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

Eilidh Whiteford Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[Philip Davies]

Do not worry, the House will hear it in all its glory. Government amendment 16—and, with it, Government amendment 17—is an absolute pearler. The Bill is so bad that not only are the Government taking out clause 1, which is the whole point of the Bill, but they are even changing the title because it is no longer applicable to what they are prepared to sign themselves up to—with SNP support.

The title says that this is:

“A Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.”

Everyone outside this place thinks that that is what we are debating today. They think this is a Bill to require the United Kingdom to ratify the Istanbul convention. Well, not any more. The Government and the SNP have caved in on what the Bill was supposed to be about, because now they are changing the title. The requirement on the United Kingdom to ratify the convention will no longer be in the Bill’s title if the Government and the SNP get their way. The Bill will just:

“Make provision in connection with the ratification by the United Kingdom of”.

In other words, “Let’s kick this one into the long grass. We’ll just have a few things that need to be done before we actually ratify the convention.” The Bill will no longer require the Government to ratify the Istanbul convention, and even “and for connected purposes” will be removed. Nothing that might actually help to ratify the Istanbul convention will be included in the Bill.

There we have it: a whole range of amendments. Some of my amendments are about transparency, and some would strengthen the measures expected of the Bill—people would certainly know what has to be reported on so that we can see what is happening in other countries. On the other hand, we have the Government amendments, supported by the SNP, that water down the Bill and even remove the requirement to ratify the Istanbul convention. The public outside need to know that they are being conned by people who claim to support ratification and who claim to be on the campaign group. The public have been sold a pup. At least some of us are honest about not liking this convention, which has to be a better way to operate than this rather shabby deal between the Government and the SNP.

I hope that we can test the will of the House on the weakening of the Bill, and we will see how we get on.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

In considering this group of amendments it is useful to consider the related document, the sixth report of the Joint Committee on Human Rights, session 2014-15, on violence against women and girls, which was published in February 2015 and called on the Government to ratify the Istanbul convention.

I am delighted that my Bill is back before the House on Report. I am extremely grateful to colleagues on both sides of the House—from nine parties—who support the Bill, and especially to those who have given up a valuable constituency Friday. I am particularly grateful to those who have been up all night with the by-elections. I can see quite a few folk who are a bit bleary eyed this morning. I thank everyone for being here.

Preventing and combating violence against women and domestic violence is extremely relevant to people in every single constituency. We have a chance today to make a real difference to their lives and the lives of future generations. On Second Reading the Government intimated their intention to amend the Bill while supporting its intent and principles. Although the amendments were not forthcoming in Committee, they are before the House this morning, and I thank the Minister and her officials for working constructively with me and my staff to table amendments that meet the Government’s need for unambiguous and watertight legislation without watering down the substance of the Bill.

--- Later in debate ---

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

Some seven women a month are killed in England and Wales alone. Does my hon. Friend agree that that deserves to be treated with the utmost urgency, as we would any other major cause of death?

[Dr Whiteford]

My hon. Friend is absolutely right. We also need to understand the dynamic of control and abuse that feeds those shocking statistics.

[Dr Roberta Blackman-Woods (City of Durham) (Lab)]

I congratulate the hon. Lady on making such progress with this important and very necessary Bill. Does she agree that it is important that people have faith in parliamentarians to carry out their monitoring role once the convention is implemented and that the actions of the hon. Member for Shipley (Philip Davies) do not help?

[Dr Whiteford]

I absolutely agree with the hon. Lady. I will address scrutiny in a bit.

There are few issues that unite this House, but there is a compelling degree of unanimity on the need to ratify the Istanbul convention and the need to do more to prevent and combat gender-based violence, which is reflected in the cross-party support for the Bill and the willingness of Members from all parties to work together to achieve the progressive change that people in our communities want to see.

However, the hon. Member for Shipley has done me one favour with his amendments by giving me an opportunity that I might not otherwise have had on Report to clear up some fairly basic misunderstandings about the Istanbul convention—not least what it actually says and does—and some fundamental misconceptions about the gendered dynamics of sexual violence and domestic abuse.

First, clause 3 of article 4 of the Istanbul convention explicitly states that

“the provisions of this Convention by the Parties, in particular measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.”

It is unambiguous: the Istanbul convention provisions apply to women, men, trans and non-binary people alike, and regardless of any other characteristic. It is comprehensive and clear.

Interestingly, an organisation such as Stay Brave, which advocates specifically for male, trans and non-binary victims of sexual and domestic violence, and which would not have in the past claimed adherence to any feminist agenda, supports the Istanbul convention and wants to see it ratified, because it recognises that the convention will help all victims. As its chief executive said in a blog published yesterday, it recognises that:

“The focus on ending violence against women is important, because it recognises the global pandemic of injustice. Gender inequality…creates a world where power, money and strength become motivators for systemic violence.”

The chief executive officer of another men’s organisation, David Bartlett of the White Ribbon Campaign, yesterday also urged all MPs who care about ending violence and promoting gender equality to vote in favour of the Bill today.

That is why the hon. Member for Shipley is simply wrong to suggest that this can ever be understood as a gender-neutral issue, and why the points he has made in the past about men being left out and this not being about them cannot be taken seriously. All of us are agreed that all sexual violence and all domestic violence is serious, regardless of the gender of the victim or of the perpetrator, and regardless of any other characteristic —end of.

[Philip Davies]

Will the hon. Lady give way?

[Dr Whiteford]

No, I will not. The hon. Gentleman has more than enough air time. Everybody recognises that some men will experience gender violence and domestic violence, and that sometimes the perpetrator will be female, but in the real world in which we live the people who experience sexual and domestic violence are overwhelmingly female; women are disproportionately subjected to these forms of violence and abuses on a colossal scale—we cannot ignore that reality. The large majority of perpetrators, although by no means all, happen to be men; no credible, documented source of evidence anywhere in the world suggests otherwise. We do ourselves a huge disservice if we pretend that this is just another case of “the boys against the girls”—we are not in primary 4. It is a grave distortion of a terrible, systemic abuse of human rights to ignore the profound gender inequalities that drive and compound sexual violence and domestic abuse.

It is also important to say that some types of sexual violence are becoming more prevalent. Crime in Scotland is at a 40-year low, yet sexual offences are rising. That could be due to more people reporting what has happened to them, and in the wake of the exposure of the Savile review we know that there has certainly been a spike in the reporting of historic incidents. But I fear that this is also to do with a genuine increase in new types of gender-based violence, which are partly facilitated by this saturated world we live in of violent sexual imagery: the emergence of so-called “revenge porn”, which was not possible until the advent of smartphones; and things such as so-called “date rape” drugs being available. Those things were not problems 20 or 30 years ago but they have become prevalent problems now, and they are driving an increase in sexual assaults in particular. However, women’s inequality is still a key feature of every society in the world, and that is what is really underpinning gender-based violence.

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

The hon. Lady is making an excellent speech and an important point. I congratulate her on her ongoing work on this issue and I hope everyone will vote in support of the Bill today. We came into this Chamber with the horror of the Helen Bailey story in today’s papers, her partner having been jailed for 34 years for her murder. Does the hon. Lady agree that this highlights how the crime of domestic violence and violence against women hits? Age and background are not relevant, as this is a universal crime. Finding a way of raising awareness among young people will be the best gift we can give them in terms of prevention, and supporting the Bill today will be global Britain in action.

[Dr Whiteford]

The hon. Lady makes a series of salient points in her concise intervention, and of course our condolences go to the friends and family of Helen Bailey, whose dreadful murder made us all pause for thought and for breath. It was a truly horrific crime and I am glad her killer has been brought to justice.

The hon. Lady also anticipated the points I was just about to make on the universality of gender-based violence. I talked a lot on Second Reading about the differential experiences of gender-based violence, and in explaining why I will be opposing amendments that have been tabled, I will reiterate the points I made then. Although this is a universal crime that affects women right across the spectrum, we know that low-income women, disabled women and women under 30 are more likely to experience gender-based violence than others. We know that women from some ethnic and cultural minorities are exposed to greater risk of specific manifestations of violence, such as female genital mutilation or forced marriage. Sexual violence can happen to any of us—it affects people of all economic and social backgrounds and ages—but there are deep structural social inequalities reflected in our likelihood of experiencing sexual and domestic violence, and gender inequality is the cross-cutting factor that underpins and compounds them all.

If we are serious about ending these forms of abuse, we need to understand their manifestations and end the denial—the blind spot—about the far-reaching effects of wider gender inequality. Women may have secured equality before the law—de jure equality—but we are nowhere near achieving de facto equality, or equality in practice. We need just to look around Parliament or to listen to the amount of air time that people get in Parliament, including today, to see that. Until we get that equality in practice, women will continue to face life-threatening, life-changing abuse over the course of their lives.

I now want to turn to the amendments tabled by the Minister, all of which I am happy to accept. I am grateful for the way in which the Government, in proposing some significant changes, have worked to retain the principles, intention, integrity and spirit of the Bill. We are at our best as legislators when we use those areas where there is already a large degree of common ground and consensus to find compromises and push forward together where we are able to do so. Although these Government amendments were not tabled in time for the Committee, the Government were able in Committee to outline their intentions in some detail and to indicate the areas in which they planned to amend the Bill on Report.

