Victims and Prisoners Bill

Baroness Bertin Excerpts

Committee stage
Monday 5th February 2024 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak also to Amendments 77 and 107 in my name, and in support of Amendment 80, to which I have added my name. I very much support Amendment 75, in the name of the noble Baroness, Lady Brinton, but believe it could be strengthened: first by specific reference to domestic abuse—in particular, to controlling or coercive behaviour, including economic abuse—and secondly by ensuring that such training is delivered by specialist providers in the violence against women and girls sector. I tabled my Amendments 76 and 77 on behalf of Surviving Economic Abuse—SEA—with which I worked closely on the Domestic Abuse Act and for whose help on the amendments I am grateful.

As an officer of the APPG on Domestic Abuse and Violence, I have been struck by how often the domestic abuse sector has referred to the need for “training” or “improved training” on domestic abuse—particularly coercive control, including economic abuse—for those working in the criminal justice system. According to SEA, 5.5 million women experienced economic abuse from a current or former partner in the previous 12 months. As I argued earlier, it causes significant hardship, damages mental and physical health and makes it harder for a survivor to leave the abuser, putting them and their children at increased risk of further harm or even being killed. It also often continues long after separation, yet for those who build up the confidence to report it to the police, the criminal justice system is not using all its powers to tackle controlling or coercive behaviour, including economic abuse.

The latest criminal justice statistics from ONS showed that there were nearly 44,000 reports of coercive control recorded by the police in the year ending in March 2023, yet there were just 611 court proceedings and 566 convictions handed down in the year ending the previous December. Evidence shows that in many cases, the police rank economic issues as “low” when it comes to risk. They tend to focus on gathering evidence of physical abuse, even when victims disclose economic abuse. This is leading to perpetrators not being held to account for this crime, and victim-survivors left without true justice and at risk of further economic abuse. It is also particularly concerning given that economic issues were identified in just over a third of intimate-partner homicides analysed by the Home Office.

SEA has demonstrated that, when training is developed and delivered by specialist providers and is informed by the lived experience of survivors, it can positively change practice. Following training it developed and delivered to domestic abuse champions in 10 police forces, in partnership with SafeLives, nine in 10 police officers could recognise economic abuse and knew how to gather evidence to support a prosecution. There is a real danger that the positive steps that the Government have taken to tackle this form of abuse will be undermined by a lack of understanding on the part of the police and others in the criminal justice system. This can be straightforwardly addressed through access to necessary training, so that criminal justice professionals can identify controlling and coercive behaviour, including economic abuse, effectively build a case for prosecution and make sure that victims are referred to life-saving specialist support. I hope, therefore, that the Government will look sympathetically on these amendments.

I have tabled Amendment 107 as a probing amendment, designed to explore the issue of the use of a victim’s personal data for immigration purposes. Its substance has been promoted consistently and forcefully by the domestic abuse commissioner, and organisations supporting migrant victims of crime. In his letter of 12 January to Peers, the noble and learned Lord, Lord Bellamy, acknowledged the importance of victims and witnesses being free to report crimes without fear, and that it is in the interests of the general public for all crimes to be fully investigated. But then he continued:

“We are, however, also duty bound to maintain an effective immigration system to protect our public services and to save the most vulnerable from exploitation because of their insecure immigration status”.


Can the Minister tell us how this is consistent with the repeated ministerial claim that domestic abuse victims/survivors must be treated as victims first and foremost, regardless of immigration status, given that the argument is, in effect, putting immigration status first—not “safety before status”, in the phrase used by the domestic abuse commissioner?

The reference to safeguarding those most vulnerable to experiencing serious crime because of their insecure immigration status simply does not make sense. As the DAC and all the organisations in the field, notably the Latin American Women’s Rights Service, point out, the absence of a firewall, in the DAC’s words,

“allows dangerous offenders to continue to abuse with impunity; safe in the knowledge that their victims … are too afraid of enforcement action to report to the police”.

The DAC has heard from many migrant victims and survivors that contact from immigration enforcement, particularly following a disclosure to the police or other statutory services, can instil fear and insecurity and prevent them coming forward for support in the future. In fact, recent data has shown that all police forces in England and Wales have referred victims or survivors of abuse to immigration enforcement in the last three years. Victim Support states that this is often the reason why victim-survivors do not seek support sooner.

