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

Seema Malhotra Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[Dr Whiteford]

No, I will not. The hon. Gentleman has more than enough air time. Everybody recognises that some men will experience gender violence and domestic violence, and that sometimes the perpetrator will be female, but in the real world in which we live the people who experience sexual and domestic violence are overwhelmingly female; women are disproportionately subjected to these forms of violence and abuses on a colossal scale—we cannot ignore that reality. The large majority of perpetrators, although by no means all, happen to be men; no credible, documented source of evidence anywhere in the world suggests otherwise. We do ourselves a huge disservice if we pretend that this is just another case of “the boys against the girls”—we are not in primary 4. It is a grave distortion of a terrible, systemic abuse of human rights to ignore the profound gender inequalities that drive and compound sexual violence and domestic abuse.

It is also important to say that some types of sexual violence are becoming more prevalent. Crime in Scotland is at a 40-year low, yet sexual offences are rising. That could be due to more people reporting what has happened to them, and in the wake of the exposure of the Savile review we know that there has certainly been a spike in the reporting of historic incidents. But I fear that this is also to do with a genuine increase in new types of gender-based violence, which are partly facilitated by this saturated world we live in of violent sexual imagery: the emergence of so-called “revenge porn”, which was not possible until the advent of smartphones; and things such as so-called “date rape” drugs being available. Those things were not problems 20 or 30 years ago but they have become prevalent problems now, and they are driving an increase in sexual assaults in particular. However, women’s inequality is still a key feature of every society in the world, and that is what is really underpinning gender-based violence.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The hon. Lady is making an excellent speech and an important point. I congratulate her on her ongoing work on this issue and I hope everyone will vote in support of the Bill today. We came into this Chamber with the horror of the Helen Bailey story in today’s papers, her partner having been jailed for 34 years for her murder. Does the hon. Lady agree that this highlights how the crime of domestic violence and violence against women hits? Age and background are not relevant, as this is a universal crime. Finding a way of raising awareness among young people will be the best gift we can give them in terms of prevention, and supporting the Bill today will be global Britain in action.

[Dr Whiteford]

The hon. Lady makes a series of salient points in her concise intervention, and of course our condolences go to the friends and family of Helen Bailey, whose dreadful murder made us all pause for thought and for breath. It was a truly horrific crime and I am glad her killer has been brought to justice.

The hon. Lady also anticipated the points I was just about to make on the universality of gender-based violence. I talked a lot on Second Reading about the differential experiences of gender-based violence, and in explaining why I will be opposing amendments that have been tabled, I will reiterate the points I made then. Although this is a universal crime that affects women right across the spectrum, we know that low-income women, disabled women and women under 30 are more likely to experience gender-based violence than others. We know that women from some ethnic and cultural minorities are exposed to greater risk of specific manifestations of violence, such as female genital mutilation or forced marriage. Sexual violence can happen to any of us—it affects people of all economic and social backgrounds and ages—but there are deep structural social inequalities reflected in our likelihood of experiencing sexual and domestic violence, and gender inequality is the cross-cutting factor that underpins and compounds them all.

If we are serious about ending these forms of abuse, we need to understand their manifestations and end the denial—the blind spot—about the far-reaching effects of wider gender inequality. Women may have secured equality before the law—de jure equality—but we are nowhere near achieving de facto equality, or equality in practice. We need just to look around Parliament or to listen to the amount of air time that people get in Parliament, including today, to see that. Until we get that equality in practice, women will continue to face life-threatening, life-changing abuse over the course of their lives.

I now want to turn to the amendments tabled by the Minister, all of which I am happy to accept. I am grateful for the way in which the Government, in proposing some significant changes, have worked to retain the principles, intention, integrity and spirit of the Bill. We are at our best as legislators when we use those areas where there is already a large degree of common ground and consensus to find compromises and push forward together where we are able to do so. Although these Government amendments were not tabled in time for the Committee, the Government were able in Committee to outline their intentions in some detail and to indicate the areas in which they planned to amend the Bill on Report.

Government amendment 1, which removes clause 1, is undoubtedly the amendment over which I still have some reservations, but I am prepared to take in good faith the Government’s commitment that they will move forward with all due haste to make the legislative changes they need to make to bring the UK into compliance with the Istanbul convention. I reject absolutely the assertion from those on the Tory Back Benches that the Government do not care about these issues. I urge anyone who takes that view to speak to some of the women on the Tory Benches, including those who have so courageously spoken about their own experiences of domestic abuse. Tory women are no more immune from gender-based violence than anyone else; all of us are affected. I believe genuinely that there is a shared commitment on this, including a personal commitment from the Prime Minister.

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

Seema Malhotra Excerpts

2nd reading: House of Commons
Friday 16th December 2016 Commons Chamber

[Philip Davies]

My hon. Friend makes a perfectly valid point. If we follow the logic of today’s debate, the Geneva convention should have applied only to men, as they were much more likely to be subjected to what it was intended to cover. I think that that would be nonsense, and I suspect that my hon. Friend and most people here think that it would be nonsense too, but it is amazing that when it falls on the other side, everyone is silent. That is the hypocrisy I want to expose today and I am going to press on and expose it.

To highlight the fact that men are more likely to be the victims of violent crime, I will quote the recent statistics from the Ministry of Justice on the representation of females and males in the criminal justice system. They confirm that men are nearly twice as likely to be the victim of violent crime than women. According to the crime survey of England and Wales, 1.3% of women interviewed reported being victims of violence compared with 2.4% of men. My point also applies to children. Again according to the crime survey for England and Wales, in 2015-16 a smaller proportion of girls than boys reported being victims of violence—4.2% of girls versus 7.7% of boys.

It is not just with violence generally that men do worse than women. When it comes to the most serious cases, according to the crime survey for England and Wales, in 2015-16 women accounted for 36% of recorded homicide victims while men were victims in 64% of cases. Clearly, on every possible level of crime, a man is more likely to be the victim than a woman.

