Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Baroness Gale Excerpts

2nd reading (Hansard): House of Lords
Friday 10th March 2017 Lords Chamber

Moved by

[Baroness Gale]

That the Bill be now read a second time.

[Baroness Gale (Lab)]

My Lords, it is a great pleasure to bring this important Private Member’s Bill to your Lordships’ House. It has been guided with conviction and passion through the other place by its sponsor, Dr Eilidh Whiteford MP. Its purpose is to unblock the log-jam which has thus far delayed ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, which is better known as the Istanbul convention. It also puts on a statutory footing important mechanisms to hold the Government to account in their progress towards ratification.

The UK signed the Istanbul convention in June 2012, having played an important role in its negotiation and drafting. However, despite the important progress made by the present and previous Governments—including a range of new legislation that prepares the UK for compliance with the treaty, and repeated verbal commitments to the principle of ratification—the process has stalled and, nearly five years on, the treaty remains unratified.

The Istanbul convention is unique, ground-breaking international legislation which enshrines the basic human right of women and girls to live free from violence in both the public and private spheres. Preventing violence against women and domestic violence can save lives and reduce human suffering. The convention focuses on three important aims: preventing violence against women, protecting victims and survivors of abuse, and prosecuting perpetrators. It brings greater coherence, consistency and strategic direction to the important work already undertaken by organisations, communities and governments that aims to eliminate all forms of violence and discrimination against women and promote substantive equality between women and men. It has been hailed as the best piece of international policy and practice for eliminating violence against women that exists anywhere. It is the first legislation that sets minimum standards for government responses to victims and survivors of gender-based violence. The Istanbul convention is broad in scope, and the aims are very specific. Covering criminal, civil and migration law, it sets minimum standards for the protection of survivors and for access to services.

Governments who ratify the convention are required to work to prevent violence and bring about an attitudinal change. It explicitly covers many manifestations of gender- based violence, including physical and psychological abuse, stalking, sexual violence including rape, forced marriages, female genital mutilation and so-called honour crimes. The Istanbul convention is unique in that it understands that states cannot be responsible for preventing violence against women and domestic violence on their own, and calls on countries to work together to tackle cross-border issues. It calls on all members of society to help reach the ultimate goal of a world free from all forms of violence against women and domestic violence. It recognises that women are disproportionately affected by sexual and domestic violence because of underlying gender inequalities, which are also compounded by abuse. The convention also places an emphasis on challenging the misogynistic attitudes that perpetuate gender inequality as a means of preventing violence and abuse.

Preventive measures are not the only important issue. Protecting victims and survivors and providing them with appropriate support are vital. States that ratify the Istanbul convention are required to ensure that accessible shelters exist in sufficient numbers and in adequate geographical distribution. Ratifying the Istanbul convention would put a duty on the Government to ensure that women’s refuges exist and provide important support at a time when women need it most. It also puts on a statutory footing the provision of rape crisis centres, 24-hour advice lines and access to useful information. The Council of Europe says:

“It should be borne in mind that it is not enough to set up protection structures and support services for victims. It is equally important to make sure victims are informed of their rights and know where and how to get help”.


It is an important consideration that anyone can be a victim of sexual violence or domestic abuse, regardless of economic background, age, ethnicity, religion or gender. However, we know that certain characteristics increase the risks: for example, poorer women and disabled women are at a greater risk of domestic abuse, while women from some ethnic minorities or cultural backgrounds are at greater risk of certain forms of gender-based violence.

One question that is asked frequently is, “What about the men?”. I would like to deal with this, because it was a point of contention in the other place. The convention itself explicitly addresses this issue in Article 4, where it makes it clear that its provisions apply to all persons, regardless of gender, and a whole range of other protected characteristics. However, the convention primarily focuses on women, and it is important that it does, because sexual violence and domestic abuse affect women to a hugely disproportionate extent, both in terms of prevalence and severity. In England and Wales in 2015, over 92% of the prosecutions brought for domestic abuse involved a male perpetrator and a female victim. Two women a week die at the hands of a partner or former partner. This does not mean that crimes committed by women against men, or by men against men, are less serious—they are serious—but to ignore the gendered dynamic of such types of crime would be wrong. One woman in four in the UK will experience sexual or domestic violence in her lifetime. The sheer scale of the problem demands that we take it more seriously.

The Joint Committee on Human Rights, in its sixth report of the 2014-15 Session, entitled Violence Against Women and Girls, recommended that the UK Government ratify the Istanbul convention. It raised concerns at the time that the inter-ministerial group had insufficient powers, with witnesses to the committee criticising the group for not taking a holistic approach towards ending violence against women and girls because of the lack of representation from immigration officials. Asylum Aid recommended at the time that the Immigration Minister and UK Visas and Immigration should have representation on the group to ensure that the issues arising are dealt with effectively. I would appreciate it if the Minister said something on this today—or perhaps she could write to me later—as I would like to see these issues addressed.

On 24 November last year, I asked the Minister in your Lordships’ House why the Government had not yet ratified the Istanbul convention and when they intended to do so. The Minister said that the Government were committed to ratifying, but that in order to do so they would need to legislate to take extra-terrestrial jurisdiction over a wide range of offences.

[Noble Lords]

Extraterritorial.

[Baroness Gale]

Did I get that wrong? I thank noble Lords for correcting me, because that would have taken the jurisdiction a lot wider than I intended. As a result of that, I shall refer to extraterritorial jurisdiction as “ETJ” from now on; I think that will be a lot easier.

