Domestic Abuse Bill (Sixth sitting)

Debate between Alex Chalk and Victoria Atkins

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

[Alex Chalk]

Clause 37 relates to arrest for breach of order and it makes provision for breach of a domestic abuse protection order to be dealt with as a civil matter— that is, as a contempt of court. A breach of an order is a criminal offence under clause 36, which we did not debate, whereby a police officer can make an arrest without a warrant under powers in the Police and Criminal Evidence Act 1984.

However, we understand that some victims may be concerned about their partner or ex-partner being convicted of a criminal offence for breaching the order. Where an order is made by the High Court, the family court or the county court, clause 37 makes provision for the victim—the original applicant for the order—or any other person with leave of the judge to apply to the court for a warrant of arrest to be issued. That means that the court can then deal with the breach as a civil matter as a contempt of court. We consider that this allows effective action to be taken by the court following breach of an order, while still providing an option for victims who do not wish to criminalise their partner or ex-partner.

Schedule 1 makes further provision regarding remand under clause 37, where breach of a DAPO is being dealt with by the court as a civil matter. It sets out the procedure whereby the court may remand the person who has been arrested for breach. The process set out is consistent with existing law and replicates the approach the court already takes in regard to remand in such cases. It is sometimes necessary for the court to adjourn the hearing in order to allow for evidence to be prepared. In such cases, the court may decide to remand the person in custody or on bail.

Remand would usually only be used in cases where the court considers that the person arrested for breach is at a high risk of either committing further breaches or evading the return hearing. That may include, for example, if the court considers that person a flight risk.

Clause 37 accordingly ordered to stand part of the Bill.

Schedule 1 agreed to.

Clause 38

Notification requirements

Question proposed, That the clause stand part of the Bill.

[Victoria Atkins]

Clause 38 provides that all DAPOs will impose notification requirements on the perpetrator, requiring them to notify the police of certain personal details within three days, beginning with the day on which the order is made. The perpetrator will have to provide details of their name, together with any aliases that they use, their home address and any changes to those details. This will help to ensure the police have the right information at the right time in order to monitor the perpetrator’s whereabouts and the risk posed to the victim.

These provisions have been drafted to capture a number of different scenarios, including if the perpetrator has no one fixed address, leaves and then returns to the UK or becomes homeless, helping to ensure their compliance with the notification requirements. There is also a power for the Home Secretary to specify by regulations further notification requirements, which a court may attach to a DAPO on a case-by-case basis, as appropriate. For example, details of the perpetrator’s work place, whether they hold a firearms licence and details of new applications for a spousal visa.

We will use the pilot of the orders to assess whether the current provisions are sufficient or whether it is necessary for the police to be notified of additional information by the perpetrator in order to protect victims. If so, this can be set out in regulations at a later stage.

Question put and agreed to.

Clause 38 accordingly ordered to stand part of the Bill.

Clause 39 ordered to stand part of the Bill.

Clause 40

Offences relating to notification

Amendment made: 34, in clause 40, page 26, line 22, leave out “section 154(1) of the Criminal Justice Act 2003” and insert “paragraph 24(2) of Schedule 22 to the Sentencing Act 2020”.—(Alex Chalk.)

See the explanatory statement for amendment 31.

Question proposed, That the clause, as amended, stand part of the Bill.

[Victoria Atkins]

Clause 40 simply provides that breach of the notification requirements without reasonable excuse is an offence carrying a maximum penalty of five years imprisonment. Again, this sends a very strong message to perpetrators that the Government, as well as the courts, the agencies, the police and so on, take any breaches of these orders very seriously indeed.

Question put and agreed to.

Clause 40, as amended, accordingly ordered to stand part of the Bill.

Clause 41

Variation and discharge of orders

Question proposed, That the clause stand part of the Bill.

[Alex Chalk]

Clause 41 is about the variation and discharge of orders. Another example of the DAPO’s flexibility is that the requirements imposed by the order can be varied so that the courts can respond to changes over time in the perpetrator’s abusive behaviour. That is important for the complainant, so to speak, as well as for the person who is subject to the perpetrator order. It is important that he—it will usually be a he—can come back to the court to seek to vary it if appropriate. That is why the clause is drafted as it is.

Question put and agreed to.

Clause 41 accordingly ordered to stand part of the Bill.

Clauses 42 to 44 ordered to stand part of the Bill.

