Domestic Abuse Bill

Baroness Helic Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[The Lord Bishop of Gloucester [V]]

My Lords, I am again glad to speak in this Committee and draw attention to my interests in the register. It is a great honour to follow the noble Lord, Lord Rosser, and I thank him for his excellent speech.

Amendment 151, in my name, seeks to ensure that migrant victims of abuse have access to refuge spaces and essential support services, as with other victims of abuse. I thank all noble Lords, including the noble Lords, Lord Rosser and Lord Alton of Liverpool, and the noble Baroness, Lady Hamwee, who have added their names in support of this amendment.

The existing domestic violence rule, or DV rule, is a proven route for a limited group of survivors, including those on certain spousal or partner visas, ensuring that they are able to regularise their immigration status independent of their perpetrator, and can access public funds for a limited time while the application is considered. Since 2002, this has given migrant women a lifeline—an escape route out of abuse, removing the power from abusers who threaten detention, deportation, destitution and separation from children.

However, the current rule excludes survivors who for one reason or another are dependent on their perpetrator for their status, or who have other expectations of staying in the country, such as having settled or British children, or being unable to return to their country of origin due to risk of further harm on return. Extending the DV rule to a slightly larger category of migrant survivors of abuse offers them security in what are often highly complex and challenging situations. As we have heard, the number of additional applications likely to be made each year under an extended eligibility criterion is estimated, on the basis of data from Southall Black Sisters and Women’s Aid, to be in the low thousands. But for those highly vulnerable individuals, the impact would be immeasurable. At this point, I add my own thanks to SBS for its excellent and tireless work.

The Istanbul convention has been mentioned previously in Committee, and I draw attention to Articles 4 and 59, which, as we have heard, the Government have signed and are committed to ratifying. They require victims to be protected regardless of their immigration status. This amendment and others presented to your Lordships provide an opportunity for the Government to take steps in the right direction.

Women without secure immigration status find it virtually impossible to access refuge and other welfare support to escape abuse. As we have heard, with no recourse to public funds or housing support, they are routinely denied access to safe accommodation and welfare refuge spaces. Only about 5.8% of refuge beds are available to women without recourse to public funds. They are therefore faced with the impossible decision of becoming destitute and homeless and separated from their children or returning to their perpetrator. This traps many women in abuse that often escalates, creating greater risks and vulnerability. Perpetrators regularly weaponise women’s lack of secure immigration status and economic independence to exert absolute control and keep them in a state of fear, often providing false information, withholding essential documentation, and interfering with applications such that women become overstayers and undocumented as a direct result.

As has been repeatedly said across debates, behind every statistic is a unique individual—so just one story. Last year, Hamida—not her real name—went to Southall Black Sisters seeking safety and help regarding the return of her child, who remained with her abusive partner, and assistance in regularising her immigration status. She had no money to support herself or to seek legal advice. She had originally entered the UK from Morocco on a tourist visa, having been persuaded to do so by her British partner. Soon after arriving she was abused, and her partner began to control every aspect of her life and forbade her even to speak to anyone. He also put her to work as a carer for an elderly lady and demanded that she give him all her earnings. She was subjected to sexual violence and rape. When she discovered that she was pregnant, her visa had expired and she could not return home, as her family had made it clear that her single mother status would bring disgrace and shame on them.

Hamida stayed. She had an Islamic marriage, but continued to be subject to abuse. She had no door key and no phone; her husband told her that he would never register the baby as British, as it would give her a route to resettlement in the UK. In the final weeks of her pregnancy, she was kept locked in a store cupboard at his workplace without food. Eventually, she made a disclosure to social services after her husband took the child away from her; as a result, her child was placed on a child protection register and Hamida was referred to Southall Black Sisters.

This brief portrait illustrates the immense challenges that Hamida has faced. Due to her exclusion from the DV rule, she has endured more than nine months of anxiety and uncertainty since escaping violence. She is dependent on donations for her survival and has no security about her future. She is unable to process the trauma that she has faced and remains in ongoing child contact proceedings to reunite with her baby. No survivor deserves to face such trauma and hardship after fleeing violence.

That is just one story. Research has shown that most women on non-spousal visas require assistance for periods of three to eight months and some even longer, because they have often had long and complicated abuse and immigration histories. With this Bill, we have an opportunity to intervene and relieve these women of their suffering, and we must take it.

In response to this clear gap, the Government announced a one-year pilot scheme to assess better the level of need for this group of victims and inform spending review decisions on longer-term funding. However, the £1.4 million offered to run the pilot project is inadequate to meet the needs of all vulnerable migrant women who need crisis support. As an example, the pilot project has set a financial cap on the rent payable for each woman, based on local authority housing allowance rates, which can be as low as £70 per week. There is also a cap on the subsistence payments that can be made to each woman to meet other basic needs, which cannot exceed £37 a week. These rates are inadequate to avert destitution, not least in even being able to pay for refuge accommodation. Furthermore, as we have heard, it is estimated that the number of migrant survivors who require support is probably between 3,000 to 5,000 a year. The pilot project is likely to provide only minimal support for up to 500 women for a maximum period of 12 weeks.

