”

This amendment is linked to Amendment 42.

Amendment 21, clause 55, page 36, line 11, after the first “of” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately represent the interests of both male and female victims on the domestic abuse local partnership boards.

Amendment 22,  page 36, line 15, after “with” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately represent the interests of both male and female organisations on the domestic abuse local partnership boards.

Amendment 45,  page 36, line 22, after “area” insert “;

(h) at least one person appearing to the authority to represent the interests of charities and other voluntary organisations that work with victims of sexual violence and abuse that amounts to domestic abuse in its area”

This amendment adds a representative of Sexual Violence and Abuse specialist services in a domestic context to the Local Authority’s advisory partnership.

Government amendments 27 to 29.

Amendment 26, page 46, line 38, leave out Clause 64.

Amendment 8, clause 67, page 51, line 12, leave out paragraph (b)

This amendment is consequential upon Amendment 6.

Amendment 23,  page 51, line 15, at end insert—

‘(4) If it transpires that the local authority has been given incorrect information or that it has taken into account false allegations of domestic abuse as the basis for granting a tenancy, it must revoke the secure tenancy within 7 days of receiving this information by giving the tenant 28 days notice to quit in addition to passing on such information to the police, where they are not already involved, as soon as is practicable thereafter.”

This amendment makes provision for someone who has made false allegations of domestic abuse to lose the home they gained under these false pretences.

Amendment 35, clause 68, page 51, line 28, at end insert—

‘(2A) The Secretary of State must issue guidance under this section which takes account of evidence about the relationship between domestic abuse and offences involving hostility based on sex.

(2B) In preparing guidance under subsection (2A) the Secretary of State must require the chief officer of police of any police force to provide information relating to—

(a) the number of relevant crimes reported to the police force; and

(b) the number of relevant crimes reported to the police force which, in the opinion of the chief officer of police, have also involved domestic abuse.

(2C) In this section—

“chief officer of police” and “police force” have the same meaning as in section 65 of this Act;

“domestic abuse” has the same meaning as in section 1 of this Act;

“relevant crime” means a reported crime in which—

(a) the victim or any other person perceived the alleged offender, at the time of or immediately before or after the offence, to demonstrate hostility or prejudice based on sex,

(b) the victim or any other person perceived the crime to be motivated (wholly or partly) by hostility or prejudice towards persons who are of a particular sex, or

(c) the victim or any other person perceived the crime to follow a course of conduct pursued by the alleged offender towards the victim that was motivated by hostility based on sex;

“sex” has the same meaning as in section 11 of the Equality Act 2010.”

Amendment 47,  page 51, line 28, at end insert—

‘(2A) The Secretary of State must issue separate statutory guidance on domestic abuse that also constitutes teenage relationship abuse and such guidance must address how to ensure there are—

(a) sufficient levels of local authority service provision for both victims and perpetrators of teenage relationship abuse,

(b) child safeguarding referral pathways for both victims and perpetrators of teenage relationship abuse.

(2B) The guidance in subsection (2A) must be published within three months of the Act receiving Royal Assent and must be reviewed bi-annually.

(2C) For the purposes of subsection (2A), teenage relationship abuse is defined as any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse, which can encompass, but is not limited to psychological, physical, sexual, economic and emotional abuse, including through the use of technology, between those aged 18 or under who are, or have been in a romantic relationship regardless of gender or sexual orientation.”

This amendment would place a duty on the Secretary of State to publish separate statutory guidance on teenage relationship abuse. The statutory guidance would cover not just victims of teenage domestic abuse but extend to those who perpetrate abuse within their own teenage relationships.

Amendment 9,  page 51, line 30, leave out from “that” to the end of line 31 and insert

“victims and perpetrators of domestic abuse in England and Wales are both male and female.”

This amendment removes the sex specific reference to females, to include male victims of domestic abuse and reflect the fact that both men and women are perpetrators of domestic abuse.

Government amendment 30.

Amendment 10, page 51, line 31, after “female”, insert

“and this should in no way exclude male victims from the protection of domestic abuse legislation and services for survivors.”

This amendment is an alternative to Amendment 9.

Government amendments 36, 37, 31, 32, 38, 33, 34 and 39.

[Victoria Atkins]

Homes should be places of love and safety, but for 2.4 million people across the country they are not. We want the abuse to stop, and we want victims to live, peaceful, safe and happy lives. That is why the Government are bringing forward this Domestic Abuse Bill.

Domestic abuse does not just affect adults. It affects the children living in abusive households too. The Government have always recognised the devastating impact that domestic abuse has on a child who sees, hears or experiences it. Indeed, the need to consider the effects on children runs through the Bill, through the draft statutory guidance and in our non-legislative work. As I hope is acknowledged, our approach throughout the extensive scrutiny of the Bill has been to listen, and that is exactly what we have done. We have listened carefully to my right hon. Friends the Members for Maidenhead (Mrs May) and for Basingstoke (Mrs Miller). We have listened to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) in Committee, as well as other Members across the House, including the hon. Member for Blaydon (Liz Twist), who have encouraged us to do more. I am, therefore, pleased to introduce new clause 15 to the Bill, which states that children who see, hear or experience domestic abuse are victims.

