Domestic Abuse Bill

Angela Smith Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Angela Smith (Penistone and Stocksbridge) (LD)]

I am pleased to follow the hon. Member for East Worthing and Shoreham (Tim Loughton), who concentrated on and spoke eloquently about the impact of domestic abuse on children. I, too, want to concentrate on putting children first and will focus my remarks on how domestic abuse is considered in the family courts.

Members will recall the debate I secured on this issue in September 2016. In my speech I referred specifically to a tragedy suffered by my constituent Claire Throssell as a way of illustrating as powerfully as I could the need for reform. Claire is with us today, sitting in the Under-Gallery, and I welcome her to the debate. I make no apology for recounting again in this Chamber her account of what happened on that dreadful day when her boys were murdered at the hands of their own father. I only wish the hon. Member for Shipley (Philip Davies) was in his place to listen.

“It took just 15 minutes on the 22nd October, 2014, for my life and heart to be broken completely beyond repair. I had warned those involved with my case that my happy, funny boys would be killed by their own father; I was right.

My boys were both with their father on that October day, and at around 6.30pm he enticed Paul, nine, and Jack, 12, up to the attic, with the promise of trains and track to build a model railway. When the boys were in the attic, he lit 16 separate fires around the house, which he had barricaded, so my sons could not get out and the firemen could not get in.

Only 15 minutes later…the doorbell rang at my mum’s. (We were staying there temporarily after the separation.)

‘It’s the boys, they must be early,’ my mum said—but I knew that wasn’t right. The boys would have run into the house and straight into my arms; they always did after a visit to their dad. They were frightened of him—he was a perpetrator of domestic abuse. The statutory agencies involved in our case knew this.

I opened the door. Blue lights were flashing.

‘There's been an incident at your former home; the boys have been involved in a fire…’

Running into the hospital, the first thing I saw was Paul receiving CPR. A doctor, drenched in sweat and exhausted, told me they were withdrawing treatment.

I held Paul in my arms. I begged him to try, to stay, to not leave me.

He looked at me, smiled, and the life left his beautiful blue eyes. His hair was wet with my tears as I kissed his nose. Then Paul, my boy, was taken out of my arms and into another room. There was no further chance of touching him; his little body was now part of a serious crime enquiry.”

I can never read those words or hear them—and I know the Minister feels the same, because she has sat with me and listened to Claire—without feeling the enormous loss Claire has suffered. But Claire is brave. She has chosen not to turn in on herself but rather to embrace love as a means of dealing with her tragedy. She has chosen to protect all children, if she possibly can, by making sure that the law is changed.

By that I mean reform of the family courts. We need access to special measures in those courts to separate survivors from the perpetrators, as well as special protection rooms, entrances and exits, and screens and video links. Clause 53, in part 1, provides for that to apply in the criminal courts, but we need to amend the Bill to ensure that it is extended to the civil and family courts.

[Jess Phillips]

Does the hon. Lady agree—and Claire’s case speaks to this more loudly than almost any that I have ever heard—that the presumption of access by an abusive parent has to end?

[Angela Smith]

I completely agree. Indeed, I was about to say exactly that.

We need to extend the ban on cross-examination by perpetrators to the family courts, because the Bill does not do that at present, and, more than anything else, we need to change the culture of the family courts. Claire’s children died after their father won the right to unsupervised contact. The domestic abuse that she had suffered from Darren Sykes was not taken seriously by any agency, or by the courts themselves. It was assumed that his children would be safe in his care. The judge who made that judgment is still practising in the family courts in Barnsley.

The research on this indicates clearly that a man who abuses his wife or his partner is more likely to abuse his children. We therefore need to end the assumption of contact when there is a risk to a child from domestic abuse, as called for by Claire and by Women’s Aid, and we need a ban on unsupervised contact when a father is awaiting trial, or is on bail, for domestic abuse offences. The Bill, as it stands, does not deliver such a provision. We also need to ensure that the definition of domestic abuse in the Bill includes coercive control as a source of harm to children. That point has been made by many other Members today.

The Bill needs to be amended along those lines if it is to be fit for purpose. That is the legacy that Claire has campaigned for—a positive legacy that would stand as a tribute to her children—and, in the name of Jack and Paul, we have a moral responsibility to secure these protections for all our children. Let us not miss this golden opportunity to secure the change that we need.

I support the Bill, but it can be better, and I hope that the Minister will agree when she sums up the debate.

Domestic Abuse Victims and Family Courts

Angela Smith Excerpts

Wednesday 18th July 2018 Westminster Hall

[Angela Smith (Penistone and Stocksbridge) (Lab)]

It is a pleasure to serve under your chairship, Ms Ryan, as my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) said. I congratulate my hon. Friend on securing the debate. At one point it looked as if I would have to step into her shoes, but I am really glad that she was able to lead the debate because under no circumstances could I have done the same job so well. She is a superb and brilliant advocate for women’s rights on this particular issue. Where would we be without her?

I welcome the new Minister to her position. I know that the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), who has responsibility for this area of policy, would very much like to have attended the debate, but cannot because she is in a Bill Committee. I also want to put on the record my thanks to her for meeting my constituent, Claire Throssell, last Thursday morning. She was deeply touched and, indeed, disturbed by what she heard—not least the catalogue of errors and the dreadful handling of Claire’s case by CAFCASS. The Minister is committed to tackling the issues. It is a difficult brief to hold because of the sensitive and emotionally stressful nature of the subject. Although I do not doubt the Government’s integrity on this matter, or their commitment, I hope that the new Minister will pick up the reins and pursue the matter with diligence and speed.

In September 2016, I led a debate in the Chamber on domestic abuse victims in family law courts. I felt compelled to do so after Claire came to me for support.

“It took just 15 minutes for my life to end and my existence to begin,”

she said about the events that unfolded on 22 October 2014. On that day, her abusive ex-partner coaxed her two boys into the loft of the marital home, saying he had a new model railway for them to play with; but there was no railway. Instead, once the children were in, he locked the door, barricaded it and lit 16 separate fires around the home. On that day, Claire lost absolutely everything. Jack and Paul, her two beautiful boys, were brutally taken from her. Her “life and heart”, in her words, were “broken completely beyond repair”. The pain caused to Claire is unimaginable, but her strength and resilience is hugely impressive:

“If I can prevent one other mum going through the pain I’ve suffered, stop them having to question whether they could have prevented their child’s death, hopefully my sons didn’t die in vain.”