My next objection is that if this pilot is aiming to collect more data, I highlight that that has already been submitted by key specialist organisations during the review process. SBS and the Latin American Women’s Rights Service published a formal and detailed response to the Home Office’s migrant victims of domestic abuse review in September 2020. As far as I am aware, there still has been no response.

The pilot project has failed to allow for the impact of Brexit, which is expected to lead to a significant increase in the numbers of women who will be excluded from protection as they will now be subject to the same immigration rules as non-EU nationals, including restrictions on recourse to public funds.

Lastly, and perhaps most significantly, the pilot scheme does not guarantee that any lasting change will follow when the scheme is ended. Running a pilot that gives no long-term assurance of anything in the Bill at the end of it is not an option. Only legislative protection for this vulnerable cohort of women will ensure that the Bill delivers its promise as landmark legislation that can deliver protection for all survivors in the UK.

The Bill provides the Government a significant opportunity to address the gaps in protection for migrant women with insecure immigration status. As a Christian, I am called to love my neighbour and welcome the stranger. This includes showing mercy and justice towards refugees and immigrants, perhaps especially so for those whose hope has been extinguished by abusive partners. I urge the Government to support the amendment.

[Baroness Helic (Con) [V]]

My Lords [Inaudible.]

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am afraid we are having difficulty hearing my noble friend. I wonder whether she might give it another go; otherwise, we will have to move on and revert to her when the problem is sorted.

[Baroness Helic (Con) [V]]

[Inaudible.]

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I think we must move on. I call the noble Baroness, Lady Hamwee.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I think it is now possible to hear from the noble Baroness, Lady Helic, so I call her again.

[Baroness Helic (Con) [V]]

I hope that you can hear me better now. I will speak to Amendment 160, which stands in my name. I take this opportunity to thank the noble Baronesses, Lady Wilcox and Lady Hussein-Ece, and the noble and learned Baroness, Lady Butler-Sloss, for their support. It is also a pleasure to follow the powerful speeches that have just been made; their arguments about the needs of migrant women are compelling and compassionate.

Amendments 148 and 151 are important and have my full support. In particular, I will focus on Amendment 160, on non-discrimination. It is not just about migrants or women; it is about making sure that all victims and survivors of domestic violence, whoever they are, get the support and justice they deserve and that we owe them. This amendment is also about international obligations and the Istanbul convention.

I started my work focusing on this Bill as someone who has spent a lot of time thinking about foreign policy, which I still care about—but I know how important it is that we meet our treaty commitments. The Government are rightly proud of their work on girls’ education, and we used to lead on the Preventing Sexual Violence in Conflict Initiative; we have a good record on leading on these issues internationally. However, leadership requires moral authority as well: it requires us to do the right thing at home rather than just speak about it abroad.

The Government’s intention to ratify the Istanbul convention as soon as possible is very welcome, but gaps remain nine years after we signed, as the Government themselves acknowledge. The last review, in October, flagged progress on Articles 4(3) and 59 as “under review”, pending the outcome of the migrant victim pilot scheme. The Government have signalled their intention to wait, but we have an opportunity to set things right here and now.

As we have just heard, there is extensive evidence of the needs of migrant women and the precarious situation they are in. There is no need for the further delays that the pilot scheme entails and no need to wait to find new legislation to address a problem we face now. This Bill is a natural home for efforts to tackle domestic abuse; why should we knowingly leave areas out of it? If we want to get the Istanbul convention ratified, as the Government have said they do and as I believe we must, we will need to improve protection for migrant women as well. It is better to do that now than to delay it needlessly.

As such, this amendment is necessary in order to ratify the Istanbul convention. It also has an important role to play in making sure that the Bill’s provisions actually work for survivors, whoever they are and wherever they come from. There is a reason why the Istanbul convention contains an explicit list of non-discrimination grounds—it is not about giving us a warm fuzzy feeling; it is based on empirical research into whether victims of domestic violence and abuse seek help, how they do so and what help they get.

We can pass all the reforms we like to the courts, but most migrant and refugee victims never get to that stage. If we are serious about wanting to help all victims of domestic abuse, we need to ensure that we are not discriminating against some of them. By enshrining a principle of equal protection, this amendment would ensure a consistent and cohesive approach to victims, wherever they are.

Research by King’s College London and the Latin American Women’s Rights Service found that 46% of migrant women were denied support by the police when reporting abuse. The report on police and crime commissioners’ approaches to violence against women and girls found that the responses varied widely across the country, with some deemed “very inconsistent” and even “haphazard”. This adds to the well-known barriers to disclosure and reporting that all victims of domestic violence face. By making sure that equal protection is embedded in the law, the amendment will both shape the response of public authorities and give victims the confidence to come forward in the first place.

This amendment is supported by End Violence Against Women, a coalition of hundreds of specialist services, academics, activists and NGOs. It is supported by informed organisations such as Southall Black Sisters, which work with black and minority victims of domestic violence. It is supported by the Equality and Human Rights Commission. They all say that the current local authority duty in the Bill will not tackle the barriers and challenges that BME and migrant survivors face in accessing refuge unless there is a clear legal commitment to equal support.