Perpetrators who are UK nationals or residents can evade prosecution by committing crimes as abhorrent as rape while abroad, and that should stop. There is precedent on ETJ: the Government already exercise such powers for similar offences committed against children overseas. They exercise ETJ in a range of other areas—for example, drugs offences, financial crime, terrorism and other forms of organised crime.

I was pleased to see that the Prime Minister has committed herself to overseeing a new Bill on domestic violence. I hope that such legislation will include the changes necessary to bring the UK into line with Article 44 of the Istanbul convention—that is, those relating to ETJ. Could the Minister outline the intention behind this new legislation and whether it will allow the Government to take ETJ over the necessary offences, ensuring that the UK is compliant with the convention and thereby paving the way for ratification?

There is a real need for action in the efforts to end violence against women. Two women are killed by their partners or former partners every week in England and Wales alone. In the past year, 1.2 million women were victims of domestic abuse in England and Wales. In the same timeframe, across the UK, 87,500 rapes and more than 400,000 sexual assaults were reported to police. It is well known that most cases of sexual assault and rape go unreported, so we must not underestimate the scale of the impact on women and children in our communities. There is clearly a need for action.

Ms Rashida Manjoo, the UN special rapporteur on violence against women, has said:

“Violence against women and girls is the most pervasive human rights violation we face globally, whether in times of peace, conflict or post-conflict transition”.


It is so normalised that we hardly even notice how much we put up with. I was moved by some of the contributions from Members in the other place who spoke courageously of their own experiences. It affects us all. But violence against women is not natural and it is not inevitable.

I turn to the specifics of the Bill. Made up of three clauses, it requires the Secretary of State to report to both Houses on the steps being taken to enable the UK to ratify the convention. It requires the Government to come forward with a timetable by which they will ratify the convention. I was pleased with my meeting with the Minister this week, for which I thank her, to discuss the Bill in the run-up to this debate, and I welcome the Government’s support for the Bill.

Clause 1 requires that the Secretary of State lay a report in both Houses of Parliament setting out the steps necessary to ratify. This includes passing legislation through not only both Houses but the devolved Administrations of Scotland and Northern Ireland. I know the Government are committed to working with the existing devolved Administrations, and I welcome that commitment.

Clause 2 requires the Government to make an annual report to both Houses on the progress toward ratification no later than by 1 November in each year leading up to ratification. That report comes with a Government commitment to make an Oral Statement to Parliament, so that MPs and noble Lords can hold the Government to account on progress towards ratification. The convention itself commits the Government to thorough reporting requirements through annual reports to the Council of Europe’s expert group, GREVIO. It is important that parliamentarians have opportunities to scrutinise this report.

In Committee in the Commons, the Government committed to making an Oral Statement on their compliance with the convention post-ratification. I would be grateful if the Minister made a similar commitment so that these issues can be debated in your Lordships’ House, rather than a report merely being placed in our Library.

The Bill is short and simple but it has proved to be important, unlocking the logjam in Government departments. I hope it will lead to ratification at the earliest possible opportunity. While we in this place have the privilege to shape and develop legislation, we need to take cognisance of our responsibilities too. I have been heartened by the powerful civil society movement of women and men across the UK who have campaigned for the UK to ratify the convention.

The breadth of support from organisations and activists shows the strength of feeling on this issue. The IC Change campaign is one of the most inspiring campaigns. Run by volunteers, it helped to mobilise thousands of people the length and breadth of the country to engage with MPs in order to get the Bill through the other place. The women who led that campaign should be very proud. It is often the norm for civil society to be out in front on issues such as this. Women activists have campaigned, and Parliament has to try to keep up.

In the other place, the Bill was expertly stewarded by Dr Eilidh Whiteford, in the face of some adversity, but with overwhelming cross-party support, including from the government and opposition Front Benches. This Bill is important. It gives us the opportunity of oversight towards ratification, and a timetable—hopefully short—within which that can be achieved. I beg to move.

--- Later in debate ---

[Baroness Gale]

My Lords, I thank all noble Members of the House who have taken part. I especially thank the noble and learned Lord, Lord Brown of Eaton-under-Heywood, for his contribution and all the wonderful work he has done in this field. I also thank the right reverend Prelate the Bishop of St Albans for speaking about his experiences of listening to women who have suffered domestic violence and for bringing that to the House. I mention the two male Peers who spoke because we need women and men to take part—this issue is not just for women, as other noble Lords have pointed out.

I thank the noble Baroness, Lady Uddin, for her support and for talking about her experience in this field. I also thank the noble Baroness, Lady Hamwee, for her work on the Joint Committee on Human Rights and for speaking about how that committee wants the Istanbul convention to be ratified. I was interested in the intervention by my noble friend Lady Farrington, who said that some people think that such behaviour does not happen in their area. We know that it happens everywhere, in every county in England, Wales and Scotland—and in the whole world, actually. No country is free from it, which is why it is really important to take action.

I thank my noble friend Lady Sherlock for the Opposition’s support. There is support for the Bill right across the House—I thank the Minister for her support, too—and I am sure that working together with other Members, we will get it through. I look forward to working with the Minister and I am sure that in getting the Bill through your Lordships’ House, she will keep my feet firmly on the ground and make sure that it does not end up in outer space.

I know we will get compliance because the Government seem determined to do that. I thank everyone again, including the Minister for her co-operation, and I ask the House to give the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.