European Union (Withdrawal) Bill

Baroness Thornton Excerpts

Monday 19th March 2018 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I want to say one or two words, not least because I thought it might be appropriate to have at least one male voice speaking in this debate about violence against women and girls. I declare my trusteeship of Coram, which contains the Coram Children’s Legal Centre. The centre often gives advice and tries to help the victims of domestic abuse—particularly children, including girls and boys.

As ever, these are probing amendments and we do not expect the Minister to come up with a list of magic solutions. However, we are concerned with two key areas. One is to seek reassurance that the levels and types of co-operation currently in place will, to the best of the Government’s ability, continue to be as effective—and even more effective in the future. The second is to seek reassurance that the sources of funding, some of which are plugging important gaps that we have been unable to fill domestically in the recent past, will not be unwittingly left behind.

Nobody suggests for a moment that Her Majesty’s Government do not care about these things. When I googled what the Prime Minister said about violence against women and girls, I saw that one of her first speeches when she became Home Secretary in 2010 was at a Women’s Aid conference, when she said:

“As both Home Secretary and minister for women and equalities I believe I have a unique opportunity to bring about real change to the lives and the status of women in this country and my ambition is nothing less than ending violence against women and girls”.


I am sure the Minister would agree with that.

We are not looking for chapter, book and verse. The Government have put a huge amount of effort into this. I returned to Google and looked at the Home Office website on violence against women and girls. It has no fewer than seven pages full of a whole variety of initiatives and policy statements that the coalition Government and now the current Government have undertaken and made, so it is not for lack of activity or lack of trying. We are concerned to try to ensure that that momentum continues. We are really trying to make three points. I think we know the answer to the first, which is whether the Government are aware of our concerns. Secondly, are they actively reviewing the content and looking at how to try to sort some of these out? Thirdly, to the best of their ability, can they remedy any of the unintended consequences?

Lastly, I put on the record an apology to the House. Two weeks ago, I fell an unwitting victim to what I believe the President of another country calls fake news. After googling some contributions by the noble Lord, Lord Callanan, I inadvertently attributed to him a mildly scurrilous article that appeared to be in his name in the Sun newspaper—a well-known and respectable organ. However, it turned out not to be the case. I have apologised to him in person, and I am now apologising to the House. My comments at cols. 924 and 925 of Hansard on Monday 5 March were not entirely correct.

[Baroness Thornton (Lab)]

That was a very nicely put apology.

It is important to remind ourselves that European policy currently ensures that victims escaping violence are able to access basic provisions and that restraining orders put on abusive partners apply across the whole EU. Those fleeing domestic violence across borders within the EU have the European protection order—as mentioned by several noble Lords—which is recognised across the EU. There is no guarantee we can see at the moment that this will continue to include the UK. As for women with insecure immigration status, a female migrant worker escaping violence in the UK would need to rely on the social security system, putting them in a weak position. We have to ensure these vulnerable women are protected and safeguarded. If we do not, they almost certainly will not be.

These two amendments are about issues that we have generally addressed in the House, which is that we do not want to see any gaps. We do not want to see Brexit happening and gaps in the provision of protection—in this case, for women and girls facing violence. My noble friend Lady Kennedy explained very ably what assurances we need from the Minister. They are about policy, funding and implementation. I think that every single person who has spoken in this debate has in some way or other mentioned policy, implementation, continuity and assurance. The noble and learned Baroness, Lady Butler-Sloss, is completely right that the EU protection order and the EU arrest warrant are absolutely vital in this context.

I thank the Fawcett Society and Her Future, which includes 25 organisations that are intimately and actively involved in the protection of women and girls. They are very concerned about the fact that some of them will fall off a cliff if European funding is removed. They are very concerned about the implications that that will have for women and girls across Europe. From these Benches, I echo that we very much support these amendments and that we are seeking the assurance that many—I think all—noble Lords have raised today.

[Baroness Goldie (Con)]

My Lords, I thank the noble Lord, Lord Russell, for his very gracious apology, and I am sure that if my noble friend Lord Callanan were present he would wish to acknowledge it in person.

The noble Baroness, Lady Kennedy, has raised an issue of great importance, and I thank her for tabling this amendment. It touches on issues that invite concern and lead people, not just across this House but universally, to seek reassurance. It may assist the House if I explain that the Government are taking forward a range of work to tackle violence against women and girls and if I set out the Government’s position on current and future international co-operation on these issues. I appreciate that, as far as the noble Baroness is concerned, I am probably teaching a very young grandmother how to suck eggs, and I apologise for that in advance. However, I hope that in giving this further explanation I will reassure her that, while her amendments are undoubtedly well-intended, at this stage they are unnecessary.

