Prisons: Death Statistics

Baroness Hussein-Ece Excerpts

Wednesday 30th March 2022 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, I am sure the Prisons Minister will be familiar with the document; I confess that I am not. However, with respect, it is not right to say that the number of self-harming incidents has gone up. In the female estate, it is right to say that the rate of self-harm is higher than it was pre-pandemic; in the male estate, it is lower. Therefore, one has to look at the figures carefully.

[Baroness Hussein-Ece (LD)]

My Lords, the Minister just mentioned the rise in female self-harm in the prison estate. The figure I saw for up to October last year was a 47% rise in self-harm among women and a rise of one-fifth for young people. Does he accept that this is a failure of the duty of care? What is being done to review mental health services and support for women and young people in prison?

[Lord Wolfson of Tredegar (Con)]

My Lords, without getting into the statistics too much, comparing the 12 months to September 2021 with the 12 months to September 2019—post and pre pandemic—it is 23% higher. On the female estate, which is quite small, we acknowledge that female prisoners are overwhelmingly those who have had significant problems in their lives pre prison, and they are therefore a particularly vulnerable group coming into prison. That is why we focus on the female estate in particular. I am very pleased that, as I pointed out earlier, we had no self-inflicted deaths in the female estate last year.

Offenders: Pregnant Women

Baroness Hussein-Ece Excerpts

Wednesday 17th November 2021 Lords Chamber

Asked by

[Baroness Hussein-Ece]

To ask Her Majesty’s Government, further to the Prisons and Probation Ombudsman’s Independent investigation into the death of Baby A at HMP Bronzefield on 27 September 2019, published on 22 September, what assessment they have made of (1) their policies, and (2) the sentencing guidelines, for pregnant women offenders.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, this was an appalling event. In consultation with health partners and contracted providers, we have taken a range of immediate and long-term actions locally and nationally to prevent it happening again, including a new policy on pregnancy in women’s prisons. Remand and sentencing decisions are matters for the independent judiciary. We are taking steps to ensure that courts have relevant information, including on pregnancy where known, and we are investing in alternatives to custody.

[Baroness Hussein-Ece (LD)]

I thank the Minister for the positive response the Government have given to the ombudsman’s report on this shocking case, in which a troubled teenager who was on a local authority at-risk register and on remand was left to give birth on her own in a prison cell, where the baby tragically died. Sadly, we learn that this was not an isolated incident, but we do not know the extent. So why does the Prison Service not release comprehensive data on miscarriages, stillbirths and baby deaths?

The ombudsman’s report said:

“We consider that all pregnancies in prison should be treated as high risk by virtue of the fact that the woman is locked behind a door for a significant amount of time.”


In light of this, can the Minister tell me whether the Government will use persuasion and statutory force to ensure that the welfare of unborn babies and children must be a primary consideration for the courts when making bail and sentencing decisions?

[Lord Wolfson of Tredegar (Con)]

I will pick up on that last point first. We are seeking to ensure that courts have all relevant information when making bail and sentencing decisions. The default is that, if there is no reason to keep somebody on remand, they must be given bail unless there is a good reason why they should not have bail. When it comes to sentencing, custody is always the last alternative, and pregnancy is a mitigating factor.

As far as prisons are concerned, we have accepted all the recommendations in the ombudsman’s report. We have put a new policy in place; prisons have six months to implement it.

Non-fatal Strangulation and Suffocation

Baroness Hussein-Ece Excerpts

Thursday 8th July 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My noble friend is absolutely right. We need important work by the police in this area. The College of Policing has issued guidance to all its forces to ensure that domestic abuse receives proper priority, and 29 forces have received that training as of June 2021. A recent evaluation showed a 41% increase in arrests for controlling or coercive behaviour.

[Baroness Hussein-Ece (LD)]

My Lords, this week, an interim report from Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services had the headline:

“Epidemic of violence against women underway in England and Wales”.


The report contained the shocking figures of 1.6 million women who had experienced domestic abuse up to last year, and more than 150,000 rape and sexual offences recorded by police, 84% of the victims being women. Is there any cross-governmental action on engagement with men and boys to educate about and campaign against the causes of male violence and misogyny, and deal with what is now described as a “rape culture”?

[Lord Wolfson of Tredegar (Con)]

My Lords, I recently answered questions on the End-to-End Rape Review Report, which set out a robust programme of work right across the criminal justice system and beyond to make sure that we respond appropriately to rape and sexual violence offences. We want to increase the number of cases reaching court, reduce the number of victims who withdraw from the process and ultimately put more rapists behind bars.