As with the statutory definition in clauses 1 and 2, we expect the new clause to be adopted more generally by public authorities, frontline practitioners and others responding to domestic abuse. Indeed, it is vital that locally commissioned services consider and address the impact of domestic abuse on children.

We have also listened to the harrowing experiences of victims going through the family and civil courts. It is vital that victims of domestic abuse are supported to give their best evidence in court and to minimise the distress that this can cause. The Bill on introduction already ensured that victims of domestic abuse are automatically entitled to special measures in criminal proceedings, meaning that they can, for example, give evidence from behind a screen or via a video link. New clauses 16 and 17 now extend that automatic eligibility to victims giving evidence in family and civil proceedings.

In May last year, the Ministry of Justice established a panel of experts to review how the family courts deal with the risk of harm to children and parents in private law children’s cases involving domestic abuse and other serious offences. The panel received more than 1,200 submissions and the report was published just a couple of weeks ago. The submissions highlighted that many victims of domestic abuse feel extreme anxiety about appearing in the family court and coming face to face with the perpetrator. Anyone who has tracked the progress of this Bill, or who has worked with and listened to victims outside the confines of this Chamber, will know just how terrible some of those experiences can be. The panel has recommended that the provisions in the Bill concerning special measures in the criminal courts should apply to all private law children’s cases in which domestic abuse is alleged. New clause 16 does that, and new clause 17 achieves the same in civil proceedings.

However, we have gone further with regard to civil proceedings, as new clause 18 prohibits cross-examination in person where such cross-examination by the perpetrator is likely to diminish the quality of the witness’s evidence or would cause significant distress to the witness. This new clause also prevents the victim from having to cross-examine the alleged perpetrator in person, with counsel being appointed by the court, if necessary. In each scenario, such cross-examination can serve to re-traumatise victims and, again, prevent them from giving their best evidence in court. Cross-examination in person is already prohibited in the criminal courts. The Bill, on introduction, extended the prohibition to the family courts and, on the recent recommendation of the Civil Justice Council, we will now ensure that the bar applies across all courts. These changes will have a profound impact on victims in all our constituencies who are seeking justice.

[Chris Bryant (Rhondda) (Lab)]

I wholeheartedly support everything that the Minister has said, but one additional factor that can make it more difficult for a victim of domestic violence to feel secure in this system is that they have had a brain injury which might not have been diagnosed. So all the anxiety, loss of memory and loss of executive function may be completely misunderstood by many other people around her. Is it not time that we made sure, as my new clause 13 would do, that all victims of domestic violence and abuse are screened for acquired brain injury?

[Victoria Atkins]

I thank the hon. Gentleman for his intervention. I, of course, pay attention to the fact that he has had a long-standing campaign on this matter. I have looked carefully at his proposals, and the Government have two chief concerns. The first is that any clinical need of the individual must, of course, be a matter for doctors. I would be very worried about making a blanket application for anyone who is a victim of domestic abuse, not least because we know that, as clause 1 sets out, domestic abuse can take many forms and is not just restricted to physical violence. So I believe that the correct way to deal with the very important point he raises is to enable clinicians to make that judgment. The second point relates to screening. I understand that the UK screening authority would have to consider whether such a universal programme should be introduced. I believe that it has looked at this relatively recently and has concluded that the evidence is not there. If I may, I will return to the text of my speech now. I will hear his arguments develop during the course of this afternoon and comment further if need be.

On the subject of justice, one of the most chilling and anguished developments in recent times has been the increased use of the so-called rough sex defence. This is the subject of the last of the Government’s new clauses on Report, new clause 20. Before I develop the argument for the new clause, I would like to pay particular tribute to the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), who have been unrelenting in their work to secure justice for victims about whom the most difficult and violent claims can be made by defendants in the course of a criminal trial. They have been absolutely committed in their campaign to clarify the law. Indeed, I seem to remember that my hon. Friend raised this issue in the first Second Reading debate in October, which reminds us all of the journey that this Bill has had. They have called on the Government to codify the law in relation to the use of violence in consensual sadomasochistic sexual acts and the so-called rough sex defence. I am incredibly grateful to them for their continued and constructive engagement on this important and sensitive issue. I also note the support that Members across the House have given to these provisions, and I thank everyone for their work on this.

[Jim Shannon (Strangford) (DUP)]

The Minister is setting the scene very clearly regarding what is important and what we wish to see happening, and I congratulate her on that. The increase of this type of activity by some 11.6% on worldwide internet traffic has concerned me. This is not just about getting at people individually; it is also about getting at the people who are the drivers who make it happen. What has been done to ensure that those who buy into that system—some might do so inadvertently, but they none the less find themselves in a difficult situation—and who make it available and make it happen can be caught?

[Victoria Atkins]

If I have understood the hon. Gentleman correctly, he is not just addressing the use of this so-called defence in our courts but reflecting on the wider impact of pornography, particularly internet pornography, on violence towards women and girls in particular. I know that my hon. Friend the Member for Congleton (Fiona Bruce) will be raising this in her speech and if I may I will respond to her in that part of the debate, but I very much take on board his point.

