(3 months, 4 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to follow the right hon. Member for East Ham (Sir Stephen Timms). I agree with what he said. Assisted dying is a complex subject, and if we are to make any progress in discussing it we need careful reflection and informed debate. It is reasonable that reference to statistics should be made, but we need to be careful in our use of them. What people understand by the term “assisted dying” makes a difference.
In 2021 a Survation poll asked more than 1,000 members of the public what they thought the term meant. Only four in 10 correctly understood it to mean providing lethal drugs to those with less than six months to live to end their life. The same proportion incorrectly thought that it meant giving people who are dying the right to stop life-prolonging treatment, which is already legal in the UK. Worryingly, one in 10 said that the term referred to the provision of hospice-type care for people who are dying. So six in 10 people did not understand what “assisted dying” actually means. We need to ensure that our constituents are fully informed about what assisted dying means, so that they do not “run there blindly”, as Josh Glancy warns in his thoughtful article in The Sunday Times yesterday, which was movingly referred to by my hon. Friend the Member for Stroud (Siobhan Baillie).
Let us consider a recent Dignity in Dying poll, which concluded that 75% of Brits supported assisted dying. That had fallen from 84% in a 2019 Populus poll. But how strong is the supposed support? That recent poll found that only four in 10 of those polled wanted their MP to vote in favour of assisted dying. It seems that out of the initial 75%, almost half did not support the cause enough to want the law to change. To proclaim that nearly eight in 10 Brits want assisted dying cannot be accepted as a fair representation.
A more committed and thorough approach to understanding what our constituents think might lead us to reflect on a 2014 ComRes poll, which found that the proportion of people who supported assisted dying stood at seven out of 10 when initially asked, but fell dramatically to four in 10 when presented with the full picture of the arguments against assisted dying, and so equipped to make a more informed decision. I recall that in the 2015 debate, several colleagues had entered the Chamber without a firm view on assisted dying, but after they heard the arguments and implications of changing the law on assisted dying and what it would mean for this country, they firmly voted against it.
Living with terminal illness is distressing and difficult for the person involved and for their family and friends. The cases we regularly hear about are truly moving and evoke the highest degree of compassion. When and how someone passes from this life is challenging and a very emotional topic.
When I raised this issue in Parliament back in 2011, I expressed my concern about how the practice of withholding water and food in order to accelerate someone’s death had been deemed lawful in court, although I was relieved that after the Neuberger review that was effectively stopped across the country. Assisting or encouraging suicide is a criminal offence under section 2 of the 1961 Act. That Act was updated by the Coroners and Justice Act 2009, and there was an attempt then to change the law to make assisted suicide legal in this country.
I was not in the House at the time of the 2009 Act’s passage, but fortunately that attempt failed. What did come, though, were guidelines for the Crown Prosecution Service, put in place by the then Director of Public Prosecutions—now the Leader of His Majesty’s Opposition —which seem to have stood the test of time. Back in March 2012, when this House debated those rules, it voted against the proposal to make them statutory guidance while adding its support for palliative care and hospital provision.
There has been a lot of talk about how somebody comes to the end of their life, but there is an overwhelming difference between clinicians knowingly giving medication to help accelerate someone’s death—mindfully setting out to kill—and giving something that may help deal with the pain. However, I think such ethical issues need to be considered as stand-alone Bills. Unfortunately, there are too many attempts to make quite significant changes to ethical issues through Government Bills that are often rushed through, and so significant changes happen with very little debate, if any at all.
On 11 December 2015, 330 MPs voted against changing the law, which is three quarters of the MPs who voted that day. That was not an insignificant debate, and 70% of the House participated in that Division. Since then, no Member of Parliament has come forward with a Bill for the House to consider, either through the ballot or by presenting a Bill. While I know that a lot of constituents would like a change in the law, I still think that the House would not make one. We have seen the issues that have put doubt into people’s minds.
