Violence against Women and Girls

Apsana Begum Excerpts

Wednesday 27th November 2024 Westminster Hall

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

I beg to move,

That this House has considered the matter of tackling violence against women and girls.

It is a pleasure to serve under your chairmanship, Sir Mark. Violence against women and girls is one of the most prevalent and pervasive human rights violations in the world. The statistics are stark and frightening: globally, almost one in three women has been subjected to physical or sexual intimate partner violence at least once in their life. As an ongoing survivor of domestic abuse and chair of the all-party parliamentary group on domestic violence and abuse, I know that it can affect women at all stages and in all aspects of their lives. It damages health and wellbeing, and undermines our democratic freedom and pursuit of equality.

The phrase “tackling violence against women and girls” is now frequently used, but there is often a gap—a vast gulf, even—between the good intentions professed in this place and the reality of our lives. Urgent and immediate action is overdue. As survivors, we are complex and multifaceted beings, and we are being let down. I therefore aim to set out why there is a need for a multifaceted approach. To address perpetrators and empower survivors, we need a comprehensive and cross-departmental strategy that goes beyond criminal justice to social security, housing, employment and health. I place on record my recognition of the Minister’s work in this area, and I know that she has indicated her commitment to rolling out a plan in the new year. I welcome the opportunity to continue to engage constructively with her in the interests of survivors everywhere, and today’s debate aims to be a part of furthering that common interest.

Although much of my speech will be about responses to the problem beyond the criminal justice system, there can be no question that the system woefully lets down survivors. There are abysmal prosecution and conviction rates, with perpetrators being released too early from prison. There is a crisis in legal aid and a lack of independent legal advice for survivors, and it is estimated that the majority of women in prison and under community supervision have experienced domestic abuse.

Mistrust of the police is at an all-time high. Obviously, not dealing properly with abusers in their own ranks undermines trust. As Women’s Aid continues to emphasise, policing reforms are urgently needed to rebuild public faith in the institution that is supposed to protect us, but the Government’s announcements so far do not address the scale of the problem.

[Claire Young (Thornbury and Yate) (LD)]

Constituents have made me aware of problems when the family courts have not understood that they can be used to perpetuate the abuse of the violent partner. Does the hon. Member agree that we need greater understanding in the family court system so that people fleeing violence do not see that abuse continue?

[Apsana Begum]

I agree with the hon. Lady that every parliamentarian could understand the situation in the family courts better. The law is often used and misused by perpetrators to further the suffering of their victims.

I draw Members’ attention to the recent work of the Home Affairs Committee on rape investigations, prosecutions and non-contact sexual offences, which highlights the need to ensure that victims feel confident in reporting offences knowing that they will be supported and taken seriously. Likewise, the London Victims’ Commissioner’s recent stalking review makes a number of stark findings on both victims’ experiences and the response that they receive. Its evidence of the disastrous consequences of the confusion and lack of awareness among police and prosecutors is also profound. For example, police continue to treat incidents as single events, meaning that stalking goes unrecognised and patterns of behaviour are not properly understood.

Ending impunity by holding perpetrators accountable and establishing zero-tolerance of violence against women and girls is imperative. That requires providing support and consideration at every stage of the criminal justice system, yet not only do the law and court systems let us down, they can even be used by our abusers. I will not say much more about that today as last Thursday there was an opportunity to address my and other women’s experiences of lawfare in that regard. However, just as the impact of violence against women and girls is vast and far-reaching, so must be the solution. A whole-system approach is therefore vital.

On Second Reading of the Employment Rights Bill, I said that domestic abuse can have an impact on an individual’s working life: unexplained absences, lateness and a negative impact on performance. For about one in 10 survivors, abuse continues in the workplace, often because their partner is turning up there, is stalking them outside it or is an employee there. The statutory guidance in the Domestic Abuse Act 2021 reminds us how pivotal the role of an employer can be by providing, for example, flexible working or paid leave. It is undisputedly the case that being a member of a trade union is the best way for workers to ensure their rights, and that is certainly the case for survivors.

The cost of living crisis is especially dangerous for those faced with a choice that is no choice, really: remaining in an unsafe environment or facing destitution or homelessness. Lower incomes, rising poverty and soaring rents mean that people feel trapped in a relationship even when they need to leave. Safe and affordable housing, including social homes, for women and girls who are escaping is an urgent necessity, and protection from eviction for survivors is absolutely essential. In fact, domestic abuse is by its very nature a housing issue, with perpetrators often creating a context of fear and curtailed freedom, usually within or in association with the home. There is a reason that my ex-husband and his supporters are still so focused on my living arrangements and regularly try to use the media in that regard all these years after the vexatious case pursued against me about my housing arrangements.

It is no coincidence that the current crisis of violence against women and girls comes after 14 years of attacks on social security. Women are more vulnerable to poverty because they are more likely to have lower incomes and wealth and to have caring responsibilities. That leaves them more reliant on social security and public services and means that they are impacted more severely when public services and social security are cut. Disabled women are twice as likely to experience abuse, which is why it is crucial that disabled people receive the support that they need.

The Women’s Budget Group has argued that economic violence has disregarded the needs of women, reduced the already inadequate services that they rely on and deprioritised their safety and wellbeing. Oxfam’s publication “The Assault of Austerity” argued that the most common austerity measures have been shown to precipitate both direct and indirect forms of violence against women and girls. There is no doubt that the funding crisis for domestic abuse services and other support continues to be catastrophic. Women are dying every day while support services continue to be cut. Refuges, community-based services and specialist support on a broad range of needs are critical, and the funding of such services can literally be the difference between life and death, hope and despair, and imprisonment and empowerment.

It is a matter of urgency that the no recourse to public funds rule is scrapped and that there is an end to the hostile environment. The current political climate has created a toxic, dangerous atmosphere for migrant women. Immigration status and the fear of deportation are used as control tactics by perpetrators. That is why there needs to be a firewall between all public services and the Home Office so that every survivor can report abuse and perpetrators cannot evade justice by weaponising immigration status in order to silence, abuse and control. Migrant women, including those who are pregnant, are being detained in immigration detention centres as I speak, despite centres such as Yarl’s Wood being the subject of considerable political and media attention due to the high-profile allegations of sexual abuse and mistreatment over the years.