The DAC’s concerns were echoed in the pre-legislative scrutiny report. This cited evidence from the organisation Imkaan that more than 90% of abused women with insecure immigration status had their abusers use the threat of their removal from the UK to dissuade them from reporting the abuse. It argued that the lack of a firewall denies safety to victims and witnesses and may allow perpetrators to commit further offences. No doubt the Minister will argue that these concerns will be addressed in the forthcoming immigration enforcement migrant victims protocol that the noble and learned Lord, Lord Bellamy, mentioned in his letter. It is disappointing that the protocol has still not been published, despite it originally being promised at the end of last year. According to a recent Written Answer to me, it is now expected in “early 2024”. But, given that the Home Office can be rather vague in its temporal references, can the Minister say what is meant by “early”?

However, as the noble and learned Lord, Lord Bellamy, said in his letter, we know it will put limits on immigration enforcement action against migrant victims. But that is not enough to satisfy the domestic abuse commissioner, who argued that victims would still be open to contact from immigration enforcement, meaning that the fear of any immigration enforcement is not removed, and nor is the risk of potential immigration action once criminal proceedings conclude—which, for the victims and survivors of domestic abuse, can be within days. In view of the DAC’s continued concern, I urge the Minister to look again at this.

Turning to Amendment 80, the domestic abuse commissioner told the Public Bill Committee that one of her main concerns when it comes to genuinely providing services for all is the continued exclusion of migrant survivors, which could, she argued, be

“fixed quite simply by allowing recourse to public funds for domestic abuse survivors”.

According to the briefing from Southall Black Sisters and four other on-the-ground organisations, these women continue to face a stark choice between domestic abuse or deportation and destitution. Many are unable even to enter a women’s refuge, as they cannot pay their rent or living costs, as they are not eligible for housing or other social security benefits. Women and their children are vulnerable to homelessness and exploitation and can be locked in new, dangerous situations or even driven back to abusive relationships.

We tried to address this issue with amendments to the Domestic Abuse Bill, which were resisted by the Government. The current amendment is much more limited so as to remain within scope; the hope was that the Government would look more kindly on it—yet still they resist it, or they did so in the Commons. When it was proposed in Committee there, the Minister responded that victims without recourse to public funds are eligible for support under the terms of the code. However, he acknowledged that the “no recourse” rule affects the ability of victims of domestic abuse with insecure immigration status to access some accommodation-based support services. He went on to pray in aid the pilot established in 2020, as if that negated the need for the amendment, but did not otherwise offer any substantive arguments.

That year—2020—the Government said that they would consider the pilot’s findings once the evaluation was published and develop sustainable options for the future. The independent evaluation funded by the Home Office was published last year, as was an academic evaluation for SBS. The pilot demonstrated the need for support for this group, and the evaluation found that for the most part it performed well in meeting the immediate and emergency needs of victims and survivors. But it also identified problems with, for instance, the level of subsistence payments—a particular issue for those with children, according to the SBS evaluation—and the provision of suitable accommodation within the constraints of a pilot.

With regard to the latter, the report for the Home Office noted:

“Refuges could almost never be covered within the accommodation budget, meaning that some victims/survivors were housed in a patchwork of other provision which might be unclean, unsafe, or unreliable”.


The evaluators made it clear that it was outside their remit to provide policy recommendations but concluded with the

“hope that the insights contained within this report will help to provide the support needed to victims/survivors with NRPF”.

Well, they will be disappointed, because instead of the long-term solutions, together with a clear timetable for implementation, to which the Home Office committed itself in principle back in 2022 following a DAC report, the response to the evaluations was to extend the pilot yet again—this time to 2025.

I asked at Second Reading for an explanation of why the Government have failed to come forward with the long-term solutions originally promised in principle, now that they have the findings from two evaluations. I did not get an answer; nor was there one in the detailed letter from the noble and learned Lord, Lord Bellamy, which simply set out the current position. I would be grateful if the Minister could provide an explanation now.

More fundamentally, could we have a clear explanation as to why the Government are rejecting this very modest amendment? In the Commons, Sarah Champion suggested that it was due to the hostile environment towards people from overseas. I hope that the Minister can assure us that this is not the case. Surely, whatever one thinks of the hostile/compliant environment, it should be irrelevant if policy is to reflect the ministerial mantra cited by the noble Baroness, Lady Williams of Trafford, in a Written Answer that

“anyone who has suffered domestic abuse must be treated as a victim first and foremost, regardless of immigration status”.

That point applies also to Amendment 107 on the firewall. I beg to move.

[Baroness Bertin (Con)]

I rise to say very quickly, because I know that we are trying to get through this, how much I support Amendment 75. To be perfectly honest, I find it deeply depressing that we have had so many debates and so much legislation on this issue and it is still so patchy. We have 43 police forces around this country, and we are still the victims of, or are at the mercy of, the priorities of those forces. We have a strategic policing requirement that includes violence against women and girls and domestic abuse, yet I am not sure that we are seeing it put into action. I wholeheartedly support this proposal, in the hope that the Government take it on board.