Ten-Year Drugs Strategy

Alison Thewliss Excerpts

Monday 6th December 2021 Commons Chamber

[Kit Malthouse]

My right hon. Friend is absolutely spot on. A lot of people underestimate the impact that illicit drugs can have on not only their physical health, but, importantly, their mental health. I think all of us may have experience of meeting those who have perhaps taken too many drugs in their past and have seen the damage that that has done to their brains, as well as to their bodies. That is perhaps one of the education items that we need to include in our deterrence campaign.

[Alison Thewliss (Glasgow Central) (SNP)]

In 2016, in response to an HIV outbreak, Greater Glasgow and Clyde health board proposed a supervised drug consumption room—an overdose prevention room. The Home Office has sat on that request and blocked it for five years with absolutely no justification, while people in Glasgow, in my constituency, have died. When the Minister next comes to Glasgow, will he show the bravery that the Scottish Government’s Minister for Drug Policy has shown, come for a walk with me and tell me why people injecting in their groin in the snow tomorrow should support his drugs policy?

[Kit Malthouse]

The hon. Lady often vents her fury and anguish about the situation in Glasgow, which is appalling, on me. She rarely does it on our Scottish Government colleagues—

[Alison Thewliss]

Because they have listened!

[Kit Malthouse]

They, of course, have presided over the incidence of drug deaths in her city for many years now. Happily, they have made an investment in health just recently—just before the election in which they were standing to be re-elected as the Government. The hon. Lady can shout at me all she likes, but until she shouts at me and the Scottish Government, it will be hard to take her completely seriously.

Having said that, I believe that the strategy that we have put in place will have an impact in the hon. Lady’s constituency, not least because in the early part of 2019, as she will recall, it was enforcement efforts by the National Crime Agency in this country—in England—that intercepted 27 million street benzo tablets destined for Glasgow. That is the kind of impact that we can have on behalf of the whole United Kingdom.

Oral Answers to Questions

Alison Thewliss Excerpts

Tuesday 3rd November 2020 Commons Chamber

[Chris Philp]

My hon. Friend is quite right. We are losing something like 1,000 magistrates a year as they turn 70, often very experienced magistrates who still have a great deal to offer the justice system. The consultation had two options: raising the age to 72 or to 75. I strongly commend my hon. Friend for his patience, persistence and perseverance in trying to get his private Member’s Bill through, often in the face of somewhat unfortunate headwinds, on private Members’ Bill Fridays. This is an urgent issue. As soon as we have formulated a response to the consultation, we will certainly be looking to legislate via whatever vehicle is available as quickly as we possibly can.

[Alison Thewliss (Glasgow Central) (SNP)]

What discussions he has had with Cabinet colleagues on upholding the rule of law.

[John Nicolson (Ochil and South Perthshire) (SNP)]

What discussions he has had with Cabinet colleagues on upholding the rule of law.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Naturally, I do not disclose the details of private conversations I have with Cabinet colleagues, but they, and everybody else who cares to listen, should be in no doubt that I am, and will continue to be, a very active Lord Chancellor in supporting the rule of law, using the authority of my office to advise, to warn and to encourage. I am absolutely committed, under the oath I took, to my constitutional duty to uphold the rule of law.

[Alison Thewliss]

The Lord Chancellor said he would resign if he saw the rule of law being broken in a way that he found unacceptable. Ten days ago, more than 800 of some of the most senior legal figures across the UK wrote to the Prime Minister stating that attacks on the legal profession by the Prime Minister and the Home Secretary undermine the rule of law. When he read that letter and saw the signatories, did he think things had got to the stage of being unacceptable?

[Robert Buckland]

The hon. Lady is eliding two issues. I was talking in early September about the United Kingdom (Internal Market) Bill. Since then, the Government made important concessions in this House to qualify the coming into force of those provisions, and set out examples where, to all intents and purposes, the EU would have acted in clear bad faith. She is eliding the two issues, I hope inadvertently. When it comes to defending the legal profession, I have already publicly stated my steadfast support for the profession that I am honoured to be a part of.

