Charlie Elphicke
Main Page: Charlie Elphicke (Independent - Dover)Department Debates - View all Charlie Elphicke's debates with the Home Office
(12 years, 8 months ago)
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Fiona Mactaggart
I have just explained why I am not giving way.
We are told that the proposed universal benefit will make work pay, but for whom? It will end the tradition, built up in the Labour years, of paying family benefits to the main carer in the household, who is usually a woman. Men will be the default recipient. As a result, women and children will get less.
Fiona Mactaggart
I have explained why I am resisting. I want to give more people a chance to make the contribution that they want to make. I think that that is right in this debate. I am talking about the real situation for women today. I would like to be able to celebrate the progress that women have made; I am explaining why I fear the situation is going backwards.
As I was saying, women are paying 70% of the cost of deficit reduction, with £13.2 billion coming from women and £5.7 billion from men. Women are being squeezed out of the labour market. Record numbers of women are jobless. The biggest jump in unemployment has been among older women aged 50 to 64—up by 20,000 in the last quarter. At the same time, unemployment among younger women went down.
We are facing a crisis for this group of older women. They have faced the shock that their pensions are to be deferred and they need to use these crucial years to build up their pensions. However, they will find it hard to find a new job. Often, women are losing jobs in the public sector, where there is a better record on equal pay than in the private sector. That means that women’s snail-like progress towards equal pay risks sliding backwards. Older women are sandwiched between supporting their children, who are staying at home longer, saddled with university debt, because they cannot afford their own housing, and supporting their elderly parents, who are being failed by a health service made increasingly chaotic by Government reform. The next debate will focus on carers, so all I will say is that this Government’s failure to grasp the challenge of care has delegated responsibility for it to the nation’s women, which just is not fair.
If the prospects for women at work and for women’s income are gloomy, what about elsewhere? Everywoman Safe Everywhere, a commission chaired by the former Member of Parliament for Redcar, shows how women have become less safe. There has been a 31% cut in refuges and services that tackle domestic violence. Some 230 women are turned away from a refuge on a typical day. The suggestion that housing benefit will no longer cover the service provision in refuges is a further threat to refuge provision. When women move on, they will be entitled only to the single room rate of housing benefit.
I will never forget the Iraqi woman refugee in Slough, a qualified radiographer, who was slowly being made mad because she was so scared by living in a house, and sharing a kitchen and bathroom, with young men who had no respect for her religion or her privacy. We are about to do that to women who are leaving refuges.
Removing from the DNA database the samples of men who have been accused but not convicted of rape, when we know both that convictions are hard to secure and—
Mrs Helen Grant (Maidstone and The Weald) (Con)
Since the introduction of the Forced Marriage (Civil Protection) Act 2007, there have been 257 forced marriage protection orders, five recorded breaches and one person sent to prison, and in 2010 alone 1,735 people were supported by the Government’s forced marriage unit. The youngest victim was 12 and the oldest 73. In just a few short years, that legislation has made a positive impact, and demand for orders continues to rise. However, there are still major problems with education, discovery and implementation. Not enough is being done on prevention, and ongoing scepticism greets women and children when they report forced marriage.
Consideration is now being given to how to make the breach of a forced marriage protection order a criminal offence, and, going even further, to whether forced marriage should be a criminal offence. Criminalisation might seem to colleagues a popular and reasonable option, showing the public a tough approach against an alien and wicked practice, but I urge caution.
My 23 years as a family lawyer leave me with some doubt that criminalisation would improve matters for victims. Indeed, it could be a backward step. The Domestic Violence, Crime and Victims Act 2004 criminalised the breaching of a non-molestation injunction order. There were very good intentions behind that, but there were many unforeseen consequences. Important comparisons can be made between that legislation and what is being contemplated now in relation to forced marriage.
I was a busy domestic violence practitioner at the time, and I made three principal observations. First, the police were often slow and reluctant to pursue breaches because of perceived more serious crimes such as robbery and burglary. The Crown Prosecution Service was also slow or reluctant to do so because of the need to satisfy the high criminal burden of proof, namely “beyond reasonable doubt”, and because of the evidential difficulties of crimes that often happen behind closed doors.
Madam Deputy Speaker (Dawn Primarolo)
Order. Would the hon. Member for Maidstone and The Weald (Mrs Grant) like to sit down? I think it is best for Members to leave the chairing of the debates to the Deputy Speaker, but if the hon. Lady is giving way to Charlie Elphicke, she needs to sit down while he is speaking.
Charlie Elphicke
I thank my hon. Friend for giving way. There are many loving relationships, and there has been a revolution meaning that there are more women in the workplace than ever before, and also in relationships in which the children are cared for and deeply loved. Men even change nappies, as I did. Should we not celebrate the good things about men and women, and about women in the workplace?
Mrs Grant
Of course we should. I absolutely agree with my hon. Friend.
In consequence of the authorities’ reluctance to pursue breaches of injunction orders, victims were again and again left thinking, “Why did I bother getting my injunction order?” Perpetrators were left thinking, “I got away with it”.
My second observation was that pursuing a civil action required the victim to be in the driving seat, which could be a completely empowering experience. She made the decisions and provided the instructions, supported by her own legal team. In contrast, in criminal cases the victim is merely a witness for the prosecution. She has no control over the proceedings, she is given very little information and she has no legal team to support her. In fact, being a prime witness for the prosecution is an isolating experience and frequently leads to the withdrawal of evidence and the collapse of prosecution cases.
My third observation was that domestic violence, like forced marriage, could involve close family members—mothers and fathers, sisters and brothers, uncles and aunts. Whereas victims were prepared to obtain civil orders to protect themselves, they were often reluctant to pursue a breach, because it would lead to a criminal conviction for the perpetrator and far-reaching consequences for the victim, her family and sometimes the community. Indeed, in a survey in 2011, Dr Aisha Gill of Roehampton university found that 57% of respondents said that victims would be less likely to seek help if forcing someone to marry became a criminal offence. Advocates also argue that victims stand more chance of reconciling with their families if a protection order is invoked rather than a criminal prosecution.
Those three observations, together with anecdotal evidence from professional colleagues and the judiciary, suggest that criminalisation of non-molestation injunction orders has left far too many victims without redress and with a real sense of injustice. I remain unconvinced, too, that there is a gap in the law that needs to be filled. In forcing someone to marry against their will, numerous other criminal offences may be committed—assault, abduction, aiding and abetting a criminal offence, cruelty, failure to secure attendance at school, false imprisonment, theft, rape, kidnapping, threats to kill, harassment, blackmail and murder. That list shows that we already have a range of criminal laws that can be used to prosecute in a forced marriage context.
For all the reasons that I have stated, I am concerned that criminalisation of forced marriage could lead to under-reporting, the export of the crime abroad and the practice being driven substantially underground. There is no quick fix.