The hon. Gentleman will know that part of the problem that has emerged in the last 15 to 20 years is that, whereas in the old days cases were reported freely in the newspapers and so on, such cases are now also reported on the internet. In that regard, I must pay particular tribute to the family of Natalie Connolly, who have suffered in more ways than anyone can really contemplate. I am pleased—and I hope they are satisfied—with the developments that have resulted from the hard work of the right hon. and learned Member for Camberwell and Peckham and my hon. Friend the Member for Wyre Forest. I hope that Natalie’s family are satisfied with what we have reached in this Bill.

We have been clear that there is no such defence to serious harm that results from rough sex, but there is a perception that such a defence exists and that it is being used by men—it is mostly men in these types of cases—to avoid convictions for serious offences or to receive a reduction in any sentence when they are convicted. As my right hon. Friend the Lord Chancellor indicated on Second Reading, this area of law is extremely complex. It is therefore important that anything that is placed in the Bill does not have unintended consequences. In acting with the best of intentions, we do not want to inadvertently create loopholes or uncertainties in the law that can then be exploited by those who perpetrate such crimes.

If I may, I would just like to take a moment to thank my friend the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). As the co-Minister on the Bill, he has brought all his legal expertise to the consideration of how we can address the mischief and the upset, which we all want to address, in a way that does not have unintended consequences.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

May I join the Minister in doing that? This issue has bedevilled criminal law cases going back to the 1920s and 1930s. The attempt in the past has been to fit appropriate legal protections within the framework of the Offences Against the Person Act 1861. It is particularly to be welcomed that we have now moved away from that rather antiquated straitjacket and have something that is fit for purpose. The work the Government and my hon. Friends have done is immeasurably important to legal practitioners, as well as to victims.

[Victoria Atkins]

I am happy to take that intervention and I thank my hon. Friend, the Chair of the Justice Committee, for his support.

In new clauses 4 and 5, the right hon. and learned Member for Camberwell and Peckham and my hon. Friend the Member for Wyre Forest have, broadly, sought to codify the principles set out in current case law in this area, namely that which resulted from the case R v. Brown. That case involved a group of men who participated in sadomasochistic activities. We have taken up the challenge set by the right hon. Lady and my hon. Friend and, working closely with them, have tabled new clause 20 to achieve just that. More specifically, the new clause aims to make it clear that consent to serious harm for sexual gratification is not a defence in law. The new clause codifies, and therefore restates, the general proposition of law expressed in the case of R v. Brown, which is that a person may not consent to the infliction of serious harm and, by extension, their own death. Those interested in such matters will note that we have been careful to preserve the position in relation to sexually transmitted infections, but we have done so in a way very much in keeping with current case law. I hope that the House has been reassured that new clause 20 achieves the objective of providing the confirmation and clarification of the law requested.

I am very conscious that many Back Benchers wish to speak—sadly, many have put in to speak but will not be called due to the level of interest in this important piece of proposed legislation—but, if I may, I will take a little time to address an issue that I know is of great importance not just to those of us in this place, but to those who work in the world of tackling domestic abuse and, of course, to the victims themselves. That is the issue of migrant women, in particular migrant women who have no recourse to public funds. If I may, I will deal with new clauses 22, 25 and 26 in this part of my speech.

I hope hon. Members received a “Dear colleague” letter this morning from me and the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham, explaining our position. We are absolutely committed to doing what we can to support all migrant victims of domestic abuse as victims first and foremost. In 2012, we introduced the destitution domestic violence concession—the DDVC—to support migrant victims of domestic abuse who are living in this country on the basis of certain partner visas. Such people have come to the UK with the intention of living here permanently with the reasonable expectation of obtaining indefinite leave to remain. The DDVC is not available to people who enter the country on other visas, such as visitor, student or work visas, or, indeed, to anyone who is here illegally. This is because in order to obtain such visas they will have confirmed that they are financially independent and therefore require no recourse to public funds, and their stay will be for a defined period of time. They do not, therefore, have a legitimate expectation of securing indefinite leave to remain. Simply extending the DDVC to all migrant victims is therefore not the way to address the needs of migrant victims who currently cannot claim under that scheme. We need to find a way of ensuring that they have adequate support, rather than provide a pathway to indefinite leave to remain or a blanket lifting of the no recourse to public funds condition.

--- Later in debate ---

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I welcome the points that the Minister has made on other topics, but on this one, if she wants to do further research and investigation why not just lift the provisions and requirements on no recourse to public funds in the meantime, until the research is completed and she has more information about what she wants to do next?

[Victoria Atkins]

The right hon. Lady makes a point that I know would, at first blush, be attractive, but the problem is that we do not have that bedrock of evidence. We are coming to the Dispatch Box with an open heart, and I hope that it is acknowledged across the House that that has been our approach throughout the Bill proceedings. I do not know whether she has had a chance to read the report that we published last week into the work that the Home Office has done. There has been some very good work by charities, through the tampon tax funding and so on, but we are unable to put in the figures that we need to in order to undertake the sort of reform that she is urging upon us. We must have the data to ensure that anything that we are putting forward in the longer term best meets the needs of victims and is sustainable.

A person who comes to this country on, for example, a six-month visitor visa falls under one of the categories that one of the witnesses gave evidence to the Joint Committee on, in the evidence that was given to us as part of this review—the Southall Black Sisters. The right hon. Lady will know that people on visitor visas, who may be here for six months, will have made representations to the Home Office specifically on their financial circumstances, and we want to ensure that we can treat such people fairly and give them access to the help that they need. It is why we are very keen to focus on support rather than to follow the urgings of others that we deal with immigration status before we look at support. We want to help these victims to access help first and foremost as victims.

