Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Amendment) Order 2024

Alex Davies-Jones Excerpts

Wednesday 8th May 2024 General Committees

[Alex Davies-Jones (Pontypridd) (Lab)]

It is a pleasure to serve under your chairship, Mr Twigg. I am grateful to the Minister for introducing this order. It is the latest step towards amending current legislation to give full effect to the Domestic Abuse Act 2021, and it is welcome. The Opposition also welcome the pilot in the areas listed by the Minister, and we look forward to seeing the effects of that; hopefully, it can be rolled out across the UK.

I do, however, have some concerns about the current use of legal aid and the victim-survivor experience that I hope the Minister will look into while he is considering this. Only last week, while speaking with independent domestic violence advisers and independent sexual violence advisers—IDVAs and ISVAs—in my constituency of Pontypridd, I was informed of the way in which legal aid is currently being applied, and I was utterly horrified. I heard examples of court-mandated drug tests for the perpetrators being taken out of the victim’s legal aid budget. I heard of survivors having to use legal aid to pay for copies of their own victim impact statement, and I heard of victims who had to fund their own special measures granted in the court. It cannot be reasonable for them to have to sacrifice these vital funds simply to limit the traumatisation process and access their rights as a victim-survivor. This should not be happening.

Although the expansion of legal aid is welcome, when it is finally granted, which can be a challenge in itself, there is concern that there are not enough professionals seeking to take up these cases. We have heard from victim-survivors who are unable to get a solicitor who wants to take their case because it is simply not worth their while. What are the Government doing to ensure that victims have adequate representation, that these cases are taken up by legal professionals, and that we have adequate solicitors and barristers to take them forward? Can the Minister assure me that once these changes go through, he will consider carefully the legal aid system as a whole? We have been waiting far too long. The sector has urged me to place on record its frustrations with the need to update the current status quo. It is not just that it needs to be kept in line with the current legislation—it needs to be fit for purpose. From listening to victim-survivors, I know that it is not.

As has been acknowledged by the Minister, this draft order seeks to implement a change to the current legislation that is required as a result of the Domestic Abuse Act, and the Opposition therefore have no reason to oppose it.

Oral Answers to Questions

Alex Davies-Jones Excerpts

Tuesday 26th March 2024 Commons Chamber

[Alex Chalk]

I am proud that, since 2010, the number of people prosecuted for rape is up 32%, sentences are around 40% longer and the proportion of those sentences spent in custody has increased. We are determined to do everything possible to send a clear message that addressing serious sexual offending is a priority for this Government. We will clamp down on it, and those who perpetrate this vile crime can expect the punishment they deserve.

[Alex Davies-Jones (Pontypridd) (Lab)]

T8. The Strategic Litigation Against Public Participation Bill, which was tabled by my hon. Friend the Member for Caerphilly (Wayne David) and which the Government now support, is a great opportunity to tackle pernicious lawsuits that seek to silence journalists, campaigners and even sexual assault survivors, but two key deficiencies—the overly subjective test and the narrow definition of public interest—mean that anti-SLAPP campaigners tell me that they simply cannot support the Bill in its current form. Ahead of the important Committee stage, will the Lord Chancellor commit to looking at the amendment suggested by the News Media Association and meet me to address its concerns so that the Bill becomes fit for purpose?

[Alex Chalk]

I am grateful to the hon. Lady for raising this important issue. I am aware of the issues that have been raised. There is plainly a delicate balance to strike. It is incredibly important that individuals can access the courts to get a remedy in appropriate cases, and we want to make sure that the balance is properly struck. We will consider the amendment with care, as I have with the Secretary of State for Culture, Media and Sport. If the hon. Lady wants to make representations to me, I will listen to them very carefully.

