Domestic Abuse Bill

Angela Crawley Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I am grateful for the chance to follow the right hon. Member for Maidenhead (Mrs May). May I take this opportunity to take a different approach from the one we very often take on the Opposition side of the House, which is to pay tribute to her both for her approach as the former Prime Minister of this country and for her commitment and genuine passion? As the former Prime Minister, she committed her life’s work in this Parliament to making sure that the agenda of women and girls was recognised. I am sure that the successful passage of this Bill will be a legacy that she can be proud of, and that it will rightly go down in history as the landmark legislation of the second female Prime Minister of this country. I pay tribute to the right hon. Lady for the work that she has done.

To return to the point of order made by the hon. Member for Walthamstow (Stella Creasy), may I also acknowledge her dedication and commitment to women’s rights? I think no Member across this House should have to receive the treatment she has received. I am sure—I know—that the right hon. Gentleman the Speaker of this House will do everything in his power, as a champion of Back Benchers, to ensure that all the House of Commons authorities provide her with the necessary support that she requires, because no one in this House should come under fire for ultimately doing what is right and proper and what should be done, which is protecting the rights of women.

I welcome this Bill, and I agree in essence with its main principles, because domestic abuse can ruin lives and it needs to be tackled strongly. I recognise that the primary basis of the Bill will apply only to England and Wales. However, there are some limited provisions in the Bill that will have an impact on Scotland, and it is on those grounds that I want to speak today.

As the Lord Chancellor said, 2 million people in the UK are affected. Most of them are women, but not all. This is only an estimated number. It is based on the recorded statistics we have of the number of women who have bravely come forward and undergone the process of speaking out loud and saying, “I will not accept this treatment any longer”. However, it is only an estimated number because too many more women will suffer in silence and receive this ongoing treatment day to day.

I of course have nothing but the utmost respect for the law and justice and for our ability as Members of this House to produce legislation that can make a difference, but everyone in the House knows that legislation alone will not tackle this problem. I congratulate the UK Government on going some way towards taking the approach of really driving home the point that domestic violence cannot be tolerated and cannot be accepted. It is something that we want to change so that future generations will not grow up to experience this kind of world.

On this particular occasion, I think Scotland has taken a leading stance and a really strong stance against domestic abuse. In Scotland, domestic abuse accounts for almost a quarter of all violent crimes. Again, this is only an estimated figure; we have no real idea of the true figure or of the true cost that it has on people’s lives. About one in four women has experienced or reported domestic abuse at some time in their lives. It is usually perpetrated by a spouse, partner or ex-partner. Domestic abuse often includes physical violence, mental or emotional damage, or undue control or power over another person.

The SNP in government has taken a lead and taken the issue of domestic abuse seriously. I am very proud that we have been able to do that in the Scottish Government. The multiple forms of abuse are tackled by the Domestic Abuse (Scotland) Act 2018, which for the first time introduced a “course of conduct” offence. This enables not just physical abuse but psychological domestic abuse and controlling behaviours to be prosecuted at once. As many from a legal background will know, that in itself is really hard to pin down. How do we even begin to quantify undue influence or coercive control? How do we recognise that, and how do we prevent it in a criminal statute? The fact is that the Scottish legislation is designed to address the emotional abuse that Scottish Women’s Aid has said is, for most victims, the most traumatic and the hardest aspect of abuse to recover from. It is a really significant and important part of this legislation, and I hope that the Government will take that into consideration when they come forward with the Public Bill Committee.

In a similar vein, the Domestic Abuse Bill broadens the scope of domestic abuse legislation in England and Wales. This is the legislation we are here to speak about today, and it would be a great shame if the Bill were to be lost. Should this Parliament dissolve or prorogue again and we do not succeed in passing this legislation, it would ultimately be against all our better intentions. We want to see the Bill successfully brought through this Parliament during this term, regardless of when this term may cease.

[Christine Jardine]

On that very point, as the right hon. Member for Maidenhead (Mrs May) has said, this is landmark legislation. All of us may have reservations about certain aspects of it and things we may want to see amended in Committee, but it is incumbent on us to support it today and get it through so that, as the hon. Lady says, it is not lost.

[Angela Crawley]

Absolutely. Perhaps I should use this opportunity to say that should a future Government of any coalition have to carry forward this legislation, I hope their agenda will also be to deliver on this Bill should it not succeed in this parliamentary term. It would be a great loss and a great shame were we not to see it passed in this parliamentary term, and were the right hon. Member for Maidenhead not to have it as part of her legacy, because she rightly deserves such an opportunity.