The pilot programme is to determine how we ensure that victims can obtain immediate access to support, and that any future strategy meets the immediate needs of victims and is fit for purpose. Support for migrant victims is a very important issue for all of us. We recognise that, which is why we are committed to launching the pilot project as quickly as possible. We are currently reviewing the options for implementing the pilot and expect to make further announcements in the summer, ahead of its launch in the autumn. We must resist the urge to act before we have the evidence on which to base comprehensive proposals, to ensure that measures are appropriate.

As I say, I want to give plenty of time to Members to debate the Bill at this important stage of its scrutiny. Before I do, I thank hon. Members—I hope I do not speak too soon—for the very constructive, collegiate approach we have taken, all of us, on this Bill. I know some very different viewpoints may be held on particular issues that will be debated in this Chamber this afternoon, but I know that the House will keep at the forefront of its mind that we are debating this Bill because we all want to help victims of domestic abuse and we all want the abuse to stop.

[Mr Deputy Speaker (Mr Nigel Evans)]

As the Minister has said, there is a lot of interest, not surprisingly, in wanting to take part in this debate. For the first four non-Government contributors, I will allow seven minutes, and thereafter the limit will be five minutes. Even with that, I am afraid not everybody is going to get in.

--- Later in debate ---

I turn to an issue on which I seek specific reassurance from the Minister—new clause 28, which I am sure will be debated at length today. I have a great deal of respect for the hon. Member for Kingston upon Hull North (Dame Diana Johnson), but my view is that this Bill is simply not the right place for that debate. It would permit different treatment for women who were victims of abuse from that of other women. It would potentially require clinicians, over a telephone consultation, to determine whether a patient was a victim of abuse, possibly opening up those clinicians to subsequent legal challenge. I do believe that we must return to this issue in this House—we must have a thorough and full debate on abortion rights—but today is not the time to do so.

[Victoria Atkins]

My right hon. Friend knows that in recent days a range of views have been expressed, including by two Royal Colleges, on new clause 28 and what it seeks to achieve. Indeed, there are difficulties with the new clause. The Government therefore consider that the right way forward is to undertake a public consultation on whether to make permanent the current covid-19 measure allowing for home use of early medical abortion pills up to 10 weeks’ gestation for all eligible women. Does that reassure her?

[Caroline Nokes]

I thank my hon. Friend for that commitment and look forward to the consultation coming forward. It is important that we have the opportunity to look further at how these emergency regulations have worked during the period of covid and that we understand how they can assist women. I am sure that my right hon. and learned Friend the Lord Chancellor will say something about this in his closing comments. I do not know whether the appropriate place is via new legislation or via the consultation that my hon. Friend referred to, but there is clearly a real need for debate and for this House to be able to express its view and understand the issue thoroughly.

The hon. Member for Birmingham, Yardley (Jess Phillips) spoke with her usual forcefulness, and she will know that I have found common ground with much of what she said. I welcome her support for the broad direction of the Bill. I also welcome her comments about the need for us to find a mechanism to support migrant women who are the victims of domestic abuse. I have said this previously in the Chamber and I have no doubt that I will say it again. I vividly recall sitting around a table with my hon. Friend the Minister; my hon. Friend the Member for Charnwood (Edward Argar), who was then in the Ministry of Justice; the noble Baroness Williams, who I think was the Victims Minister; Southall Black Sisters and other charities; and the hon. Member for Birmingham, Yardley, who I always regard as an expert on these matters. There was consensus around the room that we have to find a way to treat the migrant victims of domestic abuse as victims first. I am sure that there are differences of opinion—as there were in the room that day—as to how we best do that. I very much hope that the pilot projects of which my hon. Friend the Minister has spoken will be able to provide us with the data that we need so that we can find a long-term, enduring solution to help, and help effectively, victims of domestic abuse who are here perhaps with no legal public funds or with insecure immigration status that means they are dependent on their partner for their right to be in the UK.

Whether it is the much-needed changes that are to be introduced in respect of the family courts—I welcome new clauses 16, 17 and 18—or other measures, it is crucial that we find a way to make our court system support the victims of domestic abuse. We must find a mechanism whereby it supports the children who might otherwise be obliged to come into contact with perpetrators. I welcome the fact that we are moving to a position wherein the legal process will no longer be able to perpetuate abuse.

My hon. Friend the Minister has worked hard on the Bill, and I welcome the changes that have been introduced. I commend her for having made such enormous progress. It has been a difficult journey for a Bill much delayed. We are not there yet, but I sincerely hope that our noble Friends in the other place do not delay the process much further. I commend my hon. Friend her for her very hard work.

--- Later in debate ---

[Fiona Bruce]

I will come on to that; I thank the hon. Gentleman for his contribution.

I want to quote someone who works regularly with victims of domestic abuse. She says:

“This proposal in reality is actually a gift to male abusers who want their partners to abort.”