Clause 45

Nature of certain proceedings under this Part

Amendment made: 35, in clause 45, page 31, leave out line 15 and insert

“sections 79, 80 and 82 of the Sentencing Code”—(Alex Chalk.)

See the explanatory statement for amendment 31.

Clause 45, as amended, ordered to stand part of the Bill.

Clause 46

Special measures for witnesses

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss new clause 47— Review of domestic abuse protection orders and notices—

“(1) The Secretary of State must within 12 months of this Act being passed conduct a review into the operation and use of domestic abuse protection orders and notices.

(2) The review must take account of—

(a) the extent to which domestic abuse protection orders and notices have been used;

(b) data on the effectiveness of domestic abuse protection orders and notices in tackling and preventing domestic abuse;

(c) the views of those for whose protection orders and notices have been made.

(3) In designing and conducting the review, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner,

(b) the Welsh Ministers,

(c) organisations providing support to victims and perpetrators of domestic abuse,

(d) such other persons as the Secretary of State considers appropriate.

(4) Upon completion of the review, the Secretary of State must publish and lay before Parliament a report setting out—

(a) the findings of the review, and

(b) the action the Secretary of State proposes to take in response to the review.”

This new clause would ensure that both DAPOs and DAPNs are reviewed to ensure that they are operating effectively and serving the purpose that they were intended for.

[Victoria Atkins]

Clause 47 requires the Government to issue statutory guidance on the new notices and orders to the police, and to any third parties specified in regulations who may make a standalone application for an order. The recipients of that guidance must have regard to it when exercising their functions. The Government are also required to consult the commissioner before issuing or revising any guidance under the clause. This provision is crucial to help to ensure that frontline practitioners have the knowledge, understanding and confidence to use DAPOs effectively and consistently, in order to help victims and their children.

Topics to be covered by the guidance include how the different application pathways for a DAPO operate, when to consider applying for a DAPO and how to prepare robust application conditions, which may be included in a DAPO, and how to work with victims effectively, highlighting the importance of robust safety planning and referral to appropriate victim support services. We will develop the guidance in collaboration with the police and sector experts, ensuring that it is of high quality and relevant to the frontline practitioners using it.

Question put and agreed to.

Clause 47 accordingly ordered to stand part of the Bill.

Clause 48 ordered to stand part of the Bill.

Clause 49

Powers to make other orders in proceedings under this Part

Question proposed, That the clause stand part of the Bill.

[Alex Chalk]

The clause relates to powers to make other orders in proceedings under this part. I will speak briefly on this, because it is important. Clause 49 makes provision for DAPO proceedings to be included in the definition of family proceedings in the Children Act 1989 and the Family Law Act 1996, if they are taking place in the family court or the family division of the high court. In practical terms, that will ensure that family judges have access to their powers under the Children Act and the Family Law Act in the course of DAPO proceedings.

For example, if a family judge is hearing an application to make or vary a DAPO, and concerns around child contact arrangements are raised, the judge will be able to make an order under the Children Act without a separate application having to be issued. We consider that that will provide clarity and flexibility to the court, as judges will be able to use their powers under the Children Act and the Family Law Act in any DAPO proceedings to best protect victims of domestic abuse and their children.

Question put and agreed to.

Clause 49 accordingly ordered to stand part of the Bill.

Clauses 50 to 52 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Rebecca Harris.)

Domestic Abuse

Debate between Alex Chalk and Victoria Atkins

Tuesday 16th July 2019 Commons Chamber

[Victoria Atkins]

I thank the hon. Lady for her question. I am very happy to acknowledge her important work on the Committee and, indeed, in many other areas of helping women and girls and of tackling violence. On the domestic abuse commissioner, we have been very anxious to get parts of this entire package moving as early as we could. We are in the process of appointing a designate domestic abuse commissioner, whose name will be announced soon. We have done that because, with the best will in the world, we are very aware that the Bill will take time to get through, so we are appointing a designate commissioner to get on with some of the really important work, such as mapping services and beginning to draw together the plans when it comes to children’s services and so on. That will enable us to see what works, because I note that the Committee queried why it was a part-time role. Look, let us see how it works and if it requires more than that, we will, of course, look at that as well, but we are just very keen to get moving.

[Alex Chalk (Cheltenham) (Con)]

I warmly welcome this statement, and I congratulate the Minister on the leadership that she has shown on this important issue. May I ask her about the automatic entitlement for special measures for complainants in allegations of domestic abuse? I warmly welcome that and ask her to clarify whether this means that those giving evidence in court will increasingly be able to do so by way of video-recorded evidence in chief and, indeed, video link cross-examinations, so that they do not have to experience the trauma of coming into court and sometimes facing their tormentor?