Government amendment 1, which removes clause 1, is undoubtedly the amendment over which I still have some reservations, but I am prepared to take in good faith the Government’s commitment that they will move forward with all due haste to make the legislative changes they need to make to bring the UK into compliance with the Istanbul convention. I reject absolutely the assertion from those on the Tory Back Benches that the Government do not care about these issues. I urge anyone who takes that view to speak to some of the women on the Tory Benches, including those who have so courageously spoken about their own experiences of domestic abuse. Tory women are no more immune from gender-based violence than anyone else; all of us are affected. I believe genuinely that there is a shared commitment on this, including a personal commitment from the Prime Minister.

[Dr Tania Mathias (Twickenham) (Con)]

I greatly appreciate how the hon. Lady has acknowledged the cross-support on this issue and everything she has done in the Chamber and outside it. She has the full backing of female Conservative Back Benchers, but I also applaud my male colleagues, who are also behind her.

[Dr Whiteford]

I am grateful for that intervention. As I said on Second Reading, actions speak louder than words. We have heard a lot of warm words and verbal commitments in principle about the Istanbul convention for nearly five years now, but the process had clearly stalled. So I am delighted that a few days ago, ahead of this debate, the Prime Minister announced new legislation on domestic abuse and expressed her support for this Bill. I hope the Minister will be able to say more about that proposed legislation and will confirm whether the Government intend to use it to address the outstanding issues, particularly those relating to extra-territorial jurisdiction, which have been the last main barrier to the ratification of the convention. Will the Minister also say whether there are plans to strengthen compliance with the convention in areas in which we all know there is massive room for improvement, such as on coercive control and the way the family courts, and their equivalents, work in all our jurisdictions? Will she also set out how discussions are progressing with the devolved Administrations, which support the Istanbul convention but also have competencies and steps to take towards ratification in such areas?

--- Later in debate ---

[Dr Eilidh Whiteford]

I beg to move, That the Bill be now read the Third time.

The Bill now before us sets us on a clear path towards ratification of the Istanbul convention, and I want to thank all Members who have attended and participated in the debates today and at other stages of its progress. In particular, I want to thank the hon. Member for Rotherham (Sarah Champion) and the Under-Secretary of State for the Home Department, the hon. Member for Truro and Falmouth (Sarah Newton), both of whom have shown real leadership from their respective Front Benches, today and throughout the passage of the Bill, in working towards a shared objective, even when we have not always agreed on the detail. I am sure that our gender is entirely coincidental to this outcome. Should the Bill pass today and progress to the Lords, it will be presented there by Baroness Gale, to whom I am also extremely grateful. I hope that it will have a smoother passage there than it has had here, but I guess time will tell.

The real credit for the progress that this Bill represents must go to the women across civil society who insisted on change and compelled Parliament to act. The women of the IC Change campaign, Women’s Aid in Scotland, England, Northern Ireland and Wales, and a host of other individuals and organisations—including the men who have stood with us in solidarity—have advised, supported and worked so hard over such a long time to make this happen.

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

Will my hon. Friend give way?

[Dr Whiteford]

Of course I will give way to the chair of the all-party parliamentary group for the white ribbon campaign UK.

[Gavin Newlands]

I share in my hon. Friend’s praise of Becca, Rachel, Robyn and all at IC Change, and it has been a pleasure to work with them over the past year-and-a-half. It would be remiss of me if I did not take this opportunity to thank my hon. Friend herself on behalf of SNP Members for her professional and fantastic stewardship of the Bill.

[Dr Whiteford]

I am flattered by my hon. Friend’s remarks, but the real thanks go to the people, some of whom are here today, who led the way and made us listen. I know that the campaign will not end here. In many ways this is a beginning for substantive change.

I also thank Emma Watson, who took time out of her busy film promotion schedule to speak out in support of the Bill to an audience that politicians find hard to reach. These issues lie close to her heart.

On reflection, it strikes me powerfully that Parliament has frequently been left playing catch-up on progress for women: from those who campaigned for women’s suffrage for more than a century before it was achieved to those trade unionists who fought for equal pay for women years before the Equal Pay Act 1970 came into force and the women who, in the 1970s, set up refuges for women fleeing domestic abuse at a time when there was absolutely no support from the state or the authorities for women experiencing violence or coercive control from an intimate partner—a time when rape within marriage was not even a crime. Every step of the way, it is citizens who have driven progressive change. Sisters have had to do it for themselves.

[Hannah Bardell (Livingston) (SNP)]

I offer my huge congratulations to my hon. Friend and all those involved. Does she agree with me and Emmeline Pankhurst, who famously said:

“We are here, not because we are law-breakers; we are here in our efforts to become law-makers”?

My hon. Friend is the absolute embodiment of those words.

[Dr Whiteford]

It is important that we remember our history and understand the historical process of change within which we live. I have been asked so many times over the past few months: why the Istanbul convention? Why these difficult, painful, controversial issues? Why this convoluted, complex multilateral process? The long answer is that it has the potential to make concrete improvements—at local, national and international level—to the lives of people affected by sexual and domestic violence.

In light of the Istanbul convention, and in direct response to the debates we have had in this place, I am pleased to say that my local authority, Aberdeenshire Council, is already considering how local provision might be strengthened and improved. That could and should be replicated by local authorities across the UK.

We have already seen at UK level and in the devolved Administrations a raft of new legislation, driven by the Istanbul convention, on issues such as stalking, forced marriage, human trafficking and modern slavery, all of which has taken us closer to compliance. Internationally, we can make the world a safer place for our own citizens and for others, but we now need to finish the job.

The short answer to my question—why the Istanbul convention?—is that change needs to come and change will come. Ultimately, this is about real people and real lives. I have been moved beyond measure by the truly inspirational courage of my constituent Sarah Scott, a woman from the small coastal community where I grew up. She was subjected to an exceptionally brutal rape, and she waived her right to anonymity in an attempt to prevent what happened to her from happening to anyone else.

Sarah is one of the desperately small minority of rape victims who has seen her attacker brought to justice and convicted, but during the course of the trial her medical history was used by the defence in an attempt to discredit her as a witness to her own experience. She has spoken publicly about that profound violation of her privacy and the re-traumatisation that those experiences invoked, and I can only begin to imagine the inner strength and bravery it took for her to speak out.

We have travelled some distance in this struggle, but we still have such a long way to go. We need to recognise that ratification of the Istanbul convention is a milestone in the journey to equality and justice for women, and not an end point.

[Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)]

Will my hon. Friend give way?

[Dr Whiteford]

I will not give way.

So, Sarah, this Bill is for you and for every person who knows at first hand the brutal, life-shattering reality of sexual violence and has had the courage to claim justice and fight for it. Thank you for helping us all be a bit braver and stronger in the fight for equality and human rights, and more determined than ever to end this abuse, once and for all.

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

Eilidh Whiteford Excerpts

Committee Debate: House of Commons
Wednesday 1st February 2017 Public Bill Committees

[Hon. Members]

Yes.

Clause 1

Ratification of the Istanbul Convention on violence against women

Question proposed, That the clause stand part of the Bill.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

It is a great pleasure to serve under your chairmanship, Mrs Main. May I start by thanking very sincerely Members from all parts of the House who are here today? I really appreciate people giving up time on such a busy day, when weighty matters are being debated in the main Chamber. However, this is a weighty matter too. Violence against women, as I said on Second Reading, is the most pervasive and widespread human rights abuse in the world today, and it affects women in every community represented in this place.

The Council of Europe convention on preventing and combating violence against women and domestic violence is a groundbreaking legal instrument that enables a step change in the response to gender-based violence at a local, national and international level. The UK was actively involved in shaping the Istanbul convention, as it is more commonly known, and continues to express support for the convention. However, more than four and a half years after signing it, the UK has yet to ratify the treaty.

The Bill is an attempt to unblock that stalled process and to give it some impetus and urgency. It is an attempt to ensure that the UK’s verbal commitments to the Istanbul convention are backed up by action and to strengthen parliamentary scrutiny and accountability, so that preventing and combating violence against women can never again be filed in a bottom drawer marked “Too difficult” or “Not important enough”.

Before I address specific clauses, I want to put on the record my thanks to the Minister and her colleagues for the constructive way in which she has engaged with me in discussions on the detail of the Bill and to acknowledge her personal commitment to making progress. I also thank the hon. Member for Rotherham, whose helpful insights and suggestions on how to reach our shared objectives have been invaluable. I know that all hon. Members present are committed to tackling the violence and abuse that blight so many women’s lives, and recognise that the Istanbul convention is the best vehicle to drive positive change.

On Second Reading, the Government signalled support for the Bill’s principles but indicated that they would seek to amend aspects of it at subsequent stages. There are no amendments before us, but I am sure the Minister will take this opportunity to set out the Government’s intentions on Report. I am grateful to her for the dialogue we have had on the amendments she intends to table.

Clause 1 places a duty on the Government to take “all reasonable steps” to ratify the Istanbul convention

“as soon as reasonably practicable”.

In other words, the intention behind the clause is to focus the Government’s energy on getting the Istanbul convention off the back burner and on to the statute book. We have had many verbal commitments to the Istanbul convention over recent years and some important legislative progress towards compliance, but there has been a long hiatus that needs to be overcome.

Clause 2 emphasises the need for a clear timescale and an accountable process. Given the long delay in ratification, it should be obvious why a timetable against which progress can be measured and improved opportunities for parliamentary scrutiny are desirable. The key thing is to agree on a realistic timetable and stick to it. I fully appreciate that compliance with the Istanbul convention requires the engagement of a range of actors, not all of whom necessarily attach the same priority to preventing and combating violence against women as we do here. I do not think any of us want to see this kicked into the long grass yet again, so we need to set out a realistic timescale.