Ending violence against women and girls, and protecting and supporting victims, remain a key priority for this Government. The UK continues to be a global leader in its efforts to tackle violence against women and girls, and it is our reforms to domestic law that in turn help to support a stronger international framework; that is something that it is very important to acknowledge. Our cross-government violence against women and girls strategy outlines our ambition that no victim of abuse should be turned away from the support that she needs, and is underpinned by increased funding of £100 million through to 2020. We have put in place a range of measures to tackle violence against women and girls, including the criminalisation of forced marriage, two new stalking laws, the national rollout of domestic violence protection orders and the domestic violence disclosure scheme, and a new offence of domestic abuse covering controlling and coercive behaviour, which I think many will acknowledge is a very welcome extension of the law. We have also introduced new guidance on domestic homicide reviews and a new domestic abuse statistical tool and dataset that brings together comprehensive data on domestic abuse at a local level.

We are proud of the progress that we have led, but we know that there is more to do. The prevalence of these crimes continues to be unacceptable, with violence or the threat of it, sadly and appallingly, a daily reality for millions of women and girls in the UK and internationally. That is why we will continue to build on this work, driving forward our agenda to further address these injustices. We have committed to publishing a landmark draft domestic abuse Bill and are supporting the introduction of a new civil stalking protection Bill to protect victims at the earliest possible stage. The domestic abuse Bill will protect and support victims, recognise the lifelong impact that domestic abuse can have on children, make sure that agencies effectively respond to domestic abuse and extend our extraterritorial jurisdiction over violence against women and girls-related offences in England and Wales.

We have clear mechanisms for reporting on our progress. I know that the noble Baroness, Lady Kennedy, said that she hoped I was not going to give the stock response that had been given in the other place—but I am the mere obedient servant of my masters, so I have to say that I am not permitted or authorised to stray beyond what the Government have already indicated is their position. However, I will point out that we are already required to lay annual reports in Parliament on this issue in the context of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence—the Istanbul convention to which the noble Baroness referred.

It was the coalition Government who signed the Istanbul convention in 2012 to demonstrate their strong commitment to tackling violence against women and girls, and this Government have made absolutely clear our commitment to ratifying it. The convention sets forth obligations on parties to take a co-ordinated, coherent and cross-border approach to tackling violence against women and girls, and it is the first pan-European and legally binding instrument to provide a comprehensive set of standards. The convention highlights the need for more effective international and regional co-operation and, while there is no one-size-fits-all model in our approach, I suggest that the measures within the convention will ensure that more robust action is taken through legally binding and harmonised standards.

[Baroness Thornton]

Does the Minister mean to say that the safeguards contained in the European protection order will be continued? Is that what will happen?

--- Later in debate ---

[Baroness Deech (CB)]

Will the existing Hague convention on maintenance cover the situation? From what I have learned there are dozens, if not hundreds, of other states with which we have reciprocal arrangements for enforcing child maintenance. Some say that once we leave Europe, and leave the Brussels conventions, it will be simpler. We will simply have one international regime. There are those who say that it is actually better than the Brussels regime. All we need to do is sign up as an individual member—not as an EU member—of the Hague maintenance convention with its advantages stretching all around the world. I would like to be reassured that that will be just as good as the situation that we have at the moment.

I also support other Members in pointing out how very bad child maintenance law is at the moment in this country. It is very difficult to enforce in England, let alone elsewhere, but this is not the time to go into the great failings of that particular area of the law. We need to know whether the Hague convention will do, and whether we will sign up with the necessary three months’ notice before we exit from the Brussels conventions.

[Baroness Thornton]

I say to the noble Baroness, Lady Deech, that her neighbour, the noble and learned Baroness, Lady Butler-Sloss, was shaking her head during her remarks about the Hague convention and its applicability in this case. We are again talking about reciprocity and gaps. This is a theme that noble Lords will recognise has run throughout this Bill. My noble friend Lady Sherlock spoke about it at Second Reading and at an earlier stage in Committee, painting some very vivid and moving pictures about all of these issues to do with divorce, maintenance and safeguarding children. This is yet another step along that road.

These are issues that affect ordinary people who happen to marry people from another country and have children with them. These are everyday issues—not the gigantic ones to do with human rights that we have come to recognise as part of this discussion—and will affect people because they will not be able to afford to go to law without the reciprocity that exists at the moment. The Minister needs to assure the House that the reciprocity that we have now is going to continue.

[Baroness Goldie]

My Lords, I again thank the noble Baroness, Lady Kennedy, for raising a very important issue, the whole area of child maintenance. We recognise that it has a significant impact for many families in the UK and in the other EU member states. The reciprocal enforcement of maintenance decisions has a long history. Establishing procedures to enable decisions made in one country to be enforced in another helps to ensure that children receive appropriate financial support after the parents have separated and when one parent is living in another country. The noble and learned Baroness, Lady Butler-Sloss, interestingly observed that even with the structures, there are still challenges. We all have to be cognisant of that.