Domestic Abuse Bill

Carolyn Harris Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Carolyn Harris (Swansea East) (Lab)]

Let me take this opportunity to thank the Lord Chancellor and the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), for the productive way in which we have managed to work together on this Bill to date. May I also say that, as a proud Welsh woman, I am delighted that most of the Front-Bench speeches today will be delivered by a Member with a Welsh accent?

Like many colleagues across the House, organisations throughout the sector and—most importantly—victims and survivors of domestic abuse, I am delighted that I stand here today for the Second Reading of this long-awaited and desperately needed Bill. None of us can deny the utter chaos that has prevailed in this place in recent weeks. The Prime Minister’s political game playing very nearly cost us this Bill. Less than a week before Parliament was suspended, the Prime Minister said in response to my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) that he would ensure that the Domestic Abuse Bill received “proper consideration” and was “rolled over”. Despite that, and while domestic violence-related homicides in the UK hit a five-year high last year, the Prime Minister went back on his word and blatantly allowed the Bill to drop, alongside a dozen other important pieces of legislation. But thankfully Lady Hale ruled last week that the Prorogation of Parliament was unlawful, and we rightly found ourselves back here with the Domestic Abuse Bill firmly back on the agenda. It was very much a case that Hale saved the day and the Bill.

We cannot afford any more hold-ups. Time is not a luxury that victims of domestic abuse have. Every delay in getting this legislation through is critical. I was encouraged by last month’s announcement that Nicole Jacobs had been appointed as the first Domestic Abuse Commissioner for England and Wales, but I do have grave concerns—also mentioned by hon. Friends—that the role is only part-time. I sincerely hope that the introduction of new legislation through this Bill will change that. If the commissioner is going to successfully deliver a whole-society response and radically improve the UK’s approach to domestic violence, a part-time position is just not viable.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

My hon. Friend is making an excellent speech. A constituent of mine came to me having left her abusive partner after many years. She did not go to a refuge, but instead went to stay with friends and family. She could not afford a lawyer, so she did not contest her divorce. She now finds herself homeless without any priority for housing and will potentially lose the house that her ex-partner is selling. Will this Bill help to provide the holistic approach that can support victims such as my constituent?

[Carolyn Harris]

I will talk about housing later in my speech, as it is an issue that is very important to the Labour party.

This is our golden opportunity as parliamentarians to transform the domestic abuse agenda in this country. We have a duty to survivors, victims and their dependants —and to generations to come—to get this right.

[Mrs Madeleine Moon (Bridgend) (Lab)]

I thank my hon. Friend for the amazing work that she has been doing in this field; she is one of our champions for victims of domestic abuse.

One of the things that has always been missing is the relationships education so that young people understand that abusive relationships often do not start with the first slap or the first thump. They can start with criticism, undermining and isolation—with perpetrators moving people away from their support network, and causing them to lack belief in themselves and believe that they have created the violence that is inflicted on them. Do we not need to tackle that problem, as well as addressing the issue when it gets to the point at which people report the crime?

[Carolyn Harris]

I could not agree more. This is something that we all see every day when we talk to people who have experienced or witnessed domestic violence. In many cases, it is learned behaviour and we really need to look at that.

As it stands, although there are some welcome and vital changes in the Bill, it is too narrow. There are many areas that are crying out for wider scope. I hope that this can and will be addressed and incorporated through amendments in Committee.

[Ms Karen Buck (Westminster North) (Lab)]

Will my hon. Friend give way?

[Carolyn Harris]

I just want to make a little progress.

We have volumes of data relating to victims of domestic abuse, but at present this only accounts for those aged 74 and under, even though we know that domestic abuse has no age limit. Older people must have their rights protected too, and the Bill needs to recognise that. Statistics consistently demonstrate that the vast majority of domestic abuse victims are women and the vast majority of perpetrators are men, but we know that there are no barriers. Anyone—regardless of sex, sexual orientation, age or race—can be a victim or a perpetrator, so we must ensure that service and funding provision is appropriately proportioned.

