(2 years, 5 months ago)
Lords ChamberMy Lords, 10 years ago today the Government signed the Istanbul convention and they recently issued a Written Statement saying that they will ratify it with reservations on Articles 44 and 59. Why are there such reservations, particularly on Article 59, which deals with migrant women and requires a Government to grant residence to victims whose immigration status depends on their partners or spouses? This can mean that where perpetrators have control over victims’ immigration status, they can further trap them by threatening them with being deported or separated from their children. Will the Minister agree today to do all she can to ensure that there are no reservations on Articles 44 and 59 when the Government ratify the Istanbul convention?
On the latter part of the noble Baroness’s question, we certainly want to get that right. On the interface between immigration enforcement and victims of domestic violence, it is very important to get the balance right so that we can protect those victims.
While I am on my feet, I say to my noble friend Lady Manzoor that, on honour-based abuse, including FGM and force-based marriage, Ministry of Justice data shows that to date more than 3,000 forced marriage protection orders and more than 700 FGM protection orders have been issued.
(2 years, 11 months ago)
Lords ChamberTo ask Her Majesty’s Government what steps they are taking to ensure that older people (1) are aware that domestic abuse can include physical abuse, domestic violence, sexual abuse, psychological or emotional abuse, financial abuse, neglect, and coercive control, and (2) are informed about the sources of information and support available to those suffering such abuse.
My Lords, the statutory definition of domestic abuse encompasses sexual, violent, coercive, controlling, psychological, emotional and economic abuse. The Domestic Abuse Act’s wider provisions, accompanying guidance and our long-term action plan, alongside a dedicated strategy and funding to specialist services, including Hourglass, will further support legislative implementation. These transformative measures will bolster our response to domestic abuse, increasing awareness, information and support for victims, and providing greater protection for vulnerable groups, including older people.
I was a bit disappointed with the Minister’s response. As she will know, domestic abuse as far as older people are concerned quite often takes a different form; it is quite often hidden away and not recognised. How much support can be given to victims that, in many cases, differ so much from the image of a young woman, for example, who suffers from domestic abuse? Would the Minister further agree with me that there is no government body in England, like we have in Wales with the Older People’s Commissioner? Would she commit to at least look at the possibility of having a commissioner in England for older people, as this would go some way to helping the problem?
In the past I have spoken to the Welsh commissioner, and I commend the work she is doing. But I also commend the work our commissioner is doing. I know that she is dedicated to all aspects of domestic abuse across all ages and will be keeping a very close eye on the implementation of the Act.
(3 years, 4 months ago)
Lords ChamberI must whole- heartedly agree with the noble Lord. Clearly, a whole-family approach, where the perpetrator acknowledges what they have done and wants to change their behaviour, is absolutely the right way to go. Often, a multiagency approach will work, but I want to join him in commending Barnardo’s for the tremendous work it does in this area.
Can the Minister say how the strategy will work on the big problem of sexual harassment on the streets, where girls and women have to put up with sexual remarks and other incidents as they walk along, often in the daytime? My second point is that the Minister has told me on numerous occasions that, once a domestic abuse Act becomes law, the Government will ratify the Istanbul convention. This has yet to happen. So, can the Minister say why there has been a delay and when the convention will be ratified?
Well, I think the noble Baroness will have heard me addressing the issue of public sexual harassment to the noble Lords, Lord Rosser and Lord Paddick—which is to say that not only is it completely unacceptable but we are looking at where there might be gaps in the law to address it. We are compliant with the Istanbul convention in all but three areas, and I can assure the noble Baroness that we are committed to ratifying and will do so as soon as we are fully compliant. We will then inform Parliament of the date. We will be compliant once Northern Ireland has introduced its new domestic abuse offence in the autumn and we have determined our compliance position on migrant victims. She will know about the pilot scheme. The House must acknowledge that, in some cases, we do more than we need to do to be compliant—for example, with forced marriage protection orders—but we are not complacent.
(3 years, 4 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to investigate the nature of domestic abuse of older people; and what support they offer to victims of such abuse.
My Lords, building on the landmark Domestic Abuse Act, the Government will shortly publish a dedicated domestic abuse strategy, ensuring that a fitting level of attention is given to the prevalence and types of domestic abuse, including efforts to improve understanding of who is affected. We are committing to ensuring that all victims are supported and we closely monitor and assess needs and how best to meet these, together with providing continued dedicated government funding for specialist services, including for the elderly.
Reports show that there is an increased risk of older people experiencing domestic abuse, especially in relation to financial and care dependencies and barriers to reporting abuse during the pandemic. Does the Minister accept that there are no reliable figures on the abuse of older people and that therefore they are a hidden group? Much more publicity should be given by the Government about where older people can go to get advice and help. Is the Minister aware that the Older People’s Commissioner for Wales has produced an information booklet to advise older victims, and will she agree to commission a similar action in England?