Domestic Abuse Bill

Baroness Hussein-Ece Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[Lord Alton of Liverpool (CB) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Helic. She has said that she normally talks about international affairs, but in speaking to her Amendment 160 she has brought great skill and knowledge about discrimination, the Istanbul convention and international law in addressing this very important domestic question. It is therefore a great pleasure to be able to support and endorse her remarks, but also those of the noble Lord, Lord Rosser, and those who have supported his Amendment 148, as I do too. I declare an interest as a trustee of the Arise Foundation and I intervene in this debate specifically to support the right reverend Prelate the Bishop of Gloucester and her Amendment 151, to which I am a signatory.

The amendment would extend the eligibility to the domestic violence rule, DVR, and the destitution domestic violence concession, DDVC, to all migrant survivors of abuse and extend the DDVC from three to six months minimum. Undoubtedly, this amendment, like Amendment 148, would offer protections to some of the most vulnerable migrant women in our country who are currently denied support simply because they are on the wrong visa. The DDVC provides migrant women three months leave to stay in the UK, with access to benefits and the right to apply for indefinite leave to remain under the DVR.

This is a crucial path for women to escape abusive households and begin to be able to rebuild their lives, yet it is only open to a minority of migrant women—those on spousal visas or a small number of family visas. Those on all other visas suffer from no recourse to public funds, as the noble Baroness, Lady Hamwee, reminded us earlier. While there are no concrete numbers of how many women are penalised by this limitation, welfare charities estimate that the number is in the low thousands.

With no recourse to public funds, many of these women are trapped in situations of horrific abuse, as the noble Baroness, Lady Bennett of Manor Castle, told us in an excellent speech earlier on. I will give just one example here of a woman who came to the United Kingdom over 17 years ago from Sri Lanka. She said that for the first few years her marriage was okay, but:

“Day by day, week by week, month by month, year by year, a whole dark world built up around me. It was then that I realised that I was trapped by him. I had been sexually, mentally, verbally abused by him every day. I was so scared to talk to anyone about it because of my immigration situation.”


This woman has lived in the UK for her whole adult life, yet due to her visa she could not apply for the destitution domestic violence concession or the domestic violence rule. As she said:

“If I had a chance to access public funds, definitely, I would have taken the opportunity to move out a long time ago.”


For many of these women, the lack of recourse to public funds, combined with the abuse and lack of security, means they suffer high levels of anxiety, depression and even suicidal thoughts. Believing themselves to be completely trapped, they do not think there is anywhere they can turn. Their choice is so often either to stay in an abusive house or be returned to a country they left many years before.

As we have heard throughout the debates on this very welcome and much-needed Bill, the Covid-19 lockdowns are only increasing the vulnerability of those at risk of domestic violence and reducing the opportunities they have for escaping and rebuilding. Charities providing support to those with no recourse are finding themselves not only overwhelmed with women coming to them, but also having to face massive funding cuts.

Reading the testimonies from migrant women, I cannot help but be reminded of some of the stories I hear from the small anti-slavery charity of which I am a trustee. Let us not fool ourselves: in many other contexts this crime would be considered slavery, as my noble and learned friend Lady Butler-Sloss told us a few minutes ago. We should be treating those condemned to this life, and suffering so grievously, with the highest level of support that we can provide, no matter what their immigration status may be.

This amendment would begin to provide them with the welfare and benefits necessary to escape their abusers and build new lives. Moreover, by extending the DDVC support from 12 weeks to six months, we would be providing these women with enough time to really establish themselves and complete legal proceedings—12 weeks is simply not long enough to tie up all the legal ends necessary when leaving an abusive household and changing your immigration status.

It is time to end the visa lottery and extend the destitution domestic violence concession and the domestic violence rule to all migrant women, no matter what their immigration status. No doubt the Government will say—I look forward to hearing from the noble Baroness, Lady Williams, when she comes to reply—that they have instituted a pilot scheme. While this is commendable, and of course welcome, it is not a viable alternative to legislative and additional protection for these women. This pilot commits £1.5 million for one year, which charities estimate would be sufficient to support only about 500 women; it can be described as a sticking plaster at best.

This amendment is an opportunity to create a fair and compassionate system of support that can be accessed by all migrant victims without discrimination. Let us not miss this chance, but instead give a fair wind to the right reverend Prelate and her amendment, and to the other amendments before your Lordships tonight.

[Baroness Hussein-Ece (LD) [V]]

My Lords, I am really pleased that the noble Baroness, Lady Helic, has spoken to Amendment 160 and that we were able to hear from her. I am very pleased to have put my name to it. I also support what I have heard about Amendments 148 and 151, which were excellently and very eloquently moved and spoken to by the noble Lord, Lord Rosser, and the right reverend Prelate the Bishop of Gloucester.