Globally, violence against women and girls continues to be exacerbated by conflicts. In Haiti, women face gang violence, including pervasive sexual violence, and the reports of mass rapes in Sudan are horrific. In Gaza, women and girls are being bombarded, killed and starved, so tackling violence against them must include a ceasefire and an end to all UK arms being sent to Israel or anywhere else where they are used to kill women.

It is important to understand that violence against women and girls can affect individuals from all backgrounds, but sadly society does not treat all survivors equally. The power and control that abusers wield to perpetrate abuse can interact with a range of experiences of oppression, and systemic discrimination can make it harder for individuals to seek help.

[Afzal Khan (Manchester Rusholme) (Lab)]

I thank the hon. Member for securing this important debate. Following White Ribbon Day, and during Islamophobia Awareness Month, we must address the unique challenges faced by Muslim women, who often experience a triple whammy of gender-based violence, Islamophobia and discrimination. Those intersecting issues can prevent women from seeking help. Will she join me in stressing to the Government that services should be equipped to address those barriers and challenge the harmful stereotypes that perpetuate violence and discrimination?

[Apsana Begum]

I completely agree, and I greatly value my hon. Friend’s raising that issue during Islamophobia Awareness Month.

Fears of discrimination or bias, such as racism, homophobia or transphobia, are exacerbated by incidents in which people have been denied assistance and access to services. Black and Asian survivors are more likely to mistrust the police. Although black and Asian people are over-policed for certain crimes, domestic abuse tends to be under-policed in minority communities because of so-called cultural sensitivity. When speaking out about my experiences, I have been particularly anxious not to perpetuate tired racist tropes about Muslims. We need to be clear that that does nothing to empower women. Rather, racism is a driver and facilitator of abuse, causing the voices and lives of ethnic minority women to be overlooked and devalued. It is fundamental that any violence against women and girls strategy is actively anti-racist.

It is impossible to cover all the types of violence against women and girls in the time that I have today. Nevertheless, I have tried to set out examples to illustrate that violence against women and girls is not a side issue or separate; at its core, it is about inequality and the type of world we live in. It is intrinsically connected to structural discrimination, exploitation and the intersection of different oppressions. As such, it requires joined-up thinking and bold and brave initiatives.

As hon. Members are aware, this week began with the UN’s 16 days of activism against gender-based violence. I want to take a moment to draw out the term “activism”, because the history of challenging violence against women and girls has always had pioneering activism and the fight for social change at its heart. The movement has been driven by the bravery of so many who have spoken out and organised, despite the challenges they faced. It is that that keeps me going. Because of those activists and survivors from around the world, I will never, ever allow my voice to be silenced. Human rights are fundamental. Ultimately, tackling violence against women and girls is about the hope of a future in which everyone is able to live freely in dignity, with joy and pride.

[Several hon. Members rose—]

--- Later in debate ---

[Apsana Begum]

I thank the Minister for her comments today and her ongoing work in this area, and reiterate my commitment to work with her constructively in the interests of survivors everywhere. I am most grateful for all 20 contributions on a range of topics. They have provided insight from all over the UK, including Northern Ireland, mentioned by the hon. Member for Strangford (Jim Shannon), and emphasised the scale of the problem and its wide-ranging impacts. This week and next, as we raise awareness through events in Parliament, events in our constituencies and debates such as this one, it is important that we do so with a sense of sadness at the loss and tragedy and anger at the injustice, but I hope we also have resolve and hope for the future.

Question put and agreed to.

Resolved,

That this House has considered the matter of tackling violence against women and girls.

Violent Disorder

Apsana Begum Excerpts

Monday 2nd September 2024 Commons Chamber

[Yvette Cooper]

The hon. Member is right that in this country, we have always had people come together and work together to tackle problems and debate issues. The people responsible for this violence and these attacks, including on our police officers, do not speak for the United Kingdom—they really do not. They do not speak for any part of the UK, and we should never let them do so.

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

For too long, Muslims have been scapegoated for the failings of the political and economic system by the same type of politics that led to the hostile environment for migrants. Can the Home Secretary outline the steps that she will take to ensure that any measures that arise from the rapid review of extremism do not perpetuate or extend harm to the very communities—Muslims and migrants—who have been the primary target of the far right’s violence?

Child Sexual Abuse Material (Digital Devices)

Apsana Begum Excerpts

1st reading
Wednesday 15th May 2024 Commons Chamber

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

I rise to speak to the programme motion, which was tabled yesterday shortly before the rise of the House. It relates to the consideration of hundreds of amendments and new clauses to a serious and substantial Bill. Indeed, they relate to some of the most fundamental issues affecting our constituents. Today there is a debate on amendments and new clauses that cover domestic abuse, human trafficking and the transfer of prisoners to foreign prisons, yet the House was made aware of that only yesterday evening. I am sure that Members across the House will have been up late trying their best to prepare, as I was, but my duty to my constituents compels me to place on the record my shock and worry about what this means, not only for parliamentary democracy but for the quality of legislation that will be passed.

Last week there was an absurd situation when we had a deadline for tabling amendments and new clauses, yet we did not know what business the debate would cover. Then, at my last count, 134 Government amendments were tabled virtually at the last minute. Those are not unsubstantial or merely technical amendments, but include measures relating to new offences that would have potentially significant and wider reaching consequences for our civil liberties, and could even result in imprisonment.

These measures include further powers for the police to exercise without accountability. I do not need to remind the House that many of our constituents are very worried about the powers that the police already have and how they use them. It is no secret that trust in the police is already low, particularly among women, survivors and people from diverse backgrounds. Whatever the different views across the House, surely there is a consensus that measures of such significance, which could have severe and potentially life-changing consequences for our constituents, should not be passed without appropriate scrutiny, and without many of us even knowing of their existence. Accordingly, there has certainly been very little public awareness or debate.

As Members of Parliament, we have a profound duty to those who elect us regarding the scrutiny of legislation. This is not only about having a functioning democracy; this is about having workable and functioning laws. There are many questions about impact assessments, and we do not know what the full disabilities and equalities implications will be. For example, Government new clause 96 prohibits wearing or otherwise using an item for

“the purpose of concealing…identity”

in a locality designated by the police. Before even getting to a fundamental assessment of the measure as a whole, there are many questions and points of clarity that my constituents would want, at the very least, to be publicly established. For example, how will the provision impact Muslim women who wear the hijab or the niqab, because the phrasing refers to using an item “wholly or mainly” for such a purpose?