In particular, it is welcome to see the measures to protect survivors in court, including the prohibition of the examination of domestic abuse victims by their perpetrators. It seems almost unimaginable that such a procedure is even possible. The inclusion of non-physical abuse in the statutory definition of domestic abuse, the inclusion of children aged 16 and 17, and the appointment of a Domestic Abuse Commissioner are truly welcome. While these measures go some way towards tackling a broad and multifaceted problem, I believe there are several areas in the Bill that could be improved in Committee.

[Mr Jim Cunningham (Coventry South) (Lab)]

The hon. Lady is making a very good case. There is another dimension, because we very often get women whose immigration status, for want of a better term, is not secure. Does she not agree that the commissioner should really have her powers strengthened to look at that?

[Angela Crawley]

I wholeheartedly agree, and I will come on to that later in my speech.

In 2017, my colleague Eilidh Whiteford’s Bill to ratify the Istanbul convention was very much about pressing the Government to do exactly what this Bill sets out to do. I know that she, although no longer in the House, would love to see this Bill passed and to see the Istanbul convention ratified as part of her legacy. Although the Government stated their intention to bring the convention’s provisions into law, two years later we are still waiting. The Bill is an opportunity for the Government to meet those intentions, but in my opinion it fails fully to meet the requirements of the Istanbul convention. I hope more work can be done in Committee to ensure that the Bill gets us to the point where we can ratify the convention.

Women with insecure immigration status find it virtually impossible to seek protection when experiencing domestic abuse. As the hon. Member for Coventry South (Mr Cunningham) indicated, for many such women their visa status is tied to their partner or their partner has control of the necessary documents and evidence, so they are unable to escape. That goes against the crystal clear language of the Istanbul convention, which states that protection must be afforded to survivors regardless of their immigration status. I am worried that, should the Bill fail adequately to promote equality, including for those with insecure immigration status, it would risk violating our existing human rights obligations under the European convention on human rights, the Human Rights Act 1998 and the convention on the elimination of all forms of discrimination against women—CEDAW, as we all know it. In essence, we must ensure that we get this legislation right.

I am conscious that many people want to speak, so I am doing my best to wind up as fast as I can. In taking forward the Bill, we must consider the needs of people whose insecure immigration status means they have no access to public funds or housing support. Such people are routinely denied refuge spaces, safe accommodation and welfare, and therefore are stuck between becoming destitute and homeless and returning to their abuser. Every MP in the House will have a constituent, or will have supported a woman, who has had to seek refuge in temporary accommodation. That may have been their first interaction with a Government office, be it the Department for Work and Pensions or the Home Office. They need our support, so we must do better.

Frankly, the Government’s approach to welfare only compounds problems for survivors of domestic violence. Universal credit provisions, include mandatory waiting periods and payments to heads of households, create an environment that allows economic abuse and control. The SNP has repeatedly argued for universal credit payments to be processed and paid in advance rather than in arrears, and be made to more than one householder, in the form of split payments. If the Government do not make those adjustments, victims of abuse will continue to be unable to access the resources they need to leave harmful relationships.

As the SNP spokesperson for women and equalities, it is an honour to work with colleagues across the House, including the right hon. Member for Basingstoke (Mrs Miller), the hon. Member for Birmingham, Yardley (Jess Phillips) and many others, as a member of the Women and Equalities Committee. The Bill relates specifically to England and Wales, but some of its provisions will have an impact on the lives of women in Scotland. The picture painted by the Minister only highlights that we have so much further to go. Let us not get another 25 years down the line and be having the same conversation.

I am proud of my honourable friend Christina McKelvie, who, as Equalities Minister in the Scottish Government, is delivering this policy in Scotland. We can do better. We must do better. Too many women and their families are relying on this Government to protect them, whether through policing or justice measures or through this legislation in and of itself. I hope this Prime Minister and this Government get this right so we can deliver for women across the UK.

[Mr Speaker]

I am extremely grateful to the hon. Lady, as the House will be, for being commendably succinct. Momentarily, a 10-minute limit will begin on Back-Bench speeches, and the right hon. Member for Staffordshire Moorlands (Karen Bradley) will be the next speaker. However, just before I call her to contribute, I think that the House will be interested to know what I have just been advised by the Minister on the Treasury Bench: namely, that the designate Domestic Abuse Commissioner, Nicole Jacobs, is observing our proceedings today. Welcome to the House. We very much appreciate your interest in the legislation from which we hope will flow your very important responsibilities.

