Domestic Abuse Bill

Jess Phillips Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

Like the Minister, I wish to place on record my own and my party’s sadness on behalf of Her Majesty the Queen. I suppose all your life you get used to the existence of the royal family as if they are always going to be there. In the passing of Prince Philip, we realised how lucky we are as a nation to have a sort of backbone that is always there—a family who are not always perfect, like anyone’s family, but who we can look to. I and we all feel very keenly in light of the pandemic the loss to the royal family specifically and to us as a nation.

We also share in the Minister’s sadness at the loss of Dame Cheryl Gillan. Regardless of political party, she was a friend especially to every woman in this House. To every woman from every party who came, she offered words of advice and words of exasperation in the lady Members’ rooms. She was one of a kind, and she will be missed genuinely and keenly across the House. She would definitely have been here today, without question. She spoke in almost every single one of these debates. We will miss her further, and no doubt we will all seek to take on her work.

Following the death of Sarah Everard, heartbreak, fear and anger ripped through the country—a response to the endemic violence that women and girls suffer. People felt it in their bones. Responding to such an outpouring of grief is our job. It is our duty and a privilege as parliamentarians to take that emotion, that fear, that rage, that passion and that injustice and to turn it into policy and law. It is our job to do something meaningful.

The question for the House today, as we consider the amendments inserted into the Bill by the other place in the heat of those moments, is: who do we decide to save? I will briefly talk through which amendments we are supporting and why, as the Minister has done.

I welcome very much, as I have throughout its passage, the immense changes to the Bill. It is unrecognisable from the day it started, which I do not know if anyone can remember; it seems so long ago. The spirit in which the Bill has been forged—that is how it feels—has always been to seek amendments and to work to improve it, and my comments will continue in that exact same spirit as we seek to continue to amend it.

Amendments 40, 41 and 43—I am sure nobody will be surprised to hear my views on migrant victims of domestic abuse—would allow migrant victims to access support and protection just like everybody else and just like I could. Without the amendments, victims will be left trapped in abusive households. It is as simple as that. The Government will seek to tell us that they have proposed a pilot project, which we have heard about today. I am pleased to hear that the pilot has gone to Southall Black Sisters, I believe in partnership with Birmingham and Solihull Women’s Aid—a place very close to my heart—but the specialist organisations and independent commissioners have all been very clear that the pilot is inadequate, as the hon. Member for Strangford (Jim Shannon) alluded to.

Analysis by the domestic abuse sector suggests that thousands of victims could be left unprotected and unsupported under the pilot scheme. Students here studying, for example, might be raped, battered and abused by their partners. Thousands of students have this week talked on the Everyone’s Invited site about sexual assaults on campus. Foreign students would not be able to seek refuge in the same way that I can under the current rules in this country if they needed to escape.

This pilot is not good enough. It will only provide minimal, short-term support for 300 to 500 women. There is no money, for instance, for counselling, therapeutic intervention, interpretation costs, children’s costs and medical or travel costs. What happens, then, when the 501st victim visits? I can tell you what happens to the 501st victim, because it is what happens now. It is happening to Farah, who was routinely tormented and assaulted with a belt by her father and trapped in that abuse without access to public funds or support and protection. She said:

“I made many calls to the council and even the national domestic violence helpline and many other organisations for people who suffer domestic violence. They all said the same thing: I had no recourse to public funds, so they couldn’t and wouldn’t help me. Some of them even said it was the law not to help me. I guess that no recourse to public funds means that it’s okay for me to be violated physically and mentally abused by my father. I guess the Government approves of that.”

Lords amendment 40 establishes safe reporting mechanisms which ensure that all victims of domestic abuse feel able to come forward to the police. Perpetrators know at the moment that they can use immigration status as a weapon against vulnerable, frightened victims—“If you tell the police, you’ll get deported and you’ll never see the kids again. If you go to the police, they’ll lock you up in a detention centre.” I have seen this thousands of times.

At the end of last year, three police oversight bodies said that the data sharing with immigration enforcement was causing “significant harm” to the public interest. If victims cannot report, those perpetrators remain out there. We are leaving violent rapists and dangerous, violent men in our community, able to hurt people again and again. I listened to the Minister’s comments on this, and obviously I welcome the idea of a review. In terms of the idea that it is premature to ask for the law to be amended to protect these victims, I have stood in the House asking for this for at least four years. It does not feel premature for my constituents who had threats to kill and ended up in detention. It does not feel premature when I had to go to Yarl’s Wood to collect them.

I have to disagree with what the Minister said. These amendments do not ensure indefinite leave to remain for all victims of domestic abuse or allow some mythical path to dodge immigration processes. They are about getting victims out of an abusive and dangerous situation, on an equal footing to what any one of us in this House would expect for ourselves and our daughters. I also expect it for all my constituents.

Moving on to other serial offenders whom we currently leave on the streets and those victims who are at the highest risk of harm, Lords amendment 42 requires serial domestic abuse or stalking perpetrators to be registered on a database and accompanied by a comprehensive perpetrator strategy. The Labour party supports this amendment. Zoe Dronfield almost died when her ex-partner attacked her with a meat cleaver. Zoe spent weeks in hospital recovering from bleeding to the brain, a stab wound to her neck and a broken right arm inflicted during an eight-hour ordeal at the hands of Jason Smith. Zoe discovered after reporting her case to the police that Smith had abused 13 previous victims. There is a desperate need in this country to do something to identify, manage and monitor these high-harm perpetrators of stalking and domestic abuse. They would not have been met by current MAPPA. [Interruption.] The Minister claims that that is not true, but they were not in these instances.

[Victoria Atkins]

I just want to clarify this, because it is an important detail. Category 3 of MAPPA is defined as “other dangerous offenders”. It does not matter whether that offender has committed section 18 grievous bodily harm or criminal damage, which, as the hon. Lady will know, is a much lower offence. It is the risk assessment of that defendant in the circumstances of the offence that matters and puts them in category 3. That is the point—it already exists.