In closing, let me place on the record my alarm at this Government’s now fairly frequent tabling of large numbers of amendments on Report, and at the short notice, compressed time for debate and scrutiny, and what many of us experience as utter confusion regarding timetabling. That is a dangerous precedent to set, and it is not in the spirit of parliamentary democracy. I urge the Government to withdraw the extra substantial amendments and allow for the proper, democratic, sensible and transparent scrutiny that our constituents expect of us.

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.

Public Order

Apsana Begum Excerpts

Monday 12th June 2023 Commons Chamber

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

It is appallingly apt that this widely recognised repressive and authoritarian Government are using a widely recognised repressive and authoritarian power to implement a widely recognised repressive and authoritarian measure to give the police almost complete discretion over which protests they want to ban. It is not as though the police are not already equipped with excessive and unaccountable powers.

Indeed, such powers were on display in my constituency recently when up to 100 police officers evicted 29 homeless people, including some thought to be subject to no recourse to public funds, from 88 Hardinge Street—a building understood locally to be an unofficial homeless shelter. The operation included a large number of territorial support level 2 public order officers with riot shields to deal with residents who had gathered in shock to protest against the action. A dispersal order was issued that stretched almost a full kilometre around my constituency. A constituent said:

“as a local resident, if I could file a complaint against the actions of the police today, I would.”

[Dr Mullan]

Will the hon. Member give way?

[Apsana Begum]

I will not—the hon. Member has had his say.

It is chilling that these measures are being forced through when trust in the Metropolitan police is at an all-time low, not least following the killing of Chris Kaba, who was fatally shot by a Metropolitan police firearms officer in September last year; the treatment of Child Q; the kidnap and killing of Sarah Everard by a serving police officer; the evidence of institutional racism and misogyny, and so on. Even more unaccountable power is being handed to the police when so many are concerned about long-standing failures on the part of the police to be accountable for their actions.

The truth is that the Government’s actions today would never be right. This attack on democracy and civil liberties is akin to that of many repressive regimes that the UK has been right to criticise, but now it seems to be seeking to emulate or perhaps compete with them. Does the Home Secretary agree that Dr Martin Luther King, with his non-violent civil disobedience, is one of the most widely celebrated activists worldwide? Does she acknowledge that many recognise, and some even celebrate, the suffragettes and the role they played in advancing the democratic rights of women? She referred to harmful protests and repeated protests that will be outlawed through the powers to be given to the police. So harmful were the protests that the suffragettes engaged in that they won women the right to vote. She and I both enjoy the privileges of that today as parliamentarians in this House.

We cannot allow the Government to get away with this repressive change to the laws of protest. I will vote against the regulations, and I urge colleagues across the House to consider doing the same. This is so much more important than all of us individually and more important than political parties; it is about the future of democracy itself.

Illegal Migration Bill

Apsana Begum Excerpts

Report stage
Wednesday 26th April 2023 Commons Chamber

[Robert Jenrick]

The key element at the heart of the Bill is deterrence. We want to deter individuals, families or adults from going into these dinghies, putting themselves at the behest of people smugglers. Ultimately, that is the way that we protect children. If we allow this issue to escalate—that is not the intention of those who oppose the Bill, but it is the logical conclusion—it will simply see more children placed into these boats and we have to stop that. That is what we are setting out to do here. As my hon. Friend has raised the point, I would praise the authorities in Kent, which have gone above and beyond to support young people. I have recently visited the facilities there.

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

rose—

[Robert Jenrick]

I will give way to the hon. Lady, and then I should make more progress.

[Apsana Begum]

Does the Minister agree that it is deeply harrowing to learn of pregnant women arriving in the UK on these boats and that perhaps they should be exempt from the provisions on removals in the Bill?

[Robert Jenrick]

I do not want to see pregnant women placed in a difficult or compromising position. The scheme is structured in such a way that a suspensive claim can be brought where there is serious or irreversible harm, which, in most cases, is physical harm, that would prevent an individual from being placed on a flight either back home to their own country, if it is a safe place, or to a safe third country like Rwanda. The usual fitness to fly procedures will apply. Therefore, a pregnant woman would not be placed on a flight to Rwanda or elsewhere unless it was safe to do so. There are long-standing conventions of practice on how we would make that judgment.

On the issue of detention of unaccompanied children, I understand the concerns that a number of hon. and right hon. Members have raised about the prolonged detention of children without the authority of a court. I thank those Members, including my hon. Friend the Member for East Worthing and Shoreham, for their very constructive engagement with us on that and other matters. As a result of those discussions, we have introduced Government amendments 134 and 136 to enable a time limit to be placed on the detention of an unaccompanied child where the detention is for the purposes of removal.

I acknowledge my hon. Friend’s and other hon. Members’ concerns—indeed I share them. I commit to working with him and others, including my right hon. Friend the Member for Chelmsford (Vicky Ford), with whom I have had a number of conversations, to set out the new timescale under which genuine children may be detained for the purposes of removal without the authority of the court and what appropriate support should be provided within detention, recognising the obligations under the Children Act 1989, an important piece of legislation.

I can also confirm to my hon. Friend the Member for East Worthing and Shoreham and others that it is our intention that, where there is no age dispute, children are not detained for any longer than is absolutely necessary, with particular regard to the risk of absconding and suffering significant harm. I trust that those amendments and commitments will assuage the concerns that he raised in Committee and that he will not feel the need to press his amendment 138 on this issue.

--- Later in debate ---

[Tim Loughton]

That is what we put in the Immigration Act 2014 with the then Immigration Minister, now the Transport Secretary. What has changed between 2014 and 2023 that means apparently we have to detain children indefinitely? We need timescales in the Bill, as we had in 2014. I appreciate there are practical problems about age verification for those who are challenged. We may have to have a two-tier system, but certainly those children who are recognised generally as children should not be locked up in detention centres and Home Office facilities, and that has to be made absolutely clear when this Bill goes to the Lords.

We also need to know how and where the Government plan to accommodate those children once identified. The accommodation does not exist at the moment, and the Government have only a few months to magic it up if we want to get this legislation through in a matter of months. I share the Children’s Commissioner’s concerns. She said:

“The Bill is unclear on what the state of the accommodation will be for children while awaiting transfer to local authority care or removal from the country…What regulations will be in place for Home Office provided accommodation? If the accommodation is regulated which body will inspect them?”