Clause 3, which concerns reporting, will strengthen the opportunities for parliamentarians to scrutinise the implementation of the Istanbul convention. The convention’s great strength is that it provides a framework for ongoing improvements in policy and practice, but for those improvements to work optimally, policy makers need to engage with the process. Reporting mechanisms are an integral part of the convention, of course, but in my view they are an insufficient vehicle for parliamentary scrutiny. We all know that, too often, reports are simply laid in the Library and become stoor gaitherers; they gather dust and are easily forgotten or ignored. Clause 3 will ensure that, in the run-up to ratification, Ministers have the opportunity to update Parliament directly on progress, keeping the issue at the forefront of public attention.

I know that the Government are keen not to duplicate reporting on the Istanbul convention, but I hope that today the Minister will put on the record her commitment to putting annual progress reports before Parliament, before and hopefully after ratification. Will she commit to making an oral statement on progress? I believe that that would be a very significant step for the visibility of the issues surrounding gender-based violence—issues that have been swept under the carpet for so long, out of sight and out of mind. I hope that she will also set out in detail the areas in which she believes the UK will need to introduce new legislation or change existing legislation to comply with the convention.

Clause 3 alludes to the fact that a number of policy areas that relate to the implementation of the convention fall within areas of devolved competence in Scotland and Northern Ireland. I know from my dialogue with the devolved Administrations that there is genuine cross-party support throughout these islands for the Istanbul convention, but for the UK to be fully compliant, primary legislation and/or legislative consent will be required in a number of areas. May I ask whether the Minister has opened discussions with the devolved Administrations on the steps towards ratification? Will she update us on her progress?

Clause 4 is simply a technical clause that sets out the short title, commencement and extent of the Bill.

I have not rehearsed the arguments that I made on Second Reading, but I want to say in closing that the Istanbul convention can make a profound difference to women’s lives and I hope that the Government will pursue ratification with all due haste.

[The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)]

It is a great pleasure to serve under your chairmanship this afternoon, Mrs Main. I welcome the tone and spirit with which my hon. Friend the Member for Banff and Buchan opened this debate, and the opportunity to continue our work together. I am grateful to all hon. Members who have given up their time this afternoon; it is a pivotal day in Parliament, not just because we are talking about this very important Bill, but because of the debate in the Chamber, and I am grateful to those who have prioritised being in this Committee Room. It underlines the cross-party support for what we are doing.

We remain absolutely committed to ratifying the Istanbul convention. Combating violence against women and girls remains a top priority for the Government; the Prime Minister has made that absolutely clear, as have the Home Secretary and I. Since we signed the convention in 2012, the UK has made significant progress towards ratification. In most respects, we are already compliant with the convention’s requirements or we go further than them. We have put a range of measures in place to tackle VAWG—violence against women and girls—including criminalising forced marriage; allowing women to request information on their partner’s criminal history; introducing new laws on stalking and female genital mutilation; rolling out domestic violence protection orders; and introducing new domestic abuse offences.

We know that there is more to do. Last March, we published our new cross-Government VAWG strategy, which sets out our ambition that by the end of this Parliament no victim of abuse will be turned away from the support they need. To support that, we have increased funding, pledging £80 million through to 2020. We recently published a national statement of expectations, to set out what local commissioners need to put in place to ensure that their response to VAWG is effective; new guidance on domestic homicide reviews; and a new domestic abuse statistical tool and data set. We have announced our intention to introduce a new stalking protection order.

We are making progress, but before we ratify the convention we must ensure that the UK is fully compliant with it. There remains just one outstanding issue relating to extraterritorial jurisdiction, which I will call ETJ today for the purposes of brevity, that we have to address. Article 44 requires that all signatories take the necessary legislative measures to establish ETJ over any offence established in accordance with the convention. The UK already exercises ETJ in relation to many serious offences, including forced marriage, FGM and sexual offences against children. However, there are some VAWG offences to which it does not yet apply. Introducing ETJ for the remaining offences requires primary legislation and, as my colleagues at the Ministry of Justice have highlighted to Parliament, the Government will seek to legislate as soon as time allows.

In addition, Northern Ireland and Scotland also need to legislate on ETJ. We therefore need to allow sufficient time for their respective Governments to do that. We realise the importance of getting on with this matter. We liaise regularly with the devolved Administrations on VAWG and I have been in touch with my counterparts about the Bill. MOJ officials have also had informal contact with their counterparts about the ETJ requirements of article 44 and we will continue to liaise closely with the devolved Administrations on this issue. I am sure that all hon. Members know that, at the moment, that is quite challenging for Northern Ireland, given the situation there, but that does not diminish our commitment. Nevertheless, it means that we must be realistic about the amount of time that we need to spend on this issue.

On Second Reading, the Minister for Policing and the Fire Service made it clear that the Government supported the Bill in principle but that further consideration of the detail was needed. We have now had time to consider the Bill in detail and our intention is to propose amendments on Report. I would like to take this opportunity to set out the direction of, and rationale behind, those amendments.

Clause 1 would require the Government to take “all reasonable steps” necessary to ratify the convention

“as soon as reasonably practicable”.

The Government fully support the aim behind the clause, which is to ensure that we deliver on our commitment to ratify the convention. However, as Members will appreciate, because one of the steps that we and the devolved Administrations need to take will require primary legislation to introduce ETJ, there is a danger that the clause could be interpreted as imposing a duty on the Government to legislate. In effect, that would pre-empt the will of Parliament. Much as the Government always want to get our own way in Parliament, we cannot take that for granted. We must acknowledge the democratic processes that need to happen in Parliament.

Therefore, we will table an amendment to remove clause 1, while ensuring that the spirit behind it is captured by the remaining clauses. Once again, I would like to put on the record the Government’s commitment to ratifying the convention. The proposed removal of the clause does not change that in any way, shape or form.

--- Later in debate ---

[Sarah Newton]

I thank the hon. Member for Rotherham for the way in which she has welcomed the Bill. There is cross-party support for it, and I want to keep working constructively on it.

I am conscious of time. The Bill seeks to set out the timetable that the hon. Lady asks for, so I will not put the cart before the horse. Once the Bill is passed, the Government will be committed to its obligations. As I said, subject to the amendments being acceptable on Report, we will, of course, produce a report that clearly answers the questions she asked today.

The one thing on which I can absolutely give the hon. Lady some clarity is that we will have written statements before Parliament and an oral statement. Once the written statements are published, there will be an opportunity for an oral statement, so that we can have a full debate in this place and celebrate the achievements that we will be making, and give Members the opportunity to scrutinise and push the Government further.

[Dr Whiteford]

I intend to be quite brief in summing up this afternoon’s debate, and I thank all hon. Members who have participated. It is clear that there is a great deal of consensus across the House on this issue and that there is some political will from those of us who understand its importance and urgency.

Most of the Minister’s comments on amendments were very constructive and helpful. I was glad that she raised extraterritorial jurisdiction—every time I say that, I think I am going to say “extra-terrestrial jurisdiction”, so I understand why we are calling it ETJ. Obviously it makes civil servants and Law Officers queasy, but we are getting much more used to exercising it in a range of policy areas. ETJ has been a sticking point in this legislation because it is quite legally complex, but we are now exercising it for so many other serious crimes that failing to exercise it for serious crimes against women seems like a dereliction of duty and a failure to protect our citizens, who are travelling and working abroad more than ever—I know that the hon. Member for Calder Valley has raised in the Chamber the dreadful experiences of one of his constituents.

I suppose my remaining reservation is about the Minister’s phrase “as soon as time allows”, which my hon. Friend the Member for Rotherham also mentioned. That is the kind of language that we are all familiar with in this place and that we have seen used in relation to the Istanbul convention over the last four and a half years. The problem is that with ETJ it will not just be the Home Office that leads on this issue; it will relate not only to other jurisdictions—Scotland and Northern Ireland—but to other Departments in Westminster. I do not want the Government let off the hook and allowed to push this issue on to the back burner, nor do I want to see vague, principled commitments replace a real road map for progress. I take on board the Minister’s concerns about constitutional phrasing, but I really do not want to see the teeth pulled from this initiative, because it is a road map with identifiable milestones for which other Departments and other Administrations can also be held accountable.

As for the other amendments, we need a realistic and reasonable timetable. The Government have a clear sense of how long these things take, and I am amenable to constructive dialogue, but I emphasise that it is important that we keep this issue at the top of the priority list. Members of the Committee are well equipped to ensure that we do.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 4 ordered to stand part of the Bill.

Bill to be reported, without amendment.

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

Eilidh Whiteford Excerpts

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

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I beg to move, That the Bill be now read a Second time.

The UK signed the Council of Europe convention on preventing and combating violence against women and domestic violence back in June 2012 but has yet to ratify it. The Istanbul convention, as it is better known, is a unique, groundbreaking international legal instrument that enshrines in law the basic human right of women and girls to live lives free of violence and the fear of violence. Crucially, it provides a comprehensive set of mechanisms to achieve those aims. The provisions of the convention aim to prevent violence against women, protect the victims and survivors of abuse, prosecute perpetrators and hold them to account for their actions. It commits Governments to provide not only properly resourced support services through a strategic policy framework, but robust monitoring, data collection and public scrutiny.