Oral Answers to Questions

Alex Davies-Jones Excerpts

Tuesday 27th June 2023 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

10. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[Alex Davies-Jones (Pontypridd) (Lab)]

12. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[Liz Twist (Blaydon) (Lab)]

20. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

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[Alex Chalk]

What we are not going to do is come up with statistics that are completely untrue. This is incredibly important, because people listen to what the hon. Lady has to say and it is simply wrong to send a message out that people are not being prosecuted. Let me make one thing crystal clear: more people have been prosecuted for rape in the last year for which statistics are available than was the case in the last year of a Labour Government. That is an important point. If I may, I will read out something so that she understands this, because people are getting justice all the time. It relates to one of the new Nightingale courts that we have set up, in Cirencester. Let me tell her what happened when two victims spoke out as their rapist had been sent to prison for 25 years recently. Victim B said:

“I would just like to say how happy I am with the whole criminal justice system. I wasn’t sure whether to go”—

to the police—

“due to being scared and thinking nobody would believe me. If there is anyone out there with the same situation I encourage them go forward as soon as possible”.

Of course there is more to do, but people are being convicted, people are being put on trial and rapists are being punished.

[Alex Davies-Jones]

The Domestic Abuse Act 2021 is vital. It finally introduced a full statutory definition of domestic abuse and banned the horrendous cross-examination of victims by their abusers. However, the Act also rolled out controversial polygraph lie detector testing of high-risk domestic abuse perpetrators. Will the Secretary of State meet me and other members of the all-party parliamentary group on perpetrators of domestic abuse to discuss our concerns that polygraphs are pure pseudoscience and have no place in otherwise vital legislation?

[Alex Chalk]

The hon. Lady raises an important and sensitive issue. She is right to say that polygraph results have to be handled with care. That said, that testing has been shown to be one of a number of important risk management tools in monitoring the compliance of high-risk sexual offenders with their licence conditions. In the way it is used by the probation service, polygraph is 80% to 90% reliable when indicating deception. However, she raises this important point and of course I would be happy to meet her to discuss it further.

Abortion: Offences against the Person Act

Alex Davies-Jones Excerpts

Thursday 15th June 2023 Commons Chamber

[Edward Argar]

The right hon. Gentleman will know that different approaches are taken across Europe—for example, the UK has a 24-week limit; in most European countries that is much lower, at 12, 13 or 14 weeks. There are differences of approach across European countries such as France. We are roughly in line with the Netherlands in terms of the time limit. I take his point, but there is genuinely a wide range of approaches across European countries on some of the specifics in this space.

[Alex Davies-Jones (Pontypridd) (Lab)]

In 2020, this House amended the law in Northern Ireland to remove the threat of criminal sanctions for any woman who attempted to end their own pregnancy. There is cross-party agreement in this place that more must be done to protect a woman’s right to abortion. I have great respect for the Minister, I have heard what he has said, and I understand that Parliament knew this would be the case when we established the different framework, but may I implore him to extend the same protections elsewhere in the UK so that no more women in desperate circumstances are ever threatened with prison again?

[Edward Argar]

The hon. Lady knows that, as well as having a huge amount of respect for her, I consider her a friend. I listen very carefully to what she says. I reiterate that Parliament was cognisant of the divergence when it made this decision. Of course, it is open to Parliament—if it so wishes at some point in the future—to change in the usual manner the framework in England and Wales. But that is not a matter for the Government; it is a matter for this House and a matter of conscience.

Legal Rights to Access Abortion

Alex Davies-Jones Excerpts

Monday 28th November 2022 Westminster Hall

[Alex Davies-Jones (Pontypridd) (Lab)]

It is a privilege to speak in this timely debate, which we greatly need. I want to put on record my thanks to my hon. Friend the Member for Gower (Tonia Antoniazzi), who is my good friend, for the tone in which she has led this debate. It is incredibly important and powerful, and she has led it with a great deal of respect and dignity. I also thank our petitioner Caitlin and everyone who signed the petition to bring forward the debate. I will keep my comments brief, mostly because I have already spoken at length about the need to keep abortion services available for all women.

Let us be clear: abortion is a basic healthcare right that must be available to all who seek it. We are extremely fortunate in this country to have an incredible NHS at the heart of our communities. Although it may be under severe strain at the moment—that is definitely a debate for another day—it is important that services such as abortion remain properly funded and fully accessible. As others have said, we only have to turn our eye to what is happening across the world, particularly in the United States of America and Poland, to see how easily the fundamental right of what is essentially healthcare can be rapidly dismantled.