My Lords, I was pleased to be able to speak to the commissioner in Wales. I think it is always advantageous to learn from good practice elsewhere. We know that the number of older people experiencing domestic abuse has increased in the last year. The Crime Survey for England and Wales shows that 5.5% of adults aged 16 to 74 experienced domestic abuse in the year ending March 2020. But I look forward to seeing more refined figures in the future, which I think is what the noble Baroness is alluding to.
(3 years, 9 months ago)
Lords ChamberI understand what the noble Baroness says. She made a point about VAWG versus DA. Of course, domestic abuse is a type of violence against women and girls, although violence against women and girls goes far wider than domestic abuse. We are going to be bringing forward a domestic abuse strategy later this year. I can see the noble Baroness shaking her head, and I do not think I am going to convince her at this stage.
I thank all noble Lords who have taken part in this debate. I also thank Refuge for their briefings and support. As the Minister said, I think we have got the right balance in our debate today. I totally agree with my noble friend Lady Lister, the noble Baroness, Lady Hodgson, and the right reverend Prelate the Bishop of Gloucester speaking in support of Amendment 185. They were criticising the Bill for being a non-gendered one, or gender neutral, when most people have spoken in support and said we should recognise that.
I thank the noble Lord, Lord Paddick, first for being the only male voice—although my noble friend Lord Hunt was able to put his views in, and I thank him for that. I agree with a lot of the noble Lord, Lord Paddick, said. He said that it is not anybody’s intention to say that men do not suffer from domestic abuse and are not victims, because they are, and we know that women can be perpetrators. I do not want to undermine that in any shape or form. The noble Baroness, Lady Featherstone, was raising this issue very strongly and was absolutely right: we should recognise all victims of domestic abuse.
The purpose of the amendments today was to illustrate that it is a gendered crime. Women are the majority of victims and men are the perpetrators, but that does not exclude recognising that there are male victims and female perpetrators. We have had a very good debate today. I am pleased with everyone who has taken part and put their views forward. In the meantime, I beg leave to withdraw the amendment.
(3 years, 10 months ago)
Lords ChamberI certainly know that officials have been working with bishops and others on developing the guidance, but I think the right reverend Prelate is taking about something slightly different, which is abuse that happens within a faith context —that is, using faith as a reason to abuse. I hope that some of the work she and others are doing with officials is cognisant of that type of abuse. I am sure it is, and I am sure that is the reason why she raised it.
While I welcome the Statement, there is one group of people that does not get a mention—those who are victims of elder abuse. Will the Minister say what measures are being taken to support such people, as they fall into a category that often differs from other forms of domestic abuse? Is she aware that Heléna Herklots, the Older People’s Commissioner for Wales, is doing very good work in this area? Will she agree to consult the commissioner in Wales and take advice from her on the special needs of older people suffering domestic abuse, as she is doing such valuable work in this field?
I am sure that the noble Baroness will be aware that the ONS will now be including the over-74s in its statistics, which is very helpful indeed. I am very aware of elder abuse—particularly as some older people do not even know that what they are going through is in fact domestic abuse. I am very happy to speak to the commissioner in Wales and glean any areas of good practice that we might learn from here.
(3 years, 11 months ago)
Lords ChamberTo ask Her Majesty’s Government what steps they are taking to support older people at risk from domestic abuse while restrictions are in place to address the COVID-19 pandemic.
My Lords, the Government are committed to supporting all victims of domestic abuse. The You Are Not Alone campaign signposts support to all victims, and the Government have allocated more than £116,000 this year to the charity Hourglass, which supports the elderly. The Government are working closely with domestic abuse organisations, including those representing elderly victims, to assess ongoing needs.
Is the Minister aware that the situation facing older victims has deteriorated significantly since the pandemic, as they are faced with an impossibly cruel situation in which they are afraid to go out for fear of contracting Covid and afraid to stay at home for fear of being abused? Will the Minister ensure that the needs of older victims are recognised in the Domestic Abuse Bill, especially those over the age of 74, about whom no data is collected? There is an urgent need for support for that age group.
My Lords, we are acutely aware of the issues the noble Baroness points out, and we are trying to assist older people, in particular, as this pandemic goes on. We talked about the over-74s recently in Oral Questions, and we need to work with the ONS to get a true picture of what they are facing in, as the noble Baroness says, neither wanting to go out nor wanting to stay in their homes for fear of abuse.
