Domestic Abuse Bill

Chris Clarkson Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a delight to have heard the excellent points of the hon. Member for Newbury (Laura Farris). I put on record three fantastic women who have worked in this area in my constituency: Denise Marshall, who was the chief executive of Eaves, the wonderful Mary Mason, who was the chief executive of Solace Women’s Aid, and Harriet Wistrich, who is the director of the Centre for Women’s Justice and who worked hard on the Sally Challen case. That case is not dissimilar to those that the hon. Lady mentioned, although, of course, Sally Challen was acquitted after many years in prison and was subject to some awful coercive behaviour from her partner who she actually killed. My constituent Harriet Wistrich worked hard on that case, which is now a precedent. We need those important test cases to prove how we can improve the law and women’s experience.

I welcome three other elements of the Bill: first, the robust framework for the new domestic abuse commissioner; secondly, the two new civil protection orders, which will strengthen the everyday practice on domestic abuse; and thirdly, the secure lifetime tenancy in England housing authorities. I mention briefly the work of Hearthstone, which is Haringey Council’s excellent housing provision for women facing domestic violence. The fact that it is embedded in the local authority allows much better quality allocations for women who face uncertain housing situations.

The test of the Bill is not just how well written it is or what fantastic speeches we may give tonight, but the quality of the legal aid that women and victims of domestic violence can get day in, day out in our courts. I am sorry to say that legal aid still does not match the desperate need of so many women victims. I hope that the Government will look at the provision of legal aid in future, although not necessarily specifically in this legislation. In terms of the practice and the everyday experience, we need excellent legal representation for those women. I also put on record my support for amendment 35 looking at misogyny as a hate crime, which my hon. Friend the Member for Walthamstow (Stella Creasy) has spoken eloquently about as part of the ratification of the Istanbul convention.

I want to put on record my support for new clause 22 for women who have insecure immigration status and a fear of deportation. Looking through my casework of this month, I had the case of a woman who had no recourse to public funds and was not able to gain access to important financial provisions in that she did not have access to housing benefit and all the other provisions. Fortunately, having written to the Home Office, my caseworker had an amazing success—a huge thank you to my team—but this cannot be down to individual cases on a case-by-case basis such as this; we need a much more holistic look at “no recourse to public funds”.

I was very pleased to hear the Minister announce this evening that there will be a pilot scheme worth £1.5 million, but I fear that pilot schemes peter out, are introduced very late on in the financial year and tend to be very piecemeal. In my view, we desperately need to pass new clause 22 so that we can take in the most vulnerable women, including those with no recourse to public funds, whom we see in our surgeries. We cannot rely on the fact that they may pop into our surgeries and we can write to the Home Office. We need a much more inclusive provision, so hon. Members should please vote for new clause 22.

[Chris Clarkson (Heywood and Middleton) (Con)]

I would like to start by saying this is a good Bill. I would particularly like to add my support to new clause 20, and I pay tribute to my hon. Friends the Members for Newbury (Laura Farris) and for Wyre Forest (Mark Garnier) and to the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), for their work on this. I would also like to pay tribute to my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken) for her work on new clause 15, which I think achieves a great deal of good.

I will briefly touch on new clauses 22, 25 and 26. I welcome the Government’s long-standing commitment to support all domestic abuse survivors, including migrants, and they should always be treated as victims, regardless of their immigration status. The introduction of the destitution domestic violence concession and the domestic violence indefinite leave to remain scheme in 2012 were important steps in supporting migrant women who are victims of domestic abuse. It is important to note that obtaining these visas means that those affected have set up their lives in the UK with the expectation of obtaining indefinite leave to remain here. Already, this concession permits them to receive welfare payments, support and safe accommodation, and the scheme enables them to apply for the indefinite leave to remain that they would have had had they not been victims of domestic abuse.

The concession and the scheme are not available to people who enter the country on other visas, such as visitor, student or work visas, or to those here illegally. As we have heard, this is because, to obtain such visas, they will have already confirmed that they are financially independent and therefore require no recourse to public funds and, as such, their stay will be for a defined time. They do not therefore have a legitimate expectation of securing indefinite leave to remain.

I welcome the fact that the Government have pledged £1.5 million towards a pilot later this year, which will be used to assess the level of need for migrant victims of domestic abuse and to inform decisions. I join my right hon. Friend the Member for Maidenhead (Mrs May) in hoping that this will identify the gaps in the current support available.

At this point, I was going to talk about amendments 40 to 43, but, as I understand from the hon. Member for Birmingham, Yardley (Jess Phillips) that they will not be brought forward, I will not labour that point as time is short. None the less, I would like to put on the record how welcome are the appointment of Nicole Jacobs as the Domestic Abuse Commissioner and the establishment of her independent office, which rightly holds the Government to account to ensure that all areas are working better to protect victims. I have the utmost confidence that my right hon. Friend the Home Secretary will listen to her sage advice.

Abuse can come in myriad forms—not just physical control or coercion, but financial and mental. Having listened to my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), it is clear that we also have to consider the new forms that abuse can take as technology and society develop. I welcome the fact that the commissioner will be required to have specific focus on victims from minority groups, and I hope that she will include the LGBT+ community, who experience disproportionately high levels of domestic abuse and distinct barriers in accessing support.

Finally, I would like to thank the Ministers and Members from both sides of the House for all their work on this truly historic Bill, which puts the determination to protect victims and their families at the very heart of our law.

[Liz Twist (Blaydon) (Lab)]

It is a pleasure to take part in this debate.

Children are victims of domestic abuse, not just witnesses. In March I held a Westminster Hall debate on this very issue, and that was the start of a series of conversations thereafter. At the conclusion of that debate, I said to the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), who is no longer in her place, that I would like her to go away and “grapple some more” with a resolution to include children in the Bill, so today I am really pleased to see new clause 15, which will indeed include children in the definition of domestic abuse. This has had such widespread support from charities and organisations across the children’s sector and the violence against women and girls sector, which have come together to assure us that they are united in believing that children should be included.