Those are Claire’s words and she has continued valiantly to confront her heartbreak every day and campaign to ensure that no one else ever feels her pain.

Claire is my constituent, but all parliamentarians have a collective responsibility to prevent such a tragedy ever happening again. The terrible thing is that what happened was totally avoidable. Claire warned the courts that Darren Sykes was a threat to her children. Social services, the family courts and CAFCASS failed Claire. It is two years since her story went into the parliamentary record, and what has changed? Practice direction 12J has been revised and a new practice direction 3AA has been introduced, which will help to protect vulnerable families in family courts. The Government have committed to banning the cross-examination of survivors by their perpetrators, but so far that has is yet to be enacted, as my hon. Friend the Member for Birmingham, Yardley pointed out. We need the special measures that she talked about to be introduced. Finally, a domestic abuse Bill is on the horizon; the consultation on the White Paper is complete.

The Bill will need to be substantial, thorough and comprehensive, but it will have to show breadth in the scope of its provisions. Women’s Aid’s most recent report “What about my right not be abused?” gives a damning verdict on the treatment of domestic abuse survivors in the family courts. I encourage all Members to read it and I encourage the Minister, in particular, to meet with Women’s Aid to discuss the recommendations in the report. It covers various aspects of the family courts, but I want to focus in particular on child contact, as it was the child contact policy that took Claire’s boys from her.

The report makes it clear that the

“culture of contact at any cost”

persists—something that my hon. Friend the Member for Birmingham, Yardley pointed out earlier. There are several accounts of contact centre workers persuading terrified children to go and meet their fathers. One woman talks of a centre considering putting her daughter in a room and allowing her father to “ambush” her unexpectedly; those were their words, not mine. One woman said:

“They’ve taken away safety from my child and I pray nothing will ever happen. If it does I will always feel guilty but in the end there is nothing else I can do”.

That is exactly what Claire has set out to change. She wants our family courts to put children first, and to recognise that a man who abuses a wife or partner is more likely than other men to abuse his children. Those accounts and many others paint a picture of a court system that does not protect women and children, but rather perpetuates abuse, makes vulnerable people feel intimidated and puts the lives and safety of women and children at risk.

With those considerations in mind, I want to ask the Minister directly to outline the scope of the domestic abuse Bill and the accompanying measures. Those measures will be very important—particularly, I hope, in relation to CAFCASS. Will she confirm that reform of the family courts is on the agenda? The distinction between criminal and family courts in this context seems totally arbitrary; it certainly is for survivors of domestic abuse. Will the Minister outline the timetable for ending cross-examination of domestic abuse survivors by their perpetrators as, again, my hon. Friend the Member for Birmingham, Yardley has already asked?

So far two legislative opportunities have been missed. We cannot afford to delay any further. Will the Minister ensure that no parent who is awaiting trial, on bail, or facing ongoing criminal proceedings for domestic abuse will receive unsupervised contact with a child? Will she also set up a clear mechanism so that inappropriate referrals to contact centres can be challenged? There are many more questions I would like to ask, but I must begin wrapping up. It is clear from the report that the family court system as a whole is not fit for purpose. Will the Minister consider running an independent inquiry into the handling of domestic abuse by the family courts? It is clear to me that a root-and-branch policy review is needed.

I remind Members again of the 2016 debate. I said then that it showed the House “at its finest”. We agreed on the need to take action and broadly accepted the course that needed to be taken. However, I also said that

“all of this means nothing until we see effective change.”—[Official Report, 15 September 2016; Vol. 614, c. 1119.]

Here we are, two years on, and Claire is still campaigning. Her two boys are yet to see justice. Claire has been a great teacher for me and a true inspiration. She possesses a deep spirituality that has enabled her to refuse the temptation to pursue a path of vengeance and hate. She has chosen instead to believe that love can triumph over hate and that good can triumph over evil. In doing that she has taken with her the whole community where she lives in Penistone, as well as, I believe, the whole parliamentary community. Claire has taken us all by the hand and enabled us to believe that we can be better, that our society can be better, and that her sons’ deaths need not be in vain. We cannot afford to delay longer; to delay is to put lives at risk. With Jack and Paul in mind, I ask the Minister: please act quickly.

Oral Answers to Questions

Angela Smith Excerpts

Tuesday 5th December 2017 Commons Chamber

[Dominic Raab]

In 2017-18, the Ministry of Justice allocated around £7 million as a contribution to 97 rape support centres across England and Wales to provide independent specialist support. In the same year, we allocated £68 million to police and crime commissioners. The hon. Gentleman raised an important aspect of the support, which remains available to victims after as well as before the conclusion of a trial, regardless of the verdict.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

The Minister just said that legislation relating to this matter was outlined in the Queen’s Speech. We are particularly concerned about domestic violence victims in the family courts. When will that legislation be introduced on the Floor of the House?

[Dominic Raab]

The announcement was made in the Queen’s Speech. We are looking at the parliamentary timetable and we will be able to say something about that shortly.

European Union (Withdrawal) Bill

Angela Smith Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Frank Field]

That was a good intervention. My new clause decides on British time when to leave, whereas the Government’s amendments are at the beckoning of Europeans. We have a very clear choice. I will willingly take interventions that are trying to trip me up in making this short contribution.

I fought the referendum campaign, as much as I could, as a reluctant Brexiteer. On balance, I thought that our country’s future would increasingly thrive outside rather than inside the European Union. I have always wanted to make a deal, although it is immensely sensible, in any negotiations, to make sure that the other side knows that one may be banking on and planning for no deal.

The next factor—I will touch on this again when we think of what the House of Lords might do to a Bill of this size—is that it has been very difficult for most of us to come to terms with what our role has been as MPs in a representative democracy, and with how we digest the fact that a referendum has taken place and the British people have spoken. How do we react in those circumstances, which I believe are unique and in no way comparable with any other parliamentary procedure that we deal with in this House?