[Jess Phillips]

If it already exists, why was Jason Smith allowed to go on and abuse 13 other people? It is not just Jason Smith, of course—it is the person who killed Hollie Gazzard, the person who killed Jane Clough and the person who killed Helen. The reality is that this is not working, and the victims in these instances, like Zoe Dronfield, have spoken very clearly, and the agencies have spoken clearly. They have asked us to look again and help to protect them.

[Victoria Atkins]

Just to assist the House, as I hope I made clear in my speech, we know there have been horrific instances where, in the system itself, those risk assessments and the management have not been done properly. I think we are having a disagreement about whether putting in a new category will change that. We want to look, and we are doing so through the statutory guidance, at how these assessments are made on the ground. That is what will make a difference, not a statutory framework.

[Jess Phillips]

I can sympathise with what the Minister is saying, but I would ask the House and the Minister to sympathise with somebody on the frontline who has been watched again and again, through one multi-agency risk assessment conference after another, or a serious case review or a domestic homicide review. Again and again, the same thing is said—agencies do not speak to each other. The idea of amending the statutory guidance but not putting in place some legislative framework so that this has to occur is just more, “Oh, let’s see if we can get agencies speaking to each other again.” It just is not enough. It is not just me who thinks it is not enough. When I spoke to Zoe Dronfield herself this morning, she told me that she was devastated. In the heat of the Sarah Everard killing, she felt that the Government were listening, and today victims like her feel as though they have been let down.

The Government amendment in lieu is not enough. It is perfectly fine in its own right and the Labour party called for a perpetrator strategy in Committee, but it is not the same as what is proposed in Lords amendment 42. It is not even nearly answering the same question. Dangerous criminals are on our streets and in our homes, and repeating the same acts of violence and abuse over and over again, moving from victim to victim. Nothing in what the Government have proposed, I am afraid, has anywhere near enough teeth or will account for, identify and offer safety to the victims now dead at the hands of the most serial perpetrators. The amendments from the other place are strong, and I very much imagine that it will successfully push back. The Labour party stands ready to support it as it does so, and stands to support the victims.

Disabled victims are currently left out of the Bill. Lords amendments 1 to 3 change the definition of “personally connected” to reflect the lived experience of disabled victims of domestic abuse. Disabled people can be victims of domestic abuse by paid and unpaid carers, with whom they have close, intimate relationships. For victims, this abuse of trust and power is experienced in exactly the same way as that perpetrated by a mother, a father or a partner, so it should be recognised as such in the Bill. The expansion of the definition of “personally connected” will not dilute it, as has been suggested by the Government, but fortify it to protect those who right now are being domestically abused because they are dependent on another person in their lives. This is what disabled people have asked for, and I am sure we will see after today if the review proposed by the Government is satisfactory to those voices, who are the ones we must listen to in this.

Moving on to training of the judiciary and the accreditation of child contact centres, I want Members in this House to know that today they will be voting against making it mandatory for family court judges to be trained on domestic abuse. The Government are claiming that Lords amendment 33 threatens the independence of the judiciary. They have yet to elaborate, and the Minister did not elaborate on this point earlier. However, I shall assume—she can of course correct me if I am wrong—that she and those who sit behind her, both metaphorically and actually, are using the Constitutional Reform Act 2005, which gave the Lord Chief Justice responsibility for training. I am assured that those who tabled this amendment in the other place took legal advice on this exact thing, and they do not agree that it is unconstitutional, but think it fits very well with that Act.

The amendment was drafted by a peer who is a QC, and was accepted by the parliamentary Clerks. On Report, a number of significant legal minds voted in favour of the amendment, including QCs and the former Deputy President of the Supreme Court. I would very much welcome a copy of the Government’s legal advice. There is absolutely no desire on our parts to do anything that is unconstitutional. We are not even saying what the frame of the training has to be, just that it has to happen. The idea that the Lord Chief Justice would push back, saying it did not have to happen and was against the independence of the judiciary, is something, frankly, that we would want to push against.



The Government’s own harm review found that comments made by judges in the family court included, for example, that a woman could not be a victim of domestic abuse because she wore make-up to court. Judges also found that women were emotional and temperamental when they cried about their abuse in the court room. Who knew that we did not need the police, the courts or welfare for victims of domestic abuse? We should have just told women to pop on a bit of make-up, and that would have protected them from domestic abuse. That is essentially what is being said in our family courts: if a woman wears make-up, how can she be a victim of domestic abuse? That was not said by me but by a judge in our family courts, and that kind of attitude is not just insulting but dangerous, because terrible practice in our family courts leaves children alone with violent perpetrators. I am not offended by the sexism; I am frightened for people’s lives.

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[Mrs Theresa May (Maidenhead) (Con)]

If I may crave your indulgence, Madam Deputy Speaker, I wish, as the Minister did, to take the opportunity in this Chamber to pay my tribute to our late right hon. Friend, Cheryl Gillan. Cheryl was an incredible person. She was a fierce defender of her constituents and proudly put forward their interests, but she was also a great friend to MPs across this House. As the Minister and the shadow Minister recognised, she was particularly a friend to women in this Chamber. Quite simply, with the passing of Cheryl Gillan, this House has lost one of the best of its Members.

Before I comment on the amendments, I want to say a huge thank you to all those who have been involved in this Bill from the very inception of the idea of having another Domestic Abuse Bill. Although I do not necessarily agree with all the Lords amendments, I recognise that everybody has been working to make the Bill what they believe to be absolutely the best. This really important Bill will save lives and protect the too many people who, daily, are sadly abused by their partners and those they are living with in horrific and terrible ways.

I turn now to specific amendments. I have just referenced the abuse that takes place, and I fully recognise the intention behind Lords amendments 1 to 3. We should, of course, have absolutely zero tolerance of abuse by carers. The very name “carer” means that they are supposed to be looking after and caring for the person they are with. One of the most important aspects of the Bill—it seems very trivial, but it is one of the most important aspects—is the definition of domestic abuse, and the fact that we are adopting that wider definition of abuse. Domestic abuse is not simply abuse that takes place within a domestic setting. It takes place between two individuals who have a particularly close and intimate relationship, and it is that personal connection that I think is important.