[Mark Tami (Alyn and Deeside) (Lab)]

My hon. Friend will be aware of the vital work that the Domestic Abuse Safety Unit in Shotton has been doing for many years. I have been there and have heard harrowing stories. To echo her point, so many people say that they have put up with this sort of behaviour for five, 10 or 20 years when asked, “How long had this gone on before you reached this stage?” We need to ensure that these centres are getting the finance they need to carry on with this vital work.

[Carolyn Harris]

My right hon. Friend makes a very good point; I wholeheartedly agree with his sentiments.

The Bill needs to include a legal duty to fund a national network of accommodation-based domestic abuse services as a matter of priority, to meet the needs of all survivors and, very importantly, their children. The protection and provision of support for children who experience domestic abuse—either as witnesses or as victims themselves—also need to be consistently included in every aspect of the Bill.

[Sandy Martin (Ipswich) (Lab)]

Women’s Aid organisations, such as Lighthouse Women’s Aid in my constituency, are doing good work but have to survive hand to mouth, relying on money from lottery funding. Does my hon. Friend agree that this makes it extremely difficult for them to employ and retain the staff they need, with the experience and training to give proper counselling to women?

[Carolyn Harris]

I do agree. I also join my hon. Friend in congratulating those organisations. I have yet to meet an organisation that deals with this issue that has not done excellent work, and all struggle for every penny they are able to get from wherever. They truly deserve our praise.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making an important and powerful speech. Does she believe that the Bill will do enough to support the role of schools in the lives of families? I know the amount of work that goes on in many schools in my constituency to support parents and children when there is domestic abuse at home. One primary school has told me that it suspects about five children in one class are subject to domestic violence.

[Carolyn Harris]

My hon. Friend is absolutely right and later I will talk about a scheme that helps in that situation.

The protection and provision of support for children who experience domestic abuse—I am repeating myself. I have already read that bit, so we will scrap that, thank you very much. [Laughter.] That is the Welsh in me; never ashamed to say when we are wrong.

As well as ensuring access to support services, the Bill needs to legislate for those children and ensure protected places in all NHS waiting lists, as well as priority access to school places when they are forced to move to a new area to escape domestic abuse. There is already good practice in our communities that has been established to cater for the needs of children experiencing domestic abuse.

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Lady agree that we need to protect those survivors of domestic abuse not just when they are children but throughout their lives? We need some means of following them and taking a holistic approach, because domestic abuse affects their mental and general health as they grow.

[Carolyn Harris]

It certainly does and I think we all recognise, as I said previously, that experience and learned behaviour can cause perpetrators of the future.

[Wera Hobhouse]

rose—

[Carolyn Harris]

I am going to make progress.

Operation Encompass, which is an excellent example of what we are doing in communities, was set up to enable police forces and schools to confidentially and quickly share information about vulnerable children who need support and safeguarding.

[Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)]

I thank my hon. Friend for the passionate case that she is outlining. One of my local forces, Gwent police, have played a considerable role in pioneering Operation Encompass. Will she join me in congratulating and thanking not only Gwent police but forces across the country for the important work that they have done in rolling out that initiative?

[Carolyn Harris]

I am delighted to congratulate Gwent police. On Monday, my hon. Friend the Member for Gower (Tonia Antoniazzi) and I visited the Liberty stadium in my constituency, where South Wales police launched their Operation Encompass. I pay particular tribute to Russell Dwyer, the head of St Thomas Primary School, who was a pioneer in ensuring that it came to Swansea.

[Naz Shah]

Will my hon. Friend give way?

[Carolyn Harris]

I am going to make progress.

We need to secure better outcomes for child victims of domestic abuse. The only way that we will do that is by ensuring that such initiatives are available throughout the country. The Bill also needs to legislate to improve the experiences of survivors and their children in the family courts. Contact arrangements must be based on the child’s best interests, and parental contact should not be automatic, especially where there is evidence that the child could be at risk.