As I said at the beginning, before I was helpfully interrupted, this new clause stands with three other new clauses. Together they present the Government with a clean, small, slimline Brexit Bill. By the time we get to the end of this process, they will thank the Lord that this life raft is in the Bill and they are able to get on it. In the new clause, we decide on the date—by British time, not European time—when we actually leave. That is our choice. It is about the beginnings of the freedom that we hope will flow—with difficulties, of course—from setting us on the course of leaving the European Union.

The second new clause simply ensures that all the laws and regulations come on to our statute book at that point in time—British time, not European time.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Will my right hon. Friend give way?

[Frank Field]

Can I just finish this point, and then I will willingly give way?

The third new clause is on how Parliament reviews those laws—those we wish to keep fully, those we wish to amend, those we wish to add to, and those we wish to kick out. It says that this House will decide how that process is done. I am sure that before we have finished our debate on this Bill in Committee, the Government will be agreeing with me on that. The Henry VIII stuff is an absurd way of going about this business, although as we get down to the mega-task of reviewing this, we may beg the Government for a touch of Henry VIII to get through a task of the size that will be before us.

Finally, given that we have real difficulties in completing a negotiation—

[Angela Smith]

Will my right hon. Friend give way?

[Frank Field]

I said that I would give way as soon as I had finished explaining the new clause and the three new clauses attached to it. Finally, we need a safe haven. Speaking of which, I give way to my hon. Friend.

[Angela Smith]

Will my right hon. Friend not concede that an arbitrary date for Brexit could risk damaging the British economy if clear evidence emerges, as it already is, that hurrying Brexit may badly damage our manufacturing sector, our agricultural sector and our financial services sector?

[Frank Field]

I am supported by people whose constituents largely agree with my views, not theirs. How they deal with that is not my problem. I agree that it is a difficult problem, but that does not mean to say that one should have any particular solution to it. Generally speaking, the larger the majority, the more clearly Labour voters spoke about Brexit. [Interruption.] No, that is absolutely true. I will deal with my hon. Friend’s point in a moment, but it comes down to who we think we are dealing with. Are we playing a game of cricket, or have we got people who are trying—

[Angela Smith]

It is not a game!

[Frank Field]

I am just saying that—I am saying that we will be fighting for our lives, as I will set out if I ever get on to explaining the new clause fully.

European Union (Withdrawal) Bill

Angela Smith Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

[Angela Smith (Penistone and Stocksbridge) (Lab)]

The Bill represents not just a step along the way towards departure from the European Union, but an unacceptable attempt by the Government to strengthen their hand when it comes to exercising legislative power—and this at a time when the general belief is that we should be going in the opposite direction, in effect giving a bigger role to Parliament.

Only three years ago, the Hansard Society published its robust critique of the system in its report, “The Devil is in the Detail”, yet this Bill confers a breathtaking range of delegated powers on Ministers. For example, the Bill, if given Royal Assent unamended, will give Ministers the power to start implementing the withdrawal agreement before this House has even had a chance to debate and vote on it. The Bill will also allow for its own amendment under delegated powers. There are instances, of course, of that happening in the past, but this is different, because the power is drawn so broadly that it could be used to amend all parts of the Act. The Bill also allows for the amendment, under delegated powers, of primary legislation already on the statute book.

Surely, if the Government were genuinely committed to a smooth Brexit that restored total sovereignty to Westminster, they would not have taken such a cavalier approach to this critically important piece of legislation. One can only conclude that the incorporation of significant delegated powers in the Bill, combined with the scope for extensive use of statutory instruments under the negative procedure, demonstrates that the Government are running scared of parliamentary democracy; or rather, that they are so arrogant that they believe that they can impose their will regardless of the opinion of the House.

I would go further and argue that the Government’s approach to the Bill threatens a chaotic Brexit, because they refuse to recognise that their use of delegated powers in the Bill pushes our democracy beyond breaking point. That attitude threatens nothing but discord if the Bill goes on the statute book unamended, and in that context, it will do little to deliver a smooth Brexit. Let me be clear: I accept that an efficient and businesslike approach is needed if we are to prepare ourselves successfully for exit from the European Union, but the Government seem incapable of accepting that this approach can be secured while according Parliament its proper and democratic role in scrutinising the powers in the Bill, and the statutory instruments that will emerge over time if it gains Royal Assent.

The Hansard Society has shown us the way, providing us with a framework for scrutiny that removes unnecessary and time-consuming procedures for uncontested SIs, while giving the Commons a more meaningful voice in the process leading to the enactment of the more complex and challenging instruments. I hope that the Government will change their mind; there is a way forward on the table. I hope that those on the Government Front Bench will indicate today that they are prepared to amend the Bill in Committee to allow for meaningful reform of the way in which Parliament scrutinises delegated powers and their use by Ministers, but so far we have had only a weak indication from the Government that they will bend on this all-important principle, and that is just not good enough. That is why I will vote against Second Reading tonight unless things change during the debate.

If I do vote against Second Reading tonight, it is not because I am voting against Brexit. That would be a huge misrepresentation of the nature of this debate and the nature of the decisions involved if we agree to Second Reading. Rather, I will be voting against a Brexit badly handled, which threatens to weaken further our long-established and hard-won democratic traditions.

Domestic Violence Victims: Cross-Examination

Angela Smith Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

I can certainly give the assurance I have already given, which is that we are tackling this as a matter of urgency. The hon. Gentleman will be aware that there is a busy legislative timetable with all sorts of matters to do with Europe and the like, and we will have to see what exactly can be achieved in terms of the legislative timetable, but I want to tackle this urgently.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

On behalf of my constituent Claire Throssell, whose two children were murdered by her ex-husband, I welcome this review, but in the debate in September that I co-sponsored, the Under-Secretary at the Minister’s side, the hon. Member for Bracknell (Dr Lee), made a clear commitment to overhauling the culture of the family courts and in particular to a review of practice direction 12. Are the Government still committed to that broader set of changes, which we so urgently need?