The Government are absolutely right to be working with those who have raised, in particular, the abuse of disabled people to look at what protections need to be put in place, why the system is not currently working and why the arrangement that can deal with these cases does not always appear to be working. What lies at the heart of domestic abuse is the relationship between the perpetrator and the victim. That is why it is important that we do not widen the definition in the way their Lordships have proposed.

Of course, domestic abuse can continue outside the domestic setting—for example, in a workplace or online. That is one of the reasons why I particularly welcome Lords amendment 34, to extend the offence of controlling and coercive behaviour to a situation where the perpetrator and victim are no longer living together. It is a mistake to think that domestic abuse ends if the two individuals, the perpetrator and the victim, are physically separated by no longer being together in the same premises. This is an important amendment. As we know, too many survivors find themselves subject to controlling and coercive behaviour even after they have been separated from their perpetrator. I commend the role played by my noble Friend Baroness Sanderson in putting forward the amendment. I also commend her for all the work she has done on domestic abuse when she was working for me in No. 10 Downing Street and subsequently in her time in another place. I am sure she will continue to work on these issues.

I want to come on to the Lords amendments that I do not agree with. Lords amendment 33 is about training for judges. I have heard the arguments across the Front Bench on that issue. During lockdown 1, I joined Dr Peter Aitken, Elizabeth Filkin and the former Supreme Court judge Nicholas Wilson to produce a report called, “Seize the Moment to End Domestic Abuse”. We focused particularly on the Bill and its implications. One important recommendation we made to the Ministry of Justice was that the MOJ should ensure the proper training of judges on the implications of the Bill once it is enacted. The shadow Minister is absolutely right that there have been some very bad cases where the attitude of judges has shown that they simply do not understand domestic abuse, the nature of domestic abuse or the wide range of abuse that can take place. It is important that training is the responsibility of the Lord Chief Justice, and I think the commitments given by the President of the Family Division and the Judicial College are important in that respect. I would simply say to the Government that it is important that the Government make sure that those steps are put in place and that training is put in place.

I want to raise a question that may be answered later. There is an issue about who decides the nature of that training, how good the training is and what it actually covers. I am sure there are those who would say that the judiciary have had training already. Well, it is patently obvious that there are some who perhaps did not imbibe the training as well as they might have done.

This point is not specific to the amendments, but, if I may, it is not just the judiciary whom we need to ensure are trained. We need to ensure that the police, local authorities and others are trained on the implications of the Bill when enacted if we are going to see it being implemented. One thing we sometimes forget in this place is that it is not just about passing pieces of legislation; it is about what then happens with that legislation and how it is implemented.

I will now come on to one of the more contentious areas in the amendments, which has been a long-standing issue: the question of support for migrant victims. The Minister and the Government have given a clear commitment to ensure that the victims of domestic abuse are treated as victims, whatever their immigration status. Of course, systems of support are already in existence—the destitute domestic violence concession scheme, as has been referred to by others, is for those who are here on a spousal visa, while victims who are also victims of modern slavery can be referred to support available through the national referral mechanism—but the concern is that there are those who are falling through the net. The Government undertook a review. They have now undertaken to put in place the Support for Migrant Victims scheme. The Minister announced that Southall Black Sisters will run that scheme, which I welcome.

It is important that we recognise that not all victims are the same and that we are able to identify the specific circumstances and the specific protections and support needed in those cases where people are currently falling through the net. I support the Government’s decision not to support the Lords amendments on these particular issues. What matters is that victims are recognised as victims, regardless of their status. What we must now allow is the good intention of providing extra support for victims inadvertently leading to more victims.

On data sharing, which has been linked in the amendments, the issue is not as simple as it is sometimes portrayed. I am very pleased to be able to say that this is, I think, the first use of the police super-complaints process, which was introduced, as the Minister said, under the Policing and Crime Act 2017, so I have some sense of bearing some responsibility for it. That is good, because it shows that it can work.

[Jess Phillips]

It won’t be the last.

[Mrs May]

The hon. Lady is right; it won’t be the last. The important thing is that it has been shown that it works and that a super-complaint can be brought. Let us respect that process and do what has been recommended by HMICFRS—I apologise for the initials; I think I put the fire service in with the inspectorate of constabulary—and, as the Government say, undertake that review and put into place whatever is necessary as a result of it.

On Lords amendment 42, on the register, this has been a matter of debate for some considerable time. It has been raised with me by constituents and by one of my local councillors on behalf of a resident not in my constituency. What I would say is that simply putting somebody on a register does not mean that protection is going to be provided. There was an exchange across the Front Benches about MAPPA and how it is operating. MAPPA can currently cover these cases of serial domestic abuse offenders and high-harm domestic abuse offenders, so there is a question as to who would be covered who is not already covered. If they are already covered but there are still these cases, the question is not whether the system applies to these cases, but why the system is not working in relation to them.

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[Victoria Atkins]

Home should be a place of love and safety, but for 2.3 million adult victims of domestic abuse, and for their children, it is not. We all want this abuse to stop, and we want victims to live peaceful, safe and happy lives, and as I have said many times at this Dispatch Box, that is why this Government are bringing forward the Domestic Abuse Bill. The continued passage of the Bill marks an important milestone in our shared endeavour across the House to provide better support and protection for the victims of domestic abuse and their children. It is the culmination of over three years of work, although I rather liked the slip of the tongue by my right hon. Friend the Member for Basingstoke (Mrs Miller) when she said it felt like two generations. I pay tribute in particular to my right hon. Friend, who as chair of the Joint Committee, set in train much of the work that has happened in this place and the other place when the Bill was in draft form. I thank her sincerely.

I also thank my right hon. Friend the Member for Maidenhead (Mrs May) for championing the Bill, both as Home Secretary and as Prime Minister, and now—eminently, if I may say so—from the Back Benches. I also thank all right hon. and hon. Members who have contributed today. The Bill has been improved during the course of debate in both Houses. It was scrutinised properly and thoroughly by their lordships, whom I thank for their vital contributions. I do not know whether many other Bills have had a mere 86 amendments to them when they came back to this place. This is a sign of their lordships’ commitment. The Bill includes real measures to help victims of domestic abuse and, as we have heard, even beyond those relationships. It expressly recognises the harm and distress caused to victims by so-called revenge porn and threats to disclose such images.