Rights, Equality and Citizenship Programme (Revocation) (EU Exit) Regulations 2019

Alison Thewliss Excerpts

Monday 28th October 2019 General Committees

[Alison Thewliss (Glasgow Central) (SNP)]

I will not oppose the regulations because, as the Minister has said, there have been communications with the Scottish Government on this issue. The Minister may have been guilty of a slight exaggeration when he said that Ash Denham was happy to support the measures. In August, in her letter to the Convener of the Justice Committee, she said:

“It is our unwelcome responsibility to ensure that devolved law continues to function on and after EU withdrawal.”

The rights, equality and citizenship programme aims to contribute to the further development of equality and the rights of people, the charter of fundamental rights and freedoms, and international human rights conventions. The REC programme has two funded projects in Scotland, one of which is still active. The improving justice in child contact project, for children affected by domestic violence, is a 24-month project run by the University of Edinburgh, with a final report due in January 2021 after the project ends in October 2020. It is good to hear that the Government will still fund that very important project in the event of no deal. The “Prepare for Leaving Care: A Child Protection System that Works for Professionals and Young People” project, which was run by the University of Strathclyde in my constituency, completed its final report in January 2019.

It is good to hear that, as part of the Treasury guarantee, the regulations require that the UK Government administer payments to Scotland for live projects in the event of a no-deal Brexit. That highlights the important and fundamental projects for children and young people that have been funded through the project. Will the Minister guarantee that similar projects will also be funded by the Government once we leave the EU?

I question whether those projects will get the same funding as they do currently and whether the Scottish Government will get an equivalent amount of money to fund similar projects to continue the initiatives. Justice in child contact and leaving care are two hugely important issues and we should not lose those kinds of projects, which are incredibly important to Scotland and I am sure that we are learning how useful they could be for the rest of the UK.

We welcome the UK Government’s agreement to guarantee the funding in the event of no deal, but we maintain that the best way to avoid no deal is for them to do the right thing by taking the risk of no deal off the table once and for all. In the long run, leaving the EU will be hugely damaging to our children and young people and all those who benefit from these kinds of programmes.

Oral Answers to Questions

Alison Thewliss Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Mr Speaker]

Two Members have been standing for some time, and I am keen to accommodate them. I feel sure they will agree that a sentence each seems fair.

[Alison Thewliss (Glasgow Central) (SNP)]

Thank you, Mr Speaker.

Street & Arrow is a social enterprise street food project and is part of Scotland’s violence reduction unit. It hires people with convictions for 12 months, mentors them and provides them with wraparound support. Does the Minister agree that such support is the best way to reduce reoffending?

[Rory Stewart]

Obviously I must pay tribute to the extraordinary achievements, particularly in Glasgow, on reducing violence. On my recent visit to the United States, I also picked up things we could do to work with ex-gang members to interrupt the cycle of violence and have a rapid impact, but we can certainly learn from Scotland on this issue.

Legislation against Female Genital Mutilation

Alison Thewliss Excerpts

Monday 11th February 2019 Commons Chamber

[Lucy Frazer]

As my hon. Friend identifies, this is an important matter. It will come before the House in Government time; as the Chief Whip has indicated, this is a matter that he would like to proceed with, as would the Government.

[Alison Thewliss (Glasgow Central) (SNP)]

FGM is a violation of human rights. Data released over the weekend showed that in the past two years medics in Scotland’s cities have treated victims of FGM on more than 230 occasions, which is horrific and quite chilling to think of, but we still know very little about the extent to which it is practised despite women being treated who have already suffered FGM.

In Scotland, we have laws in place to tackle this illegal practice and are looking at introducing protection orders also for women and girls at risk, which would give judges the power to prevent a woman or girl believed to be at risk of FGM from being taken out of the country. I know from some of my own constituency cases that that is a very real concern, and some of my constituents have raised it with me. We also have a national action plan to prevent and eradicate FGM.