There are a lot of questions to be asked. We are taking the assurances from the Minister on trust. We will not continue with a lack of detail when the Bill gets to the Lords, but for the moment we will not force it, because I trust the Minister to do the right thing before the Bill goes through its final stages.

[Apsana Begum]

I rise to speak to a range of amendments and new clauses seeking to protect people from the attacks on basic human dignity that are before the House today. I am supporting new clauses in the name of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy) about the ongoing human rights breaches that migrants endure, which have been happening for some time, but today I shall focus on how the legislation treats those who are pregnant, because not only will the Bill persecute and imprison people fleeing torture, war and oppression, but it will put the health of some of the most vulnerable of them—pregnant women—and the life of their unborn children at risk. That is why I have tabled new clause 2 seeking to exempt pregnant women and girls from provisions about removals. My new clause 3 seeks to require an independent review of the effect of the provision on pregnant migrants, and my new clause 7 is about a review of the effect of the measures on the health of migrants.

I am also supporting related amendments to prevent an immigration officer’s and the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependent children, or pregnant women, as tabled by my right hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson).

In order to cut through the dehumanising othering that too often plagues debates on migration—I note the awful nature of the comments made earlier today in response to the hon. Member for Glasgow Central (Alison Thewliss) about the dental testing of young migrants, which I find dehumanising and an othering of different communities—I would like to draw the House’s attention to a real-life example to illustrate the human reality of what is being debated today.

Najma Ahmadi and her family fled from the Taliban and made 20 attempts to cross into Greece from Turkey—20 attempts. On two occasions, Najma nearly drowned, once while pregnant with her baby daughter. She finally arrived in the UK last July on a boat, her terrified one-year-old baby girl clutched against her. Najma and her family were entitled to asylum, which was granted last December, but we must not forget those pregnant women escaping persecution who have died seeking refuge. For example, Yohanna, an Eritrean woman thought to be about 20 years old, who gave birth as she drowned alongside many others, when the boat she was travelling on, trying to get to safety, capsized. And there are many other women who remain unnamed.

These women are not criminals, but this Government are proposing today to treat them worse than criminals, despite knowing that such women are in fact victims of foreign policy failures and the simple, indisputable fact that there were no safe routes for them. They are fleeing countries such as Afghanistan, which has barely had a mention today. As I said during the previous stage of the Bill, as of last month, 22 people had been granted asylum through the Afghanistan resettlement scheme. If that figure has changed, I would be more than happy for the Minister to address it in his closing remarks, but that is such a small number—unless of course the Government have changed tack and do not think there are women trying to escape the Taliban in Afghanistan and believe that they do not deserve safe routes through which to escape.

Not only will the Government refuse sanctuary to those who survive these horrors, but clause 11 will enable the Home Secretary to condemn them to indefinite detention. The Bill will therefore see migrant women who should have finally escaped persecution facing pregnancy and birth alone, without adequate medical support and with the fear of potential separation from their baby.

There is a wealth of information and evidence that the imprisonment of any pregnant women is wrong. We know that pregnant women in prison are almost twice as likely to give birth prematurely and are five times more likely to experience a stillbirth. Yet pregnant refugees are to be placed in circumstances worse than the already inhumane situation of pregnant women in UK prisons such as Manston, where there are outbreaks of illness and disease, reports of assaults and drug use by guards, and which last year was estimated to be detaining thousands of people arriving in Britain via small boats, some for as long as 40 days or more. No one should be detained in such places, never mind those who are pregnant.

The British Medical Association, the Royal College of Midwives, and Maternity Action have all raised that healthcare in immigration detention is often very poor. In 2014, some 99 women were locked up in Serco-run Yarl’s Wood detention centre while pregnant, and research by Medical Justice found they often missed antenatal appointments—

[Mr Deputy Speaker (Sir Roger Gale)]

Order. The hon. Lady is out of time. I call David Simmonds.

Illegal Migration Bill

Apsana Begum Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Sir Iain Duncan Smith]

I am flattered by the idea of my good offices with the Government, and I will take that at face value—thank you very much indeed. I will speak to the Government about that, and I accept that we need to get that replacement made very quickly.

The most important point is that we need to think about exempting any victims exploited in the UK from the disapplication of modern slavery protections. There is a very good reason why that is the case. As my right hon. Friend the Member for Maidenhead laid out clearly, if we do not do that, those who are affected will simply dismiss any idea of coming forward to give evidence, because they will fear that they will not be accepted and that they will therefore have to go. Many of them will not yet have given evidence to the police. The Bill suggests that the Secretary of State will be able to assess whether they have given evidence to the police, but this a longish process. This accounts for more than 60% of cases, and I really wish that the Government would think carefully about protecting them. I think the police will back us on this, because they want those people to give evidence.

The irony is that the more we help those people and the more they give evidence, the more traffickers we will catch and close down, which will probably result in fewer people coming across the channel on boats. This is all part of a circle of trust, identification and final prosecution, and it is really important. We should amend clause 21 to exempt victims exploited in the UK, and the new threshold for a positive reasonable grounds decision requiring objective evidence would prevent spurious claims. The whole point of this is to find a way.

I think we can agree on this. The work the UK has done on modern slavery, the evidence and all the rest of it, is now helping to prosecute the traffickers. If we lose that delicate flower of success, we will find ourselves in a worse position, with many more people being deliberately trafficked because we have become a soft touch on trafficking.

I fully understand why the Government are trying to deter the illegal use of these boats to cross the channel, both for people’s safety and because it puts huge, unnecessary pressure on services here, but I beg my right hon. Friend the Minister for Immigration to accommodate these concerns about modern slavery and to make sure that we do something in the Bill to protect these people in the long run.

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

I support the amendments on the rights of children, because the Bill punishes children just for being refugees and puts unaccompanied children at risk. There is not enough time to go through every clause, but I will highlight some of the many cruelties.

The measures before the Committee today not only abolish the protections afforded to children but allow unaccompanied children to be routinely detained beyond the 24-hour time limit, and to be detained anywhere the Secretary of State considers appropriate. Detaining children for prolonged periods is utterly unacceptable and poses serious risks to their health, safety and protection.