The convention is a formidable package of measures, which Scottish Women’s Aid has described as

“quite simply the best piece of international policy and practice for eliminating violence against women that exists, setting minimum standards for Government responses to victims and survivors of gender based violence… It is a blueprint for how we move from small change at the margins…to a system that is designed to end domestic abuse and violence against women.”

We badly need a step change in efforts to eliminate violence against women. Two women are killed by their partner or their ex every week in England and Wales alone. According to the crime survey for England and Wales, in the past year 1.2 million women were victims of domestic violence. In Scotland last year, more than 58,000 incidents of domestic violence were reported to the police. Across the UK as a whole, the police recorded more than 87,500 rapes and more than 400,000 sexual assaults. Given that many—possibly most—incidents of sexual assault and rape go unreported, we must not underestimate the scale of the challenge we face.

We live in an environment where gender-based violence is so pervasive and normalised that we hardly even notice how much we put up with. Last week, here in Parliament, we heard harrowing accounts from the hon. Members for Edinburgh West (Michelle Thomson), for Eastleigh (Mims Davies) and for Batley and Spen (Tracy Brabin), who so courageously spoke out about their own dreadful experiences. One in three women experience domestic abuse or sexual violence in their lifetimes—and that figure is recognised as likely to be a conservative estimate.

Even those who avoid personal attack are living in a world saturated with images of glorified sexual violence, with a toxic public discourse in which boasting of sexual assault is reframed as locker room talk, women who are raped or assaulted are frequently shamed or blamed, and lives are blighted, and in some cases irreparably harmed. It affects us all. It restricts where we go, what we wear and what we dare to say out loud. In my view, we need to name violence against women for what it is: the most pervasive and systemic human rights abuse in the world today, affecting women in every street in every village, town and city in every country around the world.

We need to understand that violence against women is grounded in and compounds gender inequality. Those of us who are committed to pushing the issue up the political agenda have our work cut out for us. Although domestic abuse and sexual violence primarily affect women, we should acknowledge that they also affect men, non-binary people and especially children—girls and boys.

We need to understand that violence against women is neither natural nor inevitable. We can prevent it and challenge it. We can hold the perpetrators to account. Those of us who have the privilege of shaping and influencing legislation need to acknowledge our responsibility to put our shoulder to the wheel and make the elimination of gender-based violence a political priority.

[Tim Loughton (East Worthing and Shoreham) (Con)]

I congratulate the hon. Lady on the Bill, which I support. She mentions children. Is she aware that, extraordinarily, something like a third of domestic violence against women starts during pregnancy and that in more than three quarters of cases involving children being safeguarded or taken into care domestic violence is the single biggest element? It is a huge challenge for our society.

[Dr Whiteford]

I am grateful to the hon. Gentleman for that point. Many people are very shocked when they hear those statistics for the first time and hear that so much domestic abuse begins when women are probably at their most vulnerable—during pregnancy, when they are bringing new life into the world and yet do not have the protection they should expect from the fathers, often, of their children. He makes a very important point, and I am grateful to him for supporting the Bill.

I want to take a bit of time to set out why the Istanbul convention is so important, why it offers such a powerful vehicle for tackling gender-based violence and why the UK needs to prioritise its ratification. The treaty has global, national and local dimensions. In a globalising world, it recognises that gender-based violence often crosses state borders. States that ratify the convention commit to promoting and protecting the right of all their citizens to live free from violence in the public and private sphere, to working to end discrimination, to promoting equality between women and men, and to working within a co-ordinated, strategic, accountable and adequately resourced framework of policy and practice.

The convention is broad in scope. It covers aspects of criminal, civil and migration law. It sets out minimum standards for the protection of survivors and for access to services. It requires signatories to work to prevent violence and bring about attitudinal change. It explicitly addresses many of the most common manifestations of violence against women, including physical and psychological abuse, stalking, sexual violence, including rape, forced marriage, female genital mutilation and so-called honour crimes—that is not an exhaustive list. It recognises the differentiated risks women face depending on their circumstances. Although we know that women from all backgrounds—all income groups, ages, ethnicities, cultures, religions and political perspectives—are affected by these types of violence, we also know that poorer women are more exposed to risk. We know that disabled women are more likely to experience abuse than able-bodied women and that refugees and asylum seekers are especially vulnerable. In this respect, we see gender inequality cutting across and compounding other forms of disadvantage, and the convention addresses those and other forms of discrimination in its articles.

Several weeks ago, I had a conversation with Dr Lisa Gormley of the London School of Economics, who is one of the UK’s leading experts on the Istanbul convention. She emphasised that the key bit of the convention is found in articles 7 to 11. That surprised me. At first glance, when we turn to them—well, let me read out some of the headings: “Comprehensive and co-ordinated policies”; “Financial resources”; “Non-governmental organisations and civil society”; “Co-ordinating body”; “Data collection and research”. That is pretty dry stuff—we might say it is quite technocratic—but it is the engine that will drive the machine. Those provisions will turn a good critical analysis of violence against women and a collection of useful case studies of policy initiatives into a strategic and dynamic vehicle for real and ongoing change. They will allow us to learn from others’ experience of what works and force us to think more strategically about how we provide support to women across different levels of government—local, national and international. Crucially, those provisions will improve the protection of funding for women’s refuges and helpline services at a time when austerity cuts to local government budgets and voluntary sector funding are placing such lifeline services in jeopardy.

[Mr Jim Cunningham (Coventry South) (Lab)]

I support the hon. Lady. She mentions local government. Women’s refuge shelters are under the hammer and being forced to close down in many places.

[Dr Whiteford]

The hon. Gentleman makes a vital point. One reason why it is important that we ratify the convention is that it gives protection in law to those services for the first time in a co-ordinated way, so that we do not have one local authority cutting services while another maintains them. The convention also forces Governments across the piece to work with one another and to think strategically about how to go about providing services in a way that is co-ordinated rather than piecemeal. That is one of the most important longer-term things that ratifying the convention will do. It will also make every level of government think twice before they pull the funding from the voluntary organisations delivering lifeline services to women living with domestic violence or trying to flee from it.

We are already seeing the impact of the Istanbul convention. The UK Government and many non-governmental actors from civil society were actively involved in the development of the convention and the negotiations surrounding it, and it is evident that that process has already been a powerful impetus to modernising domestic legislation in a number of relevant areas. It is important to acknowledge the steps the Government have taken in recent years to pave the way for ratification, most notably with new legislation on forced marriage, modern slavery, stalking, female genital mutilation, so-called revenge porn, and controlling and coercive behaviour, all of which prepare the UK for compliance.

We have seen similar legislative progress in Scotland, most crucially with the Equally Safe strategy and the forthcoming domestic violence legislation, which is currently out for consultation. In that respect, the convention is already driving change, but we need to finish the job. Having signed the convention in June 2012, the UK has still to ratify the treaty.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I thank the hon. Lady for her Bill, which is doing a very important job this morning in this House. I wrote to the Government in January this year about the ratification of the Istanbul convention. The reply I received in February said:

“We will seek to legislate when the approach is agreed and Parliamentary time allows.”

Does she agree that that approach to this issue does not show nearly enough urgency?

[Dr Whiteford]

I agree entirely that this is an extremely urgent issue. Nobody can use the excuse of parliamentary time any more, given the way that business has been collapsing in recent weeks. There is plenty of parliamentary time; what we need is political will. I hope that my Bill will be a step along that road and give us the opportunity to examine this in more detail and to push the Government to follow up their words with actions. They have said consistently that they want and intend to ratify the convention, but we have reached a hiatus, the process has stalled and the convention has now been languishing on the backburner for over four and a half years, which is far longer than Council of Europe conventions usually take to ratify. The Bill is an attempt to shift the logjam and give the Government the impetus they need to take the final steps to bring the UK into compliance.

[Mr Andrew Smith (Oxford East) (Lab)]

I, too, congratulate the hon. Lady on her Bill. This is a vital matter. What does she think is holding the Government back from ratifying the convention?

[Dr Whiteford]

I have some theories, and I hope to come to those in due course, but at the end of the day a lack of political will holds these things back. The fact that so many Members are here on the Friday before we break for Christmas shows that many people recognise how critical this is.

As Members will see, this is a short and straightforward Bill that would require the Government to provide a clear timetable for ratification within four weeks of Royal Assent and require the Home Secretary to come to Parliament annually to report on our compliance with the convention. This would afford Members across the House better opportunity to scrutinise the Government’s record and plans for tackling violence against women. Ratification needs to be more than a tick-box exercise. It is a challenge for us all, as legislators and policymakers, to make sure that it works in practice to improve women’s lives. Strengthening parliamentary accountability would also improve our compliance with article 70 of the convention.

I want to turn to those areas where the UK is not yet fully compliant with the convention. The main sticking point appears to be article 44, which makes provision for countries to establish jurisdiction over an offence committed by one of their nationals outwith their territory. I am told by learned friends that extraterritorial jurisdiction can be a tricky legal area—parliamentary Clerks and civil servants visibly blanch when those magic words are spoken—but the UK already exercises extraterritorial jurisdiction in relation to dozens of serious offences in a wide range of areas, including in several relevant to the convention, such as forced marriage, trafficking, female genital mutilation and sexual offences against children. There are still a number of offences, however, including rape, sexual assault and domestic abuse, where it does not yet apply and where compliance would require changes to domestic law.