The Bill also creates a new offence of non-fatal strangulation. My hon. Friend the Member for Newbury (Laura Farris) did much in this place when the Bill was before us for scrutiny, along with the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), to campaign on the issues of rough sex and non-fatal strangulation. My hon. Friend asked me about consent in the amendment, and I want to try to clarify that in order to reassure people who may be watching. A valid defence of consent is available under the new offence only where the offence does not involve causing serious harm or where the perpetrator can show that they had not intended to cause serious harm or had not been reckless as to the serious harm caused. This provision reflects the current law as set out in R v. Brown and, indeed, in the rough sex clause that was passed earlier in the Bill’s progress. We have had to be, and tried to be, consistent with both of those provisions, and I hope that that reassures my hon. Friend.

I have listened carefully to colleagues who have raised the issue of the management of perpetrators. This is absolutely critical. I have talked in the past about the evolution of our understanding of domestic abuse. We look back on the days of the 1970s when brave campaigners for Refuge and other organisations started setting up refuges and talking about domestic violence. Our understanding and our efforts to deal with this have obviously moved absolute milestones in the decades since then, but one of the challenges that we will certainly be looking to address in the domestic abuse strategy is the management of perpetrators. I am delighted that we are now investing unprecedented amounts in perpetrator programmes, as announced in the Budget, because we have to prevent perpetrators from committing harm in the first place. Again, let me emphasise that the reason we find ourselves unable to accept that Lords amendment is that creating a separate category as envisaged in the Lords amendment does not get away from the need for the MAPPA authorities to make a judgment in individual cases as to whether a particular offender should be managed under the framework. I want to be clear that three categories exist in MAPPA. Category 1 covers registered sexual offenders. Category 2 covers any violent offender or other sexual offenders convicted of offences under schedule 15 to the Criminal Justice Act 2003 and sentenced to more than 12 months’ imprisonment. Category 3 covers any other dangerous offender. So on the sorts of horrific examples we have been hearing about, if there are convictions in the background of those offenders, these categories would cover some of the convictions that have been described. I say that, but I hope again that colleagues have appreciated that I have been very clear that there must be improvements in how the system works on the ground. That is why we have announced—we went into a little more detail in the “Dear colleague” letter—that we are going to revisit and refresh all relevant chapters of the MAPPA statutory guidance so as to include sections on domestic abuse, to ensure that agencies are taking steps to identify perpetrators whose risk requires active multi-agency management. We are ensuring that cases of domestic abuse perpetrators captured under categories 1 and 2 are included in the threshold guidance that is being developed. We will issue an HM Prison and Probation Service policy framework setting out clear expectations of the management of all cases at MAPPA level 1. This work on this new system, the multi-agency public protection system, will have a much greater functionality than existing systems, including ViSOR, enabling criminal justice agencies to share information efficiently and to improve risk assessment and management of MAPPA nominals. That is what will address the very understandable concerns that colleagues have raised in this debate.

I come to the final point I wish to touch upon, and I hope colleagues will understand why I am going to be quick. Hon. Members have raised questions and concerns about the issue of judicial training. My right hon. Friend the Member for Maidenhead and my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) set out the problems with the way in which Lords amendment 33 seeks to achieve that laudable aim, which we all agree with, of ensuring that the judiciary and magistrates must be trained well and, importantly, trained regularly. Referring back to the comments I was making earlier about the progress that has been made in the past few decades, let me say that, by definition, our understanding has grown, even, as some have said, during the passage of this Bill. Of course, that knowledge must continue to be deployed and trained. Domestic abuse is covered in all family law courses run by the Judicial College, and the debates held in the other place and in this place will I know—I have faith—have been watched and listened to very carefully by the President of the family court and others.

[Jess Phillips]

I admire the hon. Lady’s faith, but I would like something more than faith. The triumph of hope over experience will, I fear, leave us in the exact same position with the exact same problems. Faith is well and good—I have it in spades—but I would like to know about a monitoring process that will be done to review how well people are trained and how well this is working.

[Victoria Atkins]

I am happy to help the hon. Lady. As I said in my opening remarks, the President of the Family Division has indicated that he will consider making recommendations regarding training, taking into account this Bill, the harm panel report, which, as she knows, is critical to the Ministry of Justice’s concerns in this area and the four recent Court of Appeal judgments in domestic abuse cases. I would argue that there is a real understanding among our independent judiciary of the need to make sure that they are equipped to ensure that justice is delivered—and delivered well—in the courtrooms over which they preside.

In summing up, let me reflect on the course of the Bill. Progress on the Bill has been characterised by a determination on both sides of the House to work constructively and collegiately. At every stage, we have endeavoured to focus on what can be done to help victims of domestic abuse and to ensure that the abuse can stop. As my right hon. Friend the Member for Basingstoke put it, these are not our issues—these are not party political issues—but the issues of our constituents who are victims and of their children, and I know that each and every one of us has had that very much in mind in all our deliberations on the Bill.

I therefore commend the Bill and the amendments that the Government support to the House. I very much hope that we will be able to make real and meaningful progress and pass the Bill, so that we can get on with the job of helping the victims we all feel so strongly about.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 22nd March 2021 Commons Chamber

[Priti Patel]

The hon. Gentleman has highlighted some important points around rape, sexual violence and abuse within the criminal justice. I can confirm that, as part of the work of the Crime and Justice Taskforce, the Government, with the Ministry of Justice and the courts system, are looking at a range of measures to see how we can do more to fast-track cases and also to make sure that victims are protected in the right kind of way, as the hon. Gentleman has said. Alongside that, a great deal of work has taken place across Government with the end-to-end rape review.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I am delighted to hear that the Home Secretary has finally joined up with us on trying to do better to address violence against women and girls, and that the taskforce was announced last week; we look forward to working with her. We are hopefully going to enter a new era on street harassment, thanks to the deeds of Labour women here in the Commons and in the other place, who pushed the Government to record misogyny as a hate crime. With that in mind, may I ask the Home Secretary what she intends to do to train police forces? Can she tell us why only half of English and Welsh forces have undertaken Domestic Abuse Matters training, even though research shows that where forces have received it, there is a 41% increase in coercive control arrests?