Many Members have talked about the experiences of other countries. The evidence of the acceleration that has happened around the world shows exactly why we should not change the law. In Washington state in 2009, a quarter of people applied because they thought they were a burden. That rose to 59%.
Is my right hon. Friend aware that, at the same time that this country’s Parliament voted against legalising assisted suicide, a different decision was made in Canada? In 2016, the first year of medically assisted deaths, 1,000 people chose to have one. By 2022, more than 13,000 people had availed themselves of that law, representing a 30% year-on-year increase.
My hon. Friend points out how this starts to increase quite significantly. It was also in Canada that a distinguished Paralympian who was looking for help with their disability was offered assisted dying as an alternative to adaptation of their home.
There has been a lot of discussion today about elderly people, but we are not just talking about elderly people. We are talking about vulnerable people. We are talking about people with disability. We are talking about people who could be taken advantage of to end their lives early and who may have that element of being considered a burden. People in this House have put forward the view of Matthew Parris that it is perfectly rational to say that you are a burden, and that you should potentially end your life. No one should feel such a burden on their family, their friends and society that they should end their life early.
While I will upset some of my constituents, I hold a different view from them on this matter, as I have done consistently, and I will continue to want to leave the law as it stands.
(1 year, 1 month ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I thank the hon. Gentleman for that important and powerful intervention. Unfortunately, violence against women does not discriminate: it can happen anywhere. I hope the Minister will take on board the shocking numbers that the hon. Gentleman just relayed.
I commend the hon. Lady for securing this debate and for her powerful speech. She is absolutely right that violence against women can happen anywhere. Does she agree that we cannot with integrity call out violence against women in countries such as Pakistan and Nigeria, much of which is based on women’s faith and beliefs, unless we also tackle the issue at home?
I thank the hon. Lady for her powerful intervention and commend her for all the work she does in that very saddening space.
Shockingly, victims of violence against women and girls who are not trafficking victims do not have a statutory defence when they are compelled to commit offences in similar circumstances. Another outstandingly bad discrepancy is that householders defending themselves against an intruder are permitted by law to use disproportionate force, provided it is reasonable in the circumstances, but no such leniency is allowed for domestic abuse victims defending themselves against their abuser. Attempts were made to amend the Domestic Abuse Act 2021 to fix that issue, but sadly the Government defeated them.
Data collected by lawyers at the Centre for Women’s Justice found that an alarming 57% of women in prison— at least—have experienced domestic abuse. The true proportion is likely to be much higher due to the barriers to women disclosing abuse. The cases involve a wide range of circumstances: some women were coerced by their abuser to offend and some defended themselves against abuse and were prosecuted as a result.
In one such case, a woman I will call Miss A was charged with driving while disqualified without insurance. The charge included excess alcohol and dangerous driving. She explained that her partner had dragged her from her home while she was partially dressed and forced her to drive. A police officer indicated for them to pull over, and she says that her partner threatened to kill her if she did not drive on. He punched her in the ribs and tried to grab the steering wheel while they were chased by the police. She was prosecuted and convicted, and her conviction was upheld on appeal to the High Court.
Black, Asian, minoritised and migrant women face additional disadvantages. Women and girls from minority ethnic groups are over-represented at every stage in the criminal justice system. That is partly due to a lack of cultural competence: agencies fail to respond appropriately to evidence of abuse, misinterpret women’s behaviour and fail to ensure that women can understand and participate fully in the proceedings against them. Added to that is the evidence of racism in the criminal justice system and the openly hostile environment for migrants.
A woman I will call Miss B entered an arranged marriage in her home country at the age of 15 and was subjected to physical and mental abuse. She then accepted an offer from a man to get her to the UK, but he sexually exploited her and she ran away. After using her friend’s documents to work as a cleaner and a carer, she was caught by immigration control and sent to prison for three months for fraud, before spending time in immigration detention. Thankfully, she met a woman from the fantastic Hibiscus Initiatives, whose women’s centre I have had the pleasure of visiting. It offered her support, and thankfully, since her release, she has been granted leave to remain and has given birth to a healthy baby boy.