[Sir Oliver Heald]

I pay tribute to the work that the hon. Lady has done on this issue. I chair the Family Justice Board with the Minister for Vulnerable Children and Families. We are committed to improving the overall way in which the courts work and are in the process of introducing a new practice direction in the area of victims. This is certainly a point we are very much alive to.

Animal Cruelty: Sentencing

Angela Smith Excerpts

Tuesday 8th November 2016 Westminster Hall

[Angela Smith (Penistone and Stocksbridge) (Lab)]

I apologise for my ever so slightly late arrival, Mr Hollobone. It is a pleasure to serve under your chairmanship in this important debate. I congratulate my hon. Friend the Member for Redcar (Anna Turley) on securing it. She is otherwise known nowadays as Detective Turley—but that is another matter.

I pay tribute to the animal welfare charities that have worked tirelessly to raise the profile of the seriousness of animal cruelty in this country: Dogs Trust, Battersea Dogs and Cats Home, Blue Cross, Cats Protection—not often mentioned in this context—and the Royal Society for the Prevention of Cruelty to Animals. I think that every Member who has spoken has outlined articulately that it is cruel and unacceptable in a civilised society that people should be able to get away with behaviour such as we are discussing. The briefing prepared by Battersea Dogs and Cats Home for the debate points out that a 2005 report observed that

“between 71% and 83% of women entering domestic violence shelters reported that their partners also abused or killed the family pet.”

I do not think that will surprise anyone in the room, and it further illustrates some of the points that have been made.

The change in the law demanded by my hon. Friend the Member for Redcar is long overdue. The Animal Welfare Act 2006 made a provision for increased sentencing, but it has never been implemented. We need to see it implemented now, and at the level recommended by hon. Members today—with a five-year maximum sentence for animal cruelty of the severest kind. That would send out a message that animal cruelty will not be tolerated in our society.

We like to think of ourselves as a country that is at the forefront of best practice when it comes to animal welfare—that we love our animals—but I am ashamed to say that we are way behind. Let us get in line with practice in Northern Ireland. The powerful contribution made by the hon. Member for North Antrim (Ian Paisley) was really helpful because it illustrated another point: not only must we increase sentencing to the maximum available in Northern Ireland, but we need to remember that cultural change is required in our courts. The courts need to understand that implementation of the harsher sentencing guidelines will be required to make the change effective.

[Robert Flello]

Does my hon. Friend also think that it is important to send out a message about police animals? Police dogs are often attacked and sentencing is not appropriate, nor even is the definition of the offence. That needs to be looked at as well.

[Angela Smith]

I completely agree with my hon. Friend, and with others who have pointed out that a register of abusers would be an effective way forward. All those things are important.

I want to finish with a comment about the RSPCA. My hon. Friend the Member for Redcar described brilliantly the work that the charity does, pointing to the statistics relating to its investigative work and its work to bring abusers to court and secure convictions. The RSPCA is the oldest animal welfare charity in the country, and no other charity does what it does. It is rooted in our history of tackling animal welfare abuse. It has a very good reputation and it has the expertise and experience not just to deliver the investigative work that we need to enforce the Animal Welfare Act effectively but the carry out the prosecuting aspects of its work. We need to think carefully, therefore, about the RSPCA’s role. In general, we need to support the charity and its continued work in bringing animal abusers to justice. Those who would attack the RSPCA’s role need to think carefully about the impact of what they are arguing for.

[Mr Philip Hollobone (in the Chair)]

We now come to the first of the speeches by the Front-Bench spokespersons. The guidelines are five minutes for the Scottish National party, five minutes for Her Majesty’s Opposition and 10 minutes for the Minister.

--- Later in debate ---

[Mr Gyimah]

Not at all. On the contrary, what I was saying is that any change in sentencing in one part of the law has to be made consistent across the entire criminal justice system. If there were a sentence of five years, we would need to look at other offences of a similar nature that have a five-year sentence to make sure that there is consistency. My point is about consistency in criminal law rather than about distinguishing between one form of cruelty and another.

The Government recognise that maximum penalties should be set to allow the courts to respond appropriately to the full range of cases that they are likely to face—my hon. Friend the Member for Tiverton and Honiton made that point. It is worth looking at some data. In 2015, 614 people were sentenced for the offence of causing, permitting or failing to prevent unnecessary suffering to an animal. The average custodial sentence was nearly three and a half months. If judges are not going up to the maximum six months, there is a question whether the issue is with the maximum sentence length or the courts are finding the current sentencing powers inadequate or restrictive in dealing with those cases. We have to look at that.

The maximum penalty for animal cruelty offences is under review. I assure the hon. Member for Redcar that we are also looking at that very closely in the context of broader criminal law. We do not want to create anomalies with other criminal offences. It is worth bearing in mind that the offence of common assault also has a maximum penalty of six months. In other words, if we were going to make a change here, we would have to look at the area of common assault as well.

It would be contrary to our system of justice simply to impose the maximum penalty, regardless of the circumstances, for any offence. Making all sentences the same would remove the courts’ ability to single out and highlight the more serious cases with more serious sentences. In short, prescribing sentences in that way could lead to injustices that we would want to avoid.

The sentencing guidelines for animal cruelty offences are issued by the independent Sentencing Council, as the House is aware. The council has recently consulted on revised guidelines for sentencing in the magistrates courts, which includes animal cruelty offences. The revised guidelines are designed to highlight the aggravating factors that are particular to those offences. That will assist magistrates in identifying the most serious cases that will in turn deserve longer sentences. Throughout the development of the guidelines, the council worked closely with the RSPCA and is now reviewing consultation responses and developing definitive new guidelines, which it intends to implement in May next year.

A point was made about a register for animal abusers, to prevent them from obtaining animals in the first place. DEFRA has no plans to introduce an animal abusers register. I do not consider it appropriate or necessarily proportionate, because we would then expect pet vendors and animal rehoming centres to check the details of all prospective animal owners. That would be quite an onerous approach.

[Angela Smith]

I think that issue is worthy of further investigation. The Minister may find that animal welfare charities and rehoming centres would welcome such an initiative and would not find it an unnecessary burden.

