Police, Crime, Sentencing and Courts Bill

Nickie Aiken Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Nickie Aiken (Cities of London and Westminster) (Con)]

There is much to welcome in this far-reaching Bill, with tougher sentences for violent crime, for child murderers and for sex offenders, with greater efforts to remove knives and weapons from our streets, and with the inclusion of Kay’s law to provide greater protection for those who find the bravery to speak up against violence and sexual offences in their own homes. I could go on, but in the time I have, I will focus on an issue that greatly affects my constituency—namely, the right to protest outside this place, in the heart of my constituency.

The recent history of legislating on protests outside Parliament makes for interesting reading. Labour Members who question the Bill’s impact on the freedom to engage in democratic protest may wish to cast their minds back to sections 132 to 138 of the Serious Organised Crime and Police Act 2005, in which a Labour Government prohibited protest within a kilometre of Parliament without prior agreement with the Metropolitan police. Fortunately, the Conservative Government repealed those restrictive sections in 2011.

If this weekend has taught us anything, it is that there is a huge difference between a peaceful vigil where people come together to express shared grief and outrage, and protests that take place day after day for weeks on end and that can occasionally bring unpleasant disruption to those living and working locally. Central London has seen changes in the way that protests are organised and in their longevity. They are not always organised by specific groups. They are movements, often with different aims and objectives. Some come to protest peacefully, but others may have the aim of causing disruption and even destruction. I believe passionately in the right to protest; it is one of the values we hold so dear in this country. The clauses in the Bill do not restrict the right to lawful protest. What they do is bring static protests into line with the provisions that already exist.

I accept that some of the language in the Bill could benefit from tightening up, and I am sure that that will be done as the Bill progresses. Much has been highlighted about the democratic and human right to protest, and I agree, but let us not forget the human rights of my constituents who live with over 500 protests or marches a year. I see a huge spike in my mailbag when Westminster plays host to a major protest, with constituents highlighting that a few cause them distress and loss of amenity. They do not question the right to protest, but they do not accept becoming prisoners in their own home and the distress that they often feel as a result of a small minority of protesters. Criminality is what the Bill aims to prevent, and that is surely something that everyone in this place wants to achieve.

Domestic Abuse Bill (Eleventh sitting)

Nickie Aiken Excerpts

Committee stage & Committee Debate: 11th sitting: House of Commons
Wednesday 17th June 2020 Public Bill Committees

[Nickie Aiken (Cities of London and Westminster) (Con)]

I have experience of Operation Nexus in Westminster, where we have seen an awful lot of trafficking and modern slavery. I would be grateful for the hon. Lady’s thoughts on whether sometimes the immigration officials need to get involved, because women want to go home, or they want to be safe. Rather than being persecuted by the police or being involved in criminal activity, they are victims. If the immigration service is involved, in my experience, they can be treated more safely and sent home.

[Alex Davies-Jones]

I appreciate the point the hon. Lady makes, and I am glad that she has had such a positive experience of Operation Nexus, but I believe that is an exception to the rule. I think, if we spoke to other hon. Members in this House, they would not have the same experience. Some women in that situation do want to go home, but I think the majority of them just want to be safe and protected from abuse, and that is not the case with anxiety and fear hanging over them from immigration officials sat in the room, especially if they do not speak the same language. It is very difficult.

Colleagues have also spoken about the lack of recourse to public funds that migrant victims of domestic abuse face. That lack of support is a huge barrier for women across the country. We have heard that without recourse to public funds, victims are not eligible for welfare benefits, which are required to cover the cost of stay within a refuge service. Very few refuge services do not face a funding crisis after 10 years of cuts, and they are unable to cover the cost of women’s stays without that funding. Indeed, only 5.8% of refuge vacancies in England in 2017-18 would even consider a woman with no recourse to public funds. That is not because they do not want to help them, but because they are physically unable to do so.