The continued failure to introduce a data-sharing firewall between the police and immigration engenders a lack of trust among migrant women, which puts them at greater risk of violence and abuse. Measures in the Nationality and Borders Act 2022 and proposals in the Illegal Migration Bill curtail the rights of migrant and trafficked women further, leaving them even more vulnerable to abuse and widening the net of criminalisation. Toxic cultures of misogyny and racism in the police have also been highlighted by too many high-profile cases over the years.
It is against this backdrop that a small proportion of victims each year find themselves facing arrest, prosecution and imprisonment because of their experience of abuse. As the Government themselves acknowledged in their female offender strategy, by far the majority of women in prison or under community supervision are victims of domestic abuse, and there are strong links between women’s experience of abuse and their offending or alleged offending.
For ethnic minority and migrant women, it is particularly hard to access support. Migrants with the “no recourse to public funds” condition face extra barriers in seeking crucial support from the state to help them to flee abusive relationships. Meanwhile, research by Refuge has shown that black women are 14% less likely to be referred to its services by police than white survivors of domestic abuse. The Government’s female offender strategy delivery plan, released earlier this year, contained no commitment to take action to end the unjust criminalisation of victims of violence against women and girls, and the Victims and Prisoners Bill has been widely condemned by specialist women’s services for failing to deliver what victims need.
Given the issues I have raised today, I would like to provide the Minister with a series of recommendations, drawing on the work of the Centre for Women’s Justice and the Tackling Double Disadvantage partnership. First, will the Government amend the Victims and Prisoners Bill to introduce statutory defences for victims of domestic abuse who are accused of offending, and to add a commitment to the victims code to protect all victims of violence against women and girls from unjust criminalisation, therefore ensuring that they have their rights upheld as victims and are not stigmatised?
Secondly, will the Government increase investment in women’s services for victims facing criminal proceedings, to ensure that they have a safe space to disclose abuse and receive support at the earliest stage, and especially services led by and for black, Asian, minoritised and migrant women? That would help the implementation of a strategic approach to changing the culture of the police and other criminal justice agencies.
Thirdly, the Government should seek to ensure that ethnic minority and migrant women have access to cultural mediation, translation, interpretation and international calls and are provided with improved standards of interpretation and the choice of the gender of their interpreter.
Fourthly, I urge the Government to implement a firewall to end the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes, as recommended by the Justice Committee, the Domestic Abuse Commissioner and the women’s services sector. That would help to create greater security and confidence for migrant women who come forward to report abuse.
Fifthly, I ask the Government to commit to the annual publication of disaggregated data on gender-based violence and its link with women’s pathways into the criminal justice system, including a distinct focus on ethnic minority and migrant women.
Last, but by no means least, I urge the Government to withdraw proposals in the Illegal Migration Bill that would limit the rights of potential victims of trafficking and leave women far more vulnerable to abuse without recourse.
I have with me a letter for the Minister that sets out in more detail the demands and asks for change put forward by the Centre for Women’s Justice and the Tackling Double Disadvantage partnership, and requests a written response to our recommendations and a meeting; I hope the Minister will be kind enough to accept it. I would be grateful if the Minister considered those proposals closely and worked with me and other Members from across the House who are here today.
(1 year, 10 months ago)
Commons ChamberI rise to oppose new clause 11 on the basis of its grave implications—indeed, threats—to freedom of thought, conscience, speech, belief and assembly. Let us be clear: new clause 11 flies directly in the face of those freedoms. It has far wider implications than on abortion alone; it potentially criminalises even those who simply stand peaceably near abortion clinics, and who do so mainly on the basis of their faith-based beliefs. I believe that the clause contravenes human rights. Notably, for example, article 18 of the universal declaration of human rights states:
“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”
The broad wording of new clause 11 is open to such wide interpretation, particularly the words “seeks to influence”, that it could well catch virtually any activity. The proposed criminalisation of influencing is imprecise, unclear and unpredictable in its effect and potential impact, which contravenes the basic principle of certainty of the rule of law. Certainty is vital so that citizens can tailor their behaviour and remain within the law’s boundaries. Could a social worker advising a confused teenager going to an abortion clinic be seen as influencing within the meaning of this clause and therefore be at risk of criminal liability? This new clause fails the test of certainty and should be rejected for that reason alone.
