Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Apsana Begum Excerpts

Wednesday 5th July 2023 Westminster Hall

[Apsana Begum (Poplar and Limehouse) (Lab)]

I congratulate my hon. Friend the Member for Edmonton (Kate Osamor) on securing this important debate and championing the plight of domestic abuse survivors, including survivors of domestic abuse who find themselves unable to access support due to no recourse to public funds, an issue on which she has been an advocate in this House.

As co-chair of the all-party parliamentary group on domestic violence and abuse, I am all too aware of the impact of the cost of living crisis. There is no doubt about its impact. Although we hear constantly about the crisis and its effects on families, schools and pensioners, we hear less about how it prevents women from fleeing domestic abuse. Even before the cost of living crisis, finances already acted as a barrier to people leaving an abuser. Survivors often struggle to access the money that they need to flee, and the cost of living crisis has hugely exacerbated that.

A recent survey published in January by Women’s Aid found that 73% of survivors had either been prevented from fleeing as a result of the crisis or it had made it harder for them to flee. In my view, the cost of living crisis and economic and financial abuse in particular are placing survivors of domestic abuse at risk of criminalisation. For example, in my borough of Tower Hamlets, the safer neighbourhood team has found that the most shoplifted item in the borough right now is Calpol. That is an utterly devastating fact. We know that that is driven by poverty and the utter desperation of mainly women and mothers.

I want to turn to the experiences of women survivors in the criminal justice system. We should all be appalled that at least 57% of women in prison or under community supervision are victims of domestic abuse. Indeed, campaigners have long raised their plight and the need for far greater support for them, as well as legal safeguards to prevent victims from being criminalised as a result of their abuse. This cannot be emphasised enough: we have known for long enough that black and ethnic minority women are disproportionately drawn into the criminal justice system and therefore, as the Tackling Double Disadvantage partnership has said, suffer from that double disadvantage.

I want to raise the plight of pregnant women in prison. The imprisonment of pregnant women is wrong. They are almost twice as likely to give birth prematurely and are five times more likely to experience a stillbirth. The Ministry of Justice is aware of that and campaigners have long called for no woman to have to give birth in prison. In 2019, for example, a woman gave birth in a prison cell in Bronzefield prison, which is Europe’s largest women’s prison with no access to a midwife or any maternity care. The woman’s baby did not survive. That is a huge injustice. I think most people in this country will see it as a grave injustice that women in prison are often expected to give birth without the care that is needed, so I urge the Government to review that. Once a year, campaigners including Level Up and No Births Behind Bars are outside the Royal Courts of Justice and outside Parliament campaigning on that issue.

I also want to raise the issues around pregnant refugees. Under the current provisions in the Illegal Migration Bill, pregnant refugees are likely to be placed in circumstances worse than the already inhumane situation of pregnant women in UK prisons. In places such as Manston, there have been outbreaks of diphtheria and reports of assaults and drug use by guards. Last year it was estimated that Manston was detaining thousands of people who arrived in Britain via small boats—some for as long as 40 days or more. No one should be detained in such places at all, never mind those who are pregnant. The British Medical Association, the Royal College of Midwives, the Royal College of Obstetricians and Gynaecologists, and Maternity Action have all raised the issue of healthcare in immigration detention and the fact that it is very poor indeed.

In 2014, some 99 women were locked up in Serco-run Yarl’s Wood detention centre while pregnant, and research by Medical Justice found that they often missed antenatal appointments, often had no ultrasound scans, did not have direct access to a midwife and could not request visits. Surely that is an injustice and needs to be addressed. Many of those women will have fled persecution and violence in other parts of the world, and they go on perhaps to experience violence and abuse in this country as well.

I also want to speak about the condition of no recourse to public funds. The case has been made again and again; the research and the evidence are there as to how that is having an impact on migrant survivors of domestic abuse’s ability to come forward. I appreciate the steps and strides made in the Domestic Abuse Act. No one can take away from the fact that that was landmark legislation and had a lot of support on both sides of the House. It was important that we put this matter on a statutory footing and ensured that there were provisions to support people. But what was missing was support for migrant survivors of domestic abuse.

One of my concerns is about the DDVC, the destitution domestic violence concession, which allows those women who do come forward to apply for leave to remain, if they have the intention to apply for indefinite leave to remain, to get a three-month period to, essentially, sort themselves out. How can they really, in a three-month period, sort themselves out to get a roof over their head and have a sense of security while they are escaping domestic abuse? I am aware that there are the domestic violence ILR rules as well.

The problem underpinning all of this is that women and survivors will not come forward unless they are aware, and feel absolutely confident, that their information will not be shared with immigration enforcement, so I support the calls that are being made again and again that we need a firewall to end the sharing of data between the police and the Home Office for immigration enforcement purposes. That has been recommended by the Select Committee on Justice, by the Domestic Abuse Commissioner and all other women’s sector services. It literally can make the difference between life and death for migrant survivors of domestic abuse.