The more crucial point about this today, however, is that it is disgraceful that this Bill has been blocked. It is becoming increasingly frustrating in this House to have the will of the House circumvented by one male Member, whom such issues will not affect, standing in the way of progress when we want to get on and do good things that would prevent women and girls from being harmed. So what will the Minister do, and will she speak to her colleague the Leader of the House and others to ask for measures to be put in place to prevent this abuse of the House from happening again? The private Member’s Bill system has already been said by the Procedure Committee, on which I serve, to be broken and discredited, and we cannot have faith that Bills will progress if somebody can object to them as easily as we saw last week.

Lastly, the Minister has not given a date for when this Bill will return to the House. I understand that the Leader of the House will make a statement tomorrow in the House after the Prime Minister’s statement; will there be any update on when this will happen then?

[Lucy Frazer]

I am very pleased to hear of the measures being taken in Scotland, because of course this is not a domestic problem that affects any region in particular but is an international problem. The Home Office is working with all regions to deal with this issue, and I am very pleased that when we brought in the legislation in 2015, we extended the reach of extraterritorial offences to ensure we could help prosecute in relation to cases affecting the UK that were carried out elsewhere.

Domestic Abuse Victims and Family Courts

Alison Thewliss Excerpts

Wednesday 18th July 2018 Westminster Hall

[Jess Phillips]

I certainly do not know of any. I will mention the recent study by Queen Mary University of London, in partnership with Women’s Aid, of how people are treated in the family courts. I am not aware of any Government reviews of the effect of litigants in person and, more broadly, of people being cross-examined by people who abused them, but I would certainly like to see one. If our courts and the Department are happy for that to go on, it is only right that they review whether it should continue.

Queen Mary University of London found that 24% of domestic violence victims who had gone through the family court system had been cross-examined by their perpetrator—someone who may have raped them, kept them prisoner or made them look on while they abused their children. We have the “achieving best evidence” standards in this country. I am not sure I can remember the bit in those standards that says the best way to get evidence in a justice environment is to allow someone who is utterly terrifying and has abused the victim to question them. I am not sure that we currently meet any sort of standard for achieving best evidence.

James Munby made it clear that the hands of family courts are tied—they simply cannot stop that cross-examination. Legislation is not in place to allow them to stop it. I know the Government want to stop it, too, and I am glad they heard our calls about that. I suggest that they do it. When the right honourable—I am not sure whether he is right honourable, and I am certainly not sure whether he is right or honourable—Member for Christchurch (Sir Christopher Chope) embarrassed them on upskirting, a Government Bill was suddenly introduced to address that. It has been widely publicised that the House will sit for two days next week. I would gladly come back then to see through a piece of legislation that has been passed once already—it has already gone through rigorous scrutiny by the Clerks and the House. I would gladly pop down on a train from Birmingham to stop the cross-examination of victims of domestic abuse by their abusers.

The second area that everyone who has been in touch with me has given a lot of attention is practice direction 12J and new practice direction 3AA. I believe practice direction 12J was reaffirmed for magistrates courts and our family court system because, frankly, it was not being followed. For those who are not as geeky as I am about the old practice directions in the family court system, practice direction 12J basically undoes the idea that someone who has been abusive has a right to see their children. That is not an automatic right, especially in cases where there is domestic abuse. Practice direction 12J gives that steer to people making such judgments. I handled hundreds of cases involving domestic abuse, and I cannot say I ever noticed that practice direction being used. I have great faith in the Magistrates Association, and I believe from what it wrote to me this week that that direction has been affirmed.

I wonder whether the Minister will join me in stressing the importance of this very simple message: “If you beat, coerce, humiliate and abuse your children’s mother, you waive your right to be their father until the moment the non-abusive parent decides otherwise.” I am not saying for one second that no one who commits domestic abuse should be able to see their children, but they should not have a right to demand to see them where the non-abusive parent does not wish those children—and the children do not wish—to be put in that situation.

[Alison Thewliss (Glasgow Central) (SNP)]

I thank the hon. Lady for securing this debate and for the speech she is giving, and I send solidarity from all the women’s aid organisations in Scotland, which want this change to be made, too. I understand that in England there is a presumption that the welfare of the child is best served by the involvement of both parents. That is not the case in Scotland, where decisions are taken on the facts of the case. Does she agree that looking at each case individually—looking at the facts of the case, the situation and the risk—is a much better approach than an automatic presumption?