Some fantastic initiatives have been set up in response to the crisis, but, frankly, this legislation should be there to protect those women in the first place. The destitution domestic violence concession, the DDVC, is just one example of a vital lifeline run by and for BAME women. It provides survivors with welfare benefits for three months, so that they can stay in refuge while applying for indefinite leave to remain under the domestic violence rule.

However, the DDVC and the domestic violence rule are only available to those on spousal visas where their spouse or partner is a British citizen or has settled status in the UK. Many migrant survivors are therefore barred from accessing this protection. Advice can only be provided by an immigration solicitor or barrister or an accredited immigration adviser and, given the legal aid restrictions we have heard about, gaining access to that advice can also be a severe challenge and is pitted with so many problems and issues.

The DDVC provides access to public funds as long as a woman applies for leave to remain within three months, yet for women escaping their abuser and who are experiencing trauma, that timeframe is often too limited. Changes to appeal rights also mean that most women refused indefinite leave to remain under the DVR cannot appeal the Home Office’s decision—a decision that is made without ever even meeting the applicant. That means that women who cannot submit objective evidence for domestic abuse support in their application are at a severe disadvantage.

The experiences of survivors with no recourse to public funds, unable to access refuge, are shocking. Only 8.2% of the women with no recourse to public funds supported by the No Woman Turned Away project in 2017 were able to access refuge—just 8.2%. Many had to sleep rough, sofa surf or even return to the perpetrator while they waited for help. We have already discussed the pressures on the housing sector in England, but for a migrant survivor, the impact is even more severe. Urgent changes to the DDVC and the DVR are required to ensure that migrant women can access those basic protections.

The impacts are felt across the Union. It would be a shame for me not to use the opportunity to briefly mention the impact that the UK Government’s policies have had on migrant women in my constituency. I hope that hon. Members will indulge me as I briefly discuss a case that my office recently worked on involving a migrant domestic abuse victim.

I am sure that other new hon. Members will agree when I say that, since my election in December, I have been overwhelmed in every sense by the number of campaign groups that have been in touch to ask me to support their cause. It is often difficult to choose where to focus my efforts and I am still learning. For me, however, sharing local resources and information aimed at domestic abuse victims has been a priority, especially given the current coronavirus climate.

South Wales police is doing some excellent work with local organisations to encourage a multi-agency approach to processing reports of domestic abuse, and I wanted to do my bit too. I am sure other hon. Members will agree that any social media content that is produced in relation to domestic abuse is usually shared far and wide, and often outperforms any other content. That is an indication of the broad reach that domestic abuse support has.

After one specific Facebook post, in which I shared local helplines and encouraged victims to reach out for support if necessary, my office was contacted by a woman suffering domestic abuse in north Wales. Before hon. Members scold me for not following parliamentary protocol and raising cases only on behalf of my constituents, the woman had no fixed address and was initially afraid to share any specific details for fear of negative repercussions. Her story was one that I have since heard from many on a number of occasions of having no recourse to public funds. It is a story that persists.

There are some fantastic organisations in Wales that operate solely to help women such as that woman, who now lives in my constituency. Bawso is just one group that I know has helped many MPs and Members of the Senedd across Wales with similar cases. As an MP representing an area in Wales, it is often extremely difficult and challenging to marry up the broad help and housing policies that the Welsh Labour Government have implemented that are specific to domestic abuse victims with the often restrictive and hostile immigration policies of the UK Government. I sincerely hope that migrant women, like the ones living in my constituency, will finally have their voices heard and will ultimately receive parity in terms of access to welfare support in future.

Domestic Abuse Bill (Sixth sitting)

Nickie Aiken Excerpts

Committee stage & Committee Debate: 6th sitting: House of Commons
Wednesday 10th June 2020 Public Bill Committees

[The Chair]

I will call Nickie Aiken in a second, but I am aware that there will be a Division at about 4.36 pm. I am afraid that if a Division is called and the Committee is still sitting, I will have to suspend for at least 45 minutes. Members might want to bear that in mind.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I just want to provide my experience of being a council leader with responsibility for commissioning perpetrator courses and services, which does not mirror what the hon. Member for Birmingham, Yardley outlined. I have always found commissioners to be excellent, to really understand the process and to appreciate that this is public money.

