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

Brandon Lewis Excerpts

2nd reading: House of Commons
Friday 16th December 2016 Commons Chamber

[The Minister for Policing and the Fire Service (Brandon Lewis)]

First, I congratulate the hon. Member for Banff and Buchan (Dr Whiteford) on introducing this Bill on such an important topic with a powerful opening speech.

The Government are absolutely committed to tackling violence against women and girls in all its forms. The coalition Government shared that commitment, and in 2012 signed the Istanbul convention to signal how seriously they took their responsibility for tackling violence against women and girls. This Government remain committed to ratifying the convention.

Before I turn to the detail of the Bill, I want to be very clear that the measures already in place in the United Kingdom protect women and girls from violence in nearly all cases, and comply with or go further than the convention requires. It is also worth taking note of the powerful speech of my hon. Friend the Member for Shipley (Philip Davies), who gave us all food for thought and made the very valid point that we have to remember that there is violence against men and boys, and male rape. That is equally unacceptable, but we are dealing today with a specific private Member’s Bill.

We know that some crimes disproportionately affect women and girls. The United Kingdom is leading the way internationally in efforts to tackle this issue in all its forms. In the last four years, we have undertaken a significant amount of work to ensure that victims are supported and perpetrators brought to justice and that we do all we can to prevent these crimes from happening in the first place.

[Philip Davies]

rose—

[Brandon Lewis]

I will happily give way. [Interruption.]

[Philip Davies]

The Minister said that certain crimes disproportionately affect women and girls. There are more male victims of violent crime than female victims. Surely he will acknowledge that the Bill does not deal with one of the issues he refers to.

[Brandon Lewis]

First, I would say to Opposition Members that my hon. Friend has every right to contribute to this debate, so murmuring from a sedentary position when he wants to intervene and make a point that backs up the powerful speech he made is inappropriate and misses the point of having a debate in the House. Obviously, domestic abuse and domestic sexual abuse predominantly affect women, although I acknowledge that in terms of crime across the country, particularly violent crime, men do suffer, and my hon. Friend is right that we should be equally intolerant of that and that sentences should reflect the fact.

We have introduced new laws to ensure that perpetrators of violence against women and girls face the consequences of their actions, including the criminalisation of forced marriage, two new stalking offences and a new offence of domestic abuse covering controlling and coercive behaviour. We have also introduced new tools to protect victims and prevent those crimes from happening. We now have two new civil orders to manage sex offenders. Domestic violence protection orders have been rolled out nationally, and we have introduced the domestic violence disclosure scheme, known as Clare’s law, which allows women to check whether their partner has a violent history. We have also raised awareness among the public and professionals, including through our acclaimed teenage relationship abuse campaign, which encourages teens to rethink their views of violence, abuse, controlling behaviour and consent, as well as new statutory guidance on forced marriage, female genital mutilation and domestic abuse.

Driving a culture of change in the police’s response is also important, and we have been working on that, including by ensuring that the recommendations from Her Majesty’s inspectorate of constabulary’s review of domestic abuse are acted upon; all forces have now published domestic abuse actions plans. We also have a range of activities to tackle so-called honour-based violence, including significantly strengthening the law on female genital mutilation and forced marriage, introducing female genital mutilation protection orders and a new mandatory reporting duty, and launching the Home Office’s unit specifically looking at female genital mutilation.

While the nature of these crimes is often gendered, many of them affect both men and women, and I recognise, as my hon. Friend the Member for Shipley rightly pointed out, that men and boys can also be victims of domestic and sexual violence; and they too deserve support and protection. All our policies are applied fairly and equitably to all perpetrators and victims of crime, irrespective of gender, and I recognise that male victims may need more specific support. As he rightly outlined, some of the reaction on Twitter, for example, highlights why sometimes male victims might need specific support to feel the confidence to come forward, as more and more women now do.

That is why the Home Office funds the men’s advice line, which provides support to male victims of domestic violence, as well as Galop, which provides information and support to members of the LGBT community affected by violence and abuse. We are also providing central Government funding to support victims, including refugees, through the provision of rape centres, national helplines, independent sexual violence advisers and independent domestic violence advisers, as well as services to support victims of female genital mutilation and forced marriage and those seeking to exit prostitution. We are also providing funding to support new early intervention models developed by our partners in the sector.

In taking forward this work, the UK is already fully compliant with the vast majority of the convention, which requires signatories to ensure four key things: first, that legal measures are in place to address violence against women and girls; secondly, that there is appropriate support for victims; thirdly, that professionals understand the issues; and fourthly, that there is Government oversight. So we are making progress. More and more victims have the confidence to come forward, while police referrals, prosecutions and convictions for offences are all at their highest ever levels, but we are not, and cannot be, complacent. On 8 March, we published our new cross-Government violence against women and girls strategy, which sets out our ambition that by the end of this Parliament no victim of abuse is turned away from the support they need.

That strategy is underpinned by increasing the funding by £18 million for tackling violence against women and girls between now and 2020. This includes protecting the funding for rape support centres; £1 million for national helplines; a two-year fund for refugees; and a new £15 million violence against women and girls transformation fund to promote the very early prevention and intervention that has been outlined. This dedicated funding is supported by funding for innovative programmes provided through the police transformation fund and the police innovation fund. There is the troubled families programme and further funding through the tampon tax.

