Domestic Abuse Bill

Fiona Bruce Excerpts

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

[Christine Jardine (Edinburgh West) (LD)]

It is a pleasure to follow the right hon. Member for Gainsborough (Sir Edward Leigh). In fact, it is a pleasure to have reached this stage in the journey of this Bill. As the Minister said earlier, it has in some ways been a very collegiate experience. The hon. Member for Birmingham, Yardley (Jess Phillips) also referred to that as well. It was certainly something that I felt about the Committee. Perhaps that has been because it is a journey that we all appreciate will be life changing for the hundreds of thousands of women particularly, who in this country and every year, face domestic abuse. If there is one message that we all want to go out from this place today, it is that we will accept no excuse for domestic abuse against anyone, whether physical, emotional or financial. It will simply not be tolerated.

In the time I have been involved in the Bill, I am happy to acknowledge that the Government have moved their position in several significant ways, and I am particularly pleased to see children now included on the face of the Bill, because we all recognise the impact that domestic abuse can have on them.

I also acknowledge the fact that the Government have listened to calls from the Liberal Democrats to improve protection of abuse survivors in family courts, where often perpetrators have been able to continue to coerce and control the person they have abused. However, there are still significant changes that many of us in this House would like to see—I will come on to migrant women in a moment—but we also want to strengthen support available from local authorities and measures to support teenagers involved in relationships that are abusive.

As I said, most importantly before us today are the amendments particularly relating to migrant women who encounter domestic abuse. That could enable the ratification of the Istanbul convention—it is now eight years or more since this country signed it. On that subject, I would specifically like to mention new clauses 26 and 27. I am mindful of the Minister’s comments on supporting the support for migrant women scheme, and I look forward to seeing that come to fruition, but new clause 26 would give migrant women who survive domestic abuse the right to remain in this country.

I note that the Government said in their letter that they did not believe a blanket proposal was appropriate, but as Amnesty International points out, expanding the domestic violence rule to offer leave to remain to all survivors is by far the simplest and surest way to stop anyone falling through the cracks. During covid-19, we have seen that it is all too easy for people to do that, regardless of good intentions.

The other relevant new clause I would mention is new clause 27, which would prevent the sharing of data between Government agencies such as the police and the Home Office and reassure those afraid to come forward and report violent and unacceptable abuse for fear that their immigration status might be investigated and they could ultimately be deported. How can we help people? What would it matter what steps were put in place to support them when they are too afraid to come forward in the first place? Surely we must offer those facing the most horrific of personal circumstances the comfort and security of knowing that they will be helped unconditionally. Numerous charities, such as Southall Black Sisters, End Violence against Women and other organisations, have called for these measures, and we heard heart-breaking evidence in Committee from a woman who had come here from Brazil only to find herself eight years later facing the most difficult of situations because of domestic abuse. I believe the Bill can change that, and all survivors of domestic abuse, regardless of where they come from or who they are, must have the same protection in law.

There is one other vital issue and that is misogyny as a hate crime, in the amendment in the name of the hon. Member for Walthamstow (Stella Creasy), which I have supported throughout the passage of the Bill. The reason is simple for me: if we are truly to tackle domestic abuse effectively—not just respond after the fact but prevent it in the first place—we have to understand where it comes from. That is the aim of amendment 35 in requiring police to record and act on offences that are motivated by misogyny—a hatred and disregard for women. It has been in place in Nottinghamshire since 2016, and campaigners there say that the approach has given women the confidence to report abuse.

In commending those various amendments to the House, I would also like to pay tribute to the right hon. Member for Maidenhead (Mrs May) and hope that when we conclude the proceedings she is happy with what we have done with the Bill she first brought forward.

[Fiona Bruce (Congleton) (Con)]

I support this landmark Bill and the Government’s amendments to it. I wish to speak to new clause 1, in my name, new clause 28 and my amendments to it. In 2018, the Select Committee for Women and Equalities concluded:

“There is significant research suggesting that there is a relationship between the consumption of pornography and sexist attitudes and sexually aggressive behaviours”.