[Victoria Atkins]

I thank my hon. Friend for his question. He brings his expertise as a criminal practitioner into this Chamber. I know that he has great experience of making those applications for special measures where it is painfully obvious to everyone concerned that, of course, special measures should be granted. I am extremely grateful to the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), for pressing very hard on this, and, yes, that is the expectation. We want victims of domestic abuse to be able to give their best evidence in court, and if that means through a video link or whatever, then that is what we must do.

Knife Crime Prevention Orders

Debate between Alex Chalk and Victoria Atkins

Monday 4th February 2019 Commons Chamber

[Victoria Atkins]

I assume the hon. Gentleman has read the serious violence strategy. He will see in that the ways in which Home Office officials have analysed the data and set out the chief drivers of serious violence. There are correlations with other countries that have seen rises in serious violence, which is why we have looked to see what they are doing differently and whether there are any commonalities between their experiences and ours, but we have to look at this in the round. The public health approach, which has support across the House, is very much focused on prevention and early intervention, and that is what the strategy and the taskforce seek to achieve.

[Alex Chalk (Cheltenham) (Con)]

I warmly welcome these knife crime prevention orders, but does the Minister agree that we need to tackle head on the cultural sickness that glamorises knife violence in the first place? That must include taking a robust approach to those social media platforms that host material that is distasteful and downright irresponsible.

[Victoria Atkins]

My hon. Friend is absolutely right, and I note that he represents Cheltenham, which plays such an important part in our national security. We have invested £1.4 million in a social media hub with the Metropolitan police precisely to help the police identify those images and bring them down as quickly as possible. Frankly, the tech companies were not doing what they should be doing. They are getting better, although I do not think that they are there yet by any means. It is through the campaigning of not just the Government, but people such as the Jermaine Goupall family, who have suffered so terribly at the hands of gangs, who spread their evilness via social media, and through tech companies waking up to the harms that their sites can do to ordinary families across the country that I hope we will get some real action on this and get these sickening materials taken down.

Offensive Weapons Bill

Debate between Alex Chalk and Victoria Atkins

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 28th November 2018 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

rose—

[Victoria Atkins]

Oh, gosh. I am going to try to finish my speech by 4.30 pm, so I will give way to the hon. Member for Redcar (Anna Turley) because she has tabled amendments to which I will not have time to speak.

--- Later in debate ---

[Victoria Atkins]

Of course I acknowledge the great history of Sheffield as the centre of knife making in this country and, dare I say it, across the world. We have looked very carefully at the trusted trader amendments, but we believe they would introduce more bureaucracy for retailers, which is why we do not support them. This is simply a matter of conducting checks, and then the grown-up who is buying their kitchen knife going to a post office and showing their ID to prove that they are in compliance with the law.

[Alex Chalk]

rose—

[Victoria Atkins]

I will take one more intervention because I have promised that I will finish at 4.30 pm.

[Alex Chalk]

The Minister is extremely kind. Although I and, I dare say other hon. Members, can understand the public interests of this proposal entirely, retailers would want to be satisfied that there is a level playing field, so that overseas retailers importing knives into the UK are governed by the same rules, and that they are not going—if this is not too much of a pun—to undercut domestic suppliers.

[Victoria Atkins]

I am grateful to my hon. Friend because he has identified one of the problems with which we grappled in Committee. The Bill includes a clause specifically for overseas sales. The requirement is that any delivery company that enters into a contract with an overseas retailer or manufacturer must itself conduct the checks as to the age of the person to whom it is delivering. Arguably, the checks are more arduous on delivery drivers for overseas retailers than for UK-based retailers. He will understand that, if a retailer resides in China, there is very little we can do to require it to comply with these laws, but we have tried to address that point.

I hope and believe that the Bill addresses the concerns that have been raised about the sale and delivery of corrosive products, the possession of corrosive substances, the sale and delivery of knives and so on. I will listen with interest during the rest of this debate because hon. Members have tabled several interesting amendments. I hope that I have answered their concerns with regard to the amendments and new clauses I have spoken on thus far, but I may seek to address one or two amendments at a later stage if there are particular questions they would like me to answer.