[Mr Gyimah]

I thank the hon. Lady for that point. I have tried to stress that the Government are in listening mode on a number of proposals, but that is why there is not a register—we see that it is actually quite difficult in practice to check everyone who wants to rehome an animal. The point that was made about going on Gumtree and buying a pet is relevant here, and we will look at that as well.

Domestic Abuse Victims in Family Law Courts

Angela Smith Excerpts

Thursday 15th September 2016 Commons Chamber

[Angela Smith (Penistone and Stocksbridge) (Lab)]

I beg to move,

That this House notes the Women’s Aid report entitled Nineteen Child Homicides, published in January 2016; and calls on the Government to review the treatment and experiences of victims of domestic abuse in family law courts.

Let me make it clear at the beginning that I will take only two interventions at most, because this debate is heavily subscribed and I want people to have time to speak. The debate today is not really about courts, laws and statutory agencies; it is about children—or, rather, it is about children whose mothers have been subject to domestic abuse and who themselves have become victims of violent and coercive fathers. This debate, in particular, is about the 19 children who have died at the hands of their fathers over the past 10 years, all of whom had access to their children through formal or informal child contact arrangements. So with the good will of the House, I want to dedicate the first part of my speech to telling the story of Claire Throssell, my constituent:

“It took just 15 minutes on the 22nd October, 2014, for my life and heart to be broken completely beyond repair. I had warned those involved with my case that my happy, funny boys would be killed by their own father; I was right.

My boys were both with their father on that October day, and at around 6.30pm he enticed Paul, nine, and Jack, 12, up to the attic, with the promise of trains and track to build a model railway. When the boys were in the attic, he lit 16 separate fires around the house, which he had barricaded, so my sons could not get out and the firemen could not get in.

Only 15 minutes later…the doorbell rang at my mum’s. (We were staying there temporarily after the separation.)

‘It’s the boys, they must be early,’ my mum said—but I knew that wasn’t right. The boys would have run into the house and straight into my arms; they always did after a visit to their dad. They were frightened of him—he was a perpetrator of domestic abuse. The statutory agencies involved in our case knew this.

I opened the door. Blue lights were flashing.

‘There's been an incident at your former home; the boys have been involved in a fire…

Running into the hospital, the first thing I saw was Paul receiving CPR. A doctor, drenched in sweat and exhausted, told me they were withdrawing treatment.

I held Paul in my arms. I begged him to try, to stay, to not leave me.

He looked at me, smiled, and the life left his beautiful blue eyes. His hair was wet with my tears as I kissed his nose. Then Paul, my boy, was taken out of my arms and into another room. There was no further chance of touching him; his little body was now part of a serious crime enquiry.

Detectives arrived and informed me that my former husband was responsible for the fire, and that he’d also died. All this time I wasn’t allowed to see Jack, as they were still fighting to save him. Thankfully, he never knew that Paul had died. He’d tried to save his little brother.

The police later disclosed that Jack was still conscious when carried out of the fire and told them: ‘My dad did this and he did it on purpose.’ This was taken as his dying testimony.

Jack clung to life for five days but his battle was too big for him to fight. His body had suffered 56% burns. On the 27th October, he too died in my arms after suffering a cardiac arrest due to his horrific injuries.”

That is Claire’s story—it is tragic and heartbreaking, utterly heartbreaking. But I wanted that story on the parliamentary record—and now, thank God, it is—because it is the testimony of these stories, heard here in this Chamber, that will in the end engineer the changes we need to see to make sure that Claire’s story does not become another mother’s story. Before I move on to highlight what changes are required, I want to pay tribute to Claire. In my 12 years as an MP, I have never been asked to intervene in a case like this. No other case I have been presented with has touched me like this. No other constituent has impressed me so much with her bravery and her determination to secure something positive out of something so dreadful.

I want to pay tribute, too, to the people of Penistone, who responded magnificently to Claire’s tragedy. Claire’s husband cancelled the insurance on the property before he set it on fire. He also did other things, which I will not go into, that effectively left her penniless and without a home. The people of Penistone, led by our wonderful vicar at St John’s church, rallied round, raising money to buy somewhere for Claire to live and pulling together, in DIY SOS style, to make her new house into a home. In black, dreadful times such things matter, and I am incredibly proud of the people I represent in this close-knit, warm-hearted community.

Let me move on to the changes that are critical if we are to ensure that this never happens again, and to what we need to do to secure Claire’s legacy and the legacy of her children, Paul and Jack. The Women’s Aid report “Nineteen Child Homicides” was published earlier this year in response to the failure of the family courts to embed in their practice a culture of putting children first.

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

On that point, there should be an urgent review of family courts, because, very often, people who are giving evidence are not protected; they are actually facing their abuser. More importantly in relation to family courts, my constituent, a victim of domestic abuse, was in hospital. The abuser got custody of her children, as she was not represented in the courts. That is one reason why I say that we need an urgent review of family court practices.

[Angela Smith]

I completely agree with my hon. Friend. All of that is despite the fact that, in 2004, a legal framework and the accompanying guidance was produced to ensure that there was protection. That legal framework itself was a response to an earlier report by Women’s Aid “Twenty-nine child homicides”. At its heart was a recognition that the courts needed to develop a new culture of putting children first. The accompanying practice direction 12 requires courts to ensure that, where domestic abuse has occurred, any child arrangements ordered protect the safety and well-being of the child and the parent with care, and are in the best interests of the child.

In addition, in 2015, a new criminal offence of controlling or coercive behaviour in an intimate or family relationship was introduced and practice 12 was amended to reflect this wider definition of domestic abuse—two developments that are potentially big steps forward.

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

My hon. Friend is making an incredibly powerful speech. I have been struck by a number of constituents and by other people whom I have met through my work in the House who have said that, as victims, when they have gone into the courts, including family courts, they have felt that they have not been believed and that those involved in the judiciary do not fully understand the patterns of domestic abuse and what to believe and who to believe in the courts. Does she agree that an important part of this is the training of the judiciary and the updating of the training to reflect changes in the law?

[Angela Smith]

I completely agree with my hon. Friend.