The Minister for safeguarding, the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), said over and over again last week that police training was important in improving the dreadful and worsening outcomes for abused women in this country, so how come, under her watch and the watch of the Home Secretary, only half of forces have undergone the necessary, proven training? Will the Home Secretary tell the House what she has done to ensure that all are trained, other than just saying she wants them to be? We need deeds, not words; otherwise, her Home Office will keep releasing more and more violent perpetrators back on to our streets.

Draft Registration of Marriages Regulations 2021

Jess Phillips Excerpts

Wednesday 10th March 2021 General Committees

[Jess Phillips (Birmingham, Yardley) (Lab)]

Not for the first time in my political career, it is a pleasure to serve under your chairship, Mrs Miller. It is certainly a pleasure, following the Minister’s comments, to have a working mother in the Chair.

The Opposition welcome the modernising of the system that allows a couple’s mothers’ and fathers’ details to be documented, alongside the flexibility for changes when they are needed in future. Modernising, from a technological perspective and a value perspective—the changes mean a marked decrease in costs—is welcome, but when it comes to gender equality, we do not just welcome it; we are very happy to see it.

For me, I suppose that this means that I will appear, if my children ever get married, on their marriage certificates. I did not think that that mattered to me particularly until I was told that I would not be on them and that my husband would, especially when I think my job is better—I want it on their marriage certificates. The change is much welcomed.

On Monday, it was International Women’s Day, a day when, across the globe, we celebrate the progress made in the quest for gender equality, as well as remember how far we have to go.  The delegated legislation means that both parents’ names and occupations will be recorded as part of the marriage. That omission until now reminds me of a fundamental of policy and politics—that we only make a note of, a legal record of, or count the things that we care about.  I presume that the old marriage registration system did not require or make note of the name or job of the mother because, as a society, we saw it as not important, not worth acknowledging and not worth the paper it would have been written on.  I am sad to say that this fundamental still rings true in other areas. There are many examples where we do not count, record or make note of the lives and experiences of women adequately. I hope that today begins progress in other areas.

I also want to flag the length of time it has taken to respond to the pressure from the public to bring forward the reform. The online petition from 2014 attracted 70,000 signatures. The delay of seven years again reminds me of the slow progress in so many areas in the fight for gender equality and justice.  In December 2018, the World Economic Forum reported that it will take 202 years to close the gender pay gap, but of course we are not currently bothering to count that either.

The Opposition do not oppose this legislation. We welcome the digital modernisation and immigration alterations and of course the progress on making mothers’ lives and work matter. This Opposition mother just wishes that it did not always take so long for us working mothers to be noticed.

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[Kevin Foster]

Absolutely not. There is nothing to stop that. As the hon. Member will know with baptism, which is not recorded in a secular sense by the GRO, certificates are issued by churches. I think the language on them usually says they are to be used “when the child is presented to the Bishop for confirmation.” That is true in the Anglican tradition and there is nothing to stop that. It will not be a legal document of the marriage, but electronic statuses and transactions are becoming increasingly common for most people, and this will be an easy-to-access digital status when needed—for example, to prove a marriage to a bank or someone else—rather than, necessarily, as the hon. Member says, something that someone might want to have on the wall as a record of their relationship.

[Jess Phillips]

Just to clarify and potentially answer one of the points, nowadays anything can happen, ceremonially, in a church, or even in a registry office, where I got married; churches can, if they want, still keep old books, make records and keep the history of that church. Nothing in the draft regulations bars that—is that correct?

[Kevin Foster]

That is correct. The only things churches should not use are the current marriage certificates issued under the Marriage Act 1949. That is the thing that changes. Parish registers, which some Church of England parishes have kept literally since medieval times, can continue to be kept. There is no reason why a church cannot give something to people to mark their marriage there. However, people who attend the wedding perhaps will not see that the form that is signed is then sent by the priest back to the registrar to be entered on to the digital record.

We discussed at some length with the Church of England how we can provide a practical solution. It has thousands of priests and marriage venues that have stood for centuries, where a computer solution cannot realistically be installed in any sense, or even a mobile one, so that details can be directly entered into a digital register. This was the solution that we came to. It seems both fair and reasonable, and to be clear, the Church is perfectly happy with it.

Grooming Gangs

Jess Phillips Excerpts

Wednesday 3rd February 2021 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

I thank the Petitions Committee for bringing us here today. I, like others, think that this should have more prominence than waiting for the public to raise it; it should be front and centre in our thinking.

I remember the words of the girl who sat in front of me 10 years ago as she described, as if it were completely normal, a line-up of men at a party waiting for her to perform oral sex on them. She said it to me as if it was an everyday thing—no biggie. A year later, I was called to a school where a group of boys had sexually abused, assaulted and exploited over 50 girls at their school. I spent hours and hours interviewing young people and children about their experiences of sexual exploitation and abuse, and I realised how normalised, even in my own childhood, had become the idea that men can pass around girls and women among friends and associates in order to broker power, money and status.

In the last 15 years, thanks to the bravery of victims of sexual exploitation and grooming gangs, and also to the bravery of whistleblowers from police forces, sexual health services, youth workers and brilliant campaigners such as my hon. Friend the Member for Rotherham (Sarah Champion), we better understand this heinous crime. Less than a decade ago, terms such as child prostitute were bandied around and children were still considered troublemakers rather than victims. The last decade has taught us many things. This crime should never have been ignored, and these children were failed by pretty much everyone. Anyone who seeks to use this horror as a political tool, rather than having a laser-like focus on saving the victims and bringing to justice the perpetrators, should be ashamed. As the hon. Member for Barrow and Furness (Simon Fell) said really eloquently, this issue is not a tool to be further exploited.