We must also acknowledge that abortion is an extremely sensitive and emotive issue that engenders passionate views on both sides. It is vital that anyone considering an abortion receives impartial, non-directive and clinical information on pregnancy in order to make an informed choice. That is why I share the concerns of many signatories of this e-petition.

As the Government consider their position on all our civil liberties in the Bill of Rights, they must consider whether abortion rights are appropriate in that legislation. We all know the many reasons why an abortion might be sought; I do not need to list them. However, we must remind ourselves that behind every abortion is a woman with a story—often a complicated one, at that—and a choice. It is that choice that we are seeking to protect. That is why we cannot bring politics or judgment of any kind into decisions over healthcare availability.

Like colleagues from across the House, I am keen to hear from the Minister about his plans to enshrine abortion rights in UK law. If the Government decide not to bring forward this Bill, where would be the best legislative fit for us to enshrine those rights? We have discussed the need for it to happen. If this Bill is not the appropriate place, will the Minister clarify where exactly would be the best place for Members—hijackers—to settle this once and for all? We need to push for change. I also want to push the Minister to discuss with his Cabinet colleagues in the Department of Health when we can expect the women’s health strategy, because it is vital to ensure that women have access to safe abortions.

We are in the very sad position of needing to have our rights placed on the statute book in order for them to be valid. It should not have to be that way. I wish abortion was an option readily available to everyone everywhere who is seeking support, no matter their circumstances. I hope that the Minister can alleviate my concerns today. I look forward to working constructively with him and other Members across the House to ensure that abortion remains a top healthcare priority for this Government, and a human right. All women should be protected and ensured access to safe abortion.

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[Mr Rees-Mogg]

My right hon. Friend raises the question of the viability of life. The viability of life—when does that start, Sir Charles? When do you think a life becomes a fully independent created life? Perhaps my right hon. Friend thinks we should be like the ancient Romans in their treatment of the newborn baby. St Macrina rescued newborn babies who had been exposed in ancient Rome because their life was not viable without intervention and support. They were allowed to die, until the early Christians, who were thought to be peculiar for doing so, went and saved them. It was particularly the case, as it happens, with disabled babies. We know that the abortion laws we have allow for the full-term abortion of babies with minor disabilities, as my hon. Friend the Member for Congleton (Fiona Bruce) pointed out. This is the tragedy of abortion and its destruction of life. My right hon. Friend the Member for New Forest East wants to quibble about when life begins. I accept that this is perhaps more a theological question about what is the start of life, but that new embryo has the potential for life. It has been formed as a separate being that is separate and different from the parents from which it came.

[Alex Davies-Jones]

Does the right hon. Member agree that in cases such as fatal foetal abnormality syndrome or ectopic pregnancies, where the life of the woman would be put at risk, abortion is acceptable, or do those lives not matter?

[Mr Rees-Mogg]

The job of doctors is to save life. It is quite clear that an ectopic pregnancy that may threaten the life of the woman carrying the baby is a case where an intervention may be made to save the life of the woman. That is a perfectly traditional and acceptable understanding of how to maximise the saving of life, while not pretending that there is not life, because there is. There are two lives.

Rape: Criminal Prosecutions

Alex Davies-Jones Excerpts

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

The focus of Operation Soteria, the police technique of focusing on the suspect rather than on the witness’s credibility, is critical to the increased understanding that my hon. Friend talks about. He is right to say that when we talk about percentage increases and so on, it can take away from the individual person or people who have been so hurt and traumatised. If I can just translate this into English, from October to December last year, 467 people were convicted of a rape offence. That represents a 15% increase on the previous quarter. Those 467 people were convicted and sentenced by the courts, thereby protecting the public from their violent behaviour.

[Alex Davies-Jones (Pontypridd) (Lab)]

I would like to thank the right hon. Member for Basingstoke (Dame Maria Miller) for bringing forward this vital urgent question today, and to thank the Minister for her comments from the Dispatch Box and her update on what is happening. But given everything that is facing the Secretary of State—record court backlogs, appallingly low conviction rates for rape and women losing faith in the criminal justice system—is it not a bit odd that his main priority seems to be going on the media to defend the indefensible Prime Minister and overhauling human rights laws? What does that say about the priorities of this Government?