Moreover, some of those offences relate to areas of devolved responsibility in Scotland and Northern Ireland, so UK Ministers would need to work with Ministers in Holyrood and Stormont to secure the necessary legislative changes in the Scottish Parliament and Northern Irish Assembly, or agree legislative consent motions. I am pleased to say that the Scottish Government have signalled their willingness to push this forward, and I have been heartened by the support for the convention and my Bill from Northern Irish MPs across the political spectrum.

I want us to be clear about the difference that ratification would make and why it matters. A few weeks ago, the hon. Member for Calder Valley (Craig Whittaker) raised in Prime Minister’s Question Time the case of a constituent of his who—it is alleged—was raped by another British national outside the UK. If we had already ratified the Istanbul convention and integrated the provisions in article 44 into domestic legislation, the authorities here could have investigated and prosecuted that crime, and crimes like it.

Another example is that the women’s organisation the Southall Black Sisters has been working tirelessly to highlight the circumstances surrounding the death of Seeta Kaur, a UK citizen whose family believe was the victim of a so-called honour killing in India. The UK already has extraterritorial jurisdiction over the crime of murder, but the contested circumstances of Seeta’s death have made it difficult for her family to get the police here involved, even though they claim there is evidence that a serious crime was planned in the UK. Again, ratification of the convention would strengthen the law to provide unambiguous protection for those at risk of honour-based violence.

The Istanbul convention would offer significantly enhanced protection to women who spend time working overseas and those who work for airlines or on cruise ships. Many women travel abroad in the course of their professional lives, but if, for example, a colleague sexually assaults or rapes them in a country where the law is weak, they may have little or no redress. Workplace harassment policies are not designed to deal with criminal violence, nor should they be. We need to give our police and our courts the authority to hold UK nationals and habitual residents accountable for behaviour abroad that would constitute a serious crime at home.

We already exercise these powers in relation to child sex offences, but not sexual offences against adult women. We exercise extraterritorial jurisdiction in relation to terrorist offences, but not to those terrorised behind closed doors. It is important that we send a strong signal that crimes such as rape, sexual assault and domestic abuse committed by UK nationals will be taken seriously wherever they occur in the world. The key point is that the very existence of extraterritorial jurisdiction and the possibility of sanction will act as a powerful deterrent and help end the impunity with which some of the most violent perpetrators evade justice. These people should have nowhere to hide.

The Government need to take the Istanbul convention out of the bottom drawer, where it has been filed for far too long in a pile marked “too complicated, too difficult, too low a priority,” and we need to work together, across the House, across Departments and across the devolved Administrations to move things forward.

[Patrick Grady (Glasgow North) (SNP)]

I warmly congratulate my hon. Friend on the Bill. Does she agree that it is important that the UK ratifies the convention and shows global leadership on this issue? We heard in Westminster Hall recently that in South Sudan and its capital, Juba, over 70% of the female population have been subject to sexual assault. It is used as a weapon of war. That is completely unacceptable, and it is vital that the UK shows global leadership by ratifying the convention.

[Dr Whiteford]

My hon. Friend’s point is well made. The shocking statistics from that part of the world remind us of just how serious this issue is globally. His substantial point about leadership is also right. If a Parliament such as this one, where the rule of law is well established and our legislative processes are robust, finds this too difficult, how on earth can we ask other countries that do not have the same traditions of governance to do it? We need to step up and show some leadership globally.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

As with other private Member’s Bills, is it not also about the message we send out? The fact that this has languished for four and a half years sends out the message that women and violence against them are not important—and then we wonder why women do not report attacks or intimidation in their own home.

[Dr Whiteford]

My hon. Friend makes a very good point. We know that these crimes are terribly under-reported. Some of the organisations that work with victims and survivors estimate that as many as 90% of the women who use their services have not reported the crimes to the police, so, yes, we need to let people know that it is okay to speak up, that it is safe to do so and that support will be available. Until we do that, people will not come forward in the numbers the problem demands.

[Mr Christopher Chope (Christchurch) (Con)]

We do not have to look as far as Sudan for examples of countries that have not ratified, and do not intend to ratify, the convention. One example is Germany. Last new year’s eve, there was the most appalling violence against women, but Germany has not even signed, let alone ratified, the convention.

[Dr Whiteford]

I am really very surprised that the hon. Gentleman thinks we should follow the example of Germany on this issue.

I would like to thank sincerely hon. Members from all parties who have made the effort to be here today, giving up the last constituency Friday before Christmas and, in some cases, rearranging long-standing diary commitments. As well as Scottish National MPs, Labour, Tory, Liberal Democrat, Plaid Cymru, Social Democratic and Labour, Democratic Unionist, Green and independent MPs have signalled their support. In particular, I want to thank the hon. Members for Birmingham, Yardley (Jess Phillips) and for Rotherham (Sarah Champion) and the right hon. Member for Basingstoke (Mrs Miller) for their advice and help, as well as Ministers who have been willing to meet me for discussions ahead of the Bill. I am hopeful that a united voice from Parliament today can bring ratification significantly closer.

I want to acknowledge a number of women on whose expertise on the Istanbul convention I have relied in bringing forward this Bill. I have been lucky to have a formidably erudite team of advisers from all parts of the UK, and in no particular order I would like to thank Lisa Gormley, Marsha Scott, Hillary Fisher, Gemma Lindfield, Cris McCurley, Maria Bjarnadottir, Emma Ritch, Evelyn Fraser, Liz Law and Jackie Jones for all their assistance and invaluable insights. I want to thank my brilliant assistant Nathan Sparling who, in his own words, has been amazing.

I pay special tribute, too, to the women behind the IC Change campaign for their relentless determination to get the Istanbul convention on the statute book. They have been truly inspiring. Robyn Boosey, Rebecca Bunce and Rachel Nye run the IC Change campaign in their spare time on an entirely voluntary basis, co-ordinating with professional and non-professional women’s organisations and campaign groups all over the UK. They have been doing an incredible job, and I know they will not give up until they have achieved their goal.

Ratification of the Istanbul convention is not an end in itself; we need to see it as a platform for ongoing progress. Often the critics of international multilateral processes will point out that a treaty is just a piece of paper and that setting out rights and duties in international law does not necessarily give them effect—and, of course, that is sometimes demonstrably true. We must not let that happen here, because although the Istanbul convention is a solid foundation and a secure base camp, we still have a mountain to climb. We need to remember the scale of the problem and the magnitude of the task. We need to use this convention to measure progress and bank the gains. We need to use its robust monitoring, data collection and reporting mechanisms to drive sustained reductions in violence over the medium and longer term. The dynamic nature of the key articles of the Istanbul convention will be crucial to developing the policies and services that will deliver progress, along with the changes in attitudes and behaviour that will end the scourge of gender-based violence.

Lastly, I believe that ratification of the Istanbul convention is important because of its symbolism and the message it sends to women everywhere about our dignity, our right to equality and our right to live lives free of sexual and domestic violence. The powerful symbolism of the convention matters, because it reinforces the confidence of women in ourselves and in the moral force of our long struggle for equality. I believe very passionately that we can end violence against women; no one is saying it is easy or that it will happen overnight, but ratification of the Istanbul convention takes us a big step closer, and I ask Members to support my Bill today.

--- Later in debate ---

[Philip Davies]

I am very grateful to the hon. Lady. Perhaps then we can go back to the drawing board and make it clear that we want to introduce a Bill that targets men and women alike. If we do that, I would be delighted that both of us would be able to support it.

[Dr Whiteford]

If the hon. Gentleman will allow me, I will read a bit from the Istanbul convention, to which I alluded in my speech. It says that

“measures to protect the rights of victims, shall be secured without discrimination on any ground such as sex, gender, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disability, marital status, migrant or refugee status, or other status.”

That is article 4, clause 3, of the Istanbul convention.

[Philip Davies]

I am very grateful to the hon. Lady. As I have said, we can go back to the drawing board and bring back a Bill that all of us can support. We have had four speeches so far, and I think I have heard only one passing reference to men. The whole thrust of this debate and argument, and the whole point of this Bill today, is simply about the unacceptability of violence against women. That is all we have heard so far. It is no good now trying to redraw the nature of the debate, because I am raising the point about true equality. If people really believe in equality in this House, let us go back to the drawing board and bring back a Bill that makes that clear.

--- Later in debate ---

[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.

UN International Day: Violence against Women

Eilidh Whiteford Excerpts

Thursday 8th December 2016 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Today’s debate marks the UN International Day for the Elimination of Violence against Women. “Elimination” is an ambitious word, but what we have heard today makes it very clear that we need to be ambitious and determined if we are to tackle the epidemic of violence against women that is blighting so many lives.

I congratulate the hon. Member for Feltham and Heston (Seema Malhotra) on leading the debate so comprehensively, and commend the right hon. Member for Basingstoke (Mrs Miller) for the ongoing work of her Committee to promote and advance progress in this area.

We have heard from many speakers the recognition that violence against women is a global human rights abuse, but it is a pervasive and systemic human rights abuse and it affects women in all our communities and all over our world. It is rooted in, and compounded by, gender inequality; Scottish Women’s Aid is fond of saying it is a cause and a consequence of violence against women.