The Government have now published the long-awaited review that the petition called for. I am only sorry that the delay meant that further distrust and misdirection on this issue was allowed to gain traction. Transparency, openness and robust external and internal critique of state agencies is the only way that we are going to combat this crime and win back trust.

Let me turn to the Government’s newly released strategy on combating child sexual abuse. The strategy is good in the most part. As other Members have said today, it is a first step in the right direction. I am sure that the Minister will expect nothing less from me than a promise that at every single stage that this strategy is rolled out, I will be there asking exactly how the Government are going to do all the things they say they are going to do. I will keep on at her Department every week and check on progress.

My hon. Friend the Member for Rotherham is usually right about these things and she was right today that unregulated care homes have to be sorted, and that pre-charge bail should be—without question in this area, and in many others when it comes to vulnerable people—sorted immediately. The hon. Member for Cities of London and Westminster (Nickie Aiken) also made very good recommendations, and I could not agree more with the right hon. Member for South Holland and The Deepings (Sir John Hayes) with regard to taxi licensing and the effort that needs to be put in there. The Government should do all these things; not one of them is in the strategy currently.

The strategy talks about working together, and we have heard a lot about cross-Government Departments needing to work together. I have spent the last decade, at least, sitting through review after review on this topic, meeting after meeting, homicide review and serious case review after another. In every meeting, I heard the language of “agencies do not work together well enough” and “information sharing is a problem”. In 10 years’ time, I will hear the exact same thing. Saying this and writing it into a strategy will change nothing. We have to make sure now—today—that this is not about what review we want to do; it is about what we want to change and how it can be different this time.

I turn to the proposals for schools in the strategy. There are very few people in this House who would not support the sentiment of a strategy that says, “We will educate children and young people about healthy relationships in a digital world”—noble indeed.

Yet only this week we have seen the publication of school materials being used in some schools in the UK that are teaching, and I quote:

“within a romantic relationship between male and female, masculinity is more about initiating”,

whereas,

“femininity is more about receiving and responding”.

The Government continually shrug their shoulders about these incidents, but they need to understand that without proper funding, robust safeguards and proper scrutiny, there is a potential that the roll-out of healthy relationships education could be anything but. Telling girls to expect men to initiate sex, and for them to receive it and respond to it, is dangerous. What will the Government do to monitor what is being taught? Saying that prevention will happen in our schools will take much more work than just words written on paper.

If I were to reflect on the whistleblowers in famous cases, including Sara Rowbotham and others from Rochdale mentioned by Members today, I would find that it was youth workers and sexual health workers who tried to speak up for the hundreds of girls that they were seeing being abused and exploited, yet over the past 10 years we have seen huge reductions in the numbers of youth workers and detached sexual health practitioners. Years of cutting back these services as if they were a luxury means that in any strategy the Government write now, they have to build from no base. A decade after these scandals, we should not still be in pilot phase after pilot phase.

The Government’s own strategy outlines that in the year ending March 2020, there were 58,000 police-recorded incidents of contact child sexual abuse—abuse where contact was made, not on the internet. In the year ending December 2019, only around 3,700 defendants were charged and 2,700 were convicted. That suggests that there are tens of thousands of incidents of contact child abuse reported with no further action. The number of convictions has been reducing since 2016. This situation is getting worse; we are convicting fewer people. The Government have been in power for a decade and they have been talking tough on this issue for pretty much all that time, yet numbers show appalling charges and conviction rates, which are getting worse.



I want to close my remarks by paying tribute to the victims of this crime and saying some of the things that they have asked me to say today. Like my hon. Friend the Member for Barnsley East (Stephanie Peacock), I spoke to Sammy Woodhouse just earlier this morning; I speak to her regularly. Sammy, as many have mentioned, was horrendously abused from the age of 14 and had a son born of repeated rape by Arshid Hussain. Sammy wanted me to specifically raise the issue that it is still very much the law in this land that her rapist should be allowed, and in fact in her case was encouraged, to seek access to her son through the family courts—a man who abused her as a child given credence as a father.

Sammy’s case, as the Minister knows, is by no means an exception. We can all stand here and be fire and brimstone about the rapists and child abusers—monsters, as the hon. Member for Rother Valley (Alexander Stafford) said—who perpetrate these crimes; however, here in this building we have repeatedly failed to legislate to prevent these rapists and other perpetrators of child abuse and domestic and sexual violence from continuing the abuse of their victims into adulthood through the family courts. This is on us; it is our failings—it is the law that has been too meek to change and to stop rapists like Sammy’s rapist being able to access her child.

Sammy and other victims have also asked me to raise specifically in this place the fact that we must have better service provision and protection for children born of rape. Currently, the system sees them merely as silent bystanders. Victims have asked that I bring to the Minister’s attention Sammy’s law, which has been mentioned many times, and I fully back the many calls today to implement that immediately.

The crime of child sexual exploitation and child sexual abuse happens across every part of the country; sadly, it happens in every community. The modus operandi of the perpetrators is the same; it is as if there were a manual online about how to target vulnerable people, exploit their weaknesses and then groom them to think it is their fault.

The nation has been shocked and appalled by these crimes for a decade. The victims of high-profile cases have been used as political footballs for the same length of time, when all they ever wanted was for this to never happen again, for victims like them to be heard, and for the crime to be understood. The time for action has long passed; let us do everything we can together, with every lever we can pull, to change this story once and for all.

Domestic Abuse and Hidden Harms during Lockdown

Jess Phillips Excerpts

Thursday 14th January 2021 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab) [V]]

I thank the Minister for advance sight of her statement. We in the Labour party are really pleased to hear about the launch of the Ask for ANI scheme today, which will be a real innovation in helping victims come forward. Can the Minister tell the House what work her Department has done to ensure that in launching this brilliant scheme, when a victim comes forward there will be support beyond an initial phone call available, especially in cases where victims are not ready to inform the police?