[Victoria Atkins]

I worked with the hon. Lady on the Domestic Abuse Bill and I know how committed she is to ensuring that victims of domestic abuse and sexual violence secure the justice they deserve. The whole of this Government are committed to this piece of work, from the very top. From the Prime Minister down, this is an absolute priority for the Government. I welcome scrutiny—I welcome hon. Members asking me questions at the Dispatch Box—but I also ask please that we acknowledge it when there are early signs of progress, precisely because I want to encourage victims to come forward and get the support they need.

Tackling Violence Against Women and Girls

Alex Davies-Jones Excerpts

Wednesday 2nd March 2022 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

This time last year, we met in this House and talked about the outpouring and sharing of stories of violence and harassment that women and girls were experiencing across the UK. Hon. Members shared their own experiences, talked about domestic abuse and the harassment that they had faced, and raised the concerns of their constituents, many of whom had personal experiences of violence. Across the country, women and girls, and men and boys, lit candles on their doorsteps and laid flowers.

My inbox was full of emails from constituents who wanted to share their stories and thoughts on violence against women and girls. More than ever before, I saw a real outpouring locally from young people, especially young women, who wanted to do something about male violence and who sadly already had their own stories to tell. We must ensure that those women are at the heart of our policy making, because their stories matter.

Before Christmas, I spoke at a white ribbon day vigil in Pontypridd where we were joined by a group of girls from a range of high schools in the area. They told me about the harassment that they had experienced walking around town and highlighted the myriad ways that they had been harassed online. They had all been sent unwanted nude pictures, some had been pressured to take pictures of themselves only to have them shared round the school, and some had been sent abuse by strangers on social media platforms. When we talk about tackling violence against women and girls, we have to be talking about this too, which is why I will be doing everything I can in the next few months to make sure that our online space is as safe as our streets.

It is fundamentally clear that in both areas we have work to do, and part of these conversations must focus on the work we can do with perpetrators. As the Chair of the Home Affairs Committee, my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), has quite rightly said, the focus of the debate today fundamentally should be male violence. When we focus too much on “violence against women and girls”, we exclude and minimise the role of the perpetrator. Of course, the violence that women and girls experience is overwhelmingly perpetrated by men, and so is the violence that men experience.

As the chair of the all-party parliamentary group on perpetrators of domestic abuse, I know that understanding and tackling male violence must be at the heart of policy to address these issues. I am grateful that organisations such as Respect, which supports the group, exist to bring these issues to the forefront. However, this is not about legislation or policing strategy; we need a complete culture change in this country if we are truly to make women and girls feel safer on our streets and keep them safe in their homes. We are done asking women and girls to take action themselves; it is time we asked men and boys to take action.

The Government have long promised to publish a domestic abuse strategy, with a much-needed pillar looking at perpetrators, but as with many things this Government promise, we are still waiting. Can the Minister therefore update the House on when exactly this much-needed strategy will be published? The UK Government and the Home Secretary have talked at length about violence against women and girls and they make promises, but what do we actually see happening? Charge rates for sexual offences and rape have fallen, yet again, to a record low of just 1.3%, and women and girls face harassment on the street trying to go about their daily lives. The police recorded a total of 845,000 domestic abuse-related crimes in 2021. How have we got to that number? In fact, almost a fifth of all crime reported to the police in the year ending March 2021 was domestic abuse, and these are just the crimes we know about.

Thankfully, in the absence of any action from the Government, we have the likes of the incredible Karen Ingala Smith and her team, who have dedicated their lives to counting the deaths of women who fall through the cracks. I have also been privileged to speak to Professor Jane Monckton-Smith and the team behind the “Hidden Homicides” podcast, who have been campaigning hard to push for greater awareness and investigation of so-called hidden or unexplained homicides. These domestic abuse-related unexplained deaths or suicides must be properly investigated by the police, and the UK Government have a responsibility to make sure this is happening.