I wish now to ask a few questions. What exactly are the failures of the family courts, given the legislative tools at their disposal? Why is it proving so difficult for the family courts to tackle this issue? Why is it so hard to put children first? I suggest that there are two major reasons. First, there is the ongoing assumption that men who are abusive towards women can nevertheless still be good fathers. That belief—that myth—is unbelievably enduring and flies in the face of the available evidence. Research indicates that there are many serious, negative impacts on children arising from domestic abuse, including children becoming aggressive or, conversely, over compliant. They can become withdrawn, anxious and fearful. One study also found that more than 34% of under-18s who had lived with domestic violence had also been abused or neglected by a parent or guardian. I do not see why that should surprise anybody. Surely, this outdated, discredited way of thinking has no place in our family courts. Surely, given the ongoing incidence of violence against children and the frequent link with domestic abuse, we need effectively to eradicate this cultural legacy from our family courts.

Secondly, there is an ongoing failure on the part of the statutory agencies and the family court judiciary to understand that domestic abuse frequently involves coercive control; abuse is about power and control. That is why it is not surprising that fathers who beat up women can also abuse children.

Physical injury is not the only manifestation of abuse and it is in that context that the courts themselves can become a tool in the armoury of a controlling abuser. In other words, when separation occurs and a woman removes herself and her children from an intolerable situation, the abusive parent frequently uses family court proceedings as a means of continuing his attempt to control and coerce.

This brings me back to Claire’s story. Her abuser exercised the ultimate control over her. Not only did he drag her to the family court for unsupervised access to his children, he went on to murder her children. In doing that, he has, with one awful, heartbreaking criminal act, exercised control over Claire for the rest of her life. That should give us pause for thought. Never again will Claire’s life be the same, as her two boys have gone. We all feel her pain, and we have a duty to act.

That is why I have worked with Women’s Aid and other MPs to secure this debate today. I pay tribute to Women’s Aid and the all-party group on domestic violence, which have produced reports that reflect on what needs to be done. I do not have time to go through their recommendations in detail. Suffice it to say that they relate to measures designed to put children first, to implement properly the legal framework and Practice 12, including the professional training of court staff and the judiciary as my hon. Friend the Member for Feltham and Heston (Seema Malhotra) mentioned, and to put in place independent national oversight of the implementation of Practice 12. They also include practical measures, such as dedicated, safe waiting rooms for vulnerable witnesses and separate entrance and exit times.

Of course we all want to see reform of the Government’s legal aid changes to ensure that representation in the family courts is adequate and sufficient to avoid the current situation, which sees abused women cross-examined by their abusers. I know that the Minister, who has written to me separately, has indicated that the president of the family division has asked Mr Justice Cobb to review practice direction 12 to see whether amendments are needed, but we need more than that. The public needs more than that, as is indicated by the 38 Degrees petition, which has now been signed by more than 33,000 people. We need to see: the Ministry of Justice take action to ensure that the legal framework is properly implemented; practical changes to the ways the courts work; resources dedicated to ensuring the professional training of court staff and the judiciary; and the Government indicating that they will do all that is necessary to improve the relationships and the information sharing between statutory agencies and between those agencies and the family courts. There was a huge delay in the cases of Claire, Jack and Paul.

Above all else, for Claire’s sake and for the sake of all vulnerable women, we need the Government to send out a very clear message. By agreeing to act on today’s motion, the Government would be sending out a clear message that domestic abuse will be tackled, that it will be dealt with in all its forms, and that we will not allow our children to be harmed by it.

Jack and Paul must never be forgotten. Claire wanted their names to be used in the serious case review, but the authorities refused, preferring to refer to them as P2. Jack and Paul were not P2; they were two dearly loved boys whose lives were snatched away from them by a violent father. Let us make sure today that Jack and Paul will never be forgotten. Let us support the motion on the Order Paper.

[Several hon. Members rose—]

--- Later in debate ---

[Angela Smith]

I thank the Backbench Business Committee for having given us this very important debate, which I think has shown the House at its finest. We have heard not only the arguments, but the stories and the voices that needed to be heard. Claire is here today, and I know how much this means to her, but all of this means nothing until we see effective change.

The extent of the challenge was made clear to me this afternoon by a rather unpleasant tweet sent to my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) and me in response to my hon. Friend’s comments about the high quality of the debate; it said:

“man-hating at its finest…well done”.

If that does not spur us on to make the changes necessary to put children first in our family courts, nothing will.

I thank the Minister for his thoughtful and considered response, but I urge him to act as quickly as is reasonably possible to make the changes that we know are necessary to stop children dying at the hands of their father.

Question put and agreed to.

Resolved,

That this House notes the Women’s Aid report entitled Nineteen Child Homicides, published in January 2016; and calls on the Government to review the treatment and experiences of victims of domestic abuse in family law courts.

[Ann Clwyd (Cynon Valley) (Lab)]

On a point of order, Mr Deputy Speaker. About an hour ago the Foreign Affairs Committee, of which I am a member, published a report on the use of UK-manufactured arms in Yemen, accompanied by a press release.

As a member of the press I know that very often, to save time, one reads the press release, not the report. I would be grateful for your advice, Mr Deputy Speaker. I want to make it clear that there was a majority report and a minority report. The minority report was tabled by myself and the hon. Member for North East Fife (Stephen Gethins). Nowhere in the press release is the minority report mentioned.

I think it is very misleading to put out a press release which suggests that the report is supported by all the members of the Foreign Affairs Committee. We specifically supported the reports from the Business, Innovation and Skills Committee and the Department for International Development. That is included in the report, and we say quite clearly that the arms export licensing regime has not worked, and we recommend that the UK suspend licences for arms exports to Saudi Arabia that are capable of being used in Yemen, pending the results of an independent United Nations-led inquiry into reports of violations of international humanitarian law, and that the UK issues no further licences. That should have been included in the press release.

Anti-social Behaviour, Crime and Policing Bill

Angela Smith Excerpts

Tuesday 15th October 2013 Commons Chamber

Finally, I seek the Minister’s assurance that he will look long and hard at the new clauses and amendments on written notices, take on board Members’ comments and consider the position.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

We have all heard the tragic tales of those who have been injured or even killed by dogs that are out of control, and the issue is of growing concern to the public. I am therefore glad at least to see that the Government are prepared to do something to tackle the problem.