New clause 28 will not help abused women. It could put them in a worse position, and it is dysfunctional. I tabled amendments (a), (b) and (c) to illustrate that fact. I want to thank the hon. Member for Belfast East (Gavin Robinson) and my right hon. Friends the Members for Basingstoke (Mrs Miller) and for Gainsborough (Sir Edward Leigh) for underlining and accepting that. Amendments (a) and (b) address the fact that there is no 10-week gestation limit, which is potentially dangerous, and that this potentially includes surgical abortions outside clinically approved settings, which is similarly concerning. Amendment (c) relates to the vital need for some sort of review of the current emergency legislation before any extension of the legislation is brought forward. I thank the Minister for her proposal of a consultation. Will she confirm that it will be a proper inquiry?

[Victoria Atkins]

I emphasise that the Government are neutral on the very sensitive topic of abortion, but I hope that my hon. Friend and others across the House who hold a range of views—genuine views—on this topic will take comfort from the fact that the Government intend to launch a public consultation, as I outlined in my earlier intervention, and I thank her for her work.

[Fiona Bruce]

I thank the Minister for that. On that basis, I will not press amendment (c) to a vote, and nor will I press amendments (a) and (b), because they have achieved their purpose, which was to point out the flaws of new clause 28.

Mr Speaker has—quite rightly, for constitutional reasons—ruled new clause 29 as out of scope. This is a domestic abuse Bill; it should not be hijacked by those continuously campaigning on another issue and constantly looking for opportunities in this place to add badly worded amendments to Bills with unforeseen implications and complications.

We have already seen the outcome of such an approach with the Northern Ireland (Executive Formation etc) Act 2019. This House should, I hope, be very wary of repeating that. I support the Government’s endeavours to tackle domestic abuse: let us ensure that that is the focus of this Bill.

--- Later in debate ---

One in four women experience domestic abuse in their lifetime. Two women a week are killed at the hands of their partner or ex-partner. Three women a week die by suicide as a result of the abuse they have experienced. Two million people experience domestic abuse in England and Wales every year. I make no apology for restating those shocking statistics, but let them remind us all why we are here. With a strong Domestic Abuse Bill, strengthened on Report, we will be able to prove that inaction, apathy and ignorance will finally come to an end once and for all.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is fair to say there were moments in the past two and a half years where I did not quite believe that I would be able to stand at the Dispatch Box and deliver the winding-up of the Bill’s Report stage, so it is a genuine pleasure to be here doing exactly that.

We have seen extraordinary contributions from across the House, not just in this debate but over the history of this Bill and its progress through Parliament. We have heard from Members who have bravely given their own experiences of the abuse they themselves suffered, whether that was the hon. Member for Canterbury (Rosie Duffield), who moved us all on Second Reading in October last year or, indeed, my hon. Friend the Member for Bolsover (Mark Fletcher), who brought to the Chamber his own experiences as a child living in an abusive household. Those are but two examples; there are, sadly, many, many more examples we have heard, both through the direct experience of colleagues, but also through the experiences we have all tried to bring into the Chamber.

There are people we know as soon as their names are said—names such as Clare, Rachel and Holly. We know their stories. If one thing can be drawn from today’s debate and the progress of this Bill, it is that we do not just talk about them and the experiences they endured and the experiences that were forced on them, but that we talk about the legacy their lives have had. Their legacy is written throughout this Bill.

As the Minister, I have to, of course, try to respond to the many points that have been made in the debate, and I apologise that I simply will not be able to do so. To give some indication of just how much cross-Government working there has been on the Bill, as well as the work in Parliament, there are now seven Departments—and counting—working on it. During briefing sessions for the Committee sage, the officials briefing me had to have a queueing system because they could not all fit on a conference call. That gives an idea of how many people have been involved in the Bill, and I thank each and every one of them, because I will not have the honour of doing so on Third Reading.

I will jump now to some of the substance of today’s debate. The hon. Member for Birmingham, Yardley (Jess Phillips) and many Opposition Members, as well as my right hon. Friends the Members for Maidenhead (Mrs May) and for Basingstoke (Mrs Miller) and the hon. Member for Edinburgh West (Christine Jardine), raised—understandably and rightly—support for migrant victims. I reiterate the Government’s commitment to helping victims and to the support for migrant victims scheme, which I announced on Second Reading. We expect to make announcements in the summer about this. We will be working with charities. We are working with the domestic abuse commissioner—I spoke to her about this only on Friday. We want this scheme to have the trust and involvement of everyone who is as concerned about migrant victims as we are. We are aiming to publish the framework of the scheme ahead of Lords Second Reading, and we very much hope that everyone will feel able to support it.

[Jess Phillips]

If the approximately 3,630 women who we imagine might want to access this scheme a year breaches the £1.5 million that the Government have allocated, will the Government turn people away, or will they make more funds available?

[Victoria Atkins]

The hon. Lady has rather set out the problem we have, which is measuring the number of women. She will know that we already help around 2,500 women under the DDVC. She will also be aware that, alongside the pilot project, we have the tampon tax funding, which is continuing. I very much see the two schemes running in tandem.

The hon. Member for Edinburgh West has tabled new clause 27, which concerns the firewall. She will know that the police are facing a super-complaint relating to police data sharing for immigration purposes and that there is a judicial review outstanding. Obviously, we have to wait for those cases, but in the meantime we are working with the National Police Chiefs’ Council to ensure that the guidance it issues does the job that is required, so I ask her not to press the new clause.