The Minister has rightly said that the rough sex defence is unconscionable. In the light of recent survey evidence showing a clear link between rough sex and the influence of pornography, I tabled new clause 1, to ask the Government to investigate this further and to highlight the urgent need for action to be taken by Government to tackle pornography concerns more widely, such as addiction, and to protect children from seeing it and being forced to engage in it. In tabling new clause 1, I am seeking from the Minister—and I appreciate the fact that I have found a listening Minister during the progress of the Bill—an assurance that Government will take early steps to tackle concerns about harm from pornography, so that I do not have to press new clause 1 to a vote.

I cannot put the key objections to new clause 28 better than a response I obtained from a female GP. It is long but worth repeating. She says:

“I am very concerned about the proposed changes to new clause 28. It is extraordinary that it should be argued that a woman suffering or at risk of domestic abuse, seeking abortion should somehow be considered to be at less risk if she consults a doctor remotely by telemedicine and given abortifacients to take at home. Where is the opportunity to check with her, privately, that she is not being coerced or that she may be in danger, to examine her to determine her stage of pregnancy, to offer support and clear advice in a place of safety? As a medical practitioner working remotely, how can I reliably ensure she is at the stage of pregnancy she says she is, as the use of abortifacients used later than the 9 weeks 6 days limit carries greater risk of complications which I would be responsible for providing care for? And how can I provide assurance that this woman is suffering from domestic abuse unless it has been previously disclosed to me… These factors are virtually impossible to verify without a face to face consultation”.

[Jim Shannon]

I commend the hon. Lady for all she does in this House on preserving life in every sense of the word. In a context where article 39 of the Istanbul convention highlights the need to counter coercive abortion, does she agree that the proposal to allow women in domestic abuse situations unique permanent access to medical abortion, without needing to leave their abusive environment for a physical consultation, is nothing if not seriously misplaced? That is why her amendments (a), (b) and (c) to new clause 28 are very appropriate.

[Fiona Bruce]

I will come on to that; I thank the hon. Gentleman for his contribution.

I want to quote someone who works regularly with victims of domestic abuse. She says:

“This proposal in reality is actually a gift to male abusers who want their partners to abort.”

New clause 28 will not help abused women. It could put them in a worse position, and it is dysfunctional. I tabled amendments (a), (b) and (c) to illustrate that fact. I want to thank the hon. Member for Belfast East (Gavin Robinson) and my right hon. Friends the Members for Basingstoke (Mrs Miller) and for Gainsborough (Sir Edward Leigh) for underlining and accepting that. Amendments (a) and (b) address the fact that there is no 10-week gestation limit, which is potentially dangerous, and that this potentially includes surgical abortions outside clinically approved settings, which is similarly concerning. Amendment (c) relates to the vital need for some sort of review of the current emergency legislation before any extension of the legislation is brought forward. I thank the Minister for her proposal of a consultation. Will she confirm that it will be a proper inquiry?

[Victoria Atkins]

I emphasise that the Government are neutral on the very sensitive topic of abortion, but I hope that my hon. Friend and others across the House who hold a range of views—genuine views—on this topic will take comfort from the fact that the Government intend to launch a public consultation, as I outlined in my earlier intervention, and I thank her for her work.

[Fiona Bruce]

I thank the Minister for that. On that basis, I will not press amendment (c) to a vote, and nor will I press amendments (a) and (b), because they have achieved their purpose, which was to point out the flaws of new clause 28.

Mr Speaker has—quite rightly, for constitutional reasons—ruled new clause 29 as out of scope. This is a domestic abuse Bill; it should not be hijacked by those continuously campaigning on another issue and constantly looking for opportunities in this place to add badly worded amendments to Bills with unforeseen implications and complications.

We have already seen the outcome of such an approach with the Northern Ireland (Executive Formation etc) Act 2019. This House should, I hope, be very wary of repeating that. I support the Government’s endeavours to tackle domestic abuse: let us ensure that that is the focus of this Bill.

--- Later in debate ---

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

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

It is a real pleasure to have made it to the first Third Reading of this Bill. As the hon. Member for Birmingham, Yardley (Jess Phillips) and I were reminding ourselves, there were two Second Reading debates, and the fact that we have reached Third Reading is a significant milestone not just in the history of the Bill, but for the millions of people who have either suffered in silence or who have had their stories told, either here or to courts and other proceedings up and down our country.