For our commissioning services, we worked with the former Mayor of London, who really understood how important perpetrator programmes are, as did the then deputy Mayor for policing, who is now Lord Greenhalgh and is a Minister. I supported their view that it was about payment on results. That is one of the main issues in perpetrator services, children’s services and public protection services: they should be about results.

I am extremely proud of this Bill and this clause, because it takes to heart the fact that, although we have to support victims, if we are ever going to bring domestic abuse to an end, particularly in families, it has to be about the perpetrator too.

There are many brilliant services today, such as SafeLives—which I think is based in the south-west—that take a family view on this. I welcome the clause and I do not support the amendment. I think the Bill is outstanding, and that it will bring perpetrators to book while also supporting victims.

--- Later in debate ---

[Jess Phillips]

I recognise what the Minister says about the fact that perpetrator programmes are used elsewhere. Very often in children’s services, I have seen people sent on perpetrator programmes that, I am afraid to say, are useless. If only everything was as perfect as it is in Westminster.

[Nickie Aiken]

If only.

[Jess Phillips]

I apologise if I did not cover all the boroughs in London. I did not come up with the amendments all by myself; the specialist sector is working with us to ask for these things, and the reality is that, as sometimes happens in this place, we will say how something is on the ground and we will be told that that is not the case. We will be told, “Actually, no; it’s going to be fine because we are going to have a whole-system approach.”

What the Minister says about a whole-system approach is needed wherever perpetrator programmes are issued, rather than just in DAPOs. I could not agree with him more on that point. I shall allow him as many interventions as he likes, and I will speak for as long as it takes for him to get the answer. If he is saying to me that, at the other end of this very notable approach and funding that the Home Office and the Government are putting in place, we will end up with an accredited system that stops the bad practice and the poor commissioning of services, of course I will withdraw the amendment.

Is the Minister saying that we will work towards a standard that will have to be met and that will be compelled—not dissimilar to the standard that we will hopefully come on to tomorrow, where we compel local authorities with a duty? There, I believe, we will be writing a set of standards that the local authority in its commissioning process has to live by, so that it cannot just say, “We’re doing any old domestic abuse services.” There has long been talk at MHCLG about having standards to go with any duty. Is the Minister telling me that we will end up with an accreditation system, which is essentially what I seek?

Domestic Abuse Bill

Nickie Aiken Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[Nickie Aiken (Cities of London and Westminster) (Con)]

The measures outlined in this Bill send a clear message both to survivors and perpetrators: domestic abuse should not and will not be tolerated. Domestic abuse is a heinous, horrific crime, not just because of the lasting damage it will do to its survivors but because it strikes at the heart of what most of us hold so dear: our family; our home. The place where we are meant to feel safest, most loved and cherished becomes a prison—a dark and frightening place, and, in the very worst cases, a mental and physical torture chamber. Domestic abuse does not discriminate. It can occur in any relationship, gay or straight, in any family behind any closed door. There is not a single community or socioeconomic group that is unaffected by this crime. Its victims, its survivors and its perpetrators are our friends, family members, neighbours and colleagues.

In the past month, all our lives have been turned upside down by the coronavirus crisis, and covid-19 has shone a dark light on domestic abuse. For some families, things are incredibly hard, trapped at home for most if not all of the day, creating the perfect storm that makes domestic abuse much more likely. I welcome the Government’s recently launched domestic abuse campaign, You Are Not Alone, as part of their corona emergency response.

When we talk about domestic abuse, we generally think about adults. However, children and young people are often the hidden victims of domestic abuse, simply considered to be witnesses and not directly affected. I would like to take this opportunity to thank Barnardo’s for the help it has provided me with preparing for this speech. It is an outstanding charity, one among many, whose phone line and policy work help thousands of children and young people experiencing domestic abuse directly or indirectly. It is estimated that one in five children aged under 18 experience domestic abuse at some point in their childhood. Three quarters of Barnardo’s frontline staff are working with children impacted by domestic abuse.

