Domestic Abuse Bill

Fay Jones Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op) [V]]

May I associate myself with the comments today about the Duke of Edinburgh and Dame Cheryl Gillan?

If we want to tackle violence against women, we need to change the conversation. We need to stop asking how we keep women safe and start asking how we stop the violence. I pay tribute to the many organisations and many Members across the House who have devoted time, effort and energy to the Bill and to that conversation—SafeLives, Refuge, Women’s Aid, Southall Black Sisters, Laura Richards, to name but a few of the many. The bitter reality is that whatever political perspective we come from, we have all known, in the many years that we have worked on this legislation, that it is a once- in-a-lifetime opportunity, because the conversation has all too often been about how women should keep themselves safe, rather than our responsibility to free them from harm.

I welcome the Government’s agreement to many changes to this legislation along its journey—just today, we are discussing their acceptance of Lord Kennedy’s amendment to stop doctors charging domestic abuse victims for medical evidence, for example. This also includes the changes on revenge porn, treating crimes that are motivated by misogyny as hate crime and ensuring that the police act to record how hostility towards someone’s sex or gender means that women are targeted for assault, abuse and harassment. However, in the time I have today, I want to urge the Minister to go further and drop the Government’s opposition to amendments where we ask a victim to fit a particular box rather than recognising that they all need our assistance to stop the violence.

Lords amendments 1 to 3 recognise the abuse of disabled people by paid or unpaid carers. Disabled women are twice as likely as their non-disabled counterparts to experience abuse, so we seek to support our disabled sisters from those who are their intimate contacts—people we trust to undertake some of the most sensitive acts, whether that is personal care, or emotional or financial matters. The Minister says that she cannot accept these amendments because giving those who are abused by their carers the protection of the Bill would change the common law understanding of domestic abuse and somehow dilute the purpose of the legislation, but the amendment is exactly about changing our understanding of abuse, where it happens and who suffers from it. This abuse takes place in a domestic setting and it is the result of an intimate relationship. For too long, those affected have been telling us about reviewing their evidence, how somehow they have to prove their case and why they cannot keep themselves safe through existing legislation. If we want to stop violence and abuse, we need to act and change how we think about domestic abuse accordingly. That is what Lords amendments 1 to 3 do.

Many have already spoken about Lords amendment 41, because that ensures that we give migrant victims of abuse the help that they need to leave abusive relationships, whatever their status. Without it, the Government are asking us to make a decision on whether to keep a victim of violence safe not on whether she is at risk, but on whether she has the right stamp in her passport. There is a speech for another day about the dysfunctionalities of the UK Border Agency and its ability to manage our immigration service, but it is a simple matter of fact that many victims of domestic abuse cover the cost of getting support, help and access to a refuge through their ability to access public assistance. When we deny women access to that assistance due to their immigration status, we consign them to having no way out of harm. Indeed, as Refuge pointed out, the number of survivors of abuse with no recourse to public funds is likely to increase post-Brexit under our new immigration proposals, so the need to address this will become even more pressing.

The Minister said that migrant victims should be seen as victims first, yet as she can see from the super-complaint and the evidence that it reveals, the reality is that they are all too often treated as potential criminals first and foremost when they come forward. We need to not only safeguard them from having their data shared but give them protection from being exploited full stop, and that is what Lords amendment 41 does. There are contradictions already exposed in this debate. The Minister says in one breath that the key consideration for migrant victims is not their immigration status and then says that victims of domestic violence should not have an automatic right to status in the UK. She says she needs more information and claims that the amendments are unnecessary as a result because she is reviewing the matter. I tell her, as somebody who has had to deal with these cases in my constituency and who is a big fan of the work that Southall Black Sisters does, that we do not need more reviews and more evidence, because the evidence is painfully already there.

The Minister says there is support, but we know that in 2019, for example, four in five migrant women were turned away from refuges due to their “no recourse to public funds” status. We have seen at first hand the women kept in violent relationships because of their immigration status. We have given testimony of the culture of fear they experience—fear of not only their abuser but the officials who are supposedly there to help them.

I also say, as a former member of the Council of Europe who had the privilege to serve on it alongside Dame Cheryl Gillan and learn from her in that institution, that we cannot ratify the Istanbul convention while we try to draw a distinction between women in the help they can access. Ministers told us that women in Northern Ireland were not treated differently when it came to their reproductive rights, and quite rightly, the Council of Europe told them otherwise. It is the same when it comes to drawing a distinction between migrant women and whether they can access support for being victims of domestic abuse. It is long overdue that we ratify the Istanbul convention. We cannot let this prevent us from being able to do that. We are one of the few countries left in Europe that has yet to ratify the convention, and I ask the Minister to talk to her counterparts in Europe, and to recognise how this will be a barrier to doing that and will leave women at risk in our communities.

Finally, I turn to Lords amendment 42, another matter on which there is much agreement in the House that we need to act. It is the best example among the amendments of how we can change the conversation and stop the violence caused by serial perpetrators and stalkers. The Minister tells us that the amendment is not needed, that it is not about the category of an offender but how MAPPA processes work, and that her proposals for reform will address that. I understand the point that she is making, and I can see that there is some truth in her argument about how services need to work together, because the evidence shows time and again that serial offenders and serial stalkers were left to target women without intervention. For years, women have lived in fear and begged for help from the police to protect them, only to be told that they were being overdramatic. That is not me being overdramatic. Research shows how the constant dismissing and downplaying of stalking’s serious nature means that, on average, victims of the crime do not report to the police until the 100th incident.