Although we have not heard much, if anything, about this today, men are also victims of domestic violence. It is right that in two thirds of domestic violence incidents a woman is the victim, which is absolutely outrageous, but in a third of cases the victim is a man. It may well be that some people in this House think we should only be concerned about the two thirds who are women, but I do not. We should be concerned about all victims of domestic violence equally. They are all victims of domestic violence and we should consider them equally whenever we consider a response to it, not just the two thirds who happen to be women.

According to the Office for National Statistics report “Focus on Violent Crime and Sexual Offences”, which relates to the year ending March 2015 and which was released in February, the crime survey of England and Wales estimates that 8.2% of women and 4% of men reported experiencing any type of domestic abuse in the last year—that is all forms of abuse. That is equivalent to an estimated 1.3 million female victims and 600,000 male victims, all of whom, in my opinion, equally deserve our support. The ONS also confirms that 6.5% of women and 2.8% of men reported having experienced any type of partner abuse in the last year, equivalent to an estimated 1.1 million female victims and 500,000 male victims.

The Bill refers to preventing and combating violence against women and domestic violence. Although the first part is relatively clear, the second bit, about domestic violence, is not so clear, because of the definition of domestic violence. Our definition of it includes non-violent components, so we need to be very careful when bandying around figures about domestic violence. That is inevitably the problem with a wide definition. It has the word “violence” in the title, and people then understandably assume it relates to physical violence, but that is not always necessarily the case and that can be quite confusing. We must also remember that domestic incidents include people in relationships, as well as those in family and other relationships that could be considered domestic in nature. What I am trying to say is that the notion that in every case of domestic violence or abuse the perpetrator is a big, burly wife-beater is just that—a notion, not fact.

I asked the House of Commons Library for some information on what is known as the Istanbul convention, which this Bill seeks to ratify. The Library said that it is a Council of Europe convention on preventing and combating violence against women and domestic violence. It was adopted by the Council of Europe on 7 April 2011, was open for signature on 11 May 2011 at the 121st session of the Committee of Ministers in Istanbul, and entered into force on 1 August 2014. The UK signed the convention on 8 June 2012, but has not yet ratified it. Some countries have signed the convention, like the UK, and some have signed it and ratified it as well. I will not go through all the countries and give their positions on it, although it is very illuminating and relevant to the debate, but I do not want to test the patience of the House.

Some countries have signed the convention but not ratified it, like us. Sudan was mentioned as an illustration earlier. As my hon. Friend the Member for Christchurch (Mr Chope) rightly highlighted, Germany has not ratified it. Nor has Iceland, Greece, Hungary, Lithuania, Croatia and Cyprus. They are all members of the European Union, which is apparently such a fine institution that SNP Members are desperate for us to remain part of it, yet their wonderful partner countries have not bothered to ratify the convention either. There was no mention of that, strangely, in the speech made by the hon. Member for Banff and Buchan. It is particularly interesting to note that Ireland only signed the convention on 5 November 2015, and has also not ratified it. Perhaps the hon. Member for Foyle (Mark Durkan) might want to have a word with his friends in the Irish Republic to ask why they have not ratified it.

SNP Members were up in arms earlier about something that they never bothered to read and that they knew nothing about, but I will help them out, as I can tell them what article 1 says. It sets out five purposes, and the first is to

“protect women against all forms of violence, and prevent, prosecute and eliminate violence against women and domestic violence”.

The second is to

“contribute to the elimination of all forms of discrimination against women and promote substantive equality between women and men, including by empowering women”.

The third is to

“design a comprehensive framework, policies and measures for the protection of and assistance to all victims of violence against women and domestic violence”.

The fourth is to

“promote international co-operation with a view to eliminating violence against women and domestic violence”,

and the fifth is to

“provide support and assistance to organisations and law enforcement agencies to effectively co-operate in order to adopt an integrated approach to eliminating violence against women and domestic violence”.

Let us consider the first point. Of course we are all united in our opposition to any violence against women and girls. I will repeat that, Mr Deputy Speaker, if you do not mind, because I want to make it clear so that nobody misunderstands the terms of this debate. We are all united in our opposition to any violence against women and girls. I would be astounded if any of us were not. I pride myself on being one of the most hard-line Members on matters of law and order and sentencing, and I always find it rather strange that those who speak passionately about how we should have zero tolerance of violence against women and girls and violence against people—which I agree with—are often the same people who then argue that the perpetrators of violence should do anything but be sent to prison.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The hon. Gentleman has helpfully laid out the objectives of the Istanbul convention. Can he explain precisely what he sees as the downside of ratifying the convention, given all that it could do to achieve much greater focus and energy in the prevention of violence against women and girls, and for all those—whether male or female—who will be victims, particularly given the scale and nature of domestic violence?

[Philip Davies]

My hope is that, by the time I have finished speaking, the hon. Lady will be much wiser about why I wholly oppose the Bill.

--- Later in debate ---

[Seema Malhotra]

Has the Minister been able to consider any alternative timetable that he might bring to this House if he disagrees with what is proposed in the Bill, and can he also commit in principle that Government time will be allocated to the ratification of the Istanbul convention?

[Brandon Lewis]

I hope my next words will put the hon. Lady’s mind at rest. Both those points and any others Members may wish to raise are areas we will all want to consider more fully in consultation with the devolved Administrations and return to in Committee. However, at this stage I am pleased to say the Government support the Bill in principle.

UN International Day: Violence against Women

Seema Malhotra Excerpts

Thursday 8th December 2016 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I beg to move,

That this House notes the UN’s International Day for the Elimination of Violence against Women and the 16 Days of Activism against Gender-Based Violence; further notes that violence against women is a human rights violation and prevents women and girls fulfilling their full potential; recognises that an estimated one in three women experience physical or sexual violence worldwide, but that violence against women and girls is not inevitable, and that prevention is possible and essential; and calls on the Government to work with other governments around the world to adopt comprehensive laws addressing violence against women and gender-based inequality and discrimination, to provide women-centred, specialist services to all survivors, and to fund key education and prevention programmes so that violence against women and girls is ended once and for all.