Members across the House dealt with new clause 23. We all want to support domestic abuse victims and their children, regardless of where they reside. We must, however, ensure that any new statutory duties are properly considered, costed and robust. The new duty on tier 1 local authorities in part 4 of the Bill is the product of extensive consultation and engagement with local authorities and sector organisations. The same cannot be said of new clause 23. The Government are committed to gathering this evidence, and I am grateful to the domestic abuse commissioner for agreeing to lead an in-depth investigation on this. We have to be able to understand where services are and are not provided, to identify best practice and to consult fully with our charities, local authorities and other important parties before considering any statutory commitments. Any new duty must also be properly costed, taking into account existing provision. We expect the commissioner to set out her recommendations in a report under clause 7, and as those who have been following closely will know, we and others will then have 56 days in which to respond. We will act on this, and we will respond promptly.

[Chris Bryant]

Will the Minister give way?

[Victoria Atkins]

If I may, I will make some progress.

The hon. Member for Birmingham, Yardley in particular raised new clause 24, and she urged us to act on this—we are doing so. Alongside publishing the family harms panel report, we published the Government’s implementation plan for that report. The Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), is acting on the advice of the panel, which gave careful consideration to the issue of the presumption of contact. The panel concluded that an urgent review of the presumption should be undertaken—it did not conclude that we should legislate immediately. My hon. Friend is beginning this work. He is convening the Family Justice Board this month, and we hope and anticipate that this work will be completed by the end of the year. We share the sense of urgency, and we will act on it.

The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Chair of the Home Affairs Committee, raised new clauses 32 and 33, and new clause 21 has also been raised during the debate. On new clause 21, there was compelling testimony from several witnesses who gave evidence in Committee against the introduction of a separate register, as proposed in new clause 21, because that might diminish, rather than increase, safety. However, we are very conscious of the concerns that the right hon. Lady and others have raised.

We continue to work to keep the effectiveness of risk management processes under regular review, as well as to modify the processes in accordance with emerging evidence and good practice. For example, the College of Policing is testing a revised domestic abuse risk assessment process, with a view to rolling out an improved model across all police forces. Individual forces are also trialling enhanced risk assessment models, and there will be an evaluation of the new stalking protection orders as well. So there is work to be done, and we will very much keep it under review.

My right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Basingstoke both raised important cases of threats to disclose—indeed, my hon. Friend the Member for Rushcliffe (Ruth Edwards) raised this as well—and we very much understand their concerns. Threats to disclose, regardless of the connection between the offender and the victim, can in many circumstances already be captured by a range of offences. However, the Law Commission is conducting a review of the law relating to the non-consensual taking and sharing of intimate images with a view to assessing the currency of the law. In the meantime, we are working with the College of Policing to ensure that the police have all the information they need to make the right charges and arrests, where appropriate.

[Chris Bryant]

Will the Minister give way?

[Victoria Atkins]

I will in a moment, if I may.

The hon. Member for Kingston upon Hull North (Dame Diana Johnson) introduced new clause 28, and may I thank the House for its thoughtful consideration of this new clause? As I set out earlier, the Government consider that the right way forward is to undertake a public consultation on whether to make permanent the current covid-19 measure allowing for home use of early medical abortion pills up to 10 weeks’ gestation for all eligible women. In answer to the question she asked earlier, I can confirm that we will keep the current covid-19 measures in place until the public consultation concludes and a decision has been made. I understand that the hon. Lady has been good enough to indicate that, in those circumstances, she will not push the new clause to a vote. I thank her and other Members for their consideration and their responses.

Very quickly, my hon. Friend the Member for Congleton (Fiona Bruce) and my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) raised important issues regarding research. As Minister for Women, I commissioned research into the impact of pornography on attitudes towards women and girls. This research is to be published soon, so I invite my hon. Friend and other hon. Members who are concerned about this to save their fire for the online harms White Paper and the research that will be published. Again, of course the Government will keep under review the concerns that my right hon. Friend raised in relation to the circumstances of domestic abuse.

[Chris Bryant]

rose—

[Victoria Atkins]

I know that the hon. Gentleman wants to intervene—very quickly.

[Chris Bryant]

The Minister knows perfectly well that I do not want to divide the House on my amendments, because I want the whole of the House to be supporting women who have suffered acquired brain injury. Will she simply guarantee that she will meet me and other Members of the group before this goes to the House of Lords so that we can clear up any misunderstandings there may have been?

[Victoria Atkins]

Yes. I am extremely grateful to the hon. Gentleman.

If I may, I am going to gallop to the finish. I thank all hon. Members for their contributions—whether remotely, or they are not even here at all—such as those of the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friends the Members for Wyre Forest (Mark Garnier) and for Newbury (Laura Farris), who talked so movingly and rightly about the consequences of the rough sex provisions.

May I sum up by saying that this Bill is not just for the victims that we have heard about in this Chamber? It is for the victims that we have not been able to help in the past and it is for preventing the harm to victims in the future, including children, that we bring this Bill forward. This is a Bill in which we can all take pride. We are doing some great work with this, and I thank each and every hon. Member for their help in getting us to this stage.