(3 years, 12 months ago)
Lords ChamberI am glad that the noble Lord has brought this up. I recognise the particular problems that trans victims face in terms of credibility, for want of a better word, from our services. The fact that we now train front-line police officers to be not only sensitive but cognisant of the different types of domestic set-ups and to respond appropriately and sensitively is incredibly important. The noble Lord talked about trans victims. I am also minded of some lesbian victims of domestic abuse whom I have met who feel that, perhaps because some of them look more masculine, they will not be treated as victims and are more likely to be assumed to be perpetrators.
Does the Minister agree that there is a lack of support for elderly LGBT people who are victims of domestic abuse and face distinctive barriers in accessing domestic abuse services, including the criminal justice system? Can she confirm that the UK will comply with Article 4.3 of the Istanbul convention regarding non-discrimination on gender identity and sexual orientation, and in doing so ensure that government support and funding is in place?
I absolutely recognise the noble Baroness’s point about the barriers to accessing services, which are many and varied. I also acknowledge that in passing the Domestic Abuse Bill we will be complying with the Istanbul convention.
(4 years ago)
Lords ChamberIn answer to my noble friend’s first question, we continue to work closely with domestic abuse organisations to assess these ongoing trends and needs, and help to support them through the period of new measures, building on the work that we have done to date. We are proud that, since 2010, the Government have provided more than £100 million to tackle violence against women and girls. We recognise the absolutely vital role that tailored support services play in supporting victims of domestic abuse, both within safe accommodation and, of course, in the community. On the second question, the Government recognise the need for sustainable funding, which is why the core grants, such as the £1.1 million Home Office fund for seven specialist support helplines for victims of domestic and sexual abuse, run over a four-year period from April 2018 to March 2022.
Following on from the previous question, does the Minister agree that an increase in core funding, which she mentioned, for women’s refuges is needed because of the sharp increase in domestic abuse since the pandemic? There are insufficient women’s refuges: one in six have closed in the last eight years owing to a lack of funding. Will the Minister do all she can to ensure that long-term core funding is guaranteed, rather than funding special projects, to prevent further closures in this time of crisis for victims of domestic abuse?
My Lords, since 2014, MHCLG has invested £80 million in accommodation-based services, including refuges, to support victims of domestic abuse. There were 3,898 bed spaces in refuges in England in 2018. That is a 12%increase from 2010, but additional Covid funding has reopened, creating up to 1,546 additional refuge bed spaces and enabling a further 344 bed spaces that were closed due to Covid-19 to reopen. As announced in the other place during the passage of the Domestic Abuse Bill, which I hope will be in your Lordships’ House soon, we will provide £1.5 million to fund the Support for Migrant Victims scheme, which is due to be launched this autumn.
(4 years, 2 months ago)
Lords ChamberMy noble friend is right that this could indeed help to clinch a case one way or another. At the heart of this is that police and prosecutors have a duty to pursue all reasonable lines of inquiry in every investigation. Increasingly, evidence is coming digitally. In response, the police have to ensure that they are acting in a way that is proportionate, but which also protects privacy, as talked about by the noble Baroness, Lady Chakrabarti.
My Lords, is the Minister aware that Claire Waxman, the London Victims’ Commissioner, has called on the police and the CPS to implement the ICO’s recommendation of introducing a code of practice to prevent excessive and disproportionate requests for data, as real victims could otherwise be deterred from pursuing the justice they deserve? Will she accept recommendation 1 of that report, as she seemed to indicate earlier, that the Government should strengthen the current legislative framework by producing a statutory code, or other equivalent measures, to ensure that the law is sufficiently clear and foreseeable?
(4 years, 3 months ago)
Lords ChamberTo ask Her Majesty’s Government what plans they have to ensure that any data collected on domestic abuse includes the abuse of people over the age of 74.
My Lords, the Government recognise that the over-74s can be victims of domestic abuse, and we are committed to supporting all victims. The Crime Survey for England and Wales collects data on victims of domestic abuse, and the most recent assessment of data collection methods did not support raising the age limit for respondents above 74 due to a lower response rate. However, ONS will continue to review the upper age limit.
I am a bit disappointed with the Minister’s response. There is no cut-off date for domestic abuse, and without the data we cannot know the problem. Is the Minister prepared to address the issue of data collection for those over the age of 74 in the draft statutory guidance on domestic abuse, as this is a neglected area and it could be regarded as ageism?
I sympathise wholeheartedly with the noble Baroness’s point. I have looked into this, because I was slightly perplexed myself as to why the data was not forthcoming. I spoke to Minister Atkins, who said that the issue behind it was the low level of response, making the data not statistically significant. However, the noble Baroness can be hopeful; Professor Diamond has confirmed that the ONS’s Centre for Crime and Justice will test whether it is possible to include them at some future date.