I thank hon. Members from all parts of the House who have supported this debate today. They include: my hon. Friend the Member for Stretford and Urmston (Kate Green), the hon. Members for Maidstone and The Weald (Mrs Grant), for Lanark and Hamilton East (Angela Crawley), for Brighton, Pavilion (Caroline Lucas), and for Glasgow North (Patrick Grady), my hon. Friends the Members for Rotherham (Sarah Champion) and for Birmingham, Yardley (Jess Phillips), and the right hon. Member for Basingstoke (Mrs Miller). I also thank other Members who are here to contribute to the debate. I particularly wish to recognise the work of the right hon. Member for Basingstoke who is Chair of the Women and Equalities Committee and whose report is also being debated today.

I am proud that, as a Parliament, we are debating this motion, because it is vital that Parliament plays its part on the world stage in combating violence against women in all its forms, at home and abroad. The UN Declaration on the Elimination of Violence against Women describes violence against women and girls as

“any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty”.

The 16 days of action, which have seen events and campaigns across the country and the world, end on 10 December, Human Rights Day. This year also marks the 25th anniversary of the 16 days of action.

Tackling violence against women has to be a cross-party issue, and the delivery of strategies has to be based on what works and has to go across Parliaments. In 2009, the Labour Government published the first violence against women and girls strategy, which was described as marking a major shift to joined-up policy. The current Government strategy continues that approach, but the challenge that we face now is ensuring that we have a complete strategy and that we turn that strategy into outcomes.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the hon. Lady agree that perhaps one of the best examples of a cross-party approach is the support for the Istanbul convention? Does she hope that the Government will fully adopt that convention?

[Seema Malhotra]

The right hon. Gentleman leads me directly on to my next point. I was about to congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on the publication of her Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill, which will have its Second Reading next week. The UK signed the convention in June 2012, but has not yet ratified it. That issue was the subject of a letter today to the Prime Minister signed by more than 75 Labour Members of Parliament. Let me just take a moment to thank the IcChange campaign for its work on this issue, and to recognise the early-day motion of the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), which was signed by Members from across the House.

In opening this debate, I wish to make three main points: the first is the growing scale of the challenge at home and abroad; the second is our call to the Government to do more on prevention through relationship and sex education and ratifying the Istanbul convention; and the third is the culture shift across society, businesses and public services that is needed to lift the lid on violence against women and girls and to engage all in the role that they can play in eliminating that violence in all its forms.

Let me start with the scale of the challenge. Violence against women and girls is rising at home and abroad. Worldwide, an estimated one in three women experiences physical or sexual violence—that is a staggering statistic. The World Health Organisation highlights the fact that, in addition to being a human rights issue, violence against women is a major public health issue. Women who have experienced violence are more likely to have babies with low birth weights and to experience depression. Each year in the UK, up to 3 million women experience violence. On average, one woman in Britain dies at the hands of a man every three days. We also know that around one in 10 domestic violence incidents involves men as victims. That number is significant, but the overall figures show the scale and gendered nature of domestic and sexual violence. The cost to our economy is estimated to be around £25 billion. This scourge is present in every community across our nation. Domestic and sexual violence knows no boundaries—of age, geography, ethnicity or social background.

I want to share a few, relatively recent, examples from my constituency. I was approached by a lady who had suffered domestic violence for many years. Eventually, she found the courage to leave her husband, but was unable to care for her children who were then taken away. The abuse continued and she now lives in terror of her ex-husband and his family. She feels unsupported by the police, and scrimps and saves to afford new door locks and security. Her future feels uncertain, and she lives a nightmare every day.

Another told me how, six years after leaving her husband who had an alcohol addiction, he recently reappeared and threatened her elderly parents. She is at a loss as to how to protect them as well as herself. The impact of domestic abuse is borne not just by female victims, but by children. SafeLives estimates that 130,000 children live in homes in which a parent faces serious harm or death at the hands of their partner or ex-partner. Those children can go on to replicate the behaviour that they have seen. One mother told me of her experience. She said that her teenage son was starting to behave in the way that he had seen his father behave. He was lucky enough to respond to her challenging him, but she knows that the story is not over for him, and is now seeking support for him as the trauma that he experienced plays out in his life as he reaches adulthood.

The challenges that we now face in the provision of child and adult mental health services are having an impact on outcomes. One mother told me that she had to wait a year for support for her six-year-old son who had witnessed her abuse. That just cannot be right.

[Mr Jim Cunningham (Coventry South) (Lab)]

Does my hon. Friend agree that not enough resources are being invested in shelters and refuges for women? More importantly, another by-product of domestic violence is that it affects not only a child’s character but a child’s education. If I were a kid at school, I would be more worried about what was happening to my mother than about my lessons.

[Seema Malhotra]

My hon. Friend has supported refuges and other services that help his constituents. I will, if I may, refer here to the work of Refuge and Women’s Aid in challenging the cuts to refuges and the support for women and their families. It is horrifying that, in recent years, we have seen an increase in the number of women being turned away from support because of the lack of provision.

My hon. Friend mentioned schools and educational attainment. I would extend that to the role that schools are playing in picking up the pieces. One school told me that it estimated that five children in each class were experiencing or witnessing domestic abuse in some form at home. I was told the very sad story of how a school was working with a mother who kept an emergency escape bag in a cupboard at the school for when she felt she had to flee her home.

Such cases are far from unique. Women’s Aid highlights some staggering statistics. The crime survey of England and Wales found that 27.1% of women had experienced domestic abuse since the age of 16. The rate of domestic violence crime against women has doubled each year since 2009, and there were over 100,000 prosecutions for domestic abuse in 2015-16, the highest number ever recorded.

It is a year since the new offence of coercive control came into force. Domestic abuse goes beyond physical violence. Using the law effectively will require greater understanding. I would be grateful if, in her closing remarks, the Minister outlined the steps that the Government are taking to improve training for statutory agencies so that some of the new offences can be put to greater use.