We are now eight days into a third national lockdown, with a “Stay at home” message that we have become incredibly familiar with. It was welcome in this third lockdown that the Prime Minister clarified that individuals who wish to leave their homes to escape domestic abuse could do so. That message was not given back in March, and I welcome that being rectified and that the right thing has now been said.

We on the Opposition Benches welcome what the Minister has said today about the measures being taken to tackle domestic abuse and hidden harms. Back in April, the shadow Home Secretary, my hon. Friend the Member for Torfaen (Nick Thomas-Symonds) wrote to the Home Secretary urging her to act on this important issue. He also raised concerns from the sector, including the need to bring forward urgently a package of emergency financial support for organisations doing the vital work on the frontline which the Minister has talked about.

It was the Labour party that urged the Government to put in place £75 million of financial support for the sector. When the Government announced that they would do that, we welcomed the support, but the Home Secretary confirmed back in June, months into the crisis, that only a staggering £1.2 million had been spent. Today, the Minister’s statement tells us that 11 months into this crisis, still only a third of that funding has reached the frontline. Can she explain that? Will she tell us when the £51 million unspent will be allocated? Will she confirm that the £11 million extra that she has announced today is in excess of the £75 million already announced?

The Minister has also mentioned refuge capacity, and we thank all those who struggled very hard under very difficult circumstances to create urgently needed beds that should never have been missing. We must now ask: is that still enough? I have myself this week tried to get a refuge bed and not been able to find one. Will the Minister tell us today and in the coming weeks what contact she has had with refuges about capacity? Can she today say that she is confident that there is capacity to meet the demand? Can she tell the House what specific provisions have been made for specialised services for those victims who are black, Asian and minority ethnic, migrants, LGBTQ, male or disabled?

As the Minister has mentioned, children are often the hidden victims of domestic and sexual abuse in the home. Can she tell us what work her Department is doing to ensure that vulnerable children who are out of school are safe? What, if any, detached youth work and proactive targeting of children—at the very least, those on child protection plans—has she asked for in order to reach children living in dangerous and violent homes?

The Minister mentioned the £11 million of funding to the brilliant “See, Hear, Respond” scheme, but as she said herself, it will target 50,000 children, not the three-quarters of a million children today living in dangerous homes. Can she tell us whether any of the schemes that she has announced for children cover every child in our country, so that all child victims can benefit, not just those in some areas, where a postcode lottery determines whether we fund a child’s safety?

To continue on a theme, the Minister mentioned the support of independent child trafficking guardians—a brilliant scheme that we welcome. Can she confirm that that scheme is available to all children trafficked in our country, as was promised some years ago by this Government, or is it still, as I understand, just a pilot for some areas, leaving some trafficked children without support?

Domestic abuse and community support services are currently planning for redundancies in March—quite unbelievable in the middle of a global pandemic and a national lockdown. The sector, the Labour party, the Domestic Abuse Commissioner and the Victims’ Commissioner have all called repeatedly for sustainable funding for at least the next year. The staff being made redundant are the very people the Minister needs for Ask for ANI to have any chance of success. Can the Minister confirm whether there have been any discussions with the sector or the Treasury about multi-year funding, and an end to the dangerous year-on-year short-termism in community services for adults and children?

The Government were too slow to act in the first and second lockdowns. I am very pleased that now, in the third lockdown, they are more alert to this issue. Labour, the shadow Home Secretary and I have been saying to the Government since April that they need to do more to protect those who cannot leave home. It is not enough to say that victims should reach out; we in this House, especially the Government, have a responsibility to ensure that when they do that there is help for them. If there is not, we risk losing them for good.

With the thought of the lockdown carrying on until March, it is imperative that the Government act, and act fast. All Members across this House need to assure their constituents that all, not just some, victims suffering from domestic abuse and other hidden harms can leave that abuse and access safety. There are people waiting and willing to help. That is the message that we need to send, and it is on all of us to ensure that that is the case.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I call the Minister, I must point out that the hon. Lady significantly exceeded the time allocated to her. I know this is a very serious subject, but everybody on the list recognises that, and will want to make points. I must ask for brief questions; if they are not brief, the people who are at the end of the list—everyone can see who they are—will not get to ask their questions. It is a matter of dividing the time in this House equally and fairly between Members.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 14th December 2020 Commons Chamber

[Victoria Atkins]

I very much recognise that. Indeed, part of the programme of work that sits within the Bill and outside the Bill is about tackling those who perpetrate domestic abuse. We need to stop these cycles of abuse; sadly, in some cases, perpetrators go from relationship to relationship, abusing and hurting people in their wake. One of the things that I am very interested in—I know that this is also an interest of my hon. Friend—is looking at what more we can do to understand the work of academics, particularly in interesting areas such as the use of artificial intelligence, to see whether we can do better by way of risk assessing domestic abuse perpetrators and the terrible impacts that they can have on their victims.

[Jess Phillips (Birmingham, Yardley) (Lab) [V]]

Merry Christmas, Mr Speaker.

The Office for National Statistics and Women’s Aid data last week revealed that 4,823 victims of domestic abuse were not given refuge in 2018-19 because of a lack of space. That is an increase of 1,200 victims left without a safe place compared with the previous year. The Government may cite the temporary increase in beds hard won by campaigners over the covid-19 crisis, but both the Minister and I know that support services should be for life, not just for covid. I have tried and failed to get refuge beds for victims over the last few weeks. I simply ask the Minister if she is proud of a record of a rising number of victims turned away from life-saving support? Can she guarantee that this figure will fall next year, or will it rise to 5,000 or maybe 6,000 victims turned away?