The cases that have stuck out in the debate that has taken place over the past few years relate to children such as John Paul Massey, from Liverpool, who died three or four years ago; the girl from Chingford who was in the park and nearly lost part of her ear because of an attack by a dog that was running free, unrestrained by its owner; and Jade Anderson, who died recently and about whom we have heard today. There was also the case of Keith Davies, the postman in Cambridgeshire who was attacked in a cul-de-sac by two rottweilers that had escaped from behind the gates of a private residence, and who nearly lost an arm. It was saved only through the skilful intervention of surgeons. Paul Coleman, the Sheffield postman who got me involved in this campaign, nearly lost his leg as a result of an attack on the street where I used to live by a dog that was roaming free on the public highway.

All those cases indicate to me that enough is enough. We spend £9.5 million a year on NHS costs alone to deal with the injuries inflicted on human beings by dogs that are out of control, and that is before considering the costs incurred by the police and other bodies in dealing with the issue. Any progress, however slight, is therefore welcome. I particularly welcome the Government’s decision to extend the law to private property. The onus will now be on owners to exercise responsible control of their dogs at all times, which will be welcomed not just by postal workers but by other delivery workers, health visitors, doctors, party members canvassing at election times and a whole range of other people. That really important safeguard will be more than welcome, because 6,000 postal workers a year alone are injured as a result of attacks on private property.

I believe that a strengthening of the defence must be built into the proposed legislation. The Bill currently includes the defence of general household protection, but amendment 142 would strengthen the defences given to householders who do their utmost to ensure they keep their dogs under reasonable control. It is my contention, and that of bodies such as the RSPCA, that the current defence does not do enough to protect householders who do their best to keep their dogs under control at all times. We can never legislate for all possibilities, and it is important that we include the best possible defences in the Bill to ensure that householders do not, for example, adopt the habit of keeping dogs imprisoned in the house for most of the day because they have visitors. That would be unreasonable, but the Bill as currently drafted could make dog owners feel vulnerable to the proposed legislation, and therefore adopt those unfortunate welfare standards. Amendment 142 is reasonable and I hope the Minister will take it seriously.

My general point about the content of the Bill is that we need more than currently exists. What we do have is not necessarily best designed and in many ways is inadequate for encouraging responsible dog ownership and improving the welfare of dogs more generally. We need not only consolidation of the legislation but a comprehensive look at what measures we need for dog control. That position is supported by a grand coalition of charities and trade unions, including the RSPCA, the Dogs Trust, the Blue Cross, and Battersea Dogs and Cats Home. The Dogs Trust pointed out that 12 pieces of legislation in statute deal with dog control, but little emphasis is placed on the prevention of attacks and there is little focus on responsible dog ownership.

We need legislation that deals with dog ownership in the broadest possible sense, which is why I am working with animal welfare charities on a strategy to take a long-term look at what needs to be done, and at how charities work together to improve welfare standards and responsible dog ownership. Once finalised, legislation will inevitably be part of that strategy, focusing not only on dog control by the dog owner but on the breeding and sale of dogs, and the responsibility of all involved in dog welfare, including dog owners.

The Bill does not tackle that issue holistically or comprehensively, and along with animal welfare charities I remain disappointed that we have not had a dedicated Bill to update the legislation. Community protection notices are a blunt and unwieldy measure, not suited to the task of tackling irresponsible dog ownership. As indicated by the changes in new clause 17, the Bill contains no power to issue notices instantly so as to get on top of a dog that is potentially dangerous or out of control as soon as the situation occurs. In some cases, inevitably, the authorities will wait until an attack has been committed before issuing a notice, because they will not feel they should intervene and go through the unwieldy procedure to get a written notice before they can make that move. I do not believe that the Bill tackles those issues. New clause 3, tabled by my hon. Friend the Member for Croydon North (Mr Reed), contains the important requirement that an owner whose dog is potentially out of control should be made to engage in training and behaviour courses related to their ownership of the dog, and in that sense the new clause is helpful.

New clause 17 provides for a bespoke community protection notice modelled on the dog control notices recommended by the Environment, Food and Rural Affairs Committee. Guidance has already been issued on community protection notices and the measures in the Bill, but so far that guidance is long and difficult to interpret, and much of the support offered is found in the annexes to the guidance, not the guidance itself. As far as animal welfare charities are concerned, there will be an issue about the interpretation of that guidance, and a risk that animal welfare standards will be compromised as a result of the way it has been drafted. The guidance has not been produced properly in consultation with animal welfare charities.

Finally—you have been patient, Mr Deputy Speaker—I will refer quickly to the new clauses that relate to section 1 of the Dangerous Dogs Act 1991. Clearly, section 1 on breed-specific legislation is not working. In a consultation run by the Department for Environment, Food and Rural Affairs on that Act and the measures before us today, 71% of those consulted thought that the breed-specific section of that Act should be repealed because it is not working. It costs a tremendous amount of money to kennel dogs seized under section 1 of the Act, with an annual cost over the past three financial years of £2.6 million for the Metropolitan police alone.

The new clauses relate to the need to ensure that a time limit is imposed on the courts regarding how long a banned-breed dog can be held before the issue of whether it should be exempt from the legislation is dealt with, to ensure that animal welfare standards are not compromised. That is critical. There should also be the power to rehome dogs that are fit for exemption but have nowhere to go. The only other choice available to animal welfare charities at the moment is euthanasia, which is not good enough. It is the deed not the breed, and I look forward to hearing the Minister’s comments on that important issue, which I know the Metropolitan police, as well as animal charities such as the RSPCA, are keen to see dealt with.

[Several hon. Members]

rose—

--- Later in debate ---

[Martin Horwood]

I am sorry, but I will not, because of the time.

Another important provision, which has not been mentioned much in the debate so far, is clause 99, which begins the necessary shift from breed to deed. It requires a court to establish whether a dog is

“a danger to public safety”,

given

“the temperament of the dog and its past behaviour”,

and to establish whether the dog’s owner is a “fit and proper person” to own a dog. I agree with the criticism by the hon. Member for Penistone and Stocksbridge of the rather strange list of obscure breeds, which I am not sure that most police forces would recognise even if they came across them. I do not know whether we will eventually abolish that list, but I certainly think it significant that the Bill is embarking on that shift towards tackling deed and behaviour rather than just breed.