I am speaking to Amendment 160 to support non-discrimination to ensure that the Domestic Abuse Bill is truly victim-centred and complies with the Istanbul convention, as set out by the noble Baroness, Lady Helic. I signed amendment as someone who worked for many years supporting women from BAME and migrant communities who were victims of domestic violence. I saw terrible instances of violence and abuse against women and girls and, along with the women I worked with, I often faced threats from abusers who thought that an outsider interfering should not be allowed. This was very common; this was a private matter and anyone trying to intervene, to rescue women or give advice or information, could and did receive threats, as we did.

I want to ensure that all victims and survivors of domestic abuse can properly access protection and justice equally—which, sadly, is currently not the case. I helped establish a user-led, BAME women’s centre, IMECE, which for over 25 years has helped thousands of Turkish-Kurdish, Turkish-Cypriot and other migrant women, mainly across London, to access services and be given support. While I was a local councillor in the London boroughs of Hackney and Islington, for a total of 16 years, I dealt with numerous cases of domestic abuse—in fact I still get cases referred to me as a result of my work there.

This amendment would enshrine a more consistent and cohesive approach. The principle of equal protection in the Bill would ensure that all public authorities must adopt a consistent and cohesive approach to making provision and arrangements for victim protection. We currently have a postcode lottery approach to victim protection, but this would have to change if this amendment was enshrined in the Bill. Research found that 46% of migrant women were often failing to access support by the police when reporting abuse. This is a startling figure. The new criminal justice measures introduced in the Bill are welcome, but they relying on victims self-identifying when reporting abuse or violence and the criminal justice process responding positively to the victim’s complaint. They do not address the well-known barriers to reporting faced by victims of domestic abuse which are a particular problem for migrant victims. We have already heard that that is, sadly, the case. When it comes to support for these victims, they are faced with the chronic underfunding of specialist services run by and for BAME women which have the expertise, knowledge and links.

In December, I saw a report that the police watchdog advised that police should share less information with immigration officials about abused or trafficked women. Her Majesty’s Inspectorate of Constabulary said that women do not report abuse for fear of deportation. This advice to the police needs to be better enshrined in law. These communities and women deserve more support. The specialist organisations that I referred to, which have provided such unique advice and information and shared their experience with us in the formulation of this very welcome Bill, are uniquely placed to support migrant women to get help and rebuild their lives after abuse. For example, Imkaan reported that 43% of the requests for violence against women and girls support to BAME specialists were from women needing support in connection with immigration-related issues. We heard that 60% of women who approached Southall Black Sisters, which has been around for many decades doing excellent work, for support have insecure immigration status. The organisation I referred to, IMECE, with which I worked extensively, also reports that a significant proportion of women seeking its help were migrant women or refugees.

The fact that perpetrators use immigration status as a weapon to continue to control and abuse is well-known and a reality. This is often exploited by perpetrators and misunderstood by public authorities, so enshrining in law the right to protection from domestic abuse without discrimination would remove significant power that perpetrators exploit and would enable victims to access vital support to escape abusive situations and to hold perpetrators to account. Migrant women who have experienced domestic abuse face additional barriers and they need our support. Crucially, that includes access to safe housing, as we have heard from other speakers including the noble Lord, Lord Rosser, and my noble friend Lady Hamwee. We heard the shocking figure that just 5% of refuge spaces listed last year were accessible to women with no recourse to public funds. Where do these women go? They are often destitute or have to rely on the help of family or sympathetic friends. Their lives are made appalling and actually insufferable and their children suffer immeasurably.

We know about the limited specialist refuge provision for BAME women across England and Wales. The figure I have is approximately 30 refuges in total, which are concentrated mainly in London and are oversubscribed. The current local authority duty proposal in the Bill will do nothing to tackle the barriers that BAME and migrant survivors face in accessing refuge space unless there is a clear legal commitment to resourcing equal access by introducing a non-discrimination clause.

There has been much support for a truly non-discriminatory component to be enshrined in this important Bill. The Minister in the other place has already stated that it should ensure that,

“all victims of domestic abuse are treated first and foremost as victims, regardless of their immigration status.”—[Official Report, Commons, 28/4/20; col. 299]

If this Bill is to be truly transformational, enshrining a non-discrimination principle is the only way to ensure that we do not have a two-tier policy where society’s most isolated and marginalised victims cannot get the support and justice they desperately need, and are left to suffer in limbo with no legal protection. Help should be available to all those who need it. There should be no hiding place for perpetrators and we cannot have a subsector of victims, a small but significant group of migrant women, who are left with little support and equality.