Oral Answers to Questions

Jess Phillips Excerpts

Monday 9th November 2020 Commons Chamber

[Victoria Atkins]

I thank my hon. Friend for raising that really important point. I know that hon. Members across the House will very much have borne in mind the impact that further restrictions may have on victims and survivors of domestic abuse. I am more than happy to reiterate loud and clear that victims of domestic abuse can and must leave their home address to seek help, if they are able to. What is more, the Prime Minister made that very clear in his public statement to the nation at little over a week ago. I ask all hon. Members please to send that message loud and clear to their own constituents—that is, if someone is facing harm or injury at home, they can leave their home to seek help.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I join the Minister in her calls just now. I also make further calls to ensure that when people do need help, there is some help there for them. Due to a decade of cutbacks to our court system and the coronavirus crisis, there is a backlog of around 50,000 Crown court cases. I am sure that the Minister will have heard from those who have bravely come forward—just as I have been told by distressed survivors of domestic and sexual abuse—that trials such as these are being delayed, in some cases by up to two years. In light of these terrible delays to justice, will the Minister answer the calls of the domestic and sexual violence sector, and the Labour party, to ensure that sustainable, long-term funding is put in place beyond March, at least for community-based domestic and sexual violence advisers? Currently, those going through very delayed court cases could end up without the correct support because their court case will certainly run for longer than the funding allocated for their support.

[Victoria Atkins]

I am grateful to the hon. Lady for raising the point of courts. Another message that we can all spread to constituents—please—is that under this set of restrictions, the court system is remaining open. Last time, some courts had to be closed. There were, none the less, still criminal and family courts open; indeed, domestic abuse and other forms of personal violence were prioritised by the courts. This time the courts remain open and absolutely can seek justice, and we have seen reports of increased orders, including domestic violence protection orders, issued by the police during the previous lockdown.

On the hon. Lady’s wider point about funding, I would say that it goes further than funding independent domestic violence advisers and independent sexual violence advisers, absolutely vital though they are. It is also about a wholesale change in how we deal with victims and survivors of domestic abuse, and with the perpetrators of those crimes. The Government are investing in more perpetrator programmes precisely so that we can stop the cycle of abuse. We will also be piloting integrated domestic abuse courts so that victims and survivors can find an easier atmosphere in which to secure justice, because that is what they deserve.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 28th September 2020 Commons Chamber

[Victoria Atkins]

I thank my hon. Friend sincerely for his question. The answer is yes, they absolutely can leave their homes to seek help. Of course, if anyone is in immediate danger, they must dial 999 and the police will help. For longer-term advice and guidance, we have set out a range of services on the gov.uk website, but please can we all send the message to our constituents that, wherever they are in the country, they can seek help if they need it if they are victims of domestic abuse?

[Jess Phillips (Birmingham, Yardley) (Lab)]

I echo the calls of the Minister to get people to reach out, and we have to make sure there is help when they do so. On a call last week with the children’s sector, professional after professional told me that the availability of specialist community support for child victims of domestic abuse is at worst non-existent and at best patchy. Can the Minister tell the House if her Department has a strategy in place that will enable every child in this country who lives in an abusive household to access the support that they need? Can she share that strategy with the House, not just read out funding sums from her folder that she and I both know cover only certain select areas for a short-term period? Perhaps she could enlighten us all on how we can access the support for the children in our constituencies, because for many in this place services for child victims in their area do not exist.

Birmingham Attacks and Extinction Rebellion Protests

Jess Phillips Excerpts

Monday 7th September 2020 Commons Chamber

[Kit Malthouse]

My hon. Friend raises a very important point. He is right that these protests are not costless. Aside from the costs to the businesses affected, there is a large overtime bill to be covered. Of all the costs, the most profound and alarming is the opportunity cost; those police officers who are spending time ungluing protesters and dismantling scaffolding are not spending time preventing knife crime, murder, rape or domestic violence. There are other much more vital activities that could be performed in the communities they serve.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I would like to thank both Front Benchers for their kind words about our city, and to express my deep thanks to the people of Birmingham, to its police force and ambulance service, to David Jamieson, who has been misrepresented here today, quite grossly, and to Dave Thompson of West Midlands police force. They have worked tirelessly and will continue to do so, as they always do, to keep people in Birmingham and the wider west midlands safe. The Minister said today that he would do anything and Birmingham would have the resources it needed to ensure that this crime can be detected and victims will be looked after. Will he guarantee that the uplift in police force numbers—of course, in the west midlands, in Birmingham, we have had a loss of 2,000 officers since 2010 and an uplift of only 1,200— will be fully funded for the next two years? [Interruption.] Those are the figures—absolutely. Will he guarantee that that will be funded for the next two years?

[Kit Malthouse]

Obviously, I acknowledge the profound shock that this crime will have caused the hon. Lady’s community. I recognise her remarks and join her in expressing sympathy to all those affected, and I acknowledge the wider shock within Birmingham. This year’s uplift in police officers in the west midlands, which I believe is 366, is certainly fully funded. We have yet to decide the allocation of police officers across the country, but our commitment to 20,000 extra police officers over the next three years is unshakeable.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 13th July 2020 Commons Chamber

[Priti Patel]

I thank my hon. Friend for his question. The protection of children is an important issue—children are victims when it comes to domestic abuse, and it is a sad fact that children often witness some of the most abhorrent abuse of their parent or others—and the Bill does exactly that. I am really pleased and proud that we have made sure that children are at the heart of the Bill. It is right that we safeguard and protect them.

[Jess Phillips (Birmingham, Yardley) (Lab)]

Between 2015 and 2019, despite domestic violence cases rising by 77%, charging fell by 18% and conviction by 20%. In 2018-19, there were almost 60,000 reports of rape to the police, but less than 1,800 were charged and less than 1,000 convicted. The number of cases of rape referred by the police for charging decisions fell by 32% in 2019. How does the Secretary of State account for her Government’s performance in the falling rates of charge and conviction in sexual and domestic violence?

[Priti Patel]

The hon. Lady will know that extensive work has been undertaken across Government, not just recently but in previous years as well. I am absolutely committed, as is my right hon. and learned Friend the Justice Secretary, to ensuring that we take an end-to-end approach to this through the royal commission that we are establishing on the criminal justice system, and that much more work is undertaken within policing to ensure that charges are undertaken and that the right kind of effective training is put in place for police forces and police officers. I have been very clear about that through all my work in policing, as has the Policing Minister. Ultimately, charging and getting those cases to court has to be the priority, which is why the Home Office is taking the right approach and working in the right way with the criminal justice system and the Lord Chancellor.