(2 years, 8 months ago)
Commons ChamberI thank my hon. Friend for those comments. The fact remains that women are entitled to single-sex spaces for their own sake; this should not just be about risk assessment and danger. We should be able to make choices about when we want to enter spaces without men present, and that should be as important as any potential risk that any man might pose.
I will focus the substance of my comments this afternoon on the criminal justice system, though, as we are talking about breaking the bias. I do so in my capacity as chair of the all-party parliamentary group on women in the penal system. Without reiterating points made by my hon. Friends, this comes back to the point that men and women are different, and our laws and—in particular—our criminal justice system need to reflect that.
We have had a real move towards gender neutrality in how we approach public service delivery and how we produce law, but standing here in a debate to commemorate International Women’s Day, I tend to view gender neutrality as just another way of centring men, because it is making us all the same, and nowhere is that more obvious than in the criminal justice system. We have a penal system built on prisons and based on the principle that we incarcerate violent, dangerous men, and that has been the approach to women. We have seen study after study that has shown that prison is not the best place for women offenders, because more often than not, women offenders are more vulnerable than their male counterparts.
Call me a pink-hearted liberal, but I tend to view our prison population as being full of people who have been failed by the state, and that is a matter of shame for me. It is particularly the case when it comes to women. We know that there are high rates of illiteracy and innumeracy among our prisoners, so how are they going to get on in life? We know that there are a huge number of people who have been through the care system and then been left on the scrapheap. In the case of women, we know that many of them are victims of sexual abuse, and in that context, prison is not the best place for them, and study after study has shown that.
Every time we make progress in this area and we start to say, “This is an opportunity for a first intervention to support women and address that vulnerability”, we then seem to go backwards. I highlight the fact that this Government have a female offenders strategy but equally are investing in 500 more prison places for women, and we need to properly join the dots and use the opportunities to make interventions to support women and break the cycle of offending. We all know that once someone has been incarcerated, the chance that they then embark on a lifetime of reoffending and re-entering prison is very high. That is not good for them, but nor is it good for society or the taxpayer. We need to get this right.
We know also that many women do not belong in prison in the first place. One issue I have been taking up with the Ministry of Justice is the extent to which women are remanded in prison for their own protection. We have a mental health policy that has been removing police cells and prisons as places of safety—recognising that they are not good environments for people who are mentally unwell—but we are still remanding women in prison for their own safety. I thought it would be only a small number of women, probably no more than a dozen a year. Having raised the issue with the Government, I could not get any data on it. However, Her Majesty’s inspectorate of prisons visited three prisons last year and in total found 68 women who had been remanded in prison for their own protection. They were not people who had committed an offence, and it was not a punishment. It is totally inappropriate for a country such as this to be remanding women in prison for that purpose, and that was in just three prisons. Across the whole system, we know that women being remanded for their own protection are a significant proportion of the prison establishment, and frankly that is not good enough. I am ashamed of it, and I call on the Government to do better.
My criticism is not with the Ministry of Justice. One of the issues is that the Ministry of Justice is sweeping up the failings of other organisations within the public sector. It is sweeping up the ability of local authorities to offer safe spaces for women to be sent to when they are at risk. Mental health services are sweeping up that failure by the Department of Health and Social Care, and I encourage the Ministry of Justice to be rather more robust in its dealings with other Departments and say, “You know what? These are not our problems, they are yours.” We should not be dealing with vulnerable people within our estate.
The other side of the criminal justice system where women are particularly negatively impacted is as victims, and we have had a number of debates in recent weeks about the poor prosecution rates for sexual violence crimes and rape in particular. Having spoken to victims, I understand that one of the reasons for that is that they are treated as a piece of evidence in that prosecution. If someone has gone through trauma, constantly reliving that in a dehumanising way is not the best way to ensure that we bring people to punishment. We really have to look at that.
There has been a lot of investment in services, but we have still not got it right. My biggest challenge on that point is that the likelihood of a victim getting justice depends on who they are. Victim-blaming, which we heard reference to earlier in the debate, is at the heart of that. Over and over again, assumptions are made about victims that impede their ability to get justice. White working-class girls in northern towns and cities were victims of abuse for many years before public authorities would pay proper attention to it, because they were not prepared to make that challenge.
I also highlight what we loosely describe as “honour killings”. What kind of a phrase is that to describe people being murdered? They are murdered by their families, who should love them and keep them safe, and we call that an honour killing—“honour”, which is a positive word, and “killing” for murder. That very phrase is an illustration of the discrimination against those victims; I am getting emotional just thinking about it.
In the context of the list that the hon. Member for Birmingham, Yardley (Jess Phillips) read out, we do not have to do much of a study to realise the socio-economic background of most of those victims. The only ones that we ever read about in the papers—the ones who the media get excited about—are nice white middle-class people with professional backgrounds. People who engage in prostitution disappear every week and do not get a column inch, but they are victims. They are women who are victims of male violence against women and girls.
