Domestic Abuse

Carolyn Harris Excerpts

Tuesday 16th July 2019 Commons Chamber

[Carolyn Harris (Swansea East) (Lab)]

I thank the Minister for meeting me last night and for giving me an early view of her statement, and I thank colleagues who sat on the Joint Committee on the draft Domestic Abuse Bill for their time and commitment and for the comprehensive report and recommendations they produced.

As the Minister alluded to, the Bill is not yet finalised, but we welcome some areas that we know will be included. We hope the Bill will begin to transform how we deal with domestic abuse. Although we agree that establishing a domestic abuse commissioner is key, we will be seeking assurances on the authority and funding of that role. Can the Minister give further clarity on the role and independence of the commissioner?

The improvements to proceedings in family courts, which will include prohibiting the cross-examination of victims, is very welcome. However, we will seek assurances that, in cases of custody and access to children, all victims will be treated equally and that the courts will not be prescriptive and inflexible but will look at cases individually.

Controlling and coercive behaviour will be included in the definition of domestic abuse in Northern Ireland. This change across the rest of the UK has been instrumental in changing the outcomes for many victims. None more so than Sally Challen, whose murder conviction was overturned and reduced to manslaughter earlier this year, which meant she was freed owing to time already served. I was very pleased to welcome her to the Terrace two weeks ago to listen to her story. We are pleased to see this definition being extended to Northern Ireland.

We know the Government are committed to helping migrant victims of domestic abuse, and we welcome their intention to review it, but we must ensure that these women are eligible to apply for indefinite leave to remain, irrespective of the type of visa they reside under, and are able to access public funds.

Although the Bill will not be gender specific, as has been called for by some in the sector, it is my understanding that commissioning services will be, which is a welcome step towards ensuring that all victims of domestic abuse receive parity in the provision of support services.

We still believe that the Bill may be weak when it comes to the impact of domestic abuse on children, both as victims and as witnesses. By not focusing enough on the impact, there will be a knock-on effect on the specialist support made available to them. Can the Minister advise on the plans to strengthen this area of the Bill to ensure that services for child victims are widely available, robust and adequately funded?

We all know that funding for women’s refuges has been cut in recent years, meaning that refuges have had to close and that women have been forced to stay in abusive relationships because they have nowhere else to go. We need assurances from the Government that this Bill will ensure that funding is available to enable women to leave their family home and have a safe alternative for themselves and their children.

There are other issues to consider in relation to the education of perpetrators; housing; personal, social, health and economic education; healthy relationship education; a wider use of schemes such as Operation Encompass to allow schools to be more supportive of pupils experiencing domestic abuse within their families; and an increase in the number of independent domestic abuse advisers in hospitals. Those are all areas on which we will be seeking clarity on Second Reading and beyond.

This Bill was a commitment made by the outgoing Prime Minister in her final Queen’s Speech, just over two years ago. Although it has arrived very late in her leadership, and without time for her to see it through, I am pleased that she has finally set things in motion for this long overdue and much-needed legislation. We would, however, like assurances from this Government that whoever will be Prime Minister next week has the same commitment to this, and can guarantee that the Bill will be robust and that funding will be available to fulfil everything it promises. It is the intention of Opposition Members to work with the Government and the sector to take this Bill into legislation. There will be challenges, but we hope that with sensible debate, negotiation and compromise, we will help to form a lasting piece of legislation that will benefit all victims of domestic abuse. This Bill is a golden opportunity for the Government and for all parliamentarians to transform the domestic abuse agenda, and it is our duty to ensure that we get this right.

[Victoria Atkins]

I thank the hon. Lady for her response, and for the constructive and co-operative approach she has taken to this Bill and to many other matters. She is always a constructive critic of the Government, and rightly so, but I thank her and her colleagues for the spirit in which they are engaging in this. I must also pay tribute to and thank colleagues from across the House, on both sides, who have always been incredibly constrictive in their approach to this. I hope that that will continue, because I am sure we all want to see domestic violence stop.

The hon. Lady asked me about the domestic abuse commissioner. I am happy to confirm that we are appointing the commissioner, because we want the commissioner to hold national and local government to account. The commissioner will have the power to publish reports and make recommendations, and, crucially, statutory agencies will be required by law to respond to those recommendations publicly. We believe that will exert great pressure on local authorities to ensure that they are doing right by their local communities. Of course, in line with the Ministry of Housing, Communities and Local Government consultation, albeit that we are not prejudging its result, there will possibly be a further statutory duty through that route, to ensure that we have co-ordinated effort.

The hon. Lady raised the matter of family courts. We are reviewing practice direction 12J and the operation of the family courts more widely. I understand that we are aiming to report in September, and I know that the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), has this very much at the forefront of his mind.

I am grateful for the hon. Lady’s comments on migrant women. She knows how complex these issues are, but we are very much entering into this with the right spirit and we look forward to help from across the House on what more we can do to protect migrant women.

I absolutely understand charities’ campaigns and the emphasis that they put on children, given the terrible impacts that domestic abuse has on them and their life chances. I often see that myself in the context of youth workers working with gang members; domestic abuse is a prevalent factor in the lives of some of those children. We will be ensuring that statutory guidance recognises the effect of domestic abuse on children, which is significant because it will have an impact on local commissioning. The domestic abuse commissioner will also be encouraging good practice in the identification of children, and we will consider whether we need to amend the definition of “harm” in the Children Act 1989 to explicitly include the impact of domestic abuse on children. The hon. Lady will know that we are investing £8 million to deal specifically with children who are the victims of domestic abuse, and of course, as I say, the MCHLG consultation plays an incredible part.

I am also delighted to confirm that this is not just a commitment of this Prime Minister, but a commitment of the Government. We have the extra confirmation of both leadership candidates’ teams having confirmed to me that not only do the candidates support this Bill, but they will progress with it in the autumn.