I am grateful to my hon. Friend for giving way and I am listening carefully to what she is saying, which I know reflects beliefs of great sincerity. Does that mean, however, that she is against the existing law that allows local authorities to ban those same activities around abortion clinics, for example, on a selective basis? It seems to me that the House has already accepted that principle. If she cannot accept that principle, we really are on a different page.
I have spoken against that principle on a number of occasions in this place and I will come on to explain why.
The wording of new clause 11 could even catch those who are quietly praying, but when did it become against the law in this country to pray? Unfortunately, five councils have now defined protest as including the word “prayer”. During court proceedings, that has even been confirmed to include silent prayer. That is a grave development that we in this House, more than anyone, must stand against. Staggeringly, it would effectively mean criminalising the affairs going on within the privacy of an individual’s mind. Yet freedom of thought is an absolute, unqualified right. As the Minister for the Americas and the Overseas Territories said earlier today in response to the urgent question, peaceful protest is a “fundamental part” of UK society.
Whatever our individual views on abortion, we must stand against new clause 11. Otherwise, we risk opening the door to discrimination even more widely. Why not have buffer zones around political conferences? A young Hongkonger told me yesterday that when she attended the recent Conservative party conference, she was “scared” of accessing the conference centre because of the aggressive behaviour of political opponents around it, yet there is no suggestion of having buffer zones there, and nor should there be. As MPs, we would be aghast if we risked a fine and imprisonment simply for handing out a campaign leaflet containing our political views on the street and seeking to influence others at election time. No: new clause 11 is specifically targeted at those with faith-based views and we should be equally aghast at it.
Of course, harassment or intimidation around abortion clinics—or anywhere—has to be addressed, although in more than a quarter of a century of people quietly gathering around abortion clinics, there have been relatively few, if any, reports of that and there are already several pieces of legislation that could tackle it if needed. The Offences against the Person Act 1861, the Public Order Act 1986, the Protection from Harassment Act 1997, the Criminal Justice Act 1988 and the Anti-social Behaviour, Crime and Policing Act 2014, and the Police, Crime, Sentencing and Courts Act 2022, which was passed only this year, all provide sufficient powers to tackle harassment and intimidation. This addresses the point of my hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin): rather than creating new and unnecessary laws, the police’s and our efforts should be on ensuring that they and the prosecution use the powers that they already have.
This new clause goes further and potentially criminalises peaceable gatherings. Indeed, looking at the wording of the new clause, it is perfectly possible to see an argument being made that just one person standing alone quietly near a clinic could be guilty of the criminal offence proposed in it. Widely or poorly drafted legislation, as here, can have serious unintended consequences, as we have seen in recent years. During the pandemic, Rosa Lalor, a 76-year-old grandmother, was arrested, prosecuted and charged for nothing less than praying and walking outside an abortion centre. It took over a year before Merseyside police force dropped the charges, noting that her actions were completely within the law. For her, however, the punishment was the process, despite being completely innocent of any wrongdoing.
Too often, in recent years, the mere expression of unpopular viewpoints has been interpreted, or rather misinterpreted, as automatically being abusive or harassing under the Public Order Act 1986, due to the broad discretionary powers the police have. We must stand against this. We have seen numerous examples of street preachers and others arrested for nothing more than peacefully expressing traditional views in public. When arrested and prosecuted, it is very rare for this to lead to conviction, but by the time they are vindicated the damage is done to the individual subjected to a prolonged criminal process, to the public’s confidence in policing and, indeed, to freedom of speech. Such miscarriages of justice have an abiding chilling effect, leading many—indeed, many thousands of people—across our country today to self-censor deeply-held views, which is a problem far more widespread than is currently recognised and that will no doubt be exacerbated by new clause 11.