In addition, we published last week a national statement of expectations, which sets out the action that local areas should take to ensure that victims get the support they deserve. We published guidance for local commissioners and announced that we would introduce a new stalking protection order to allow the police and the courts to intervene early to keep victims safe and to stop stranger stalking before it escalates. We made available a range of additional resources on domestic abuse, including updated guidance on the domestic violence disclosure scheme. We want to see this new funding and the new tools that we have introduced used to aid, promote and embed the best local practice, and ensure that early intervention and prevention become the norm.

The measures we have introduced since 2012 have helped to strengthen our compliance with the Istanbul convention. As I have said, in nearly all cases, we comply with, or even go further than, the convention itself requires. Although some have suggested that the UK’s not ratifying the convention signals a lack of commitment to tackling the issue internationally, I should stress that we, as a country, have played a leading role in ending these crimes overseas.

We should be proud of the international leadership we have shown at the global summit to end sexual violence in conflict and at the 2014 girl summit to end female genital mutilation and forced marriage. The Department for International Development runs a £35 million programme to tackle FGM, and a £36 million programme to end child, early and indeed forced marriage. It is also helping many countries to take more effective action to tackle violence against women and girls. The Foreign and Commonwealth Office has increased its programme resources to tackle these issues by more than 60% in recent years, and its spending on these projects has increased by £2.6 million since 2015.

As I say, we are absolutely committed to ratifying the convention, but before we do that, we must ensure that we are fully compliant with it. We have already taken one of the legislative steps necessary to ratify it by criminalising forced marriage as required by article 37. Members have referred to specific articles, so let me deal with one that my hon. Friend the Member for Shipley rightly pointed out.

Further amendments to domestic law are necessary to comply with the extra-territorial jurisdiction requirements, which are in article 44 of the convention. Article 44 requires the United Kingdom to take extra-territorial jurisdiction over these offences established in accordance with the convention when committed abroad by UK nationals. We already have extra-territorial jurisdiction over some of the offences covered by the convention, including the common-law offence of murder, sexual offences against children, forced marriage and female genital mutilation. However, we need to amend domestic law to take extra-territorial jurisdiction over a range of other offences—in England and Wales, as well as in Scotland and Northern Ireland—before we are fully compliant and able to ratify the convention.

As a general rule, Government policy on the jurisdiction of our courts is that criminal offending is best dealt with by the criminal justice system of the state in whose territory the offence occurred. Exceptionally, taking extra-territorial jurisdiction is necessary to address serious crimes committed overseas as a matter of domestic policy or as part of an international consensus in which we participate. Any extension, moreover, has an impact on the criminal justice agencies—courts, prisons—including potentially increased demands on their resources. We need to ensure that we are able to consider carefully the extent to which it is necessary to take extra-territorial jurisdiction for compliance with the convention.

[Dr Eilidh Whiteford]

rose—

[Brandon Lewis]

We have considered the Bill carefully, but before I outline that, I happily take the hon. Lady’s intervention.

[Dr Whiteford]

I am grateful to the Minister. Does he agree that rape is a particularly serious offence that should be covered by extra-territorial jurisdiction, and that the deterrent aspect of extra-territorial jurisdiction will stop women from being taken out of the country to be violated?

[Brandon Lewis]

As I said, a range of areas, including murder, sexual offences against children, forced marriage and female genital mutilation, are already covered. The whole point is that we need to look carefully at what is covered by extra-territorial jurisdiction before we take a step further in that regard.

We have carefully considered this Bill and we support its key principles, which place a duty on the Government to take all reasonable steps to enable us to become compliant with the convention, and require the Government to lay before Parliament a report setting out the steps to be taken to enable us to ratify the convention and to make an annual report to Parliament, as the hon. Member for Banff and Buchan outlined in her opening speech, on the measures taken forward to enable the UK to ratify the convention, including any legislative proposals, and post-ratification any measures to ensure we remain compliant.

As I have made clear—and as my hon. Friend the Member for Twickenham (Dr Mathias) also made clear in her powerful speech—we are committed to ratifying the convention, and in principle therefore we welcome this Bill. However, there are some aspects of it which we will need to consider carefully. As Members will appreciate, the Istanbul convention applies to the whole of the UK, and it covers areas which are devolved, such as crime and criminal justice matters. I am therefore keen to ensure that we have appropriate time to consult more fully with the devolved Administrations on the measures in this Bill. In particular, the Government have concerns about the timescale put forward in clause 2, which would require the Government to lay a report that includes the date within four weeks of the Bill receiving Royal Assent by which we expect the UK to be able to ratify the convention. The hon. Member for Banff and Buchan mentioned areas that could be considered for extra-territorial jurisdiction. Any new ETJ provision will require primary legislation in Scotland and Northern Ireland as well as England and Wales, and I therefore have some reservations about the four-week timescale.

In addition, clause 3(1)(e) would require the Government to lay an annual report post-ratification which set out the UK’s ongoing compliance with the convention. As Members may be aware, once we have ratified the convention we will be required to provide updates to the Council of Europe on compliance. This clause risks duplicating that existing requirement.

[Seema Malhotra]

Has the Minister been able to consider any alternative timetable that he might bring to this House if he disagrees with what is proposed in the Bill, and can he also commit in principle that Government time will be allocated to the ratification of the Istanbul convention?

[Brandon Lewis]

I hope my next words will put the hon. Lady’s mind at rest. Both those points and any others Members may wish to raise are areas we will all want to consider more fully in consultation with the devolved Administrations and return to in Committee. However, at this stage I am pleased to say the Government support the Bill in principle.