[Jess Phillips]

I totally agree. I can only praise Scotland for the progress it has made in this area. I very much would like the Minister to look at what happens there. I am sure it is by no means perfect, but it is a lot better than what we have here.

New practice direction 3AA requires courts to consider whether those involved in family proceedings are vulnerable and, if so, whether that is likely to diminish their participation in proceedings or—as I said—the quality of their evidence. What are the Minister and the Department doing to review the use of practice direction 12J following its reaffirmation? It has been around a long time. Can we conduct some sort of review of whether it is working or whether it needs updating, and of new practice direction 3AA? Both are key to ensuring that we can rebuild trust among victims of domestic abuse.

The third thing that every single person who has been in touch with me has raised is the issue of special measures in the family courts, which are woefully behind those in criminal justice proceedings. In some cases, the same woman may present at the same courthouse—literally the same building—and be offered different things. She would most likely be greeted at the door of the criminal court by an independent domestic violence adviser co-located in that courthouse, who would have arranged different times for her and would explain the system and help her find the special area for her in the court. She may then walk around the back of the building and go through a different door into the family court, where someone may say, “Oh, there’s Larry—you can just sit next to him, regardless of the years of abuse you have suffered.”

There is absolutely no excuse for the tardiness with which we have reacted to something we have known about for a long time. At least since I came to this place, we have been raising the need for separate rooms, separate arrival times and better evidence-giving opportunities, so that people do not just have a curtain around them but can give evidence from elsewhere via video link. Those are well-trodden practices in our criminal court system, but for some reason in the family court we seem unable to recognise that there is a victim. The fact that family court proceedings are civil proceedings in which both parties are considered equal does not mean that both parties are equal.

Upskirting

Alison Thewliss Excerpts

Monday 18th June 2018 Commons Chamber

[Lucy Frazer]

As I have mentioned, we will introduce the legislation on Thursday, and Second Reading will take place before the summer recess. The allocation of time will be dealt with in the usual way.

[Alison Thewliss (Glasgow Central) (SNP)]

I welcome the Government’s response to this issue because it has caused an outcry among people throughout the United Kingdom, and many of my constituents have written asking me to support the Bill. However, notwithstanding the actions of one Member—and others who have acted similarly—the fact that private Members’ Bills are stymied by means of objection is not a new issue. Does the Minister agree that we need to review the procedures of the House, so that the will of the majority of the House, who support good legislation and measures to stop the abuse of women, is recognised and they can see their legislation passed, against the wishes of some people who wish to stop that?

[Lucy Frazer]

What I am pleased about is that the Government have ensured that this legislation can be brought forward in Government time so that it can be passed and upskirting becomes a criminal offence.

European Union (Withdrawal) Bill

Alison Thewliss Excerpts

Committee: 7th sitting: House of Commons
Wednesday 13th December 2017 Commons Chamber

[Geraint Davies]

It is an interesting idea that foxes have been eating chlorinated chicken.

As the right hon. Gentleman says, the concern is that the International Trade Secretary, even at this early stage, will look to undermine consumer standards, health standards and other standards in order to fix a deal and have something on the table to avoid the humiliation we see coming. As has been pointed out, it is in the interest of other countries to hold back from striking an early deal and to let the UK sweat. We will be in a difficult place if we do not have agreement on tariffs with the EU and elsewhere.

[Alison Thewliss (Glasgow Central) (SNP)]

Is the hon. Gentleman aware that, as well as chlorinated chicken and other items, infant formula is regulated differently in the US from in the EU? There are higher levels of aflatoxins in US infant formula than in EU infant formula, which could prove detrimental to infant health.

[Geraint Davies]

People will know that the EU has enormous capacity for negotiating trade deals, and we have been relying on it for the past 40 years. Over the past few years the EU has had an intricate dialogue with the United States on TTIP and with the Canadians on CETA to try to bring about some sort of harmonisation and agreement. TTIP has hit the buffers and is not going forward, but my point is that we simply do not have that negotiating capacity. If the EU’s huge capacity cannot achieve agreement in a short amount of time—it takes a long time to get these things right—what hope do we have? Very little.

