Istanbul Convention: Article 59

Tuesday 12th November 2024 Lords Chamber

Question

14:48

Asked by

[Baroness Gale]

To ask His Majesty’s Government whether they plan to remove the reservation on Article 59 of the Istanbul Convention relating to the residence status of victims of domestic abuse.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

Tackling violence against women and girls is a top priority for the Government. Our mission is to halve levels of violence against women and girls within a decade. We are reviewing all the issues impacting migrant victims of domestic abuse in the round, including a review on whether it is appropriate to maintain our reservation on Article 59 of the convention.

[Baroness Gale (Lab)]

I thank my noble friend the Minister for that Answer but I am a little disappointed. If he is saying that there will be a review, can he say how long it will take and what its consequences will be? He cannot answer those questions yet, obviously, but I hope that it will recommend that Article 59 be removed because, in the meantime, migrant women are in a very difficult position if they are in an abusive relationship. They are afraid to leave the relationship in case they lose their migrant status or their children. No woman should have to put up with that. I hope that he will take this into account and get the review done as soon as possible.

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend for her comments and hate to disappoint her. I hope that I can reassure her that when the previous Government made the original reservation against Article 59, they did commit to evaluate findings of the support for migrant victims scheme pilot, to inform future decisions. That pilot was completed in August 2023. Funding for the scheme has been extended to 2025. We want migrant victims to be treated as victims first and foremost so we are reviewing this. However, the reservation will be maintained until that review is complete, which I hope will be very shortly.

[Baroness Hussein-Ece (LD)]

My Lords, while welcoming the Minister saying that there will be a review, I share the concerns of the noble Baroness, Lady Gale, who has raised this on many occasions. It is surely right to allow victims of domestic violence, often when the perpetrator has control of their documents, to leave the relationship without losing their residential status. Surely there is plenty of well-documented evidence. He needs only to read Hansard on all the debates that we have had here in your Lordships’ House to inform his review. Will he do that?

[Lord Hanson of Flint (Lab)]

Of course. My ministerial colleague Jess Phillips in the House of Commons is undertaking this review as we speak in relation to the services and support. I remind noble Lords across the House that we are four months into the Government. The previous Government committed themselves to a formal review. The evaluation of that review is taking place. We are examining that now in view of the representations not just in this House but in a wider context, against the derogation of Article 59. We will review that in due course.

[Baroness Sugg (Con)]

My Lords, I am pleased that the previous Government finally ratified the convention in 2022, albeit with some reservations. The convention highlights the importance of prevention through education and awareness. What steps are the Government taking to incorporate education on gender-based violence and healthy relationships in schools and public campaigns, and how will they measure the impacts of those initiatives?

[Lord Hanson of Flint (Lab)]

The Government have a very strong strategy for a mission against violence against women and girls. There are a number of points in that plan but one of its key elements is how we can raise education in schools, particularly for young males and against some role models that now appear on social media and elsewhere. It is an extremely important question that we are trying to evaluate and take forward shortly as part of the plan to halve violence against women and girls. I hope that the noble Baroness can then comment on it and help to support the Government in implementing it.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, will my noble friend take steps to talk to the Ministers for Justice in the devolved nations and regions—particularly Northern Ireland, where there have been growing levels of femicide? These have been particularly marked in the last few weeks, when a number of young ladies have been murdered and other women are now afraid to walk the streets. In that regard, will my noble friend talk to the appropriate Ministers in the devolved nations and regions about mitigation measures to safeguard women in the home and the wider environment?

[Lord Hanson of Flint (Lab)]

It should be a fundamental right of women to walk the streets free of fear and free of potential abuse or violence of the seriousness of murder, which my noble friend mentioned. We are discussing very closely with the devolved Administrations how we can resolve the problem and meet the challenge that the Government have set of halving violence against women and girls. The Minister for Safeguarding and Violence Against Women and Girls, Jess Phillips, will meet the Northern Ireland Ministers and, while respecting their devolved role, will encourage them to ensure that we tackle this issue on a joint basis.

[Lord Davies of Gower (Con)]

My Lords, under the previous Conservative Government, we passed the landmark Domestic Abuse Act 2021. If I may, I suggest that the Government should now build on our work to tackle this issue. In that context, can the Minister tell us what is being done by the Government on the wider issue of combating domestic abuse, both here in the UK and abroad?

[Lord Hanson of Flint (Lab)]

I welcome the noble Lord to his post as a shadow Home Affairs Minister. I have been here for only four months, but I already feel like a veteran. It is a pleasure to see him on the Front Bench. He will know that the Labour manifesto, which is now the Government’s manifesto for change, included a number of key points on tackling violence against women and girls. We have set an ambitious target to halve that violence against women and girls over the course of this Parliament. That includes help and support for police officers and for individuals who are victims of violence, and the issues to do with education mentioned by the noble Baroness, Lady Sugg, a moment ago. We will be judged on that target in the course of the programme the Government have set.

[The Lord Bishop of Gloucester]

My Lords, data obtained by the Domestic Abuse Commissioner in 2023 revealed that all 43 police forces across England and Wales had shared information about victims and survivors of domestic abuse with immigration enforcement. Do the Government intend to tackle this practice by introducing a firewall?

[Lord Hanson of Flint (Lab)]

I think this is important. On the firewall between police and immigration not being implemented, I put it to the right reverend Prelate that an external firewall would not necessarily prevent the perpetrator or any anonymous third party informing immigration enforcement about the victim’s immigration status. However, it would impact law enforcement agencies’ ability to investigate crimes. I hear what she says, and that issue will be reviewed by my honourable friend in the House of Commons as part of this general review.

[Lord Kerr of Kinlochard (CB)]

My Lords, the question asked by the noble Baroness, Lady Gale, was about our reservation on the Istanbul convention, and the Minister’s answer was that the reservation still stands. As long as it stands, we are telling the world that women fleeing domestic abuse have to be turned away at refuges unless they can prove that they have a right of access to public funds. That is shocking. I am glad to hear that the Minister is conducting a review or evaluating the review set up at the urging of the International Agreements Committee of this House under the previous Government. Will he bring that review to a speedy conclusion so that we can remove this slur of our reservation on the Istanbul convention?

[Lord Hanson of Flint (Lab)]

I hear what the noble Lord has powerfully mentioned. As I have indicated, a review is being undertaken by my honourable friend the Minister for Safeguarding and Violence Against Women and Girls, Jess Phillips, in the House of Commons. That review will be completed in short order, I hope, and I will be able to report its outcome back to this House in due course. I fully understand the passion with which the noble Lord speaks.

[Lord Meston (CB)]

My Lords, it is well known that uncertainty about immigration status can be exploited by those wanting to continue to restrict and control a partner or former partner, so it is welcome that we now have some clarification about our compliance with the obligations under Article 59. The article is not open to abuse or misuse: it is confined by its terms to those in particularly difficult circumstances. In view of what the Minister has said, can he also confirm what will happen when the reservation, which was originally time limited, and I think remains so, expires?

[Lord Hanson of Flint (Lab)]

The question of the expiry of Article 59 is part of the review. I find myself in the difficult position of repeating myself: a review is being undertaken and its outcome will be reported back to this House in due course, and a decision will be taken by the Government to maintain the previous Government’s reservation or change it. I am not in a position today to inform the House of the outcome of that review.