I am just about to conclude.
One of the main reasons freedom of speech and thought are treasured and rightly protected in law is so that they can be used precisely for the purposes of influence. The free and frank exchange of viewpoints is the lifeblood of a genuinely democratic society. Rather than seeking to erode this most precious principle, we should be seeking instead to strengthen the law, to put it beyond doubt that freedom of speech—and, indeed, of belief—when peaceably expressed should never be a criminal offence. We must stand against this here today. Our cherished freedoms of thought, conscience, belief, speech and assembly have been hard fought for, and our democracy depends on their robust protection.
It is a pleasure to follow the hon. Member for Congleton (Fiona Bruce), although I respectfully disagree with her position on this, and I will come to that shortly. I also welcome the Minister to his post.
I do not think anybody in this House was not deeply irritated by the sight of an ambulance having to turn around and go a different route because of protesters glued to the road, and I do not think there are many people in this House, when they saw protesters throwing soup at a van Gogh painting, who did not at least question whether that action had helped or hindered the cause of climate change. We all passionately believe in the right to protest, do we not? But we all understand that our fundamental freedoms are always balanced with the need to ensure business can carry on in its usual way.
That is why I thank the police for their response to the protesters who blocked the ambulance. They arrested 26 people for wilful obstruction of a highway and removed people glued to the road. Wilful obstruction is an offence that can carry a prison sentence. I also thank the police for the way in which they dealt with the incident in the National Gallery. Two people have been charged with criminal damage, which is an offence that can carry prison sentence.
Madam Deputy Speaker, you may ask yourself why, if the police were quick to respond, quick to arrest and quick to charge, we are debating a Public Order Bill to create a raft of new powers to tackle protest, after we have only just finished debating another Bill—the Police, Crime, Sentencing and Courts Act 2022—which has introduced another raft of new provisions against protest.
My hon. Friend the Member for Louth and Horncastle mentioned the reviews that have been done: the review conducted in 2018 went into this in great depth and there has been further work since, and the hon. Lady referred to further work being done in relation to the Police, Crime, Sentencing and Courts Act 2022. That maintained the Government position that the current arrangements are still proportionate. There is legislation; the Public Order Act 1986 and the PSPOs provide those routes, and we continue to believe that is proportionate, but this is ongoing work and we need to continue to ensure that it is still proportionate. I will be reviewing and making certain that I understand fully the pattern of protests and the effectiveness and indeed the cost of PSPOs, and I will certainly make sure that that work is constantly refreshed if the House agrees we should maintain the current legislative environment.
There are existing laws to protect people from harassment and intimidation outside abortion clinics. The police have robust powers to deal with protests that obstruct access to clinics, and cause alarm, harassment or distress, and where protests cause harm, we expect the police and local authorities to work together at the local level to respond in a way that takes into consideration the local facts, issues and circumstances. In addition, local authorities already have powers to implement PSPOs; these can be introduced when a local authority is satisfied that protests are having, or are likely to have, a detrimental effect. We have seen increased use of these in recent weeks, with five local authorities imposing an order outside abortion clinics.
Because some of our colleagues will not have been able to follow the whole debate, will the Minister confirm what I believe he is saying, which is that he personally will vote against new clause 11 this afternoon?
It is a free vote and I will be voting against the amendment. I believe the powers and legislative environment we have are appropriate at the current juncture, and that is the position the Government have taken in the past. It is also the case that we continue to do work on this; I will continue to ensure that we are reviewing the scale of protests, the adequacy of the current legislative framework, and the effectiveness and cost of PSPOs. We need to maintain that work although I will be voting against the amendment this afternoon.