Oral Answers to Questions

Debate between Alex Chalk and Victoria Atkins

Thursday 15th November 2018 Commons Chamber

[Victoria Atkins]

The hon. Lady has raised an extremely important point. There have been more refuge places since 2010 under this Government, and in the summer we reconfirmed the funding arrangements for refuges. When I visit refuges, which are incredibly important places for women who need to flee very dangerous situations, what I hear from those women is that they would like to have that support at an earlier stage so that they do not have to be the ones who leave—so that he leaves, rather than her—and we are working on that as well.

[Alex Chalk (Cheltenham) (Con)]

5. What progress the Government have made on reducing the gender pay gap.

--- Later in debate ---

[The Minister for Women (Victoria Atkins)]

It’s me again!

It is encouraging that the national gender pay gap is at its narrowest ever, but it will take time and action by employers if we are to close it entirely. I am thrilled that more than 10,000 employers reported their gender pay gaps this year, but that is just the first step. We are now working with employers to help them to understand their gender pay gaps and what plans they could make to close them.

[Alex Chalk]

Sunlight is the best disinfectant. Does my hon. Friend agree that not just 10,000 employers but 100% of all eligible employers have reported their data and that that provides a baseline on which future progress can be measured and recorded?

[Victoria Atkins]

I am extremely grateful to my hon. Friend, who is a committed feminist on this subject. Interestingly, not only have more than 10,000 businesses had to have this conversation about how they treat women in their workplace, but we know it is having a trickle-down effect on employers who do not necessarily meet the threshold. I know from the conversations that I have had with business leaders that they understand: the will is there for them to change. They want to do so, and they want to do so in partnership with us in government.

Stalking Protection Bill (First sitting)

Debate between Alex Chalk and Victoria Atkins

Committee Debate: House of Commons & Committee: 1st sitting: House of Commons
Monday 9th July 2018 Public Bill Committees

[Alex Chalk]

I want to reflect on how far we have come on this issue in such a short time. It is hard to think that stalking was made a criminal offence only in 2012. Prior to that, it was the stuff of almost amusement. It is only now that we, as a society, have come to realise its appalling and corrosive impact. We have made that progress because of great campaigners such as my hon. Friend the Member for Totnes, who has been ably and graciously supported by the hon. Member for Rotherham.

I have one observation. This is an excellent Bill that will provide an important tool for early intervention. Critically, it allows to be placed on the individual not just a prohibition, but a requirement potentially to get some sort of treatment. We all want the stalking to stop, and sometimes the critical factor is to ensure that the individual gets treatment, be that talking therapy or whatever, to address the fixation that has got into his or her head. I hope that magistrates courts will take the opportunity that this excellent piece of legislation provides to protect victims and assist perpetrators.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Gray. I thank my hon. Friend the Member for Totnes for introducing this important issue to the House of Commons through her private Member’s Bill, and for all the hard work that she and those who assist her have put into the Bill. It has been a real pleasure to work with her and to see how she has drawn together all the charities that do so much invaluable work in this area, and how she has created cross-party consensus. I was very pleased when I saw the list of Committee members, because everyone present has worked so hard in this area.

I place on record my thanks to Mr and Mrs Ruggles, whom I met through my hon. Friend in our preparations for the Bill, and to Mr and Mrs Gazzard. I met Mr Gazzard when I visited my hon. Friend the Member for Gloucester, to whom I am also grateful, and we talked a lot about safeguarding and what more we can do to prevent terrible incidents of this nature. Similarly, I must thank my hon. Friend the Member for Cheltenham, who did so much to increase the maximum sentence available when such crimes have been committed.

I reiterate that the Bill has the Government’s wholehearted support and that the question of stalking is of great importance to the Government. The provisions in the Bill will provide the police with a vital additional tool with which to protect victims of stalking and deter perpetrators at the earliest opportunity, but we know that there is much more to do.

I will answer a couple of sensible questions posed by the hon. Member for Rotherham about the consistency of police training and the police response to investigating stalking across the country. The Home Office continues to work with the national police lead, Deputy Chief Constable Paul Mills, and will deliver the updated police guidance shortly. That is being overseen by the Home Secretary, who chairs the national oversight group, which I also attend and which does a great deal of work. The hon. Lady also made a valid point about mandatory police training. Clause 12 provides for statutory guidance to the police on stalking and we are committed to working with the College of Policing to deliver refreshed training across public protection portfolios, because we understand that some forces do much better than others, and we need to bring them all up to the same high standard.