Hon. Members: Hear, hear.

Family Justice Reform

Angela Crawley Excerpts

Wednesday 15th November 2017 Westminster Hall

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I congratulate the hon. Member for Fareham (Suella Fernandes) on securing the debate, and wish her well in seeking reform of the law. I shall not labour for long, because of course, as we have heard, Scotland has a distinct legal system, and I do not want to lecture or give lessons from Scotland. I simply want a sharing of best practice between the two nations, and to ensure that where legal reform is necessary we seek to proceed in tandem, so that there are not huge disparities between England and Scotland.

For clarity, I will mention that the area of family justice reform covers marriage, civil partnership and cohabitation; what happens when a relationship ends—separation or divorce; and the relationships between parents and children, including parental rights and responsibilities and the interplay of children’s panels incorporating the rights of the child. In Scotland we have gone further than most of the other nation states in the UK to ensure that the voice of the child is paramount, and that it is ultimately the principal consideration in a divorce or resolution settlement about custody of children. However, I want to echo the sentiments expressed by the hon. Member for Fareham and reinforce what she said, encouraging continual reform and review of the process, as family life evolves. We no longer have the 2.4-child nuclear family that the system was perhaps built around. It is necessary to consider the legal system now and how family life will evolve. Valid points have been made about no-fault divorce and encouraging shared parenting, and they are worth considering. I hope that the Minister will take what the hon. Lady said into account.

I am grateful to the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont), who spoke about Scotland’s distinct legal system; his learned experience will be welcomed by the House. The hon. Member for Strangford (Jim Shannon), who is no longer in his place, explained that Northern Ireland also has a distinct legal system, which does not necessarily recognise common-law or cohabiting partners. I hope that protections in that regard, and in connection with the rights and responsibilities of grandparents, may be strengthened. That would be a welcome adjustment.

The hon. Member for Berwickshire, Roxburgh and Selkirk spoke about work that has been done in Scotland on family justice and reform, and what will happen as of 2018. There is a strategy for review of this area of law, including the Children (Scotland) Act 1995. That is clearly necessary because things have evolved; as a law graduate I recognise that there is a need to review and update the law continually, as family life and society evolve. As I said, it is necessary for the voice of the child to be at the heart of the principle.

[John Lamont]

As to grandparents’ rights, I wonder how the hon. Lady would accommodate that question. The Scottish Government have considered it in the past and have refused to confirm that they want to amend the law proactively to accommodate it. I wonder what her view of that is.

[Angela Crawley]

Personally, I am happy to say that I think grandparents should play an active role in their grandchildren’s lives. There is room, in the next review period, to consider the role of grandparents, but as I sit in this place I have no locus in the matter and my opinions are frankly irrelevant. However, I agree that children and their grandparents should be able to have a relationship, and there is room in the review for consideration of the role of kinship carers, as it is not simply grandparents but also aunts and uncles, or other relations, who often take on parental responsibilities or care-giving roles.

I believe that there is room for the Children (Scotland) Act to be transformed into something fit for 2017, and fit for purpose in the future. That is why I fully support the motion, and why I argue that we need continually to review family law and to consider the possibility of consulting on simplifying the process and making it more user-friendly. That is our ambition in Scotland—to make the process easier for families. Families have a difficult enough time when relationships are dissolved; the last thing they need is to be pulled through a family court system that does not necessarily make sense to them or seem user-friendly.

In Scotland, we have made a specific commitment to encourage legislation on domestic abuse, which includes coercion and controlling behaviour. I hope that that will be replicated across the UK. I think that it is necessary to cover all aspects of family law, including domestic abuse and violence, and that there should be protections for anyone who finds themselves in that dangerous situation.

An area of law that has not been covered, which is not specifically relevant to the title of the debate but is relevant to the area, is gender recognition. The Government have on several occasions had the opportunity to respond to the inquiry by the Women and Equalities Committee on the Gender Recognition Act 2004. I hope that there will be progress across the UK, as there has been in Scotland, and a commitment to non-medicalisation, self-identification, and the ability for anyone who identifies themselves as transgender to have recognition in law for their chosen gender. It is entirely reasonable and fair and I hope that the Minister and the Government will take the opportunity to respond to that aspect of law reform in the debate.