(4 years, 4 months ago)
Lords ChamberTo ask Her Majesty’s Government what measures they are taking to support victims of domestic abuse during the COVID-19 pandemic.
My Lords, the Government are working closely with domestic abuse organisations, the domestic abuse commissioner and the police to understand and tackle the impact of Covid-19 on victims. The Government have launched a publicity campaign to raise awareness of domestic abuse and to signpost victims to the appropriate support services. We are also ensuring that charities are able to continue to provide such services, with £76 million announced to support survivors of domestic abuse and sexual violence, vulnerable children and victims of modern slavery.
My Lords, I thank the Minister for her reply, but does she agree that urgent action is needed for victims of domestic abuse, since in the first three weeks of lockdown 16 women and some children were killed in their own homes? As lockdown is eased, that is the time when women will decide to escape, and they must know where to get information and support. What plans are being made to deal with the anticipated surge in demand? Will the £76 million already announced in May to support victims of domestic abuse during Covid-19 be distributed speedily, as only £1.2 million had been allocated by 2 June? Perhaps the Minister could update the House on this matter.
I am very happy to update the noble Baroness and the House on this issue. The danger that women were in was well appreciated by the Government even before lockdown began, and from that point moves were afoot to try to support, help and raise awareness about this awful crime. The noble Baroness will know that the #YouAreNotAlone campaign has been running since almost the beginning of lockdown, and I think it has had 120 million hits on online media. She will also probably know that £2 million was allocated for infrastructure and communications for the online helpline for domestic violence victims to access. No lady or, indeed, man should feel that they do not have anywhere to turn and that the funds are not available for the help that they might need during this very difficult period, particularly, as the noble Baroness says, after the lockdown is lifted.
(4 years, 5 months ago)
Lords ChamberWe have been very worried about children during this lockdown period, including children who are perhaps witnessing their parents in a domestic violence situation. The noble Baroness will probably know that we gave £1.6 million to the NSPCC so that adults could be aware of some of the things that children might be facing online. There is also the double issue of children witnessing things in the home. Multiagency work is clearly more important now than ever in ensuring that children who may be suffering are brought to the attention of the authorities.
Is the Minister aware that there is no reference to women in faith communities in the Domestic Abuse Bill? These women can experience multiple forms of violence and abuse, including FGM, forced marriages and so-called honour-based killings. The Minister will be aware that while some of these are already crimes, there is no specific crime of honour-based violence. Does the Minister have any plans to get domestic honour-based violence included in the Domestic Abuse Bill?
Honour-based violence is, in and of itself, a crime, as is FGM—so laws already exist to tackle that. She is right that there is not a specific mention in the Domestic Abuse Bill. I am not sure that it needs to be in the Bill, but that is not to say that it does not need tackling; we have measures in place to tackle it.
(4 years, 8 months ago)
Lords ChamberAll things being equal, it should be in force this time next year.
My Lords, at least 59 women have been killed in the UK by men who claimed that their death was as the result of sex games gone wrong. According to the campaigning organisation We Can’t Consent To This, in the last five years this defence has been used successfully in six out of 14 cases that went to trial, resulting in a conviction for manslaughter or even an acquittal. Can the Minister confirm that the Government will use the Domestic Abuse Bill to ban the “rough sex” defence?
My Lords, there are some complexities in this, but it is absolutely right that we reinforce current case law so that a person cannot consent to something that leads to serious injury or even death. We are looking at the best way to achieve this.
(4 years, 10 months ago)
Lords ChamberI fully support what the noble Baroness outlines. It might give her comfort that the FCO has prioritised support for the UK nominations to the Human Rights Council and the International Criminal Court in 2020. She will also know that the chances of success are low without a significant campaign, particularly as CEDAW vacancies tend to be oversubscribed. All that said, the FCO has committed to support the GEO in backing a UK nomination for the 2022 CEDAW elections.
I thank the Minister for her replies, but I do not think it is very encouraging. Is the Minister aware that UK women’s NGOs have lobbied for the development of a shortlist of suitably qualified women who could be nominated by the FCO to such bodies as CEDAW? Can she say whether that list has been drawn up and, if so, how these women have been nominated? Can she do all in her power to rectify the problem of not nominating—although she has indicated that we could do so by 2022—so that in future we can ensure that the UK will be represented at international bodies such as CEDAW, bearing in mind that to date we have never nominated and it was signed by the UK in 1981? I am sure she agrees with me that there are many suitable, qualified women in the UK who could be nominated.
My Lords, there are so many suitable women in the UK—not least the talent in your Lordships’ House—that I think we would struggle to come up with a shortlist. While I completely support the tenor of what the noble Baroness says, it is important to point out that CEDAW members serve in their personal capacity and do not represent the member states that nominate them. I still take her point completely on board.