Online abuse is a growing problem. The scale and nature of domestic and other abuse are changing. Online abuse is combining with offline abuse. A survey by Women’s Aid shows that over 45% of survivors of domestic violence had also experienced online abuse. The existing legal frameworks should be examined to ensure that the law is up to date in all areas to provide protection against online abuse as well as offline abuse.

[Chris Elmore (Ogmore) (Lab/Co-op)]

Does my hon. Friend agree that Facebook, Twitter and other social media outlets need to take responsibility for some of the abuse, and that they do not regulate enough? More regulation through law or through their own work would be a positive step to support women and girls who are subject to abuse, as well as other groups that are abused via the social media network.

[Seema Malhotra]

My hon. Friend makes an important point. Later I shall mention the work of the Reclaim the Internet campaign chaired by my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper). My hon. Friend the Member for Ogmore (Chris Elmore) highlights the need for a code of practice for technology companies and social media providers to ensure that survivors of domestic abuse and other forms of violence are protected online, and that other vulnerable users are not subject to abuse that goes unchallenged or unaddressed.

[Alex Chalk (Cheltenham) (Con)]

Does the hon. Lady agree that codes of conduct already exist? There are rules of the road that the social media platforms ostensibly trumpet as monitoring their conduct online, but they do not enforce them to the extent that they should.

[Seema Malhotra]

The hon. Gentleman makes an important point. There are good and emerging codes of practice, but they do not go far enough and they certainly are not enforced sufficiently. Further work could be done—for example, the Government could investigate the regulation or closing down of websites that promote or profit from image-based sexual abuse, an approach advocated by Women’s Aid. We could also look at the extent to which criminal and civil sanctions are used in cases of domestic abuse, such as domestic violence protection orders and non-molestation orders, which can be applied to routinely restrain a perpetrator from making digital contact with a survivor. I hope to hear some response from the Minister on that.

[Kate Green (Stretford and Urmston) (Lab)]

Does my hon. Friend agree that part of the problem is that the offence of online abuse, and also physical abuse, sometimes crosses international borders, and many of the websites are hosted outside the UK? Will she join me in asking the Minister to offer us in her response to the debate assurances that, as we leave the European Union, the security arrangements that we have in place through European security agencies, as well as our other international security arrangements, will be protected and resourced so that they are up to the task?

[Seema Malhotra]

My hon. Friend is right. Having worked in the creative industries on some of the issues surrounding the prevention and addressing of abuse online, I experienced the complexity of reaching agreement. The more we work together with other Governments and lead on that, the more that will help us to move forward on the complex issue of policy and regulation. My hon. Friend points out the potential risks to such cross-government working that could come from Brexit, and I hope the Minister will deal with that in her remarks and give the House confidence that our ratification and implementation of the Istanbul convention will not be affected by impending Brexit.

I want to mention the Femicide Census. It is a horror that we record the details of women killed by men. The initiative was launched in partnership with Women’s Aid, based on the information collected by Karen Ingala Smith on her blog “Counting Dead Women”, where she began collating details of women killed by men. My hon. Friend the Member for Birmingham, Yardley has spoken powerfully about this in the House on previous occasions. This week a new report was released which covers seven years and collates information on 936 women in England and Wales killed by fatal male violence. The report makes a number of recommendations to the Government. I am confident that we will hear from Ministers about their response.

I recognise the work done by local authorities across the country, even as they grapple with cuts. Data for my own local authority from the Mayor’s Office for Policing and Crime show that in the year to September 2016, there were over 4,400 more notifiable offences than in the year to September 2015. There has been a rise in domestic offences, sexual offences and rape offences. The lead Hounslow councillor on this portfolio is Sue Sampson. In 1976 Sue’s sister Maureen Roberts was shot dead, aged 23, by her estranged husband at her place of work, West Middlesex hospital, which still serves my constituency.

Maureen had become a victim of domestic violence shortly after she got married three years earlier. Straight after her husband shot her, he turned the gun on himself, killing himself. Sue still lives with the shock and the horror of what happened, like many others who are victims of these attacks on women. Such killings are increasingly being documented. Victims live with those stories for the rest of their lives. We have come far with the changes in the law, but, as this week’s Femicide Census shows, such violence still happens all too often.

[Jeremy Lefroy (Stafford) (Con)]

The hon. Lady is making a very powerful speech on this incredibly important subject. She is right to mention local councils. Stafford Borough Council has worked with Staffordshire Women’s Aid to create a new women’s refuge in Stafford. Does the hon. Lady agree that this is a fine example of partnership working, which in this case is under the inspirational leadership of Dickie James?

[Seema Malhotra]

The hon. Gentleman has made his point extremely well, and he is absolutely right. Indeed, his local authority, like Hounslow and others, is at the frontline of prevention, early intervention and the provision of support. However, like Hounslow, many authorities will face huge challenges in tackling both the reduction in funding across statutory and non-statutory organisations and, indeed, the integration of services.

As the data show, the scale of the challenge is increasing, and the pattern of violence seems to begin even earlier. The recent inquiry and very powerful report by the Women and Equalities Committee found that almost a third of 16 to 18-year-olds say they have experienced unwanted sexual touching at school. Some 59% of girls and young women aged 13 to 21 said in 2014 that they had faced some sort of sexual harassment at school or college in the previous year. We also need to reflect on the fact that the nature of violence can change. Last year, the revenge porn helpline received almost 4,000 calls, with children as young as 11 making those calls.

The battle is being fought hard. We are lucky to have the organisations we do, and the individuals working tirelessly in them mean there is cause for hope. I want to acknowledge and thank organisations including Refuge and Women’s Aid, whose Save Our Services campaign I have mentioned and which also has the very effective Child First campaign. Respect deals with the needs of perpetrators. I should also mention Southall Black Sisters, FORWARD and the End Violence Against Women Coalition, as well as female genital mutilation campaigners Hibo Wardere, Nimco Ali, Leyla Hussein and Fahma Mohamed, who, aged 19, was recognised by Bristol University this year with an honorary doctorate for her work in driving forward a very effective campaign.