Clauses 2 to 10 will create a large and permanent population of people, including children with families and unaccompanied children, living in limbo for the rest of their lives. Clause 3 could see a child who arrives alone, fleeing war and persecution, being allowed to integrate into UK society, only to be forcibly removed from the UK as soon as they turn 18.

Clauses 15 to 20 give the Secretary of State a range of astonishingly far-reaching powers, including the power to terminate a child’s looked-after care status and the key legal protections provided by local authorities.

[Edward Timpson (Eddisbury) (Con)]

I am pleased that the hon. Lady has raised these clauses. Having spoken to the Minister, I know he is keen to ensure that we have clarity on this issue so that when the Home Office provides appropriate accommodation for children, in addition to the other care and support required, we know what that means in practice. We also need to understand the justification and reasons for enabling the Home Secretary to remove a child from local authority care under the vice versa clause, clause 16. At the moment, the explanatory notes do not seem to give any reason why the power is needed.

[Apsana Begum]

I hope the Minister will address the hon. and learned Gentleman’s point.

There is an array of evidence on the significant harm facing unaccompanied children who are accommodated by the Home Office in hotels. For vulnerable children, this Bill denies refugee and human rights protections and recovery from trafficking, and it prolongs their fears and insecurity by denying them the reassurance that they have found safety.

This Government are not only targeting children. They are removing almost all protections for victims of modern slavery and trafficking who are targeted for removal. As such, I also support the amendments on equalities and human rights, including my new clause 20, because the Bill will be disastrous for disabled and LGBTQ+ children and adults. Women fleeing persecution will be prevented from claiming asylum and will be detained indefinitely, with no exemption for those who are pregnant. Indeed, clause 11 will enable the Home Secretary to enforce the indefinite detention of children and pregnant women in camps such as Manston on a statutory basis. That goes back to what was happening before 2016, when pregnant women were being detained for weeks on end, and in some cases months, with no idea when they would be released. This is utterly disgraceful.

How can it be right that people are to have their human rights ripped away because they are from a different place? Surely human rights are inalienable and universal. Persecuting some of the most vulnerable people fleeing torture, war or oppression during a climate of increasing anti-migrant hostility, with attacks on hotels housing asylum seekers and a growth in far-right activity, is cowardly and dangerous.

The Illegal Migration Bill will be marked for years to come as an extraordinary and chilling attack on our values and way of life. Not in my name. I oppose the Government’s clauses before the Committee today. I reject their purpose and principle in their entirety, because all human beings are born free and equal in dignity, and with rights. In the words of article 2 of the universal declaration of human rights:

“Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs”.

[John Howell (Henley) (Con)]

I rise to speak to amendment 181, which appears in my name. I ask the Minister to think about my request over the coming days. I am not asking for a commitment now, and I will not seek to divide the Committee on this question.

The purpose of amendment 181 is to get an opinion from the European Commission for Democracy through Law, otherwise known as the Venice Commission, which is part of the Council of Europe. It consists of lawyers from across wider Europe, including the UK, and its individual members include professors of public and international law and supreme and constitutional court judges. The UK members are Mr Timothy Otty and Mr Murray Hunt, who are both competent lawyers.

The Venice Commission exists, in part, to comment on whether and how legislation, in either draft or final form, is compliant with the UK’s obligations as a party to the European convention on human rights. I have previously used its offices to comment on draft legislation before the Turkish Parliament. It can be quick. I believe the Turkish legislation took about a month to examine. France and Germany have also used the Venice Commission in reference to constitutional law. Incidentally, I am already negotiating hard with German socialists to stop a hostile motion being tabled against the UK.

How much better it would be to go to this organisation, as part of an international and multilateral community, than to be dragged there? I have ensured that any reference to the Venice Commission in my amendment does not hold up the Bill, as the amendment would come into force a month after the Bill’s enactment.

I understand from the Minister that he has consulted other countries on this legislation. How much fuller and more expansive would it be to use this vehicle, with its wider remit, to get an opinion—not a guarantee but an opinion—that would mean no one had to guess the chances of the Bill meeting the requirements of the convention? I cannot see the harm in using this vehicle to do that, and I am very happy to be involved in helping to facilitate a reference to the Venice Commission.

I ask the Minister to consider this proposal further in the days ahead, and I am fully available to discuss it with him.

Illegal Migration Bill

Apsana Begum Excerpts

Committee stage
Monday 27th March 2023 Commons Chamber

[Miriam Cates (Penistone and Stocksbridge) (Con)]

I rise to speak to amendments 131 to 134, which seek to strengthen the Illegal Migration Bill by preventing spurious claims—whatever they may be—being used to resist the removal of those arriving in Britain illegally. The amendments aim to close any potential loopholes that would limit the Bill’s effectiveness.

I have listened carefully to many thoughtful and technically excellent speeches from hon. Friends and hon. Members across the Committee for whom I have the greatest respect. I cannot match their legal expertise and detailed understanding of the legal complexities of the Bill, but I want to argue for the principle of strengthening the Bill, which I think the Government have accepted, to ensure that it is effective. It is essential that it be effective, because more than 40,000 people arriving illegally on small boats in a year is a serious safety issue, national security issue and economic issue, with £6 million a day being spent on hotels to house migrants. It is a crime issue, with many illegal immigrants engaging in illegal activity or being drawn into slavery and exploitation. It is also a sovereignty issue. Many ask: who is really in control of British borders—our elected Parliaments or foreign courts?

If the Bill does not work and does not result in the swift deportation of those who arrive here illegally, it will not have a deterrent effect and we will not stop the boats. The objective of the amendments is therefore to strengthen the legislation to significantly reduce the likelihood of unjustified legal challenges that use human rights legislation that was never meant to provide cover to international gangs.

I thank Ministers for their consideration of the intention of the amendments. Some of those who oppose them and the Bill will cite compassion. I wholeheartedly agree that those who are genuinely fleeing war and persecution deserve our compassion. Many should be—and are—offered a home here in the UK. Our compassion should be directed at those who are genuinely helpless and without agency—such as children—but not those who have a choice about whether they leave their home country, or those who choose to exploit others through international human trafficking.