The damage and devastating impact that witnessing domestic abuse can do to a child’s development, their educational attainment and their long-term mental health can have a lasting effect on their life. It affects their ability to form happy, healthy relationships, and often leaves them trapped in a lifelong cycle of violence, either as a victim or even as an abuser themselves. Can you imagine the effect on a child who has had to endure watching and listening to a parent, often a mother, being screamed at, beaten, their every moment controlled by their abuser, day in and night out, for many, many years? Imagine growing up in a home that is meant to be your sanctuary—your safety net—where every morning you wake up and dread going downstairs, not knowing whether a wrong word or look will start the abuse off again.

I would like to pay tribute to a constituent of mine, the broadcaster and journalist Charlie Webster, who is a domestic abuse survivor herself. She has told me her story of the systematic physical, emotional and coercive abuse that she suffered from the age of seven at the hands of her stepfather. It is hard to believe that she is still alive when you hear her story. She told me last week that she is convinced that if her abuse occurred today, during lockdown, she and her mum would not have survived. It is Charlie’s experience of Barnardo’s policy work that has led me to conclude that a desperately needed amendment to this Bill is required if we are going to help children through the trauma of growing up in a domestic abuse home.

The Government have added a welcome clause, clause 53, putting a duty on public authorities to ensure support for victims who live in safe accommodation, usually a refuge. My fear is that, as currently drafted, the Bill risks creating a two-tier system, helping those in supported accommodation, but not those still at home, and we already know that the majority of adults and child victims remain in their family home or elsewhere in the community. It is therefore vital that we fix this anomaly in the Bill so that all victims of domestic abuse can expect and receive the support they need to recover from harm and move on with their lives. I hope that Ministers will accept that clause 53 should be amended. Domestic abuse does not discriminate and neither should the law.

I commend the Second Reading of the Domestic Abuse Bill, and I pray that when it finally does become law, it will lead to a better understanding of domestic abuse among the public and public agencies, and that it will ensure that no vulnerable child or adult will be left to suffer.

Oral Answers to Questions

Nickie Aiken Excerpts

Tuesday 14th January 2020 Commons Chamber

[Nickie Aiken (Cities of London and Westminster) (Con)]

4. What steps his Department is taking to support victims of domestic abuse.

[Siobhan Baillie (Stroud) (Con)]

22. What steps his Department is taking to support victims of domestic abuse.

[The Parliamentary Under-Secretary of State for Justice (Wendy Morton)]

We are committed to doing everything we can to end domestic abuse. It is an appalling crime that ruins far too many lives. It is vital that we better protect and support victims of abuse and their children and bring more perpetrators to justice. That is why we introduced the landmark Domestic Abuse Bill in July last year and set out a comprehensive action plan of non-legislative measures directed to this end. We reaffirmed our commitment to this Bill in the Queen’s Speech on 19 December.

[Nickie Aiken]

County lines drug gangs are involved in the largest exploitation of our children that this country has ever witnessed. Children from all walks of life are being groomed by these gangs. Given that women and girls are particularly at risk of being abused and exploited, what steps are the Government taking to ensure that the criminal justice system is doing more to protect our women and girls, particularly using the Modern Slavery Act 2015?

[Wendy Morton]

I am grateful to my hon. Friend for raising that point. I know that she brings a huge amount of expertise in this area, which is to be welcomed. This Government recognise the risks to girls and young women who are exploited by these ruthless gangs. That is why the Home Office provided £400,000 this financial year for young people’s advocates in London, Manchester and the west midlands, to work directly with gang-affected women and girls, especially if they have been victims or are at risk of sexual abuse by gangs, including county lines gangs. I can assure her that colleagues in the Home Office are also working with the police and the Crown Prosecution Service to take full advantage of powers in the Modern Slavery Act.