[Rebecca Pow (Taunton Deane) (Con)]

A very powerful point is being made. The work of women’s refuges was mentioned, and I want to highlight the fact that the Government are providing £20 million for women’s refuges to help them with their valuable work. I would urge people to applaud that and to take advantage of it. What would the hon. Lady say about that?

[Seema Malhotra]

I have worked on these issues in Parliament for a number of years, and I am sure the hon. Lady will understand that while I acknowledge that support, I also question whether it goes far enough, whether it will be sustained so that organisations can plan sufficiently and whether it has been funded through cuts in other areas. There are complex issues around funding for refuges, of which the hon. Lady will be well aware. Supporting those services absolutely has to be a priority for any Government so that we can ensure we provide support for women at their most vulnerable moments.

The Everyday Sexism campaign has campaigned hard and shown very effectively how women face threats, harassment and violence in every walk of life. The Reclaim the Internet campaign, which I mentioned, has a really important role to play, because the scale of the technology in our lives, and the way it can be used to the advantage of victims and to support them, but also against them, must be understood and tackled by lawmakers and regulators. I also want to put on record my appreciation for SafeLives, the White Ribbon Campaign, Imkaan and others which remind us that gender-based violence is not inevitable and that prevention is not only possible but essential.

Let me turn to why we hope the Government will do much more and why we need them to do more.

[Madam Deputy Speaker (Mrs Eleanor Laing)]

Just before the hon. Lady comes to a very large chunk of speech, I should point out to her that I fully appreciate that she has taken a lot of interventions and that we are not under tremendous time pressure, but she has taken very much longer than the time normally allocated for the opening speech in a debate such as this. I am not suggesting she should finish immediately, but perhaps she should just have a couple of minutes more.

[Seema Malhotra]

Thank you, Madam Deputy Speaker. You will be pleased to hear that I am very close indeed to concluding.

As I mentioned, I and other Labour Members wrote to the Prime Minister regarding the Istanbul convention, and an update on the issue from the Minister today would be very welcome.

I welcome the Government’s moves this week on the new measures to support victims of stalking. There was also the announcement of new funding and guidelines. Obviously, there is much work to do with the national statement of expectations to ensure that what has been announced actually makes a difference and addresses the challenges we have heard about from services across the country. We need to ensure that best practice that is highlighted is promoted and extended, and that those providing services through local authorities have some guarantees that they will have resources in the future.

I want to refer to the urgent need for compulsory and age-appropriate relationship and sex education, and I recognise the work my hon. Friend the Member for Walthamstow (Stella Creasy) has done on this recently. I also want to explain why it is so urgent to focus on healthy and consensual relationships. I met the family of Hollie Gazzard, who founded the Hollie Gazzard Trust in memory of 20-year-old Hollie, who was killed in 2014 by an ex-partner. They highlighted how she did not speak out about the abuse, and nor did she understand the signs of a controlling relationship. They believe very strongly that relationship and sex education in school could have saved their daughter, and that is a message they take out through their organisation. There is an urgent need for this provision, and I fail to understand how, after six years, the Government have failed to implement what all the evidence shows is absolutely necessary. Where there is relationship and sex education in schools, it is clearly patchwork and clearly not good enough, and there is an urgent need to join up delivery on not only this issue, but on the Government’s strategy on violence against women and girls as a whole.

My final point is about the need for a shift in the culture in our country and in the public awareness of the role we can all play. I want to mention the excellent work of Croydon Council, which has taken this issue mainstream by engaging with businesses and other organisations on how they can sometimes be the first line of support for employees who are victims. Building awareness and doing work on joining up provision is not always about resources; it is also about a shift in culture, and that can save lives.

I want to close with a powerful quotation of Ban Ki-moon, which I believe is important for us to note:

“Violence against women and girls is a human rights violation, public health pandemic and serious obstacle to sustainable development. It imposes large-scale costs on families, communities and economies. The world cannot afford to pay this price.”

--- Later in debate ---

[Seema Malhotra]

Let me start by thanking the Minister and the shadow Minister for their helpful and valuable contributions at the end of this debate. I also wish to thank all the other Members who have taken part, making particular mention of my hon. Friend the Member for Batley and Spen (Tracy Brabin), and the hon. Members for Eastleigh (Mims Davies) and for Edinburgh West (Michelle Thomson). Let me echo the Minister’s words by saying to the hon. Member for Edinburgh West that her mum would have been incredibly proud of her, and I am sure that her family are, as we all are. In her speech—the same could be said of those others—she put others first, ahead of herself. I thank her for doing that, as it will make a big difference to my constituents, too.

I also thank the Backbench Business Committee for its support and for allowing us to have this debate today. We have heard a range of contributions highlighting the heartening progress in some areas but the rolling back of the clock in others, with the description of the situation in Sierra Leone being an example of that. I thank the Minister for her comments on the questions that were raised, but it will not surprise her when I say that we were disappointed not to hear a commitment to compulsory relationship and sex education in schools, particularly given the urgency of that. I am sure this will not be the end of that debate. There was also a recognition of the need to ratify the Istanbul convention. We need the Government to lay out a timetable, one that we believe and know will be stuck to.

Question put and agreed to.

Resolved,

That this House notes the UN’s International Day for the Elimination of Violence against Women and the 16 Days of Activism against Gender-Based Violence; further notes that violence against women is a human rights violation and prevents women and girls fulfilling their full potential; recognises that an estimated one in three women experience physical or sexual violence worldwide, but that violence against women and girls is not inevitable, and that prevention is possible and essential; and calls on the Government to work with other governments around the world to adopt comprehensive laws addressing violence against women and gender-based inequality and discrimination, to provide women-centred, specialist services to all survivors, and to fund key education and prevention programmes so that violence against women and girls is ended once and for all.