My hon. Friend the Member for Harwich and North Essex (Sir Bernard Jenkin) said that, if the new clause falls, he will not give up. I would have been surprised had he said anything else, and I would be surprised if the hon. Member for Walthamstow gave up if she lost the vote. As I said, we will continue to review and assess this area, but it is important to get it right. There are powerful arguments on both sides of the debate, as enunciated by my hon. Friend the Member for Congleton (Fiona Bruce), the hon. Member for Upper Bann (Carla Lockhart) and my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), and, on the other side, the hon. Member for Walthamstow, my hon. Friend the Member for Louth and Horncastle and my right hon. Friends the Members for Romsey and Southampton North (Caroline Nokes) and for Harwich and North Essex. I have set out how, through the current legislation and PSPOs, a lot can be done. The House will determine whether it believes that to be insufficient.
I turn to new clauses 13 and 14 tabled, again, by the hon. Member for Walthamstow, who is a passionate campaigner on these issues. In last year’s “Tackling violence against women and girls strategy”, we confirmed that we are looking carefully at where there may be gaps in existing law and how a specific offence of public sexual harassment could address them. In the light of that work, just before summer recess, we launched a targeted consultation on whether there should be a specific offence of public sexual harassment and, if so, what it should look like. The hon. Lady knows that. The consultation closed in September, and we are grateful to her for sending us her comments. We are working at pace to analyse the responses and to determine the best way forward. I reassure her that, for example, her comments on foreseeability of intent are absolutely part of that consultation. What I cannot do—I am sorry to disappoint her—is give a commitment today on our next steps. That would not be appropriate until we fully analyse the consultation. I look forward to sharing our views with the House as soon as possible.
I turn to the several amendments tabled on the recommendations of the Joint Committee on Human Rights. Again, I thank the hon. and learned Member for Edinburgh South West (Joanna Cherry) and the Committee for the vital work that they do in supporting parliamentary scrutiny, as was referred to by the hon. Member for North East Fife (Wendy Chamberlain) and my hon. Friend the Member for Ruislip, Northwood and Pinner. Amendments 28, 30, 35 and 37 aim to move the burden of proof for a reasonable excuse from the defendant to the prosecution for the relevant offences. As we made clear in our formal response to the Committee’s report, whether or not someone has a reasonable excuse for their actions is specific to each incident, and we see it as entirely appropriate that the defendant who committed the offence in the first place and has personal knowledge of those facts is required to prove them. Beyond that, our courts are experts in assessing whether an individual has a reasonable excuse for a multitude of criminal offences. I do not see the value in placing that burden on the prosecution.
Amendments 32, 36 and 38 seek to require the courts to have particular regard to articles 10 and 11 of the European convention on human rights when assessing whether someone has a reasonable excuse for offences. Courts and other public bodies are already obliged to act compatibly with ECHR, and we do not believe that it is necessary to repeat that obligation.
Finally, several amendments seek to narrow the Bill’s scope. I will not address each individual amendment. The Government believe that the scope of the offences is not only appropriate but proportionate to the serious disruption inflicted.
I turn to a couple of other amendments.
(2 years, 5 months ago)
Commons ChamberI wish to speak briefly in support of the proposal made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) in lieu of Lords amendment 26, to which he referred in his impassioned speech. Disappointingly, it cannot be voted on today. If we are to break the business model of the criminal gangs behind modern slavery, we have to increase the number of successful prosecutions. One of the most effective ways to do that is to enable more victims to participate in the pursuit of justice by sharing intelligence and acting as witnesses. Evidence from programmes such as Justice and Care’s victim navigator programme shows that when given wraparound support over a longer period more victims develop the confidence to engage with criminal investigations; 89% of Justice and Care’s supported victims engaged with police at the last published evaluation, which compared with the national average of about a third.