--- Later in debate ---

21:01

Division 72

Ayes: 207

---

Labour: 183
Liberal Democrat: 11
Democratic Unionist Party: 8
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1

Noes: 330

---

Conservative: 331

The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.

--- Later in debate ---

21:17

Division 73

Ayes: 200

---

Labour: 183
Liberal Democrat: 11
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alliance: 1
Green Party: 1
Democratic Unionist Party: 1

Noes: 338

---

Conservative: 330
Democratic Unionist Party: 6

The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.

--- Later in debate ---

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

I beg to move, That the Bill be now read the Third time.

It is a real pleasure to have made it to the first Third Reading of this Bill. As the hon. Member for Birmingham, Yardley (Jess Phillips) and I were reminding ourselves, there were two Second Reading debates, and the fact that we have reached Third Reading is a significant milestone not just in the history of the Bill, but for the millions of people who have either suffered in silence or who have had their stories told, either here or to courts and other proceedings up and down our country.

The passing of this Bill by the House marks an important milestone in our shared endeavour to provide better support and protection for the victims of domestic abuse and their children. It is the culmination of over three years of work and I again pay tribute, in particular, to my right hon. Friend the Member for Maidenhead (Mrs May) for championing this Bill, as well as to all right hon. and hon. Members who have contributed. We know that this Bill went through a draft Bill procedure —one that I commend and support in particular in this instance, because the prelegislative scrutiny that was undertaken by my right hon. Friend the Member for Basingstoke (Mrs Miller) and her colleagues in that Joint Committee made it clear and ensured that this Bill, as it came to the House, was already in a strong state.

The Bill was improved during the course of debate. It was scrutinised properly in Committee. I am grateful to the Committee members of all parties, who not only did their duty but threw themselves into the process with enthusiasm, vigour and purpose. It shows that, contrary to how some of the commentariat often scoff at the Committee process in this House, the process is not only alive and well but working well. That is a vote of confidence in a vital part of line-by-line scrutiny

The Bill now expressly recognises the devastating impact of domestic abuse on the lives of children growing up in a household where one parent is being abused by another. Such children are also the victims, and it is right that the Bill recognises that, allowing them to gain better access to the protection and support they need.

During the passage of the Bill, we have also strengthened protection for victims in court. No victim of domestic abuse should be re-traumatised as a result of being subjected to cross-examination in court by their abuser. Such cross-examination in person is already prohibited in the criminal courts, and the Bill now extends that protection to the family and civil courts.

We must also do everything we can to enable the victims of domestic abuse to give their best evidence in court. That might mean, for example, giving evidence from behind a screen or via a video link. Again, that principle should apply in all court proceedings. As a result of an amendment, we now have automatic eligibility for special measures in criminal, family and civil proceedings.

We have also delivered on our commitment to make the law crystal clear in relation to the so-called rough sex defence. We now have it enshrined in statute that no one can consent to serious harm, or indeed their own death, for the purposes of sexual gratification. I join in commendation of the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), both of whom have met me on several occasions to discuss these matters and to whom I am grateful, and, most importantly, the family of Natalie Connolly, who have assiduously campaigned on this issue.

[Fiona Bruce]

I raised on Report the link between rough sex and pornography, with recent surveys indicating that there is indeed a link. Would the Secretary of State be good enough to give a little more information on the assurance I sought that the Government would take early action to address concerns about harms resulting from pornography?

[Robert Buckland]

I am grateful to my hon. Friend for the way in which she brought the issue to the debate via her amendment and the constructive approach she has consistently taken. Yes, I can give her that assurance, which will come in several forms. Research is being done by the Government Equalities Office on this sensitive and important issue. That will be published soon, and through legislation and the online harms policy, which my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport is responsible for, we have again a vital opportunity for early action to deal with the issue she rightly raises.

The Bill has been a prime example of how the Government, parliamentarians and campaigners have come together to identify an area where the law falls short and done something about it, yet we recognise that, in relation to a number of other issues, there is still more to be done. The recent publication of the report by the expert panel on harm in the family courts and the Government’s implementation plan affords, I think, a unique opportunity for the family justice system to reform how it manages private family law cases involving children. I put on record my own personal commitment to the process. That report was uncompromising, it made for difficult reading and it was critical, but I felt strongly that it had to be published, warts and all, because if we are going to deal with this problem, we have to be honest about the failures of the past, and through that process of honest assessment come up with something better. We owe it to the families who look to the court as a place of resolution rather than a place of further abuse, strife, hurt and horror.

The panel received more than 1,200 submissions of evidence and the report provides significant insight into the experience of victims of domestic abuse in family courts. It is a launch pad for the actions that we are going to take to better protect and support children and domestic abuse victims throughout private family law proceedings. There is more work to be done, because I strongly believe that although the adversarial principle is an important one and serves to advance the interests of justice in many settings, in private family law proceedings in particular we have to look for a better way to resolve the issues and to achieve a higher degree of justice for everybody involved, not least the children whose voices must be heard and who, despite the best efforts of the Children Act of 30 years ago, still do not necessarily get their voices heard in the way that we owe it to them to allow.