The passing of this Bill by the House marks an important milestone in our shared endeavour to provide better support and protection for the victims of domestic abuse and their children. It is the culmination of over three years of work and I again pay tribute, in particular, to my right hon. Friend the Member for Maidenhead (Mrs May) for championing this Bill, as well as to all right hon. and hon. Members who have contributed. We know that this Bill went through a draft Bill procedure —one that I commend and support in particular in this instance, because the prelegislative scrutiny that was undertaken by my right hon. Friend the Member for Basingstoke (Mrs Miller) and her colleagues in that Joint Committee made it clear and ensured that this Bill, as it came to the House, was already in a strong state.

The Bill was improved during the course of debate. It was scrutinised properly in Committee. I am grateful to the Committee members of all parties, who not only did their duty but threw themselves into the process with enthusiasm, vigour and purpose. It shows that, contrary to how some of the commentariat often scoff at the Committee process in this House, the process is not only alive and well but working well. That is a vote of confidence in a vital part of line-by-line scrutiny

The Bill now expressly recognises the devastating impact of domestic abuse on the lives of children growing up in a household where one parent is being abused by another. Such children are also the victims, and it is right that the Bill recognises that, allowing them to gain better access to the protection and support they need.

During the passage of the Bill, we have also strengthened protection for victims in court. No victim of domestic abuse should be re-traumatised as a result of being subjected to cross-examination in court by their abuser. Such cross-examination in person is already prohibited in the criminal courts, and the Bill now extends that protection to the family and civil courts.

We must also do everything we can to enable the victims of domestic abuse to give their best evidence in court. That might mean, for example, giving evidence from behind a screen or via a video link. Again, that principle should apply in all court proceedings. As a result of an amendment, we now have automatic eligibility for special measures in criminal, family and civil proceedings.

We have also delivered on our commitment to make the law crystal clear in relation to the so-called rough sex defence. We now have it enshrined in statute that no one can consent to serious harm, or indeed their own death, for the purposes of sexual gratification. I join in commendation of the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), both of whom have met me on several occasions to discuss these matters and to whom I am grateful, and, most importantly, the family of Natalie Connolly, who have assiduously campaigned on this issue.

[Fiona Bruce]

I raised on Report the link between rough sex and pornography, with recent surveys indicating that there is indeed a link. Would the Secretary of State be good enough to give a little more information on the assurance I sought that the Government would take early action to address concerns about harms resulting from pornography?

[Robert Buckland]

I am grateful to my hon. Friend for the way in which she brought the issue to the debate via her amendment and the constructive approach she has consistently taken. Yes, I can give her that assurance, which will come in several forms. Research is being done by the Government Equalities Office on this sensitive and important issue. That will be published soon, and through legislation and the online harms policy, which my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport is responsible for, we have again a vital opportunity for early action to deal with the issue she rightly raises.

The Bill has been a prime example of how the Government, parliamentarians and campaigners have come together to identify an area where the law falls short and done something about it, yet we recognise that, in relation to a number of other issues, there is still more to be done. The recent publication of the report by the expert panel on harm in the family courts and the Government’s implementation plan affords, I think, a unique opportunity for the family justice system to reform how it manages private family law cases involving children. I put on record my own personal commitment to the process. That report was uncompromising, it made for difficult reading and it was critical, but I felt strongly that it had to be published, warts and all, because if we are going to deal with this problem, we have to be honest about the failures of the past, and through that process of honest assessment come up with something better. We owe it to the families who look to the court as a place of resolution rather than a place of further abuse, strife, hurt and horror.

The panel received more than 1,200 submissions of evidence and the report provides significant insight into the experience of victims of domestic abuse in family courts. It is a launch pad for the actions that we are going to take to better protect and support children and domestic abuse victims throughout private family law proceedings. There is more work to be done, because I strongly believe that although the adversarial principle is an important one and serves to advance the interests of justice in many settings, in private family law proceedings in particular we have to look for a better way to resolve the issues and to achieve a higher degree of justice for everybody involved, not least the children whose voices must be heard and who, despite the best efforts of the Children Act of 30 years ago, still do not necessarily get their voices heard in the way that we owe it to them to allow.