Let us not pussyfoot around it: this is a gendered crime. My hon. Friends who are present—my hon. Friends the Members for Boston and Skegness, for Devizes, for Harwich and North Essex, for Totnes (Anthony Mangnall) and for Worthing West—will not take offence when I point out that those crimes are committed by men, which is exactly what we need to face up to. We will not tackle that issue unless we tackle it as a society, which means men stepping up too.
My hon. Friend is making an extraordinarily impassioned speech. She is absolutely right to make the point that men are 99% of the problem, but we can be 50% of the solution.
I welcome that comment from my hon. Friend and I am not surprised to hear it from him. I would go further than that, however: we will not fix the problem until men become part of the solution. I am afraid that the Government need to stop pussyfooting around by talking about violence against women and girls and call it what it is—male violence against women and girls.
(3 years, 4 months ago)
Commons ChamberIt is always a pleasure to follow my hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell). May I start, as so many colleagues have done, by welcoming the Minister for the Constitution and Devolution, my hon. Friend the Member for Norwich North (Chloe Smith), back to her rightful place? It is wonderful to see her.
This has been a very entertaining, interesting and thought-provoking debate. As ever, it is good to see Parliament on form, with cross-party consensus on what needs to be achieved. There has been a great deal of thought and consideration about what further steps this House might take. I certainly know that my hon. Friend the Member for Thurrock (Jackie Doyle-Price) will be able to hold me up on anything I get wrong, as a constitutional geek, as I make my speech.
I want to agree with what my hon. Friend the Member for Newcastle-under-Lyme said. When the Fixed-term Parliaments Act 2011 came in, the idea that it was there for political expedience was perfectly obvious. It should have been introduced with a sunset clause, so that we did not have to endure it beyond 2015.
I want to make just a few remarks, because there is nothing new I can say at this point in the debate. In 1974, we saw one election in February and one in October. I am not able to remember either of them, but I am acutely aware of the fact that that is the exception. Governments take very seriously the idea of holding general elections. It is not a power to be abused. There is not a system where Governments think they can instantly call one and find the public on their side. It takes great consideration to be able to make that decision. We have to be clear about that. Many of the arguments that have been made by the Opposition seem to be confusing personality with the politics. That is not acceptable in this debate, because the reality is that it has not been done since 2010, apart from in 2017, and, I would argue, because of the FTPA. The hon. Member for Strangford (Jim Shannon) made the point that elections are won not at election time but in between elections. It is in our interests to make sure that we run as close to the full term of a Parliament and certainly history would suggest that that is what we have done.
The excellent report produced by the Joint Committee and the Public Administration and Constitutional Affairs Committee report suggests in the recommendations that any replacement for the Act should support a majority, a coalition or a minority Government. That could include confidence and supply. I think that is exactly what happens now. As far as I can understand it—I will take any interventions if I am getting this wrong—the Lascelles principles are there to allow the opportunity for the Opposition, or another grouping, to come forward with an alternative if they can supply the numbers in the House. The hon. Member for Argyll and Bute (Brendan O'Hara) was saying that the Lascelles principles no longer stand and that that convention is overwritten by the Bill. That is not true. That is not the case. The fact that the convention is unwritten means that the point for the sovereign still stands and that, if someone were to approach the sovereign with the alternative model, it would work.
My hon. Friend is articulating this very well. Again, it comes back to the fact that one of the biggest issues with the Fixed-term Parliament Act was the way it interfered with votes of no confidence. It had a very prescriptive set of rules that prevented the Lascelles principles from being implemented at that stage, but now that we are going back to the status quo, they will absolutely come back.
I was worried that my hon. Friend was going to tell me that I was wrong, but that was a delightful intervention and one I entirely agree with. I thank her for that point, because the wording of the Bill ensures that it will look as though the Fixed-term Parliaments Act had never been enacted. We are going back to the status quo before the Bill, rather than trying to change things forward, and it is important that that is understood.
Parliament should be flexible, agile and able to respond to the needs of the public, and by removing the Fixed-term Parliaments Act, we will go back to a stage in which we can respond to the issues of the day, and the concerns and problems that must be addressed. Governments should be held to account by the Opposition and by Back Benchers. They should fear votes of no confidence where necessary and be prepared for elections to be called, if required, because their legislative agenda cannot be pursued. After all, we are here because we set a legislative agenda that we need to see through. If we are unable to do that, it is only right and sensible that we either go back to the people or offer an alternative, and that is what the Bill will do.
As far as I can make out, the only benefit of the Fixed-term Parliaments Act was that it brought the Liberal Democrats into an embrace of death from which they have not recovered, five years on. However their recovery goes, that seems to be it. They did not learn from the 1920s and they have not learned from 2010-15. The Bill offers us the opportunity to reassure our constituents that we can be on their doorsteps 365 days of the year. We can make the case about knocking on their doors and ensuring that they have the democracy and the representation that they deserve.
The last point I would like to make is on clause 3, the ouster clause, which has been referenced by many in the House. It reminds this place of the fact that the courts must not involve themselves in the way in which we call elections. The point has been made time and again about the damage that would do. I welcome the Government’s Bill. I welcome the fact that it is fulfilling a manifesto commitment, and I welcome the fact that this is a return to a good piece of legislation that will ensure that democracy is secured for many years to come.