EU Nationals: UK Residence

Seema Malhotra Excerpts

Monday 4th July 2016 Commons Chamber

[James Brokenshire]

As I have already indicated, we want to be in a position in which EU nationals who are already here can stay in Britain. As I have already made clear, there is no change to the current arrangements or situation. We want to work quickly to see that these issues are resolved, but I again repeat that that needs to be part of the negotiations.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

May I put on the record my absolute disappointment with the Minister’s statement today? On an issue that appears to command consensus among those who campaigned both for leave and for remain, it beggars belief that the Home Secretary yesterday and the Minister today cannot give the reassurance that the millions of people in this country need that they can stay here and have the rights that they deserve, and it is notable that not one Member of this House has so far agreed with the Government’s position. These people are our teachers, our doctors, our entrepreneurs; they are also our taxpayers. They deserve that reassurance. The tone the Minister would then send to other European nations would in my view be the kind of tone we need to keep relations with our allies and protect the rights of our British citizens abroad.

[James Brokenshire]

I absolutely appreciate and recognise the huge contribution that EU citizens make to our economy and in so many other different ways. They enrich our country. There are difficult challenges to face now as a consequence of the decision that has been taken for the UK to leave the European Union. I have been very clear, as has the Prime Minister, that EU nationals’ rights remain unchanged while we remain a member of the European Union. Clearly, we are working to ensure that the negotiations are successful in giving those guarantees to ensure that those who are here are able to stay.

Immigration Detention

Seema Malhotra Excerpts

Thursday 10th September 2015 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I am pleased to speak in this incredible debate, and to thank my hon. Friend the Member for Sheffield Central (Paul Blomfield) and the hon. Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) for securing it. I thank members of the all-party groups on refugees and on migration for their joint inquiry, and I want to acknowledge the work of Sarah Teather in bringing this about.

This report has rightly been welcomed as a powerful intervention in the debate on the reform of our detention system. We have heard excellent contributions from, I think, 25 hon. Members today—contributions from my hon. Friend the Member for Sheffield Central; the hon. Members for Enfield, Southgate and for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald); the hon. Member for Bedford; my hon. Friend the Member for Ealing, Southall (Mr Sharma); the hon. Member for Crawley (Henry Smith); my right hon. Friend the Member for Slough (Fiona Mactaggart); the hon. Member for Stafford (Jeremy Lefroy); my right hon. Friend the Member for Oxford East (Mr Smith); the hon. Members for Glasgow North East (Anne McLaughlin), for Fylde (Mark Menzies) and for East Kilbride, Strathaven and—excuse me if I do not pronounce it correctly—Lesmahagow (Dr Cameron); the hon. Member for Wealden (Nusrat Ghani); my hon. Friend the Member for Ealing Central and Acton (Dr Huq); the hon. Member for Eastleigh (Mims Davies); the right hon. Member for Orkney and Shetland (Mr Carmichael); the hon. Members for Dewsbury (Paula Sherriff), for Rutherglen and Hamilton West (Margaret Ferrier) and for Glasgow South West (Chris Stephens); my hon. Friends the Members for Sheffield, Heeley (Louise Haigh) and for Hayes and Harlington (John McDonnell); the hon. Member for Glasgow North East (Anne McLaughlin); and my hon. Friends the Members for Birmingham, Yardley (Jess Phillips), for Edmonton (Kate Osamor) and for Hornsey and Wood Green (Catherine West).

The issue unites not just the House, as is clear from the debate, but the country, demonstrating the powerful and overwhelming case for reform of a system that is not fit for purpose. Members have raised a range of issues—on time limits; the detention of the wrong people; the unnecessary deprivation of liberty; the experience of women, often victims of sexual abuse or human trafficking, in detention; the need for gender-specific processes; poor case management; access to justice and legal advice; access to health services; the desperate issue of self-harm and suicide; mental health issues caused by, as well as worsened by, detention; family separation and accompanied minors; the long-term impacts on the well-being of children; the training of staff; and the desperate need to look at alternatives to detention.

We in the Labour party have repeatedly called for a review and reform of immigration detention policy. The current system is failing people who are scarred by a system where report after report shows detention being used disproportionately and for far too long. In fact, Home Office statistics for the first quarter of this year alone show 3,483 people held in immigration removal centres. Two thirds of them have been held for over 28 days. Of those, 488 had been detained for more than six months, 153 had been detained for more than a year, 25 had been detained for more than two years and one individual had been detained for more than four years. Not only is that expensive, but indefinite detention has been shown to have a highly negative impact on mental health and well-being. Will the Minister give the House more information on the reasons for such long detention times? What are the reasons for 488 people being held for more than six months? What countries are they from? What on earth could be the cause of someone being in detention for more than four years? What steps has the Minister taken to reduce that time?

Shockingly, between 2011 and 2014 the Government paid out nearly £15 million in compensation following claims for unlawful detention. The cost of failure is plain to see. What steps has the Minister taken to reduce that bill? What analysis has he undertaken of the root cause of these errors? The need for reform is clear, in order to achieve not just administrative excellence, with greater efficiency for the taxpayer, but a more proportionate use of detention in line with the principles of fairness and justice, with detention only as a last call, not a first call, as it has become.

I want to focus my remarks on three main areas: the need to end detention without limit; the reform so desperately needed for women detainees; and the need for us to rethink afresh about alternatives to detention. My hon. Friend the Member for Sheffield Central and the hon. Member for Enfield, Southgate, along with many others, spoke eloquently and passionately about the need for time limits. The UK is one of only a few countries in Europe not to have a statutory time limit, and we are out of sync even with Taiwan, Georgia and the United States, to name but a few. The United Nations High Commissioner for Refugees detention guidelines outline the need for statutory time limits. In May, the Home Secretary indicated that the length of detention is being considered by Home Office officials as part of a broader review of immigration detention. It is four months since then, so will the Minister update us on the progress of those discussions, on whether that is part of Stephen Shaw’s review and on when that review is expected to report? With broad support from both inside and outside the House for limited detention times, including from Nick Hardwick, Her Majesty’s chief inspector of prisons, and with so many calling for an end to indefinite detention, surely it is time to move forward. That point is made even more poignant with the extensive humanitarian crisis we are facing.

