Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Baroness Hamwee Excerpts

2nd reading (Hansard): House of Lords
Friday 10th March 2017 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I, too, thank Dr Whiteford, and I am sure that the noble Baroness did not mean to suggest that Scotland and Northern Ireland are not integral parts of the United Kingdom.

The noble and learned Lord, Lord Brown, has rightly reminded us that this is a people’s issue, not just a women’s issue; his crown is highly polished, and very bejewelled. I declare an interest as I was a member of the board and chair of the domestic violence charity Refuge. That was many years ago, but I still declare the interest because that experience was very vivid. Very recently, within the last few days, I have agreed to become a member of an advisory group for the organisation Voice 4 Victims.

It struck me that this debate might almost have been wrapped up with yesterday’s debate for International Women’s Day, on the UK’s role in promoting gender equality. Because of the importance of the exercise of the UK’s role, it would be very significant if the UK ratified the convention—or, I should say, it will be significant when it does.

Reports on violence against women often have a section headed something like, “What is violence against women and girls?”. Sadly, there are many women and girls who could testify. This week, a survey of laws in 73 countries found that there are bad laws underpinning what was described as a global “epidemic of sexual violence”. The aims of the convention—prevention, protection, prosecution and integrating policies—are so sensible as hardly to need any description. However, there have been only 10 ratifications so far.

I joined the board of Refuge on the day I was asked to come to your Lordships’ House 25 years ago. Attitudes in the UK have changed, but not as much as one might expect in a generation. They have often changed among senior people who have to deal with the issue—the police are one example—but less so in lower ranks. Some of us were privileged to hear DCC Louisa Rolfe from West Midlands Police talk about coercive control at a recent all-party group meeting. Her understanding and description were very impressive indeed. As I said, there have not been the changes one might expect in a generation. The importance of the issue is enormous, yet there is a lack of belief and understanding.

[Baroness Farrington of Ribbleton (Lab)]

I compliment the noble Baroness on raising the issue of people’s attitudes. I declare an interest: as a local councillor in Preston in the early 1970s, I was part of a group trying to establish refuge provision. I was invited to speak to senior members of Chorley Council. The then leader of that council finished the meeting by saying that he was absolutely appalled that men in Preston behaved like that—of course, they did not in Chorley. Another councillor came to speak to me and said that her son-in-law was a barrister and her daughter had complained of being a victim. The daughter’s father would not believe that a barrister could behave like that. Today’s debate demonstrates the wide range of backgrounds and areas that people come from.

[Baroness Vere of Norbiton (Con)]

My Lords, I remind the House that if there are to be interruptions they should be kept very brief.

[Baroness Hamwee]

My Lords, I am grateful for that intervention. I was about to say that one often hears, “It does not happen here”. The lack of understanding that what is happening is a crime is, sadly, shared among those who experience that crime.

I am a member of the Joint Committee on Human Rights, which in 2015 undertook an inquiry to examine progress towards ratification. The noble Baroness referred to that. Its report told your Lordships that,

“the Convention would have a strong indirect effect on the UK legal system”,

firstly in that it,

“could be cited by the UK courts as persuasive authority”,

and secondly through the role of the European Court of Human Rights, given that the Government are bound by its judgment and, therefore,

“the terms of the Convention could have a strong indirect effect on the UK legal system”.

The report also commented on some of the evidence that the committee had obtained. Witnesses had told the committee that ratification would,

“help the UK’s position internationally in tackling violence against women and girls and would encourage other countries to follow suit”.

The Bar Human Rights Committee of England and Wales said that ratification would emphasise the state’s positive duty and it would,

“provide a further basis in law for those who wish to persuade the state to provide adequate and meaningful resources to construct an effective mechanism to protect women from gender violence and harm”.

That raises the question of whether there is a resource issue behind this which may not have been acknowledged in the same way as the concerns about the devolved institutions. I hope that the Minister will assure us that there is no resource component precluding ratification. The evidence from the Minister to the Committee referred to ratification being a matter for the devolved Administrations. Let us not seek to avoid any responsibility ourselves in that area. The Government’s response to the JCHR’s report emphasised their commitment to the convention but referred again to the devolved Administrations.

We have heard about the international context but, as we have also heard, this is not just a third-world issue. Real commitment would put all the mechanisms in place. It would be a considerable achievement of Her Majesty’s Government both to be able to ratify the convention and actually to ratify it. It would be a solid expression of our commitment to preventing and combating violence against women and domestic violence. It would put the country’s legislation where its mouth is. According to the JCHR, the UK is in a good position to ratify. The then Home Secretary showed her personal commitment and only a single legislative change is required.

Last year, the JCHR visited Strasbourg. I recall a member of the Council of Europe strongly emphasising the importance of the UK’s example. The context was different—we were talking about compliance with the judgment of the court on a different issue—but the message was the same: the example set by a country which is respected and whose respect needs to be maintained. We support the Bill from these Benches.