I welcome the commitment that the Under-Secretary of State for the Home Department, my hon. Friend the Member for Redditch (Rachel Maclean) gave on Report that
“all those who receive a positive conclusive grounds decision and are in need of tailored support will receive appropriate individualised support for a minimum of 12 months.”—[Official Report, 8 December 2021; Vol. 705, c. 427.]
However, to provide victims with the certainty and stability they need, this extended support should be included in the statutory framework.
The Government have taken the positive step of putting support for modern slavery victims in law for the first time in this Bill, but clause 63 is limited to support during the initial recovery period during the national referral mechanism. The Bill offers no support to victims after the point at which someone has been formally recognised as a victim. The Government have already committed to doing this for a minimum of 12 months and it would be a simple matter to add that commitment to the Bill, giving a more comprehensive picture of the full range of support available, and providing victims with greater certainty and stability for their recovery as a result. I hope that Ministers will support the intent behind the amendment in lieu tabled by my right hon. Friend, and I note the Minister’s comment today that the Government are very willing to take these concerns away and have discussions with my right hon. Friend and, I hope, others. I also hope that the concern about the importance of putting the 12-month period into statute will not only be taken away, but acted upon.
This Bill is such wide-reaching and deeply flawed legislation that there is so much I could speak on, but in the limited time we have I will focus on Lords amendment 22, which deals with the age assessment of children.
Without that amendment, the Bill will increase the number of children who have to undergo age assessments. These processes are unethical and inaccurate, focusing on vague criteria such as a child’s “appearance and demeanour”. Other, more detailed investigations are, of course, re-traumatising for children. There is a real danger that the measures in the Bill will lead to an increase in the number of children who are wrongfully treated as adults and subsequently neglected by the authorities. That will place some of the most vulnerable children at incredibly high risk of harm, as we have already seen.
In December 2017, Alexander Tekle died by suicide less than a year after he arrived in the UK from Eritrea as an unaccompanied minor. Alex was failed on two fronts. First, he was wrongfully assessed as an adult and placed in adult Home Office accommodation, where he was violently assaulted. Secondly, the different local authorities that were subsequently entrusted with his care failed him miserably, leading him into a spiral of depression and substance abuse. Services again failed to step in and ensure that he was supported to overcome these issues. The uncertainty over Alex’s immigration status also caused persistent distress. In fact, an inquest held earlier this year found that the Home Office’s policies contributed to the spiral that led to his death. What happened to Alex is not an isolated case: there has been an alarming increase in reports of suicide among teenagers who arrived in the UK as unaccompanied asylum-seeking children. It is a pattern of failure. But instead of the Government righting this wrong, children like Alex continue to be treated with suspicion from the moment they set foot in this country.
The Bill does not focus on improving the care of unaccompanied refugee children; in fact, the Home Office seems interested only in building even more barriers. It is particularly cynical that the Department pretends that age assessments are done for young people’s safety when, given the supervision provided in children’s placements, the level of risk is low should a young adult on occasion be placed in one. This contrasts with the hundreds of children who have been put in hotels and forced to share rooms and even beds with adult men they do not know.
The Home Office does not provide any solutions in the Bill. We cannot allow this devastating situation to continue. [Interruption.] Conservative Members may chunter from a sedentary position, but I am talking about something extremely serious: a young boy who committed suicide after Home Office failings. It would be great if they showed a bit of humility. Everyone who professes to care about unaccompanied refugee children should vote in support of Lords amendment 22.
(3 years, 1 month ago)
Commons ChamberI speak to oppose new clauses 55 and 42, which I urge colleagues to vote against. New clause 55 is truly shocking on many counts. It would legalise abortions in this country right up to the moment of the birth of a child. No reason would need to be given. The current 24-week limit provision would go. The new clause would legalise sex-selective abortions: an abortion could be legally performed if someone chose to reject an unborn boy or girl. It would remove the requirement for abortions to be carried out by doctors, and the protection for women that abortions should take place on approved premises. It would remove the conscience clause: healthcare professionals could be required to conduct abortions contrary to their conscience or beliefs, or lose their job. It would sweep away current legal safeguards and protections not only for the unborn child, but many that protect women. The Abortion Act 1967 would, in effect, be void.