In August, we also saw another devastating report on Yarl’s Wood by Her Majesty’s chief inspector of prisons, and the experience of so many women in detention remains shocking: a third of detainees were transported to the centre overnight; the reception process took too long; detainees did not receive an adequate induction; even with the knowledge that the risk of self-harm is high, safeguarding procedures are underdeveloped; women on suicide watch report being observed by male guards, even in intimate situations; and detainees report feeling unsafe and being subject to sexually inappropriate comments from staff. Those experiences would be harrowing for anyone, but we must recall that a high proportion of women asylum seekers have also reported previous experience of domestic or sexual abuse, and they will be particularly vulnerable. Nearly half of those who go to Yarl’s Wood report that they feel suicidal on arrival. Yarl’s Wood is an embarrassment and we need to look at closure.

As has been mentioned today, nearly 100 pregnant women were detained last year, yet 90%—I repeat, 90%—of them were released. When 12 cases were examined, it was found that eight of these women should not have been detained or they should have been released earlier. A response to a written question about women detainees over the past three years showed that 834 out of more than 1,600 detained were released. Why were so many just released back into the community and not sent abroad?

I thank organisations such as Detention Action and Women for Refugee Women, which are represented here today, for the extraordinary work they do in raising the needs and the voices of those they support. In December last year, the shadow Home Secretary called for the prohibition of the detention of pregnant women and of individuals who have been trafficked or tortured or who have suffered sexual abuse. That proposal was also in Labour’s manifesto. It beggars belief that in the face of so much evidence the Government have still sat on their hands. It is also disappointing that the UN special rapporteur on violence against women, Rashida Manjoo, who published her report on the UK in June, was denied access to Yarl’s Wood; the Home Office has another chance here, and I hope the Minister will take that much-needed step and make a positive announcement today.

Finally, I wish to say a few words about alternatives to detention, as the report we are debating has laid out clear arguments for reviewing those. The UK has a long way to go to identify alternatives that are more cost-efficient and, in many cases, more effective. There is growing evidence from other countries, including Sweden and Australia, as to the benefits of stronger community- based approaches which allow for individualised case management, better access to legal advice and far less of a negative impact on well-being. Research has also shown that individuals who believe that they have been through a fair refugee status or visa determination process are more likely to accept and comply with a negative outcome. Will the Minister therefore update the House on the steps he may now be considering and how he plans to develop effective alternatives that go beyond a requirement to report or electronic monitoring?

We welcome this report and its findings, and thank those who have taken part. We also welcome the challenge it has laid out on the wholesale need for reform. More people who are detained are subsequently released than return to their country of origin. We now have an opportunity to do the right thing, at a time when we know that there will be no expansion of the estate but that demand is increasing. It is not just humane but vital that we see a culture change in our system and a change in the use of immigration detention so that it is a measure of last resort, not first resort. I look forward to the Minister’s response.

[The Minister for Immigration (James Brokenshire)]

I congratulate the hon. Member for Sheffield Central (Paul Blomfield), and my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) on securing today’s debate on the report of the joint inquiry by the all-party group on refugees and the all-party group on migration into the use of immigration detention in the UK. I am aware that all three of them, as well as others who have contributed to this debate, were part of the panel that produced this report, and I thank them and their fellow panel members for their work. The report raises interesting points on an extremely important issue, which we have examined and continue to examine carefully. Like other right hon. and hon. Members, I also want to place on the record my thanks to Sarah Teather, who chaired the panel and did some extremely important work. This was certainly a topic on which she was very impassioned, and remains so to this day.

This debate has highlighted the fact that immigration detention remains an important and emotive subject. Depriving an individual of their liberty is one of the most serious acts a state can take. The decision to detain should never be taken lightly and, once the decision has been taken, it is incumbent on the state to take proper steps to safeguard the health and welfare of those in detention. I always stress that those detained should be shown respect and dignity. This has certainly been an area of particular focus for me since I became the Minister for Immigration last year. I have visited a number of immigration removal centres; indeed my first visit this Parliament was to Yarl’s Wood, and last week I was over at Heathrow seeing the two immigration centres there. The issue will command a continuing focus, on the part of not only the House, but Home Office Ministers.

The Home Office uses immigration powers of detention to prevent unauthorised entry to the UK or to effect the removal from the UK of people who have no right to be here. A lot of the debate has highlighted asylum, but IRCs deal with many broader matters, including foreign national offenders and cases where people have overstayed and are abusing their right to be in this country. It is therefore a complex picture, but it is important that we discuss these points in the way we all have during today’s debate.

[Seema Malhotra]

rose—

[James Brokenshire]

I have a limited time to cover quite a lot of points. My normal approach would be to take lots of interventions, but I would like to make a number of points in response to those raised, if hon. Members would allow me.

It is very important that we are able to remove people who have no right to remain in the UK and those who have abused our hospitality by committing crimes. We would always prefer those with no right to be here to leave of their own volition, and a number of mechanisms in the Immigration Acts and the forthcoming immigration Bill are designed to promote that, but unfortunately it does not always happen. When individuals refuse to leave voluntarily, we must be able to enforce their removal. That may well require a period of detention, which we aim to keep as short as possible.

We need to be clear about the fact that detention is not only a necessary tool to support the removal from the United Kingdom of foreign criminals, which I am sure Members in all parts of the House would endorse, but equally important in managing non-compliance by people who are here without lawful basis of stay.

As a number of Members have mentioned, the report’s principal recommendation is that immigration detention should be subject to a statutory time limit of 28 days. I should explain that it is not possible to detain under immigration powers indefinitely, although some have sought to suggest otherwise. Indefinite detention is unlawful. To be lawful, detention must be based on one of the statutory powers in the Immigration Acts, and must accord with the limits set out in case law from both the domestic courts and the European Court of Human Rights. There must be a reasonable prospect of removal within a reasonable time frame, and the Home Office must continue to show how a case is being progressed to removal if detention is to be maintained.