Shana Grice was fined for wasting police time before she was murdered by her stalker—a man who had been reported by 13 other women for stalking. Alice Ruggles was murdered by her ex-partner in 2016. The court heard how a restraining order had been taken out by an ex-girlfriend of his just three years earlier, but at the point at which Alice was begging the police for help, Northumbria police had no knowledge of that. Janet Scott, Pearl Black, Linah Keza, Maria Stubbings, Kerri McAuley, Molly McLaren, Hollie Gazzard, Justene Reece, Kirsty Treloar, Jane Clough, Linzi Ashton—all those cases involved serial perpetrators who had been violent and abusive to other women before they were attacked. No one joined the dots. No one asked whether they were at risk and acted. These women were sitting ducks. That is the system that the Minister is defending today.

The right hon. Member for Maidenhead (Mrs May) says that putting someone’s name on a list does not make a difference. Frankly, I disagree. It means that we can finally hold the police, not the victims, to account, because they would have direct accountability for the management of their behaviour. It makes stalking something that the police have to recognise in its own right as something they need to stop, rather than something that women have to prove and manage. I pay tribute to the work that Laura Richards has done tirelessly to expose the situation and fight for these changes and to Baroness Royall, Baroness Newlove and Lord Russell for their work in the other place on this issue.

We know that this Bill has been a marathon, but we are asking the Minister to keep going that extra mile, to use this once-in-a-lifetime opportunity, to stop trying to defend the indefensible and the status quo, to change the conversation so that we can stop the violence and not allow perpetrators of these crimes to use the loopholes—those that the amendments would close—to continue the abuse. The evidence base is already there. It just needs the political will to act. I say to the House that if the Minister will not listen, we must, and we must vote for the amendments.

[Fay Jones (Brecon and Radnorshire) (Con)]

I join colleagues in their tributes to Dame Cheryl Gillan. I knew her for 20 years, from her role as shadow Secretary of State and later as Secretary of State for Wales. I am so very sorry she has gone; she would have made a fantastic speech today.

It was an honour to sit on the Domestic Abuse Bill Committee last year. I am extremely proud that we have managed to prioritise this vital piece of legislation at this time. It will empower victims, communities and professionals to confront and challenge domestic abuse, and above all to provide victims with the support they deserve.

I commend the Minister for her efforts in this area and the shadow Minister, who talked about the spirit with which this Bill was forged. She is absolutely right that it has been made stronger all the way along by Members on both sides of the House, and I very much welcome that. I welcome the Government’s support for some of the amendments that were laid in the other place. They will create a standalone offence of non-fatal strangulation, extend the coercive and controlling behaviour offence to post-separation abuse and criminalise threats to share intimate images.

I also support the Government in opposing Lords amendment 41. I believe that, as worded, it could risk further exploitation of vulnerable individuals, as my right hon. Friend the Member for Maidenhead (Mrs May) pointed out. The Government have taken a significant step in supporting migrant victims today by announcing the scheme to be delivered by Southall Black Sisters. I met them when they gave evidence to the Bill Committee, and I am confident that they will be successful.

Much of what we will discuss this afternoon will be addressed later this year as the Government look at the violence against women and girls consultation. I commend the Government for acting fast and reopening that consultation in the wake of the horrific murder of Sarah Everard. It is extremely positive that so many more contributions were made to that consultation.

While I have the Minister’s ear, I want to press again the need to do something about cyber-flashing—spreading indecent images using mobile devices on an unsolicited basis. That happens often on public transport. I was once flashed by a man on a night out in Cardiff. I could have had him arrested, because doing it in person is a criminal offence, but if a person digitally exposes themselves unsolicited, it is currently not the same offence. That needs to change. No one should be made to feel alarmed, distressed or intimidated as a result of being sent an unsolicited explicit photo. With so many more of our young people living their lives online with their own mobile phones, we need to put a stop to cyber-flashing.

I briefly want to mention the case of Ruth Dodsworth. For those of us in Wales, she is a very familiar face. She is a TV and weather presenter on ITV Wales. Yesterday, her ex-husband was jailed for three years after making her life a misery for nine long years. He was verbally abusive and physically violent. He followed her to work, put a tracker on her car, and even used her fingerprints to open her phone while she was sleeping to read its contents. Every day, Ruth went to work and read the weather forecast in a sunny, positive manner, completely concealing the horror that she was facing at home. I raise that point not only to praise Ruth’s bravery and incredible courage but to remind victims everywhere that they do not have to put a smile on their face, pretend they are okay and get on with it. The police and the criminal justice system are there to support them when they come forward. Ruth’s case shows that this is not something that is happening in the shadows to women we do not know. We all know a victim of domestic abuse, whether we know it or not. This Bill is landmark legislation that will go a significant way to protecting the estimated 2.4 million victims of domestic abuse each year. I wish it swift passage through these Houses.

Before I close, I want to single out the work that has been going on in my local area in Powys. I particularly applaud Powys County Council’s children’s services. Recently, I met its head of service, Jan Coles, and she talked me through the outstanding work it has been doing to support children victims of domestic abuse. That work has obviously been made so much more difficult during the recent pandemic, and I want to put on the record my thanks for what it has done. Powys was one of the first local authorities to quickly get vulnerable children into school hubs at the same time as key worker children, and I commend the council for that effort.

Finally, I thank all the brave survivors and tireless organisations who have given evidence during the passage of the Bill. This Bill is stronger because of them. I give it my full support, and I am proud to have played a very small part in it.