--- Later in debate ---

[Alison Thewliss]

Does my hon. Friend share my concern that there has been no proper commitment yet to continuing with Erasmus+, which gives so many children in my constituency opportunities to go and make friends, to travel out into the world and to broaden their horizons?

[Hannah Bardell]

I absolutely agree. A delegation from across the EU—from Spain, France and many other countries—came to my constituency to meet and work with our children. It was so incredible to see the friendships that were struck up and the experiences that were shared. The thought that my three-year-old niece, or any children that I have, will not get to experience that is heart-breaking. We should all reflect on that. What are the young people of the nations of the UK going to miss out on because of the poor decision making and the poor decisions that are being pushed by this UK Government?

The Executive powers provided in clause 8 put current UK international obligations under serious threat. As we know, the UK Government cannot be trusted to uphold international obligations. We have seen time and again instances of them turning a blind eye to our obligations. In Yemen, for example, more than 300 incidents that could violate international law have been tracked by the Ministry of Defence since the conflict began two years ago, yet the UK continues to sell arms to Saudi Arabia.

One of my hon. Friends talked about the Trade Union Act 2016 and how workers’ rights have been rolled back. When all this power comes back, supposedly, to the UK, what faith can we have that our rights and obligations will be upheld by this Government?

We have spoken about Erasmus, regulations and what our young people are going to do. I strongly believe that the whole rhetoric in this process has been damaging. Some of the phrases that have emerged, the slogans that have been put on the side of buses and the way that political discourse has developed during this period echo, sadly, the Trump Administration. That scares me and, I am sure, many others deeply. We hear that Brexit means Brexit, that it will be a red, white and blue Brexit, that nothing is agreed until everything is agreed, that there are economic impact studies, there are no economic impact studies—yes there are, oh no there are not—and that the post-Brexit trade deal will be the easiest in human history. We have had a political hokey-cokey on the grandest scale and who are going to be the ones who lose out the most? It is going to be the young people of our nations who have to deal with the impact of Brexit and clean up the mess that many in this Government seem hell-bent on creating. For their sake—for your children’s sake—and for the future of all our nations in the UK, let us stop this madness.

Oral Answers to Questions

Alison Thewliss Excerpts

Tuesday 25th April 2017 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

In order to make a claim under the rape clause, a woman has to sign a form stating:

“I believe the non-consensual exemption applies to my child”.

Will the Government explain how that can possibly be in the best interests of the child and in respect of our duties under the UN convention on the rights of the child?

[Sir Oliver Heald]

The hon. Lady does not seem to understand that this is about supporting victims of rape and domestic abuse. This approach is crucial to protect women who are faced with very difficult circumstances—[Interruption.] I am answering. As part of these reforms, we have made sure that the victims are able to use third sector professionals to endorse their claim while they receive support to help them to cope and recover. No Government have done more to help victims.

Domestic Abuse Victims in Family Law Courts

Alison Thewliss Excerpts

Thursday 15th September 2016 Commons Chamber

[Alison Thewliss (Glasgow Central) (SNP)]

I pay huge credit to all the speakers who preceded me in the debate, particularly the hon. Member for Penistone and Stocksbridge (Angela Smith), who spoke about the heart-breaking case of her constituent, Claire Throssell. I am absolutely in awe of her strength and her dignity in the face of unimaginable trauma. I am glad that we can be part of putting Jack and Paul’s names on the record today. I would also like to pay tribute to the amazing women’s aid organisations across these islands, particularly Scottish Women’s Aid, which assisted me in preparing for this debate and works daily to support women and families through the ordeal of domestic abuse. It has told me that child contact issues are still a huge problem. I also pay credit to Glasgow women’s aid and the Glasgow rape crisis centre for the work they do to support women, which includes going through the court process. I long for the day—I am sure we all do—when women and children can live their lives without fear, but until then I am glad that these organisations and their committed staff and volunteers continue to carry out their vital, life-saving work.

