European Union (Withdrawal) Bill

Debate between Baroness Kennedy of Shaws and Baroness Lister of Burtersett

Report: 3rd sitting (Hansard): House of Lords
Wednesday 25th April 2018 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

My Lords, this amendment relates to the incredible collaboration that takes place across Europe relating to violence towards women and girls—and, indeed, boys as well as girls. Here we are talking about the ways in which this kind of violence, which we know exists in our society, can now travel across borders. There has been real co-operation between the nations of the EU in creating orders that protect people who are vulnerable to abuse and violence, and that work has been essential progress towards the creation of better societies. It has certainly provided a great deal of protection for very vulnerable people.

Noble Lords will see that in the amendment, in which I am supported by others, I have called for this House to ensure that the Government in no way introduce law that would diminish the protections in relation to protected persons that are set out in our own legislation where we adopt European protection orders. I am going to speak about this amendment in relation to two other amendments that also bear my name, Amendments 67 and 69, which also deal with the issue of tackling violence against women and girls.

The special protection orders that have been created across Europe have been very important in the area of domestic violence, particularly where there are marriages, partnerships or relationships across borders where, after the breakdown of relationships, there can often be pursuit of victims who have returned to their families living elsewhere. That could be British women returning to Britain or in the opposite direction, where they are fleeing the kind of trolling and pursuit that is put in place by partners who will not accept the end of relationships and who inflict violence upon women and their families. Protected persons orders have been hugely important in dealing with this across borders, and because of mutual recognition they can be enforced in other places apart from the place in which the order has come into being. We are anxious that the regulations that have created that should not be vulnerable to change without the scrutiny of Parliament because they are so important to protection.

I turn to the other matters that link to this. In Amendment 67, I have sought to do something that I have done in other cases too. Many of us who are lawyers and who see how the working of law across borders has been so effective are anxious that arrangements may be made where it is possible that we will see that they are not working only in the aftermath, in the period immediately afterwards. We need to have some kind of safety nets, particularly where we are talking about vulnerability to violence. We need those safety nets to ensure that matters can be brought back into review and monitored carefully after we leave Europe.

Therefore, in Amendment 67 I call for a reporting back to monitor the effectiveness of whatever is put in place of what we have now—which I hope will follow closely what we already have. The concern is that we cannot legislate for reciprocity; we need something else to ensure that reciprocity is working. There may be a commitment to it, but we must ensure that it is working. That is why we are calling for, within a month of the passing of the Act and then every calendar year thereafter, the laying before Parliament of a report on the continued co-operation with the European Union on tackling violence against women and girls.

I remind the House that what we are talking about here is maintaining common rights of victims of domestic violence and sexual abuse who move across borders—and that includes trafficking. We are also talking about reducing female genital mutilation, which is one of the areas on which we have had very close co-operation because of the movement of girls to other parts of Europe and sometimes then outside Europe. Even within Europe people have been taken across borders to places where female genital mutilation frequently happens. The orders are also used to reduce child sexual exploitation and to enable data sharing between agencies about this kind of abuse. We should monitor to ensure that we do not let this work fall between the slats once we have left and simply rely on good will and co-operation, which may not actually work in the aftermath.

Amendment 69 deals with the funding for ending violence against women and girls. Again, colleagues and I are calling for a report to be made to both Houses of Parliament by the Secretary of State, within a month of the passing of the Act and thereafter once a year, to let us know about the position with regard to the loss of EU funding. The loss of that funding will have serious consequences for the work done in this area. European money goes into very real research, service provision and other activities relating to the ending of violence against women and girls. I have seen this up close, in the academic world but also in organisations that do that important work. If the money is not going to come from Europe, I want to know whether there will be comparable resources for all those elements that we have been working on. Will there be funding from the Government for that? There will be an awful lot of calls on government funding, and it is important that money is not taken away from this area.

Half the population care about this sort of stuff. They care about preventing violence towards women and girls, and they want to see that work continue. It is best done in collaboration with other countries, so I would like to hear from the Minister what is planned for the future, and whether there could be a commitment to reporting back on a regular basis so that we can keep these matters within our sights. I beg to move.

[Baroness Lister of Burtersett (Lab)]

My Lords, I support my noble friend, and will speak in particular to Amendment 69. In Committee, I asked a number of questions about the future of domestic abuse funding, and when the Minister did not answer them in her wind-up speech I asked if she could write to all who had spoken in the debate—but letter came there none. So forgive me if I repeat those questions now.

First, what criteria will be used to decide whether future structural fund commitments will be met up to 2020, so long as they, as the Government put it, represent value for money and align with “domestic priorities”? Surely domestic abuse projects must align with domestic priorities, given the proposed domestic abuse strategy—even though the consultation document on that strategy says nothing about the future of EU funding. Can the Minister confirm that they will be considered to be in alignment with those priorities, so they will be protected until 2020?

Secondly, will the Minister give an assurance about the future of the Rights, Equality and Citizenship Programme, which supports progress on equality and human rights, including through front-line services for people experiencing domestic abuse? At the end of her speech, she gave some crumbs of hope when she said that she would look at Hansard and see whether the Government could provide any further comfort on the back of the debate we had then. I hope, too, that she might have been able to read the debate on the recent Question for Short Debate on domestic abuse, in which most speakers from all parts of the House emphasised the importance of adequate funding for domestic abuse, and expressed fears about current proposals for reforming the basis of that funding.

That is the context for this amendment. If the Government are not willing to accept, in particular, Amendment 69, which is incredibly modest in what it asks for, that will send out a negative message to survivors of domestic abuse, and to the organisations such as Women’s Aid that work with them.