I have some sympathy for the amendments tabled by the hon. Member for Bedford (Richard Fuller). They seek tougher sentencing, underlining the fact that in many instances dogs are used as lethal weapons, and that we should see that in the context of the responsibility of their owners. I also have some sympathy for the amendment tabled by the hon. Member for Stockport (Ann Coffey), as, I think, will legions of Liberal Democrat “Focus” deliverers. My constituent Councillor Rob Reid provided me with a paddle which I now use to push leaflets through letter boxes. A deliverer can take some responsible action. The paddle now bears a good many teeth marks, which could have been on my fingers. Councillor Reid made it by cutting up old “Yes to the alternative vote” campaign placards, which is probably one of the lesser but more positive outcomes of that campaign.

[Angela Smith]

Is it not true that, if we legislate specifically to require dog owners to put guards on their letter boxes, we will run the danger of neglecting the other risks that people face when they go on to private property, such as dogs running free in back gardens? Is it not the case that there are a number of possibilities in terms of dog attacks once someone passes the boundary of the gate?

[Martin Horwood]

It is important that the Government consult carefully on all these things. We do not want to intrude too much into the realm of private property and what people are allowed to do with their dogs in their property, but the point that the hon. Lady makes is well made.

I ask the Minister to consider carefully the campaign by Naturewatch, which is based in my constituency and led me to table early-day motion 412 to address the issues of irresponsible breeders and the need to regulate the advertising and selling of pets. That could be the next important step that the Government take in their rather gradualist approach to the issue. In many ways, that is one of the root causes of the phenomenon of dangerous and trophy dogs and dogs used as weapons.

For now, however, we should congratulate the Government on taking some important steps to tackle the issue. The steps we are voting on today will help to save lives. They will potentially save the lives of children like poor Jade Anderson and the lives of adults. They will certainly save the lives of pets. Those steps are overwhelmingly to be welcomed.

--- Later in debate ---

[Norman Baker]

I do recognise that. That is a good reason why it is better to have flexible, general legislation rather than specific legislation that then creates loopholes. That is what the Opposition, who are well intentioned, would do if they had their way in the construction of antisocial behaviour legislation.

[Angela Smith]

Will the Minister give way?

[Norman Baker]

I must not, because I have lots of people to try to reply to. I am sorry.

I hope that I have been able to persuade Opposition Members that the approach put forward in the new clause is already provided for in the Bill. If they were minded to press it, I would invite the House to reject it. [Interruption.]

The hon. Member for Penistone and Stocksbridge (Angela Smith), who is seeking to intervene while I am trying to respond to her points, proposes to reduce the time delay that can take place following the seizure of a suspected section 1 dog, such as a pit bull terrier, before it is examined by expert witnesses for the defence or prosecution to assess whether it is a prohibited dog. I understand her concerns about the impact that such delays can have on the welfare of dogs. That is why we are committed to bringing forward regulations next year to make it clear that when the police seize a suspected prohibited dog they will not be required to kennel it, but only in cases where they are satisfied that the situation of dog and owner do not present a risk to public safety. It is right to give the police this discretion, and that is the aim that we intend to take forward. It will be a condition of release, if release occurs, that the owner consents to the dog being muzzled and on a lead in public, as well as being microchipped and neutered before it can be released back to the owner. This is to ensure public safety and to prevent breeding from section 1 dogs. On that basis, we do not consider the hon. Lady’s new clause 29 to be necessary.

I now want to deal with the amendments eloquently presented by my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), which seek to extend the offence in section 3 of the Dangerous Dogs Act 1991 to cover incidents where a dog injures or kills a protected animal. I entirely understand and sympathise with her reason for proposing that measure. She listed some of the existing legislation, which does have an effect and can be used in certain circumstances, including the Animal Welfare Act 2006, the Animals Act 1971, the Dogs Act 1871, and the Dogs (Protection of Livestock) Act 1953. It is rather unfortunate that the Criminal Damage Act 1971 classifies animals as goods or property in this respect.

I understand the concern of people whose cat is savaged by a dog, but the way forward is to consider other solutions. Instead of more legislation, we want better education for owners, training for dogs, and increased awareness among the public and the authorities who can use the new antisocial behaviour powers to address these incidents and help to prevent them before they happen.

I draw my hon. Friend’s attention to particular resources in legislation in respect of horses, which she mentioned. The Dangerous Dogs Act would apply in a situation where a dog threatens or attacks a horse and a rider, because the rider is likely to have “reasonable apprehension” that the dog will injure them, and therefore an offence would be created. My hon. Friend also referred to the livestock issues that I mentioned earlier. We are keen to make sure that other animals are protected. However, as I said, the general nature of the legislation provides options through, for example, the injunction procedure to see whether there are other avenues that can be taken to deal with dogs that present a danger to the public and, indeed, to other animals.

On amendment 142, tabled by the hon. Member for Penistone and Stocksbridge, I regret that because of the lack of time I will have to write to her with a specific response to the point she raises.

The actions that this Government are taking in tackling dangerous dogs are absolutely right. Everybody in the House agrees that that needs to happen better than it has done in the past, and I believe the Bill will achieve that. The provisions will enable all the dreadful acts that have been taking place to be tackled in a sensible and effective way.

Policing of Violence at Hunts

Angela Smith Excerpts

Monday 11th February 2013 Commons Chamber

[Chris Williamson]

For the record, I was bound over to keep the peace after taking part in a Radio Derby broadcast to outline a protest against grouse shooting. That is very different from what the hon. Gentleman is seeking to imply.

The Bill that became the Hunting Act was long overdue. Public opinion overwhelmingly supported the ban and still does. Labour, Tory and Liberal Democrat voters support the ban; young and old citizens support the ban; male and female citizens support the ban; urban, suburban and rural dwellers all support the ban.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Has not support for the ban increased since the Hunting Act was passed during the 2001 to 2005 Parliament?