The Scottish Government are responsible for child protection in Scotland. Members may be aware that a debate is also happening in the Scottish Parliament today on the proposed new domestic abuse legislation, building on the excellent work of the Equally Safe strategy. There is ongoing work from the Equally Safe group on all areas of gender- based violence. I commend all partners involved for continuing to strive to make improvements in policy in Scotland.

The proposed Bill in Scotland will create a new offence of domestic abuse. It will include criminalisation of psychological abuse such as coercive and controlling behaviour, which can be difficult to deal with under existing laws. It will also ensure appropriate penalties are available to deal with domestic abusers, and it will provide a range of associated measures to modernise the justice system to respond to domestic abuse.

In Scotland, we already have the Victims and Witnesses (Scotland) Act 2014 which allows special measures in courts, automatically in criminal cases and by application in civil cases. That can be very important. I have spoken to a number of the organisations involved in this, and it does help hugely to have these measures in place.

The basis for the system is good, but, sadly, Scotland is not immune from the difficulties described in this debate. Our court processes are not yet perfect, and this is reflected in the lived experiences of women and children going through this system. Scottish Women’s Aid tells me it remains concerned by the situation in the courts, where women are not believed and their experience of domestic abuse is downplayed. The significance of being able to tell your story and be believed is huge. Women are consistently undermined by abuse, their confidence shattered. Even getting as far as going to court is a massive ordeal. For the legal process then to remove any last part of dignity a woman has is unforgivable.

As the hon. Member for Penistone and Stocksbridge and others have mentioned, there also exists an artificial separation between an abuser’s actions and their ability to carry out their role as a parent. It would seem entirely logical to most people that if someone is of a mind to abuse, threaten, undermine, rape and control their partner, their ability to care appropriately for their children would come into question. That is not always the case, however, and the notion that a court would decree that contact with a parent who has demonstrated their capacity for violence is more important than the safety of that child terrifies me. I have had testimony sent to me by Women Against Rape in that respect, which in the interests of time I will post on Twitter later.

The prospect of having to deal regularly with an abusive ex-partner is incredibly daunting. Scottish Women’s Aid has said to me that the court process

“denies women and children their right to be protected and recover from abuse. The processes and decisions in our…courts are guilty of re-victimisation.”

This issue of re-victimisation is very important and needs to be looked at right across government—right across the practices we have. Concentrix was mentioned earlier, and the fact that it puts people in a position where they are being re-victimised. Benefits tribunals can put people in that situation, too, where their experiences are called into question. The Department for Work and Pensions is in that position as well. I will mention here, as I have mentioned many times before, the issue of universal credit and household payments. I will also mention the two-child policy and the rape clause. That a Government Minister, Lord Freud, could tell me in a meeting that he thought women suffering from domestic abuse should just flee is deeply worrying, and the Government need to reflect right across government on how we value women and children and how we make sure they are protected in every aspect of their lives.

The views of children must be taken into account, too, because they experience the trauma of domestic abuse and can carry that through their whole lives. Their voices are not always heard as they should be. A new project, Power Up; Power Down, is currently under way with Scotland’s Commissioner for Children and Young People in partnership with Scottish Women’s Aid. Looking at this in that way has the potential to change how court processes are carried out, to allow young people’s voices to be heard, and to allow them the chance to determine what would make them feel safest, and what their needs and desires actually are. They do not want to be put in a position where they are in fear of their lives, and where they worry about the impact on their mother of their going to visit an abusive parent.

Finally, I would like to read from a card from the Recounting Women project, which Scottish Women’s Aid and other women’s aid agencies in Scotland have carried out. It is a participatory photo-voice project allowing women to share their personal experiences of domestic abuse and it is available online as well:

“This is the Sheriff Court where I experienced so much injustice, including unsupervised visits and Bar Reports that weren’t fair for me and my children. How much abuse can a father do to a child that puts his children out on the street, changes the locks, puts their clothes outside in bin bags. Then they force the children to see their dad while I'm trying to help them forget the trauma.”

I ask Ministers to reflect on this, and for us all to reflect right across government on how we can help women and children to be safe.