Domestic Abuse Bill

Debate between Lord Rooker and Lord Bishop of London

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[The Lord Bishop of London [V]]

My Lords, I add my voice to those of noble Lords who have welcomed this Bill. I thank the Minister for all her work in this area. As other noble Lords have already said, this is a once-in-a-generation opportunity to address the crime of domestic abuse, which affects more than 2 million people a year in the United Kingdom. However, the Bill continues to overlook one of the most vulnerable groups affected by this form of violence against women and girls—migrant women. I too will address Amendment 154, which calls for the Secretary of State to ensure that the personal data of victims of domestic abuse in the UK is processed only for the purpose of that person requesting or receiving support or assistance relating to domestic abuse, not for immigration control.

Government policy is clear that victims of crime should be treated without discrimination. Therefore, the separation of immigration enforcement and protection of domestic abuse victims who are migrant women must be delineated. Failure to do this puts migrant women at risk of a double jeopardy of danger from their abuser and fear of deportation. As has already been highlighted, the Istanbul convention, the landmark international treaty on violence against women and girls, which the Government have signed and are committed to ratifying, requires in Articles 5 and 59 that victims are protected regardless of their immigration status.

However, freedom of information requests reveal that 60% of police forces in England and Wales share victims’ details with the Home Office, prioritising immigration control over the victims’ safety and access to justice. While some services may need to share data to ascertain an individual’s immigration status and right to access services—some NHS services for example—there is no legal requirement for any data sharing with the Home Office relating to domestic abuse victims. As we have already heard, without any national policy guidance on this practice the police approach to safeguarding migrant victims of crime will remain inconsistent.

The blind spots in this Bill are resolved by this amendment. Organisations such as the Latin American Women’s Rights Service have been in touch with me to highlight evidence from people whose stories demonstrate the benefits of this amendment. One Ecuadorian woman who came to the UK in 2014 met her partner at work and later came to know how controlling he was and that he continually lied to her about her immigration status. In 2019, violence escalated when she became pregnant. During this time, isolation, emotional abuse and manipulation were exerted in addition to threats of deportation and separation from her child if she reported the abuse to the police. Although she has since received some support from specialist organisations such as the Latin American Women’s Rights Service, she has not yet reported the abuse to the police since she is too fearful of deportation and possible separation from her child.

I fear that this blind spot enables offenders and abusers to use police involvement as a threat to their victims, rather than the source of protection that it should be. Various countries around the world have demonstrated that firewalls can be and are being implemented in different ways to create separation between public services and immigration enforcement. It is entirely possible that the training and cross-sector relationships that we are calling for through this Bill can establish safe reporting pathways that include access to specialist support and legal advice to address a victim’s immigration status as necessary.

One of the other consequences of putting immigration control above the safety of victims is that perpetrators can commit these crimes with impunity. This is a risk not only for survivors but the wider community. Better trust in the police to protect victims of abuse and investigate crime against migrant women will improve responses for all survivors and the public. Like my co-sponsors, I call on the Government to establish safe reporting pathways by incorporating a clear statutory obligation that prevents public authorities and other support services sharing data with the Home Office for the purpose of immigration control. Will the Minister ensure that safe reporting will be established for all women, regardless of their immigration status?

The direction of the Bill is hopeful, and I look forward to the Minister’s response and to discussions with the Government before Report regarding the specific action taken on this amendment.

[Lord Rooker (Lab) (V)]

My Lords, I am pleased to support the noble Baroness, Lady Meacher, on Amendment 154. I do not want to appear negative, but I had a year at the Home Office dealing with immigration, nationality and citizenship, and while I well understand the pressures on civil servants, I do not think that the Home Office is as trusted as it used to be. We can go back to the hostile environment started by Theresa May which led to Windrush. The Home Office has a long way to go before it builds up trust again. The key thrust of this amendment provides a chance for the Home Office to send a signal to other public bodies that the Home Office is not going to abuse or misuse information on domestic abuse for immigration control purposes. It is bad enough that the staff of the commissioner will be Home Office civil servants, and that the accounting officer for the whole function is still going to be the Home Secretary. The Home Office has some way to go in distancing itself from the misuse of information on domestic abuse for immigration purposes.

I know that civil servants will want to make the system work, but there is a lack of trust and some big moves need to be made to rebuild it. Accepting an amendment such as this would go some way to sending a signal to the police, the immigration authorities, social services and others dealing with domestic abuse and immigration issues to realise that a massive wall has been built between the two. The Bill will fail unless an amendment such as this is accepted.