Frankly, we simply do not see the scale of the problem of violence against women and girls reflected in the Government’s policing and funding priorities. Our police services are facing huge challenges. They have worked tirelessly throughout the pandemic, dealing with enormous difficulties, and I know that the vast majority of officers are doing everything they can to tackle male violence, but they simply do not have the support that they need. The UK Government proposals lack serious funding commitments, and more than a decade of austerity followed by a pandemic has left much-needed services struggling to cope under the strain.

It is absolutely vital that the Government commit to making violence against women and girls a strategic policing priority, so that it can be given the same prominence and resource as organised crime and terrorism. I therefore urge the Minister to please listen, and to commit to meeting me and other members of the all-party group to discuss these issues further. Tackling violence against women and girls is something colleagues across the House can clearly unite behind, and it is only by co-operative working that all of us will put an end to this unnecessary violence once and for all.

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[Rachel Maclean]

I am afraid that I do not have the capacity in this debate to go into the technicalities. I have a lot to go through. As I have said, they are legal technicalities that we are working through with our friends in the devolved Administrations, which have a different legal jurisdiction. We can discuss that at another opportunity.

I thank the hon. Member for Chesterfield (Mr Perkins). We debated another tragic case in his constituency, or near to it, I believe. It was an honour to meet the family, and he is absolutely right to raise awareness of the importance of stalking protection orders. That is work that I am doing through the National Police Chiefs’ Council, to ensure that it is taking up those stalking protection orders.

The hon. Member for Liverpool, Wavertree (Paula Barker) asked why we are not taking femicide as seriously as terrorism. That is precisely what the strategic policing requirement sets out to do. I am afraid that I must take issue with her comments about the allocation of funding in her area going to perpetrators, not victims. Those funding matters are local decisions. The Home Office will make funding available to her locally elected Labour police and crime commissioner, so she needs to take that up with her Labour party colleagues in the area. We have put aside national funding of £300 million for victims, so I suggest that she has those conversations.

The hon. Member for Brentford and Isleworth (Ruth Cadbury) talked about honour-based violence. Just last Friday we banned child marriage thanks to the incredible hard work of my hon. Friend the Member for Mid Derbyshire (Mrs Latham). We fund many services helping victims of that horrific crime.

The hon. Member for Pontypridd (Alex Davies-Jones), who was very passionate in her remarks, asked why we do not talk about this as male violence against women and girls. Many Members have responded in that way. We do not shy away from talking about this as a gendered crime. As I said, we will publish the perpetrator strategy and all the associated guidance soon.

[Alex Davies-Jones]

The Minister is being very generous with her time. Will she meet me, as chair of the all-party parliamentary group on perpetrators of domestic abuse, to discuss this more fully with the wider members of the group?

Oral Answers to Questions

Alex Davies-Jones Excerpts

Tuesday 14th September 2021 Commons Chamber

[Robert Buckland]

Well, we are. The announcement of a replacement of the Action Fraud system was made some time ago. That represents just the sharp end of the Government’s response to this growing issue. I can assure the hon. Member that the work that goes on with colleagues in the Home Office on fighting economic crime more generally and fraud is sustained. It involves work with the private sector, particularly the financial services industry, to help to design out fraud. So this is an end-to-end approach, and I can assure her that the work continues apace.

[Alex Davies-Jones (Pontypridd) (Lab)]

5. What progress he has made on bringing forward a victims Bill.

[The Minister for Crime and Policing (Kit Malthouse)]

The Government committed in the Queen’s Speech to bring forward a Bill to enshrine the rights of victims in law, and the hon. Lady can expect to see a consultation on this issue later this year.

[Alex Davies-Jones]

As the Minister says, we first heard about this in the Queen’s Speech over four months ago now, and we have heard nothing since. In the year ending March 2020, the crime survey for England and Wales estimates that more than 600,000 women aged 16 to 74 were victims of sexual assault. For these women, who desperately need to see protections enshrined in law, I ask the Minister: when can we expect this legislation on the Floor of the House?

[Kit Malthouse]

I do recognise the issue that the hon. Lady raises, and she will of course appreciate that we have spent significantly more money on increasing the number of independent sexual violence advisers across the whole of England and Wales. However, she is right to be impatient for the Bill, and as I say, she will see a consultation on this shortly.