We have heard today that one in three women will experience domestic abuse or sexual violence in their lifetime, but that is probably a conservative estimate. I want to pay tribute to my hon. Friend the Member for Edinburgh West (Michelle Thomson) for her enormous courage in talking openly about things that have been so unspeakable for so long. Breaking the silence—as she and other Members today, including the hon. Member for Batley and Spen (Tracy Brabin), have done—is incredibly powerful. I hope their frankness, wisdom and strength will help other women—women who are recovering from sexual violence, women who at the moment do not know whether their lives will get back on track or ever be the same again. I hope what we have heard today helps women to go forward with strength, and makes the future different for the next generation of women.

Members have made reference today to the fact that this morning I published my private Member’s Bill that would require the Government to set out a timetable to ratify the Council of Europe convention on preventing and combating violence against women and domestic violence, better known as the Istanbul convention. It would also strengthen reporting requirements so that MPs would have better opportunities to scrutinise the implementation of the convention on an ongoing basis. I hope the Government will support my Bill and that Members will come to the debate a week on Friday, and push forward something all of us want to see happen.

The Istanbul convention has local, national and transnational dimensions and its implementation has the potential to make a real difference to women’s lives. Scottish Women Aid has described the Istanbul convention as

“quite simply the best piece of international policy and practice for eliminating violence against women that exists, setting minimum standards for Government responses to victims and survivors of gender based violence...It is a blueprint for how we move from small change at the margins, services that are picking up too few people, too late, to a system that is designed to end domestic abuse and violence against women.”

The Istanbul convention offers a powerful vehicle for countries across Europe, and beyond, to prevent and combat violence against women. The UK has played a prominent role for many years in responding to the challenge, and was involved in the development of the convention and the negotiations surrounding it. However, although the UK signed the Istanbul convention back in June 2012, it is still to ratify the treaty. The Government have consistently said that they want to ratify and intend to do so, but we have reached a hiatus. The process has stalled and the Istanbul convention has now been languishing on the backburner for over four and a half years. My Bill is an attempt to shift the logjam and give the Government the impetus they need to take the final steps to bring the UK into compliance.

There are a number of areas in which the UK Government need to legislate to bring domestic legislation into compliance with article 44 of the treaty, and there is the need for legislative change or legislative consent in Scotland and Northern Ireland, but I hope the Government will use the opportunity of my private Member’s Bill to shift this logjam and ratify the convention while they have the opportunity to do so.

I want to join other Members in paying tribute to the IcChange campaign for its work. I have also been very grateful for the support from Members on both sides of this House and from every part of the UK for that process. Given all the comments today from Members—not least the hon. Member for Birmingham, Yardley (Jess Phillips) saying, “Come on, we can do this; let’s just do it”—I hope we are now on a fast track to making this a reality.

I have been working with women’s organisations from across the UK in connection with my Bill. I was invited by Solace Women’s Aid to visit one of its refuges here in London, which I did yesterday. I met five women and eight children currently staying in the refuge and the staff who support them. There were many things to reflect on from my visit, including overwhelmingly how vulnerable some women are when they leave an abusive situation and how precarious their lives can be for some time afterwards.

My visit brought it home to me that the problems associated with the shortage of affordable housing—which is of course very acute in London, but is also a reality in all parts of the UK—are magnified and compounded for women trying to move on from refuge accommodation and make a fresh start. Women who have left home with their children in what they stand up in have a really hard road ahead. For their own safety, they often need to leave their own community, moving away from any support networks they have.

I met a wee boy in the refuge yesterday. He was nine years old and he bears the physical scars of his father’s violence; I do not think it is possible to know what invisible scars he may carry. However, he wanted to show me his Lego. He had built an aeroplane, which he was very pleased to tell me he had designed himself, but his masterpiece, which he was showing off with pride, was a house—a house made out of Lego. At present, his family is all sleeping in one room in a refuge, but he dreams of a home some day. Yet his mum told me how hard it was to find a house for her and her children, when she is still looking after a toddler and does not have a job. She also talked about experiencing racism in her search for housing and more generally, and this focused my mind on the fact that domestic violence is one of the major causes of homelessness right across the UK. In Scotland, domestic violence is the third most common reason for a homelessness application. Some 73% of applications are made by women, and more than a third of those are women with children.

This does make me wonder, too, how many women might stay in violent and dangerous situations because they have nowhere else to go and fear the consequences of uprooting their families, unsettling their children and taking them out of school. Women who do leave their home to escape violence find that they may have to move repeatedly before finding a stable home, with all the upheaval that entails, and there is no doubt in my mind that that inhibits women from seeking safety for themselves and their children.

Gender-based violence affects women of all social and economic backgrounds, all ages, all ethnicities and all religions, but we know that some women are at greater risk: poorer women, younger women, disabled women, and women from minorities. In this respect, we see gender inequality compounded by other forms of structural disadvantage, and I saw that at first hand yesterday.

Several Members have talked about the cultural and traditional aspects of violence against women. I have talked a lot about the Istanbul convention today and in recent weeks and it is a very powerful legal instrument, but it is also important to remember that we have work to do to bring about changes in attitudes and beliefs. The hon. Member for Feltham and Heston touched on this, as did the hon. Member for Heywood and Middleton (Liz McInnes) when she was highlighting traditional practices such as FGM at home and abroad.

I attended an inter-faith event held along the Corridor in the House of Lords earlier this week. Representatives of many of the major religions in the UK attended. It is important that we bring those dimensions into the debate, because culture is often held up as a justification for certain forms of gender-based violence, but cultures can, and do, change, and religious leaders have a special responsibility and opportunity to influence deep-seated attitudes, values and beliefs that are often foundational to people’s identities and the lives they go on to lead. So I was encouraged by meeting those people from several faith traditions who are taking these issues very seriously and working within their own faith communities to move things forward.

One of the things the women in the refuge said to me yesterday was that women need to help women. It is clear from looking around at the gender balance of those in the Chamber today that women take these issues very seriously. Our bodies are on the frontline; our psychological health and our very selves are often on the frontline in this battle. All of us are affected by gender-based violence, and some of us are affected in very personal ways, as we have heard today. Far too many of us continue to experience one form or another of gender-based violence.

Sexual violence is grounded in the abuse of power, yet each and every one of us in this place is incredibly powerful: we are women with a voice; we are women with a platform; we are people entrusted to speak on behalf of others. Surely our greatest testament would be for us to use that power to eradicate violence against women. I hope women right across this House—and men, too, who want to stand in solidarity with us—will join us in a fight to make these statements not just words, so that when we talk about the elimination of violence against women, we mean it, and we end it once and for all.

Independent Inquiry into Child Sexual Abuse

Eilidh Whiteford Excerpts

Monday 21st November 2016 Commons Chamber

[Sarah Newton]

I thank my hon. Friend for that comment. I quite understand that the victims, who have been abused, will feel disappointed at some of the issues that there have been with the inquiry. I quite understand that, but as he says, it is absolutely vital that the independence of the inquiry is maintained. The chair is meeting and engaging with the survivors organisations and individuals to make sure that the inquiry absolutely delivers on its terms of reference, which they themselves shaped. To go back to my initial response to the urgent question, the fact that 80 cases a week are being referred to the police and that over 500 people have come forward to participate in the truth project shows how valuable the inquiry already is to those victims.[Official Report, 23 November 2016, Vol. 617, c. 3MC.]

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

We all know that the inquiry has been dogged by setbacks and problems, so it is very disappointing to learn of further difficulties, namely the latest withdrawals and the concerns expressed by groups representing victims and survivors. I am sure that all right-minded people want the inquiry to succeed. We want it to meet its original purpose of investigating historical allegations of institutional child sexual abuse, and, wherever possible, we want, above all, justice for those people whose lives have been irreparably harmed by abuse. Yet, to do so we need to restore and secure confidence in the inquiry and its findings.

Notwithstanding the Minister’s reluctance to address what she considers to be operational matters, when does she anticipate that a suitable legal counsel will be appointed to ensure that the facts are well established throughout the proceedings? Following the resignation of the previous chair in August, does the Minister know whether internal procedures for resolving complaints about staff and panel members have been established? Most importantly—this is categorially not an operational matter—what does she plan to do to restore trust in the proceedings for those survivors of sexual abuse and to regain their support?

[Sarah Newton]

I thank the hon. Lady for her series of questions. I will take her last point first. On confidence, there is a huge amount that we can do in this House, and that is to get behind the inquiry. It is open for business. It is worth getting some perspective. Although I am really disappointed that one victims group has decided not to engage with the inquiry at the current time, I am hopeful that it will re-engage in the future. We must remember that it is one group. The inquiry is open for business and getting on with its work.

The question about the legal counsel is for the chair and the leadership of the commission. It is their responsibility to make sure that they appoint the people necessary to undertake the task. I am sure that the chair understands the concerns raised by Members and victims organisations regarding making sure that she gets on with resolving the issues so that the very important work that the inquiry is doing can come to a swift and really good conclusion.

EU Nationals in the UK

Eilidh Whiteford Excerpts

Wednesday 6th July 2016 Commons Chamber

[Andy Burnham]

That is precisely my position. Those people came here when they were legally entitled to do so and are contributing to our society. Absolutely, they should be allowed to stay. I am amazed that that is not the hon. Gentleman’s position as well.

The clearest explanation of the Government’s position came from the Minister for Immigration on Monday:

“It has been suggested that the Government could now fully guarantee EU nationals…the right to stay, but that would be unwise without a parallel assurance from European Governments regarding British nationals living in their countries”.—[Official Report, 4 July 2016; Vol. 612, c. 607.]