Lastly, I want to say a little about my own case. The topic that we are debating today cuts to the core of my experiences. Colleagues will be aware that two years after being elected, I endured an eight-day trial, instigated by a complaint made by my ex-husband’s brother-in-law, which forced me to talk about my painful and private experiences of domestic abuse. The action was taken by my local council, and my ex-husband was a councillor at the time. I was found to be innocent of all the charges, but what remains is that the matter of domestic abuse was actually used against me by the prosecution; it was argued that the domestic abuse was a motive for the alleged crimes. As Raj Chada, who represented me—he is the criminal defence partner at Hodge Jones & Allen—argued:

“Prosecutors and investigators need to better understand and consider how victims of coercive control and domestic abuse behave and how they are treated by the criminal justice system.”

It is absolutely imperative that the Government now look at introducing statutory defences for victims of domestic abuse who are accused of offences, and add to the victims code a commitment to protect all victims of violence from unjust criminalisation, ensuring that they have their rights upheld as victims and are not further stigmatised. Additional safeguards are needed throughout the criminal justice process. The Tackling Double Disadvantage partnership is calling for the introduction where necessary of additional safeguards, such as a process to allow the pausing of a police interview under caution where it becomes clear that the suspect may be a victim of domestic abuse. I did not have that. I am not saying that, as a Member of Parliament, I should have been treated specially or differently, but I am describing my case and my experiences of being interviewed under police caution, where I made the position very clear, and it took a lot of confidence and courage to come forward and say, “This is what has been happening and I am still fearful of what my ex-husband can do to me, just for coming forward—just for speaking out.”

There did not seem to be an understanding of domestic abuse in the handling of the case in its early stages, and I fear that other people are being prosecuted for offences in relation to which the law does not necessarily take into account the impact and experiences of domestic abuse. My case was a fraud case; there are no statutory defences around domestic abuse in a case such as that. The case rested heavily on the approach of the prosecution, which considered domestic abuse a motivating factor for the crime. I therefore call for additional safeguards and statutory defences, and for a commitment to the victims code to protect people from unjust criminalisation. I strongly feel that what happened to me must never happen to anyone ever again, but I fear that it is still happening to many people in this country.

I thank the Centre for Women’s Justice and the Tackling Double Disadvantage Partnership. The partnership is made up of a number of organisations, which I will name: Hibiscus Initiatives, Agenda Alliance, Women in Prison, the Zahid Mubarek Trust, the Muslim Women in Prison project and the Criminal Justice Alliance. They are making a range of calls on the Government; I have already mentioned the firewall on data sharing between police and the Home Office. They are also calling for increased investment in women-specific services, specifically for victims of violence who are facing criminal proceedings, so that women have a safe space to disclose and receive support, and they are calling for that investment to be made particularly in services that are for and led by black, Asian, minoritised and migrant women. They are also calling for criminal justice practitioners at every stage of the process—whether police, judges, juries, or prisons and probation services—to take proper account of the abuse experienced by victim suspects and defendants, and to be made accountable for doing so. That call is about having access to training, guidance and expert support from women’s specialist services, so that criminal justice practitioners can consider fully the relationship between alleged offending and experiences of abuse.

Without the support of the women’s sector, I too would have found myself not necessarily having the language to describe my experiences. It was profoundly empowering to put the proper words to my own experience, so that it could be understood by the criminal justice system. That would not have happened without the support that I ended up receiving, and availability of that support is a postcode lottery for many people in this country. For example, there are just not enough independent domestic violence advocates. I know that the Government are providing a statutory definition in the Victims and Prisoners Bill. We can make a statutory definition of what an IDVA is and does, but there need to be enough of them. There needs to be a commitment to funding enough of them, whether through Victim Support or local and established services. We can put things in Bills, but we need the funding to ensure that they can be implemented and have an impact.

I have already mentioned the Illegal Migration Bill. The Tackling Double Disadvantage Partnership is calling for the withdrawal of provisions that would limit the rights of potential victims of trafficking. We have to understand the experiences of women who have been persecuted and are fleeing violence in other parts of the world. They also have rights under international law, and we have to take that into account in terms of their experiences in this country.

Finally, I have not really mentioned data, apart from the data sharing among the Home Office, immigration enforcement and the police. It is important to collect and analyse disaggregated data to improve our understanding of the criminalisation of victims of violence against women and girls, and of the intersection between that and the experiences of black, Asian and minoritised and migrant women. Not enough data is available, and I could say lots about why it is not, but it is absolutely important to make that data available. Victims themselves need to know what is happening in the criminal justice system and the sector needs to know as well.

Every week, two women in the UK are killed by a current or ex-partner, and 49% of those women are killed less than a month after separation. That is unacceptable and preventable. Women make up 5% of the prison population, and so many of them will be victims of domestic abuse. That is also unacceptable. So many of those women are giving birth behind prison bars, which is also unacceptable. But this is all preventable. This injustice is preventable and I urge the Government to take action sooner rather than later.