[Sir John Hayes]

While my right hon. and learned Friend is in the mood to concede and be generous, might I ask him to look again at the issue of maximum and minimum sentences? He is of course right that during legal proceedings victims should be treated with the respect and regard that they deserve, but once people are convicted, there needs to be exemplary sentences—there needs to be just deserts. Will he look at that issue through the prism of the new clause that I tabled, which I have no doubt inspired and impressed him?

[Robert Buckland]

My right hon. Friend he tempts me into new territory. As the Government and I develop a White Paper on sentencing reform that will be published later in the year, we will have ample opportunity to engage properly on such issues. My right hon. Friend knows that I come to this role with, shall we say, a little bit of form on the issue of sentencing and a long experience in it, and I want to use that White Paper as the opportunity to set something clear, firm and understandable that will only increase public confidence in the sentencing system in England and Wales.

Before I move on to the question of migrant victims, I pause to pay warm tribute to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and, indeed, to the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), who is part of my ministerial team at the Ministry of Justice. Together, they did not just do their duty, but did it with zeal, passion and a deep commitment to the issues. I know that that commitment is shared by Opposition spokesmen, too, and pay tribute to them for their assiduous work on this issue. True cross-party co-operation can move mountains, and this Bill is an emblematic example of that important principle.

Let me return to the important issue of migrant victims of domestic abuse and the review that has been conducted. We acknowledge that more needs to be done to support migrant victims who do not qualify under the destitute domestic violence concession or other mechanisms—that is very clear—but we do need to assess precisely that need, as outlined by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle. That is why the £1.5 million pilot scheme that is to be launched later in the year will provide support additional to the mechanisms that have already been discussed. It will also provide the evidence necessary to help to inform decisions about a long-term solution.

The provision of better protection and support for victims of domestic abuse and their children is at the very heart of the Bill. In the first Second Reading debate —on the previous version of the Bill—I told my own story about being a young barrister dealing with a domestic abuse case, one of many that were dealt with somewhat differently, shall we say, in those days from how they are dealt with now. That does not necessarily mean that we should be complacent about where we have come to with regards to how we deal with domestic violence, but it is right to say that if the phrase “It’s only a domestic” has not previously been consigned to the history books, this Bill will make sure that it is. We owe it to the 2.4 million victims a year to ensure that the justice system and local support services work better for them.

[Mrs May]

I am grateful to my right hon. and learned Friend for the kind remarks he made earlier. He has just outlined the importance of this Bill. Will the Government do everything they can to ensure that, in timetabling it through the other place, it is given the priority it needs to ensure that we can get it on the statute book as soon as possible?

[Robert Buckland]

I am grateful to my right hon. Friend, and with alacrity I give her that undertaking. I know that my colleagues in the other place will share the same ambition that we have here, and I will work with them to make sure that the Bill makes its proper passage through that House so that we can give it the Royal Assent that we all want it to attain.

Ultimately, we all just want the abuse to stop, but in the meantime we must, and we will, do everything we can to protect vulnerable people, to protect victims and their children, and to offer them the safety and support they so desperately need and deserve. I commend this Bill to the House.

--- Later in debate ---

[Yvette Cooper]

In the last few minutes remaining, I want to thank the Government for bringing forward this important Bill and for listening. I thank Ministers and the Labour shadow Front-Bench Members, who have been such passionate advocates for improvements to the Bill. I also thank Members across the House who have tabled important amendments, proposals and reforms, and have very much come together in the kind of cross-party spirit that we would expect in dealing with such a terrible crime—a crime that destroys lives and haunts children’s futures for very many years to come.

We have already come a long way since the Home Affairs Committee’s report on domestic abuse two years ago, and since I raised with the former Home Secretary, the right hon. Member for Maidenhead (Mrs May), questions about having a domestic abuse commissioner back in—I think—2012. We have seen great progress as a result of cross-party working and the decisions that the Government have taken to put these measures into practice. We all owe thanks to the many organisations that work so tirelessly every single day to support domestic abuse victims right across the country and to rescue families, put lives back together and give people a future.

I join the tributes to my hon. Friend the Member for Canterbury (Rosie Duffield). Her words and her bravery in speaking out have already provided great comfort and growing confidence to many other people across the country who have experienced something similar. Her reaching out and saying, “You are not alone”, has been extremely powerful.

We also need to think with some humility about what happens next. Although we may have come together and agreed legislation, legislation does not solve everything. This is not just about how legislation is used, but about how Government policies work, how partnerships work and how things happen right across the country. That humility should be even greater at this moment, because we have come together to say how important this legislation is at the same time that domestic abuse has been rising during the coronavirus crisis. It is to all those who are still suffering that we owe an ever greater commitment to help them and to rebuild their lives.

[Robert Buckland]

On a point of order, Madam Deputy Speaker. I want to place on the record my thanks to all the officials who have laboured very hard in both the Home Office and the Ministry of Justice on this matter, and I seek your guidance on how to do so.

[Madam Deputy Speaker (Dame Eleanor Laing)]

As the most brilliant lawyer in the Chamber—[Interruption.] —in the House, the Lord Chancellor has made his point perfectly. Rarely have I seen a Bill with such co-operation from everyone right across the House, wonderfully worked on by the Clerks, and rarely have I seen a Third Reading conclude with everybody so satisfied and pleased at the result.

Question put and agreed to.

Bill accordingly read the Third time and passed.