I want to take the House through the logic of that position and what it means in practice. Effectively, the Government are saying that if, in the course of negotiations, Britain was unable to secure the rights of British nationals living abroad, it would consider sending home EU nationals in retaliation. Let me put it another way: the Government are willing to put the lives of millions of people living here in limbo, and also the lives of their dependants, to secure the position of people who have chosen to make their life elsewhere. How can that be right? I have to say to the Government that this is not good enough.

Yesterday, we had an expansion on the Government’s position from a spokesperson, who said this:

“At last night’s meeting of the 1922 committee Theresa was very clear about the position of EU nationals in Britain, and argued that it was equally important to consider the rights of British nationals living abroad”.

I am all in favour of the UK Government doing all they can to secure the rights of UK nationals living in the rest of Europe, but it should not be at the expense of the security of families who are living, working and paying taxes here. The effect of this position is to prioritise British nationals living abroad at the expense of those living here, and I cannot defend that. I would argue that the best way for our Government to strengthen the position of British nationals living abroad is to make a decisive unilateral move now to secure the rights of those from other countries who are living here. Surely that would build the trust and good will that have been sorely lacking in the aftermath of the Brexit vote.

There is no reason at all why this issue needs to get mixed up in the negotiations with Europe. It was this Government’s decision to make these 3 million people an issue in the negotiations, and it is entirely within the gift of the UK Government to remove this uncertainty today and commit to changing the immigration rules. Although I understand the Minister’s argument that giving status to anyone who is already here before the UK formally leaves the UK could be an incentive for others to come here, he could easily fix that by making it clear that those with the right to stay have to have been resident in this country before 23 June, referendum day. It is very simple; a national insurance number would prove it. According to international convention, people should not have their rights retrospectively eroded. Does it not follow that people who have made a life here, which was perfectly legal for them to do, should not have the rug pulled from underneath them?

There is another more serious implication of the failure to take away the uncertainty. It will create the conditions for the climate of hostility that we have seen since the referendum to continue, and with it the potential for abuse and violence. That is not something that any Home Secretary or Home Office Minister should put his or her name to. If the Government’s formal position is that they might in due course ask people to go home, it can only give encouragement to those who wish to stir up division and hatred in our communities.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the right hon. Gentleman agree that it is quite wrong for the Government to use these people as pawns either in the Brexit negotiations or in the Tory leadership contest?

[Andy Burnham]

I could not agree with the hon. Lady more. That is exactly how these people feel. There have been quotes in the papers from people saying that that is the feeling they have been left with. Many of those who work in our NHS, our schools and our universities can go and work elsewhere, and some of them are highly sought-after individuals. If we do not send a clear message to them, others will.

--- Later in debate ---

[Dr Eilidh Whiteford]

rose—

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

rose—

--- Later in debate ---

[James Brokenshire]

I am spoiled for choice, but I will give way to the hon. Member for Banff and Buchan (Dr Whiteford).

[Dr Eilidh Whiteford]

More than 4,000 EU nationals live in my constituency and do essential jobs in our NHS and our schools. They also work in our private sector and play a critical role in our fish processing sector. The Government’s failure to offer reassurance on the future status of those EU nationals is causing not only distress but huge economic uncertainty. Will the Minister take this opportunity to guarantee that those already living and working here will have the right to stay?

[James Brokenshire]

I will come on to the points that the hon. Lady raises, but I recognise the contribution that so many EU citizens make to many aspects of our life and economy, as well as the issues that she highlighted such as the fishing industry in Scotland.

--- Later in debate ---

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

The day after the referendum, Scotland’s First Minister directly addressed nationals of other EU states, telling them,

“you remain welcome here, this is your home and your contribution is valued.”

It was a simple but powerful statement, and one that was warmly welcomed. Indeed, it was echoed today by the shadow Home Secretary. Like that statement, this motion has our full support.

In contrast, the Home Secretary’s comments were gravely misjudged, causing apprehension where there did not have to be any, and creating uncertainty when she has the power to provide clarity. What makes the situation all the more frustrating and ridiculous, for reasons I will come to, is that it seems blindingly obvious that EU nationals will be able to remain here as and when—and indeed if—Brexit occurs. But people need to hear that loud and clear from the Home Secretary. She must put that beyond any doubt.

On Monday, Members on both sides of the House united to tell the Home Secretary to do just that, and I have no doubt that the same will happen today. The same arguments, based on both simple common decency and plain common sense, remain overwhelming and unanswerable.

We have heard already, as we will hear again today, about the friends and family, the colleagues and the constituents from other member states who are now uncertain about their future. We have also heard, as we will hear again today, about the valued staff, the key personnel and the vital public service workers from other EU countries whose future now seems uncertain. It is utterly unacceptable to expect people to live their lives with such uncertainty. It is a disgraceful way to treat our EU citizens.

On Monday the Minister expressed genuine sympathy with many of those arguments, and it is abundantly clear from what he has said that he wants to get us to a position whereby EU citizens can and will remain in the country. Sympathy and expressions of hope, however, are not enough. Clarity and reassurance now are essential, and they can and should be delivered.

The reasons offered by the Government for refusing to provide that clarity are absurd and bizarre. On Monday the Minister was unhappy—he is unhappy again today—at the use of terms such as “bargaining chip”, but he himself said that securing the status of EU migrants in the UK, alongside that of UK citizens in the EU,

“needs to be part of the negotiations.”—[Official Report, 4 July 2016; Vol. 612, c. 616.]

That sounds exactly like a bargaining chip, because that is what it is, as his own hon. Friends have said. It is because the rights of EU citizens are being used as bargaining chips that the Government are not guaranteeing them.

That is as absurd as it is wrong and unethical, because it is a rubbish bargaining chip. How credible is it for the next Prime Minister to tell EU states, “If you don’t give us what we want, we’ll cut off our nose to spite our face, and if we don’t get the deal we are demanding, we’ll attempt to destroy ourselves by withdrawing rights from friends and loved ones, colleagues and neighbours”? The shadow Home Secretary and, indeed, the Chair of the Foreign Affairs Committee have already skewered the logic of that tit-for-tat approach.

[Dr Eilidh Whiteford]

Does my hon. Friend agree that the best way to protect the rights of British citizens living in other parts of the EU is to give a simple reassurance that EU nationals living here will have their rights protected?

[Stuart C. McDonald]

I absolutely agree with my hon. Friend. It is not a complicated matter. If we cannot persuade the Home Secretary on the grounds of common decency or common sense—that sometimes happens in immigration debates, unfortunately—perhaps we can appeal to her self-interest by gently pointing out to her that she is, unusually, making a fool of herself by taking this approach.

I genuinely believe—I certainly hope—that I am not being naïve in saying that I do not for a minute believe that the Government are realistically even contemplating removing rights from millions of EU migrants. I think that all hon. Members know that and I think that the Minister knows it; he did everything he could on Monday to hint at it without saying so explicitly. What is more, the European Commission, other member states and everyone else involved in negotiations know it, too. Sadly, the only people who really matter in all of this—the EU nationals themselves—do not know it, because the Home Secretary is not saying it and the climate that they are living in tells them the opposite. The Home Secretary needs to fix that now.

EU Migrants: National Insurance Numbers

Eilidh Whiteford Excerpts

Thursday 12th May 2016 Commons Chamber

[Mr Speaker]

Order. As I have myself been reminded, Members will, I am sure, have it in the forefront of their minds to refer to national insurance numbers in the context of this urgent question. That is at its heart, as I feel sure Dr Eilidh Whiteford is well aware.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I am indeed, Mr Speaker. I welcome the publication of the data this morning because it can only help to give us a better understanding of migration patterns, notwithstanding the fact that, on their own, I do not think that these national insurance registrations are a reliable indicator for measuring long-term international migration.

It is vital that we remember that migration is a global phenomenon, not just a European issue, and that it is very much a two-way street. In Scotland, we are all too aware that for generations migration has meant that many of our citizens have moved abroad. Even now, many of our most highly qualified young people leave to build careers in other parts of the world. I am also conscious that in some sectors of our economy we are heavily dependent on migrant labour, not least for our NHS, but for other parts of our public and private sectors. Migrant workers not only contribute to our economy, but help to anchor the jobs of the local workforce in the UK. What assessment have the Government made of the number of UK industries and UK jobs that depend on the free movement of labour within the EU? Will the Minister be forthright in dispelling myths about migration and in articulating the contribution that migrant workforces make to our economy?

[James Brokenshire]

As a Government, we have always been clear that we want to attract the skilled and the talented, the brightest and the best to contribute to the UK’s economic growth. We therefore have a very clear policy for visa nationals from outside the EU in response to that. When it comes to the EU, what we are more concerned about is the perhaps artificial draw that might come from benefits, and we also want to ensure that we have a skilled workforce in the UK to meet the needs of the economy. That explains the Government’s important work on apprenticeships through the apprenticeship levy and indeed the skills levy that we will introduce in respect of skill visas. We want to provide people from this country with the right skills to meet those needs so that we are not overly reliant on labour from outside the UK.

Immigration Bill

Eilidh Whiteford Excerpts

Thursday 30th January 2014 Commons Chamber

[Mr Hanson]

That is another issue. Our amendment 1 would remove clause 11 from the Bill and allow the Government to reflect on the concerns raised by the hon. Lady—she speaks from the Government Benches, but I appreciate that she has an independent frame of mind—and on those expressed outside, in evidence to the Committee, and by my right hon. and hon. Friends about the impact of abolishing tribunals on the sort of people currently having their appeals upheld. Individuals are having their appeals upheld at tribunal, but under clause 11 such appeals will not be possible. Our proposal is either, in amendment 1, to remove clause 11 or, if the Home Secretary cannot accept amendment 1, in new clause 13, to provide for an assessment beforehand so that we can consider this matter in detail.