Our published policy makes clear that there is a presumption in favour of liberty and that detention should be used only as a last resort, but there will be some cases in which longer periods of detention may be appropriate. The hon. Member for Feltham and Heston (Seema Malhotra) asked me about that. “A reasonable prospect of removal within a reasonable time frame” is a highly case-specific consideration. A reasonable time frame may be longer, for example, for a person with a history of non-compliance with immigration conditions than for a more compliant individual. Criminality and public protection concerns will also play heavily into the consideration of the length of the reasonable time frame. There are some very difficult cases involving foreign-national offenders who may be seeking to frustrate their removal. No doubt we will return to the issue of how that can be managed, in the context of, for instance, the use of electronic tagging, and I look forward to those future debates.

I am sure Members agree that it would be totally unacceptable to reward foreign criminals and illegitimate migrants who refuse to comply with immigration law by requiring their release, even when removal was imminent, simply because a blanket time limit had been reached. Members may recall that an amendment to introduce a statutory limit of 60 days was proposed in another place during the Report stage of the Immigration Bill last year, and was rejected by a majority of over 300. The rejected time limit was significantly more than the 28-day limit proposed in this report. In the light of that earlier clear vote, the Government do not currently propose to return to legislate on the issue, but we will keep it under review.

The report recommends that more use should be made of alternatives to detention in the UK, and I entirely agree with that recommendation. Our published policy already reflects the view that detention should be used only as a last resort, and that alternatives should be considered whenever possible. I am considering carefully what further steps may be taken in that regard.

Concerns have been raised that we do not deport or remove people quickly enough, and that they may therefore spend longer in detention. Concerns have also been raised about the number of people who are released from detention rather than being removed from the UK. We are keen to ensure that deportation or removal takes place promptly. We streamlined immigration and appeal processes in the Immigration Act 2014 to support that, and we are considering what further steps can be taken.

People may be released from detention for a wide variety of reasons. For example, their circumstances may have changed in a way that makes detention inappropriate, they may have been granted bail, or their removal may have been prevented or delayed by unexpected obstacles such as the securing of travel documents or the lodging of late legal challenges. It does not follow automatically from a release that the original decision to detain was wrong.

However, there is more that we can do in this area. Work is in hand to examine the purpose, operation and size of the detention estate. As part of that work, we will be looking at the issues of gatekeeping for entry to detention and the review of detention, once authorised, to see how those important functions might be enhanced. We will certainly reflect on the points that have been made about caseworking. I take this very seriously, because I want to ensure that the use of detention is appropriate and is applied in the right manner.

Part 2 of the report focuses on the physical conditions of detention, including the standard of accommodation provided in immigration removal centres and healthcare representation. It is common ground that when we do detain, it is vitally important for individuals to be held in humane but secure accommodation, and for us to ensure that their welfare is safeguarded at all times. Obviously, we have an overview from Her Majesty’s chief inspector of prisons, and I meet representatives of the independent monitoring boards that operate in immigration removal centres, whose reports I take extremely seriously.

Following the publication of the report, we asked Stephen Shaw, who was conducting an independent analysis of welfare in IRCs, to look specifically at part 2 as part of his review. We have not yet received Mr Shaw’s report and had an opportunity to consider it fully, and it would not be appropriate for me to speculate on its findings, but I assure the House that we will be considering it very carefully indeed. It is a serious piece of work, and we will give its response serious consideration.

I am conscious that I am nearing the end of the 10 minutes that Front Benchers are customarily allowed. I apologise again to Members for that fact that I may not have been able to respond to every single point. I thank the members of the all-party parliamentary groups for their work in putting the report together, and I thank the Members who secured today’s debate. I take this issue extraordinarily seriously, and the Home Secretary does as well. That is why we commissioned Stephen Shaw’s report, and, once it has been concluded, we will update the House accordingly.

Oral Answers to Questions

Seema Malhotra Excerpts

Monday 6th July 2015 Commons Chamber

[Mrs May]

As I said to the hon. and learned Lady, we are reviewing the detained fast track scheme. She makes a wider point about detention, particularly about vulnerable people in detention. Because I felt it was appropriate that we looked at that issue, I asked Stephen Shaw to conduct his review of welfare in detention, as he has been doing for some months. He has visited the various detention centres and spoken to a number of people who have an interest in this issue, and he will be bringing his review forward.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The UN special rapporteur did indeed conclude that there was a lack of consistency in the Government’s approach to violence against women and girls. In addition, recent data show that 16 to 19-year-olds are more likely to be victims of intimate violence than any other age group. When does the Home Secretary plan to respond to the report’s conclusions and, in addition, the need for compulsory relationship and sex education in schools?

[Mrs May]

I am sorry that the hon. Lady did not feel able to welcome the fact that in 2014-15 police referrals, charged defendants, prosecutions and convictions for all crimes of violence against women and girls reached the highest volume ever. The criminal justice system is dealing with these issues. Of course, there is always more that can be done. We want people who commit these crimes of violence against women and girls to be brought to justice, and that is exactly what we are doing.

Devolution and Growth across Britain

Seema Malhotra Excerpts

Wednesday 3rd June 2015 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making a very powerful speech. Bearing in mind that the UK trade deficit widened from the last quarter of 2014 to the first quarter of this year, does he not agree that local authorities and local enterprise partnerships play a very important role in helping to support businesses to take advantage of export opportunities, so that Britain’s businesses can meet their maximum potential in the world?

[Mr Umunna]

My hon. Friend raises a very important point. The current account deficit is at its highest ever level at the moment, and she is absolutely right about the approach that we need to adopt.

Beyond the economic argument, which I have talked about, there is a bigger argument to be made for devolution. We know that levels of trust in politics are low, but we also know from research that policies formulated and delivered locally command far greater trust than those made in Westminster.