In many ways, this debate epitomises the great argument of our times between those whose understanding of human rights is that anyone should, more or less, do whatever and go wherever they want, and those who believe that strong boundaries, firm rules and proportionate restrictions are essential for strong families, communities and nations. It is an argument between those who think that, as a wealthy country, we somehow have unlimited resources and who do not acknowledge that population growth over recent years has seriously limited and stretched our capacity, for example on housing, and those who realise that even though we are in a wealthy and fortunate position, there are serious limits on our resources.

Many of those who argue against strong borders and strong action against illegal immigration are not personally affected by illegal immigration. Their wages are not threatened by the black market economy, they do not rely on essential local resources that are taken up with housing migrants, their children are not sent to school with young men who are clearly not children, and their sense of agency and national identity does not rest on the integrity of our borders or the sovereignty of our Parliament.

For those whose lives and culture are not negatively impacted by thousands of people arriving here on small boats, it makes sense to argue for open borders in the name of compassion, but for many people, including many of my constituents, those are luxury beliefs. The reality is that high and clearly visible levels of illegal immigration are a threat to ordinary people’s safety, security, identity and sense of fair play. Believing in and upholding strong borders and firm boundaries is not uncompassionate or bigoted; it is a prerequisite for a fair, safe and cohesive nation.

Ultimately, when boundaries are not upheld or laws not enforced, it is always the vulnerable that suffer, as criminals exploit loopholes and drain much needed finite resources away from those in genuine need. [Interruption.] I will not give way because I have been given a five-minute limit by the Chair.

We all want genuine asylum seekers to be able to find safety here in the UK. As the Minister said, this country is surpassed by only three other nations in our acceptance of refugees from UNHCR schemes. But the exploitation of our borders and laws by those who are not in genuine need and, worse, by abhorrent international people-smuggling gangs is neither fair nor compassionate and it must end. A strengthened Illegal Migration Bill will deter people from making the treacherous journey in small boats, and give us the resources and focus to go after those safe and legal routes that everyone in the House agrees should be there.

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

I rise to speak against the Government clauses before the Committee today and in favour of several amendments that seek to limit their horror and inhumanity.

The changes made by clauses 37 to 48 to the legal and human rights of asylum seekers breach the UK’s human rights obligations. The proposed timescales and tests, combined with the lack of judicial oversight, build in unfairness and undermine access to justice. It is difficult to see how a vulnerable and traumatised person will be able to engage with the process, especially as the provisions do not set out any right to legal advice and representation.

That is one of the many reasons that I support new clause 26 in the name of my hon. Friend the Member for Streatham (Bell Ribeiro-Addy), which would require an equality impact assessment about how people with protected characteristics under the Equality Act 2010 will be impacted by the Bill. Indeed, protections for vulnerable people, pregnant women and children are being tossed aside in favour of new powers to indefinitely detain people at greater risk of harm, including survivors of torture, trafficking and modern slavery.

The new and sweeping powers of arbitrary detention are nothing short of spine chilling. The Bill will increase the number of people detained, while removing the bulk of the essential safeguards that were put in place to protect people, adding to the inherent harm caused by indefinite detention. That is despite the UK’s immigration detention system being plagued by mismanagement, profiteering by private companies and incidents of systemic and direct abuse and neglect, including the scandals reported at Brook House immigration removal centre, the Manston short-term holding facility, Harmondsworth IRC and many others.

What is the purpose of this sweeping and illegitimate restriction of people’s liberties? What is the crime that such individuals have committed to be treated worse than serious criminals and to have fewer rights? Today, this Government propose to punish people for seeking asylum. Not satisfied with that, they seek to ensure that those people cannot challenge this injustice—all essentially to deter anyone else from coming to the UK to seek sanctuary. They are literally planning to persecute the already persecuted.

Denying access to asylum on such a basis undermines the very purpose for which the refugee convention was established. The convention explicitly recognises that refugees may be compelled to enter a country of asylum irregularly. The United Nations Refugee Agency has said:

“Most people fleeing war and persecution are simply unable to access the required passports and visas. There are no safe and ‘legal’ routes available to them.”

The reality is that the UK offers safety to far fewer refugees per capita than the average European country, such as France or Germany, and to far fewer than the countries neighbouring those from which 70% of the refugees from the global south flee. That is why I support new clause 10 tabled by my hon. Friend the Member for Sheffield, Hallam (Olivia Blake), which sets out a requirement to introduce a safe passage visa scheme. She has spoken eloquently about the stories behind the numbers and statistics—the people with real lives, hopes and dreams.

If the Government seriously wanted to protect the lives at risk from small boat crossings, they would back more generous family reunification rights and support safe, functioning routes. Instead, the Bill is the latest in a long line of measures that form their hostile environment and the toxic, racist and xenophobic narrative that is taking hold in many parts of the world, based on fear and the manipulation of that fear. It is immoral, deeply cruel and divisive. It breaks international law, it crushes human rights and it is shameful.

[Tom Hunt]

I have waited for a very long time to speak on the Bill. On Second Reading, I think I waited for four hours but did not get called. I have waited for a good amount of time today, too, but it has only made me more determined to get my points across.

I did not sign any of the amendments before the Committee, but I have sympathy with many of them, particularly amendment 131 in the name of my hon. Friend the Member for Devizes (Danny Kruger), amendment 132 in the name of my right hon. Friend the Member for Middlesbrough South and East Cleveland (Mr Clarke), and amendments 133 and 134 in the name of my hon. Friend and very senior colleague the hon. Member for Stone (Sir William Cash). Although it might surprise some people, I have a little bit of sympathy with amendments 72 to 75 in the name of my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), but I do not think that now—before we have sorted out the scourge of illegal immigration and its impact in this country—is the right time to pursue such amendments.

In a general sense, it will not surprise people to know that I welcome the Bill. We have 45,000 people a year entering the country illegally. They are mostly young men, as has been statistically proven; many are from safe-origin countries; and every single one of them has gone through France and multiple other safe European countries but has refused to claim asylum. They have decided to shop between different safe European countries, and they have come here. Being an economic migrant and moving to the UK because there are job opportunities here is a very noble dream, of course, but my advice to them is to engage with our legal migration points-based system, and we will make a determination as to whether their dream and our needs meet.

We are the party that believes in controlling our borders. We are the party that believes in strong border controls. Labour Members get incredibly sensitive whenever anybody suggests that they believe in open borders, but I simply say to them, “Show me the evidence. Show me the evidence that you believe in controlled immigration. Show me the evidence that you don’t believe in open borders. When I look at your record, every single thing you vote on is against precisely those things, so I don’t think it is unreasonable for me and colleagues to come to the conclusion that you are opposed to all border controls. As I say, show me the evidence.”