Madam Deputy Speaker, you will be pleased to hear that I am coming to my final point, although I have only spoken for half an hour—considerably less time than the Home Secretary took. The hon. Member for Esher and Walton has a range of support for his new clause 15, and in due course I will want to hear again what he has to say about it. Like my right hon. and hon. Friends, I want to see foreign criminals deported. That is right and proper. I was pleased, as well as doing counter-terrorism, to serve under my right hon. Friend the Member for Blackburn (Mr Straw) in the Ministry of Justice. He went to Vietnam to negotiate a deal to deport terrorists and prisoners there, and I went to Nigeria to do the same. We also negotiated a deal with the EU for it to accept foreign criminals, which the Government are now implementing and from which they are reaping the benefits. We have an interest in ensuring that foreign nationals living in this country who commit crimes and go to prison serve a sentence and then are ultimately returned to their home state.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the right hon. Gentleman agree that there is a fundamental difference between deporting foreign criminals and deporting suspects?

[Mr Hanson]

There is, and we can explore that in due course, but I want to focus on the new clause tabled by the hon. Member for Esher and Walton, as the principle of removal is a reasonable one. Let us look at some of the tests that the Home Secretary talked about. I am not one to do this very often, but let me give credit to the Home Secretary: she is trying to make progress on a couple of issues in relation to existing legislation to try to improve the process of deportation. We have given our support to do that, but that process has not yet been developed, examined or evaluated. There is scope for us to look at whether what the Home Secretary has proposed is right and proper and is put into effect.

The hon. Member for Esher and Walton has a long history inside and outside this House of dealing with these matters, but there are still some concerns on the Opposition Benches about the measures that he is proposing, not because we do not want to deport foreign criminals, but because we want to do it in a way that maintains our integrity in relation to the convention on human rights and our integrity with our European and world colleagues. I say that because in relation to a similar amendment that he tabled to the Crime and Courts Act 2013, I have seen a note that perhaps I should not have seen—

Violence against Women and Girls

Eilidh Whiteford Excerpts

Thursday 14th February 2013 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

It is a pleasure to follow the hon. Member for Battersea (Jane Ellison), and I congratulate the Members who secured this debate, in particular the hon. Member for Slough (Fiona Mactaggart), who opened it so eloquently.

The One Billion Rising campaign reminds us that one in three women will be raped or beaten in their lifetime. Today’s debate gives us an opportunity to commend the women and men who in so many different ways are refusing to accept the status quo and are working either to support the victims of sexual violence or to change laws, attitudes, customs and institutions that perpetuate abuses of power here at home and internationally.

On a day when so many people around the world are celebrating loving relationships, it is important to highlight the extent to which violence against women and girls blights our individual and collective lives and to acknowledge the systemic nature of violence against women. It affects all of us, directly or indirectly, whatever our age, nationality and religion. I am sure all of us will have experienced gender-based violence or will know a friend, sister, mother, aunt or work colleague who has experienced it.

It is also important not to be overwhelmed by the dimensions of the problem and the scale of the challenge of ending the culture of violence. Some 20 or 30 years ago domestic abuse was seen as a private family matter. Too often criminal violence in the home was not pursued as it ought to have been. It was a taboo subject. Breaking the silence around abuse has been an important milestone on the road to taking the issue seriously and tackling it. It is a multifaceted problem, but I believe it is underpinned by inequality between women and men, and is perpetuated through unacceptable abuses of power. One reason why it is so difficult to address is that it challenges deeply held attitudes and beliefs, understandings of justice and ingrained cultural perspectives—yet it is neither inevitable nor intractable.

As legislators, we have a special responsibility to tackle the grave and serious human rights abuses happening in our own community. We also need to recognise that we are not impotent to deliver meaningful progress. Today’s motion has focused largely on prevention within the formal education system. Obviously, education is a devolved issue in Scotland, and the structure of the curriculum does not mirror the situation in other parts of the UK. Nevertheless, I wish colleagues well in their efforts to improve the curriculum in England and Wales, and I hope there will be reciprocal learning on how the respective education systems can rise to the challenge, especially given the alarming attitudes to sexual violence recorded among young people, to which Members have alluded. The hon. Member for Totnes (Dr Wollaston) talked about the normalisation of violence, so I do not see how anything could be more of a priority for us.

One example recently brought to my attention in the Scottish context was a pilot scheme initiated by the Dundee violence against women partnership, which was an attempt to embed preventive measures in the curriculum for excellence in nursery, primary and secondary school settings. Working with a range of partners and using a rights-based approach, it tries to embed the idea that children and young people have rights and that their dignity is important. The project workers commented on how relatively easy it had been to integrate preventive measures across the curriculum. They used a thematic approach so that the issues could be addressed in an English class or a statistics class—not just in the timetabled slot for health, well-being or relationships education.

Another key part of addressing sexual violence is ensuring that perpetrators are held more accountable for their actions within the criminal justice system. Changing attitudes and beliefs will not be enough on its own if people cannot realise their rights. I do not think it would be controversial to say that the historical track record has not been good in domestic terms.

Again, I would like to share some perspectives from the Scottish context, which I am sure will resonate with hon. Members from other parts of the UK. I pay tribute to the Scottish Women’s Aid and Rape Crisis Scotland for its campaigning and advocacy to raise awareness and improve our legislative framework. Only one in four rape cases reported to the police in Scotland results in a prosecution; three out of four people who seek access to justice are still denied it. We know that huge numbers—perhaps a majority—of people who have been raped do not report it to the police. In that respect, confidence in the system remains far too low. Conviction rates have historically been woeful; they are improving, albeit from an abysmal starting point. It is easy to understand why many people who have experienced serious sexual assault are reluctant to put themselves through further trauma at a time when they might feel exceptionally vulnerable. Given the fairly low prospect of securing a conviction, it takes immense courage for women to come forward.

Our criminal justice system has failed and continues to fail far too many victims of rape and sexual assault. Many of us have been deeply saddened by the dreadful revelations about the suicide of Frances Andrade. Back in 2002, an equally tragic death took place in Scotland when 17-year-old Lindsay Anderson took her own life shortly after giving evidence at the trial of a person subsequently convicted of raping her. What was particularly appalling was that in court Lindsay had to hold up the underwear she had been wearing at the time of the attack. It was sickening and, frankly, it still leaves me speechless. In spite of real efforts to move away from using women’s character and sexual history in court, people subjected to sexual violence are still traumatised by the process, which can compound the very real harm done by the original offence.

I do not have much time left. Before concluding, I echo the points made earlier about the way in which women are portrayed in popular culture and about the misogyny often expressed in social media. We do not have any room for complacency. Prevention and accountability must go hand in hand. Together, we really can make progress and end—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

International Women’s Day

Eilidh Whiteford Excerpts

Thursday 8th March 2012 Commons Chamber

[Amber Rudd]

Some people say that we do not need an international women’s day or quotas and so on because they see younger women doing so well at A-level and at entry levels. However, they fall down at more senior levels.

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

Does the hon. Lady agree that gender segregation in the workplace is one of the major reasons why women do not make career progress?

[Amber Rudd]

I think that the main reason why women do not make real progress is child care. We often debate on the Floor of the House who has better answers to that, but we know that child care went up by 50% under the previous Government. I am longing for more initiatives from the Government to build on those we have because I believe that child care is the big problem that prevents women from getting on.

This afternoon, we will hear about individual campaigns and particular issues championed by hon. Members. It will be an exciting afternoon. Many women Members of Parliament have got young women from their constituencies shadowing them. I have Amy Gibbons and Alice Williams from Parkwood in Hastings shadowing me today. I know that they are most welcome here.

We need today to reinforce the message that Members must continually champion women’s lives. Tremendous progress has been made, but the position is still unfair nationally and internationally; the world is still lop-sided. We have an important role to play in highlighting that.

Internationally, 19% of parliamentary seats are held by women, and only 16 of the world’s directly elected 188 leaders are female. Does it matter? You bet it matters. When colleagues here say, “We don’t necessarily need more women MPs—I can speak for the women”, one might tactfully suggest that they look around the Chamber today to see who is speaking up for the women. From whom will we hear this afternoon about individual issues that matter to women and their communities? The answer is, of course, women.

What key issues do I hope will be discussed this afternoon? We will hear about pay, child care and opportunity. We heard earlier from my hon. Friend the Member for Maidstone and The Weald (Mrs Grant) about safety, which is another key issue for women. So many women are not safe in their houses. The United Nations has said that one in three is likely to be a victim of sexual assault. Violence against women causes more deaths and disabilities in women aged 15 to 54 than cancer, malaria, road accidents and war. Tremendous progress has been made, but we must never let that make us complacent.

We need international women’s day, not to be just like those countries, such as China, Russia and Vietnam, that make today a national holiday—would not that be a nice idea? Some countries make it a national holiday for women. Perhaps that would get the attention of some of our colleagues.

The serious point is that the personal is political. We need to do more to help women, not just in the workplace, although it is important, not just in schools, but in their homes. We must never take our eyes off the ball.