We will continue to work closely with criminal justice partners to address the findings of last year’s joint inspectorate report on the police and CPS response to stalking and harassment, including through the national oversight group. In addition, we have provided £4.1 million through the police transformation fund to the police, in partnership with the Suzy Lamplugh Trust, which is such an important charity in this area, for a multi-agency stalking interventions programme to share best practice and learning on the development of effective interventions for stalking. The proposed stalking protection orders will form part of this bigger picture to tackle stalking, as a vital additional tool at the disposal of our police forces. I very much pick up on the point made by my hon. Friend the Member for Cheltenham about these orders placing positive requirements on the defendant to address their own behaviour to see whether we can break that cycle of stalking.

--- Later in debate ---

[Victoria Atkins]

Of course, stalking can present in many different ways. As we have discussed, what is key is that the police are aware and conscious of patterns of behaviour that may constitute stalking, as is helping to educate the public through the invaluable charities that we have already named and raising awareness of what may constitute stalking behaviour.

I had an interesting meeting last week with the police and crime commissioner for Sussex, who is doing a great deal of work in that county to develop police and public awareness of stalking. As education and awareness have developed, reporting of such instances has risen. We do not have not any reason to believe that there is more stalking in Sussex than anywhere else; I think it is a question of more awareness-raising meaning that people know that they should not have to put up with such behaviour and reporting it to the police. The Bill will give the police the powers they need to protect those people immediately.

[Alex Chalk]

On the practicalities, collating the evidence for one of these civil orders may be quite a laborious exercise. Gloucestershire police are a national leader on stalking issues. Can the Minister provide assurances that other police forces will be given sufficient training to ensure that they know how to present these applications in a cogent way and discharge the appropriate obligations to the person being considered for such an order?

[Victoria Atkins]

Very much so. That is the expectation, particularly through the statutory guidance. We will very much be led by the National Police Chiefs’ Council lead, Paul Mills. Tackling stalking is his focus, so we will work with him and the College of Policing to ensure that chief constables and police officers on the beat across the country understand not only their powers but how to spot the signs of stalking and harassment.

British Jihadis (Iraq and Syria)

Debate between Alex Chalk and Victoria Atkins

Wednesday 31st January 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

First, I congratulate the hon. Member for Barrow and Furness (John Woodcock) on securing this debate and on raising an important issue on which he has done much work. I know that my right hon. Friend the Minister for Security and Economic Crime, on whose behalf I am speaking tonight, very much values his contribution. May I also thank all colleagues who have contributed this evening, including my hon. and gallant Friend the Member for Isle of Wight (Mr Seely)?

The safety and security of our country, our people and our communities remains the Government’s No. 1 priority. Regretfully, our country and, indeed, this House have seen the tragic impact of terrorists who seek to use violence to undermine and destroy our society’s commitment to liberal values. Of course, their cowardly actions serve only to strengthen our resolve and our determination to protect the United Kingdom and to disrupt those who engage in terrorism.

Central to that work to protect the public is our management of the threat posed by British-linked individuals who aspire to travel, and who have successfully travelled, to Syria and Iraq to fight for Daesh. The Government have also planned and prepared for the risk posed by those who return.

We have been clear over the past few years that people should not travel to Syria and parts of Iraq. The horrific nature of Daesh’s brutal regime is well documented and there is no doubt that anyone who, for whatever reason, has travelled to those areas against UK Government advice is putting themselves not only in considerable danger, but under justifiable suspicion.

As we have stated previously in the House, we know that more than 850 UK-linked individuals of national security concern travelled to engage with the Syrian conflict. We estimate that over 15% of those who travelled have been killed in fighting in the region and just under half have returned to the UK. A significant proportion of those individuals who have already returned are assessed as no longer being of national security concern. The Government have been clear throughout the conflict that any British national who has travelled to Syria or Iraq and chosen to fight for Daesh has made themselves a legitimate target while in the conflict zone.

[Alex Chalk]

As a distinguished barrister, my hon. Friend will know, however, that the difficulty for prosecuting authorities is establishing what those individuals were doing in those foreign fields. Given that we apply the rule of law and believe in justice, that inevitably means that, all too often, under the current system people who were probably doing something will get away with it.

[Victoria Atkins]

I am extremely grateful to my hon. Friend for his intervention. He brings his legal learning, knowledge and experience to the House, to great effect. He is right and has hit the nub of the problem, namely the tension that this democratic, liberal country faces when dealing with people who have gone overseas and to whom we require, rightly, the rule of law to apply as it does to any other citizen. The difficulty posed by that, of course, is the gathering of evidence to prove the case to the required standards.