[Tonia Antoniazzi (Gower) (Lab)]

A constituent of mine is desperately trying to prepare her child after a court order stated, against the child’s wishes and the recommendations of the Children and Family Court Advisory and Support Service, that he must spend half his school holidays with his father. In order to support her son, she has put in place resilience counselling through the school, but the father has refused his son this help to support their contact. Does my hon. Friend share my concern that parental rights are being used against children in a way that has a negative impact on their wellbeing?

[Carolyn Harris]

I thank my hon. Friend. We have worked closely on many cases where children have been put at risk by being allowed access to potentially, if not very, dangerous parents. That is something that I feel passionately about. I believe we need a complete overhaul to ensure that the courts are prioritising the victims, not the perpetrators.

[Several hon. Members rose—]

[Carolyn Harris]

I am going to make progress.

[Jessica Morden (Newport East) (Lab)]

I thank my hon. Friend very much for giving way. She mentioned the family courts. A prominent campaigner against the injustice that domestic abuse victims face in the family courts is Rachel Williams, who recently organised the Stand up to Domestic Abuse conference in Newport, which my hon. Friend and I both attended. Will she join me in paying tribute to campaigners and survivors such as Rachel whose courage in speaking out make a real difference to legislation such as this?

--- Later in debate ---

[Carolyn Harris]

Never not give way to a Whip—I have learnt that much since I have been here, and it always helps when it is a Whip with a Welsh accent. As I had a chair at the conference and my hon. Friend did not, I will certainly agree with her and say that Rachel is an absolute inspiration and someone we should all look up to.

[Wera Hobhouse]

Will the hon. Lady give way to someone with a non-Welsh accent?

[Carolyn Harris]

indicated assent.

[Wera Hobhouse]

Does she agree that, in order to protect children, we need to include them in the statutory definition of domestic abuse victims and that it is disappointing that the Bill currently does not do that?

[Carolyn Harris]

I agree that we need to look at the definition and the impact on children. That is something that we can look at closely in Committee, and we would welcome amendments guided in that direction.

It is not just the courts that we need to look at; we also need to look at housing, which is another thing that currently allows perpetrators to control their victims. In cases of joint tenancy, only one tenant needs to end the lease, effectively allowing abusers to leave their victims homeless. The Bill needs to adopt changes to that law that would require both parties to end the tenancy and, in cases where perpetrators are convicted of domestic violence, automatically transfer the tenancy to the name of the victim. For victims who leave their accommodation by choice due to violence, the Bill needs to legislate to ensure that they automatically become a priority need for housing, irrespective of whether they have moved to emergency refuge accommodation.

[Matt Western (Warwick and Leamington) (Lab)]

My hon. Friend is making an important point, which I welcome. I have had a couple of cases in surgery of people in that very situation, whether in a housing association or whatever, who cannot get out and who are struggling because of the threat they face every day from having to stay in the same place. I very much endorse what my hon. Friend is saying and would like to hear more.

[Carolyn Harris]

My hon. Friend makes a powerful point about housing. We have grave concerns about the housing of victims, which is another issue that we will pursue in Committee.

Reforms are also needed in the benefits system to ensure that survivors do not suffer further financially when escaping domestic abuse. The introduction of separate universal credit payments by default and the abolition of the five-week payment delay for all survivors will prevent abusers from using the welfare system as a means of continued economic abuse.

[Naz Shah]

I thank my hon. Friend. Does she agree that the victim should be central to making decisions about housing? In Bradford, Staying Put will go in and change the locks at no financial cost to the victim and support them in obtaining injunctions and non-molestation orders, so that the victim feels empowered and the process is centred around them.

--- Later in debate ---

[Carolyn Harris]

Without question, the victim is central and we need to look closely at that.