I turn to amendment 131. When the Rwanda policy was first introduced, a lot of us supported it because we saw what had happened in Australia. Australia had had a massive problem with illegal immigration, but it went down the route of offshore processing, and today it no longer has that massive problem. It is quite simple. A few Opposition Members are saying, “Australia did not work”, but we looked into this in detail and met Australian officials, and it did work. We think that going ahead with the Rwanda policy, if it were given a chance to work, would provide a significant deterrent. It would save lives at sea, and would enable us to operate the compassionate, controlled asylum system that virtually all of us in this place want.

Illegal Migration Bill

Apsana Begum Excerpts

2nd reading
Monday 13th March 2023 Commons Chamber

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

Just when I think that I cannot be shocked any further by this Government’s inhumanity, they try to rush this abhorrent and unlawful Bill through Parliament. Human rights and legal organisations are calling this one of the most damaging Bills introduced by a British Government in living memory. That is because the Illegal Migration Bill amounts to a refugee ban. It breaches fundamental and internationally recognised human rights, and attacks our way of life and our communities all over the UK.

Let us be clear: persecuting refugees and anti-migrant scaremongering do not benefit the majority of people. The cynical and dangerous use of scapegoating to divide people by an unpopular Government who have overseen a horrifying death toll during the pandemic and continue to inflict hardship and suffering across the UK, damages our communities. We have already seen an alarming rise in violence and intimidation organised by the far right against refugees and refugee accommodation. But beyond the rhetoric, spin and fake news, the fundamental point is that most people in small boats are men, women and children escaping terror and bloodshed. Chillingly, it is a truth that the Government are obviously aware of, because the majority of people arriving in the UK via boats are granted asylum. They are creating a cruel mechanism to deny sanctuary to people who they know are legitimate refugees and in need.

Why are migrants being forced into risking their lives in the first place? It is simple: for many, there are no safe routes to the UK. In 2022, half the men, women and children who crossed the channel in small boats were from Afghanistan, Eritrea, Iran, Sudan or Syria. We know the reasons that people from such countries are displaced, yet only 22 refugees came to the UK on the Afghan citizens resettlement scheme. How can that be true? Just recently, the Government confirmed that they do not intend to introduce any special visa routes for people in Turkey and Syria who have been affected by the earthquakes.

As the daughter of migrants who faced violence and persecution from the far right in east London, I am all too conscious of the consequences of pandering to racists. Whether it is the Bangladeshi community standing up and leading the anti-fascist fightback on Brick Lane following the murder of Altab Ali in 1978, or the Jewish community who came together in the battle of Cable Street in 1936 to stand up to Oswald Mosley, in east London we will never let our communities be divided or targeted. The Government should be saving lives, not salvaging their failing political record. We need an approach that prioritises people’s lives and dignity. We need safe and legal routes to the UK. We need the Bill thrown out of Parliament.

Domestic Abuse and Public Life

Apsana Begum Excerpts

Tuesday 22nd November 2022 Westminster Hall

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

I beg to move,

That this House has considered domestic abuse and public life.

I am delighted to have secured this debate ahead of the International Day for the Elimination of Violence against Women this Friday. Domestic abuse can affect people from all social classes and in all forms of employment, including public life. That is why I am working with MPs from all parties to call for a duty of care to be placed on employers and political parties to ensure that survivors of domestic abuse are not exposed to further harassment. There must be recognition that post-separation control and harassment is a form of domestic abuse itself and can occur long after a relationship or marriage has ended, with different tactics of abuse being used.

I would like to draw attention to the work of the all-party parliamentary group on domestic violence and abuse, which I am honoured to chair, in examining several key issues and policy areas where change is needed to support survivors. I am particularly pleased to see the hon. Member for Burton (Kate Kniveton) here today. I pay tribute to her for her bravery and courage in speaking out about her experiences, and I thank her for the support and solidarity she has shown me.

[Kate Kniveton (Burton) (Con)]

I thank the hon. Lady for securing this debate, which means so much to us both. Does she agree that those of us in public life who have a platform and feel able to should help to eradicate the stigma and shame that many victims of domestic abuse feel by speaking out and raising awareness of the fact that domestic abuse can happen to anybody? By raising awareness, we can encourage those who do not have a platform to speak out and to speak without shame, so that perpetrators of this awful crime, which is so often committed behind closed doors, can no longer be so sure that their crime will go unnoticed.

[Apsana Begum]

I completely agree with the hon. Member; she is absolutely correct. It is so important to be able to give others the hope and courage to come forward. Those of us in public life, I am sure, feel a duty to encourage others to come forward, and feel quite lucky to be in a position to do so.

I want to make it clear that I do not view myself as a victim as such, nor am I seeking to play the “victim card”. In fact, I would argue that such accusations reflect not my weakness, but the weakness of those who make them. The truth is that it is extremely difficult for survivors to come forward. The stigma and the structural and systemic bias is always against us. The use of the courts and the law to threaten and silence us, never mind the trauma of the abuse itself, all too often seems insurmountable.

When I put myself forward to represent my local area, it was with hope for the future. Perhaps stupidly, I thought I could move on. Little did I know then that, a few years later, I would be in court facing a possible jail sentence and, just this June, I would have to present myself to A&E and subsequently be signed off sick. Just as I manage to survive one onslaught, another is coming up ahead—it goes on and on. The wall of institutional gaslighting is chilling.

I have a choice: to submit, to be crushed and then to be swept under the carpet as an unsightly problem, or to speak out. But I know this is not just about me. My experiences have shown that, despite steps forward, including the Domestic Abuse Act 2021, there is still insufficient understanding and awareness. I am very conscious of how survivors struggle against a system that fails them. Today is for them, and I am moved to see campaigners and local women watching this debate.

When I was studying at university, I lived at home, helping care for my father through an extended period of dementia up to his death. I got to know an older man, who had already been married twice, and ended up marrying him and moving in with him. As the relationship progressed, it became more and more volatile and abusive. By the end, I was sleeping in the living room with the sofa pushed up against the door so that he could not get in. I had to wait until he had an appointment in another city before I could plan my escape.