Oral Answers to Questions

Alex Davies-Jones Excerpts

Tuesday 29th June 2021 Commons Chamber

[Alex Chalk]

I am very grateful to the hon. Gentleman for raising that harrowing case. He is absolutely right to do so. We recognise that the law needs to keep pace with those who would use technology to perpetrate dreadful abuse. We have asked the Law Commission to act, as he indicated. It is doing so at pace, and we will be looking very carefully with a view to extending the law where it is appropriate to do so.

[Alex Davies-Jones (Pontypridd) (Lab)]

What steps his Department is taking to increase court capacity.

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

The pandemic has affected courts, like it has affected so many other areas of life. The Government have responded energetically and comprehensively, for example by opening 60 new Nightingale courtrooms, hiring an extra 1,600 Her Majesty’s Courts and Tribunals Service staff, injecting hundreds of millions of pounds extra into the system, and making sure that around 20,000 hearings a week can now be conducted online. These measures are designed to enable court recovery, and I can assure the House that these efforts will continue.

[Alex Davies-Jones]

The Minister’s total failure to improve court waiting times is having a very real-world cost, no more so than for my 100-year-old constituent whose fraud case against a former carer amounts to more than a quarter of a million pounds. Despite initiating the case more than four years ago, that elderly woman is still waiting and is unlikely to see justice served in her lifetime. The Minister knows about that case, as I have written to his Department on multiple occasions, but still the delays persist. What exactly does he have to say to my constituent, along with the thousands of others like her who are once again being left behind by this Government and denied justice?

[Chris Philp]

Listing of individual cases is a judicial function, and there are sometimes legal reasons why cases get put off. I must say that in Wales, actually, the court system is performing particularly well at the moment. The hon. Lady talks about delays. Of course, during the pandemic some delays have built up, but in the magistrates court, for example, about half of the backlog that accumulated due to covid, which peaked in about August last year, has already been removed. The outstanding case load in the magistrates court is currently dropping at a rate of around 2,000 a week. I also gently point out that the outstanding case load prior to the pandemic in the Crown court, at 39,000 cases, was considerably lower than the 47,000 cases in 2010.

Oral Answers to Questions

Alex Davies-Jones Excerpts

Tuesday 2nd February 2021 Commons Chamber

[Craig Williams (Montgomeryshire) (Con)]

What steps his Department is taking to reduce the court backlog.

[Alex Davies-Jones (Pontypridd) (Lab)]

What progress he has made on reducing the backlog of cases in HM Courts and Tribunals Service.

[Peter Aldous (Waveney) (Con)]

What steps his Department is taking to reduce the court backlog.

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[Chris Philp]

My hon. Friend is right to raise the prioritisation of urgent cases. Listing is a judicial function and is a matter for judges, but I know that judges do prioritise the most urgent cases. For example, right from the beginning of the pandemic, domestic violence protection orders were one of those matters that were most prioritised. I hope I can also reassure my hon. Friend by saying that for those most serious Crown court cases where the prisoner was remanded in custody, well over half that had their first hearing in November will have had their substantive trial by July this year.

[Alex Davies-Jones [V]]

The Minister will I hope be aware that in the year ending March 2020, an astonishing 99% of rapes reported to the police in England and Wales resulted in no legal proceedings against the alleged perpetrators, and even the 1% of victims whose cases do proceed to the courts have to wait years for justice. What concrete steps is the Secretary of State taking to speed up the process and to address this appalling situation?

[Chris Philp]

The hon. Lady is right to draw the House’s attention to this very serious problem, which most certainly does need to be sorted out. Some steps have been taken already, such as the roll-out of section 28 video-recorded evidence to help the most vulnerable witnesses, where that would be of assistance. Changes have also been made to disclosure rules very recently, which often pose obstacles in these kinds of cases. In fact, only yesterday the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk) and the Lord Chancellor announced an additional £40 million to help victims, including victims of these terrible crimes, but it is fair to say that a great deal more needs to be done, as the hon. Lady rightly references. There is a cross-Government, cross-criminal justice system rape review currently being undertaken, led by the Minister for Crime and Policing. That will be reporting very shortly and will have further concrete actions in this very important area.