We also need to see changes in relation to migrant women and the economic abuse that they experience due to having no recourse to public funds—a situation that often leaves them in violent and dangerous relationships, as they simply cannot afford to leave. The Bill must change the legislation to ensure that all migrant victims are eligible to apply for indefinite leave to remain irrespective of the visa that they are residing here on. The law must allow them to apply immediately for access to public funds under the destitute domestic violence concession and permit up to six months for their application for indefinite leave to remain to be submitted under the domestic violence rule.

[Stella Creasy]

My hon. Friend is making an incredibly important point. Is it not also worth putting on record that, if we wish to ratify the Istanbul convention, we have to make sure that this legislation covers the rights of migrant women, as well as the rights of women in Northern Ireland, and has a gendered definition of domestic violence? Without those, we will not be able to say that we have ratified and, after seven years, I know that the Council of Europe will want to know why we have not.

[Carolyn Harris]

That was a very powerful point from a well-known champion on such issues who has now taken the opportunity to put those sentiments on record.

[Jo Stevens (Cardiff Central) (Lab)]

I am pleased to hear my hon. Friend talk about migrant women. I represent a very diverse constituency and domestic abuse is a very significant problem among that community. Will she join me in paying tribute to Welsh Women’s Aid in my constituency, who provide so much help both to migrant women and women in south Wales?

[Carolyn Harris]

I have no problem in congratulating Welsh Women’s Aid. I thank my hon. Friend for her intervention. Support must be available to all victims and survivors of domestic abuse, with no restriction due to immigration status. Safe reporting systems need to be introduced to allow victims to report abuse to police and other authorities without fear of immigration enforcement.

[Lady Hermon (North Down) (Ind)]

I thank the hon. Lady for giving way; she is making a powerful speech. I would like to go back to the reference that was made to women in Northern Ireland. She and her colleagues will be well aware that we have not had a functioning Assembly in Northern Ireland for over two and a half years, since January 2017, so we have no Health Minister and no Justice Minister. Would the Labour party give a clear commitment to join the Government, if we have no Assembly up and running again in the near future, to extend this much-needed legislation to Northern Ireland to protect women—and, indeed, some men—from domestic abuse in Northern Ireland? That would be a very valuable commitment from both sides of the House today.

[Carolyn Harris]

The hon. Lady will know of my commitment to legislation in Northern Ireland—I spoke this week on children’s funerals and gambling—and I would very much like to see the Assembly reconvened. Women everywhere—victims everywhere—need to be guaranteed every protection that we can offer them.

I have very real concerns about migrant victims when we eventually leave the EU. Under the EU settlement scheme, European citizens and their families will need to apply to secure their status in the UK. Survivors of domestic abuse are at particular risk of being left out of this by abusive partners in a bid to control and isolate them. The Government must ensure that legislation is in place to support these victims, allowing them to apply even after the deadline has passed in order to prevent a situation where survivors are forced to choose between staying with their abuser or being illegally resident in the UK. The Home Affairs Committee has already highlighted this scheme as running the risk of becoming another Windrush. We must ensure that the Bill gets it right in order to prevent that.

The Bill is vital legislation that will help some of the most vulnerable in our communities and undoubtedly save lives. Home should be a place of comfort, love and stability but, for an estimated 2 million adults, and very many children, it is anything but: it is a place of fear that brings with it pain and devastation. This is our opportunity to rectify that. The Government must ensure that they not only make the changes to the law but back it up with the necessary resources and funding.

Getting to this point today has been a rough ride, and there were times when many of us thought we would never see it happen, but we all recognise that this is our optimal opportunity to change the future for domestic violence survivors and their families. We must all commit to making the changes, funding the services and reducing the tragic consequences we are currently witnessing. We desperately need this legislation to be comprehensive, robust and fully funded so that we can start punishing the perpetrators and prioritising the victims. This Bill will go down in history as landmark legislation. Let us make it a Bill that we can all be proud of.