It is commonly assumed that a woman should just leave and her problems will be over, but that is far from the reality for so many. At its core, post-separation abuse is about power: attempting to control and punish in almost any way possible, whether through physical means such as violence, intimidation, threats or stalking, or via remote monitoring, emotional abuse and manipulation. I raised my ex-husband’s behaviour, including the abuse, stalking, harassment and intimidation, with the police on several occasions. Police records regarding him include his being issued with a warning for harassment.

Gradually, I began to rebuild my life, which involved becoming engaged in politics locally, but he continued to make things difficult, including by behaving threateningly and aggressively towards me in public. As soon as I started to indicate that I was going to put myself forward to become Labour’s parliamentary candidate in the general election, it all intensified even further, because of course I was just meant to stay in my lane and be little Apsana Begum. He told people that he was angry that I had not asked his permission to stand for selection.

Smears and rumours were spread about me, and there were threats that he would expose me for who I “really was” in front of the community. I was aware that he had pictures of me without my hijab on; if someone threatens to use something like that against someone now in this country, it is considered an act of intimate image abuse. He was privy to private information: my medical records, my previous mental ill health, and the fact that I had a secret abortion during the early stages of our relationship, which at the time was unknown to anyone, including my family.

This honour-based harassment was about maliciously destroying me in front of elder members of my community. He called campaign team members, making threats that he had been contacted by the media, who had offered to buy stories about me, and telling people that they should make me stand down or else. It all got even worse after I was elected to Parliament. How dare I not listen? How dare I not do what I was told? There were calls to local people who supported me when he was drunk, saying that evidence was being collected for the council to take me to court. He was a sitting councillor at that time.

As such, just two years after being elected as the UK’s first hijab-wearing MP, I had to endure an eight-day trial, which brutally forced me to talk about painful private experiences. While I was found innocent of all charges, I fear that the ordeal of that trial, which cost the council significantly more than the amount I was accused of defrauding it of in the first place, will haunt me for the rest of my life.

The practice of abusers misusing the court system to maintain power and control over their former or current partners, a method sometimes called vexatious or abusive litigation—in other words, stalking by way of the court—is recognised by experts as a form of domestic abuse. I want to explain why I believe this case to have been vexatious and why I want something like it never to happen again.

I first heard of the complaint that led to the case through threats, rumours and the press a month before even being informed officially that an investigation was under way. An article published in The Sun newspaper during the general election even showed a picture of the building where I lived, which was extremely frightening given the risk that this placed me under. I have since found out that the complaint that led to the investigation was made by my ex-husband’s brother-in-law, Syed Nahid Uddin, to coincide with the deadline for final nomination papers to be submitted.

During the trial, my barrister, Helen Law, brought out, through cross-examination of the fraud investigator from the council’s fraud team, a series of conflicts of interest, including that my ex-husband was a member of the council’s audit committee in the same year of the fraud investigation. That committee had governance and oversight over the work of the fraud team. The matter of domestic abuse was actually used against me by the prosecution. It was argued that the abuse was a motive for the alleged crimes. Raj Chada, the criminal defence partner at Hodge Jones & Allen who represented me, argues:

“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.”

At around the same time that I was going through the ordeal of the court case, a group of people who were close to my ex-husband took over the local Labour party, and despite my being vindicated the smears have continued and accountability has been thwarted. Motions in support of me were passed by the local party, but only after they were blocked from even being discussed for months on end. Meanwhile, people who supported me or spoke up for me continued to be targeted, including some who were contacted by my ex-husband himself. I believe that to be an example of what is often called indirect abuse, whereby threats are made against third parties or they are intimidated or manipulated into engaging in behaviours desired by the perpetrator. Those behaviours involve the use of proxies to humiliate and discipline, and ultimately to maintain power and control.

Most recently, while I was unwell, a trigger process —a process that my party uses to decide whether a sitting MP will remain the candidate at future elections— was conducted. Again, I am aware of my ex-husband’s involvement: there are even witnesses who saw him among the reportedly 50 men who stood outside one meeting in a way that many felt was intimidating. In my mind, it is no coincidence that the process was overseen by his associates. To explain and provide further evidence of that conflict of interest, I will give some examples. The procedure secretary who oversees the whole trigger process is close to my ex-husband, and has publicly credited him as one of the reasons why they were elected to their role. One of the local executive observers for two out of the four in-person meetings, who was secretary for another meeting, is a close friend of my ex-husband and has been pictured with him only recently on social media. Another has been the subject of a complaint after he sent an email to all branch members containing a copy of a letter repeating allegations of which I had been cleared and revealing my home address, putting me at risk.

Another close associate of my ex-husband was the secretary overseeing one of the meetings. He had previously been warned by the police to stop harassing me after I reported him for continuing to contact me; I had to ask him to stop unwanted contact after he posted a letter to me through my family member’s letterbox. The chair of one of the meetings was a long-time associate of my ex-husband, who had even approached me in 2018 and asked me to meet him, advocating on my ex-husband’s behalf that I should go back into a relationship with him. I also understand that comments were made in meetings about the fact that I speak too much about domestic abuse, and that the process was about teaching me a lesson. Even the delegated national executive observer has connections to my ex-husband.

Of course, it is up to individuals who they wish to associate with. My point is that such people cannot also oversee a process about my future, because not only can domestic abuse be indirect, but it can involve the use of public status and societal power. That is before one even considers that the trigger process was conducted while I was unwell, and that a litany of complaints have been submitted containing allegations of harassment and misogyny, particularly from local women. I am still in a situation where I have to risk-assess local events, and am unable to participate if the risk is too high or cannot be mitigated. I believe that there must be a duty to ensure inclusive, democratic and safe environments and it deeply saddens me that I continue to be placed in a position where, for safeguarding reasons, I am being prevented from participating fully in public life.

As I have said, my experiences are far from unique. I have been contacted by women and survivors from all over the country and I feel a tremendous duty towards them. Domestic abuse has been hidden for far too long, despite it having serious health consequences for individuals and our society, but after everything I have been through and whatever the future holds, I am determined to raise awareness and campaign for a society where individuals experiencing domestic abuse feel confident that they will be believed, listened to, and given the support they need. Ultimately, I want the UK to be a country where survivors are not thwarted by ongoing harassment and abuse.

[Mr Philip Hollobone (in the Chair)]

The debate can last until 4.30 pm.