New clause 55 would be significantly more permissive than the Northern Ireland regulations introduced in 2020, and it would leave England and Wales with one of the most extreme abortion laws in the world. In Europe, the median gestational time limit for abortion is 12 weeks. Here, it is currently 24, with some exceptions. We should not be looking to increase it to 37 weeks—full term. Indeed, we should now be looking to lower it following medical advances over recent years regarding viability—the ability of a child to survive outside the womb at now 22 or even 21 weeks. The proposals are shocking: a viable human being could have his or her life ended up to the point of birth, with no one held accountable, and yet a day later similar actions against a child outside the womb would constitute murder. If, as has happened, the abortion procedure goes wrong, what then? Is the child to be left alone, crying and uncomforted, until it breathes its last? If new clause 55 were put to a vote, I am confident that it would be soundly defeated. The proposal has no place on the amendment paper. It has no place in this House. We are better than this. We are better than this as a Parliament. We are better than this as a country, and our constituents know it. Our inboxes have been flooded with calls to oppose new clause 55. I have had over 150 constituents email urging me to vote against new clause 55—not one constituent has asked me to support it. More than 800 medical professionals have today called for its withdrawal.
Reports indicate that only 1% of women want the current 24-week limit extended, with 70% wanting it lowered. It was lowered in 1990 from 28 weeks to 24 weeks as medical advances improved, and now is the time to reduce it further following greater such advancement. That is what we should be debating today, and I hope we soon will. Let today be a turning point in our approach towards the review of this country’s abortion laws. Let us determine to secure better protection for the unborn child and for women, not worse. New clause 55 has no place in a compassionate, civilised and humane society. If, as I now understand, the proposers tabled it as a probing amendment, then I hope, given the strength of opposition that has gathered in just a few days within and outside this House, they will never contemplate reintroducing it. We are better than this.
It is an honour to speak in this debate after having served on the Bill Committee. While I am deeply worried about part 3 of the Bill, which undermines the right to protest, I will spend the short time I have on my amendments, which aim to improve the criminal justice response for victims and those at risk of sexual exploitation and all forms of abuse.
The 2019 national police wellbeing survey identified that 57% of police officers responding reported post-traumatic stress symptoms, which would warrant an evaluation for PTSD. A Police Federation survey of 18,000 members found that attending traumatic or distressing incidents was one of the top 10 reasons why respondents were having psychological difficulties at work. John Apter, chair of the Police Federation, stated in evidence to the Committee:
“The covenant gives us a great opportunity to put in place mandated levels of psychological support and training”.––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 20, Q30.]
My amendment 25 acts on those concerns and would ensure a clear focus within the police covenant on the impact of working with trauma, ensuring that the impact on officers’ wellbeing and morale is mitigated. We owe them that.
Turning to amendment 51, after years of campaigning with Baroness Grey-Thompson and the hon. Member for Chatham and Aylesford (Tracey Crouch) I welcome the measures in the Bill to extend the definition of positions of trust to include faith leaders and sports coaches, which is a vital step in improving safeguarding. However, the Bill still leaves children vulnerable to abuse from other adults in positions of trust, such as driving instructors, private tutors or counsellors. I urge Ministers to adopt my more comprehensive solution, which ensures that children across all activities and settings are protected from adults in positions of trust.
The Bill should do more to address child criminal exploitation. The Children’s Commissioner estimated that at least 27,000 children are at high risk of exploitation by gangs. Despite the scale of child criminal exploitation, there is a lack of shared understanding about what it is and the forms it takes. Questions are not consistently asked when children are identified as being associated with criminal activity. Children are arrested for crimes that they are being forced to commit, while the adults who exploit them are not brought to justice. My new clause 23 would introduce a statutory definition of “child criminal exploitation”. That would enable a shared understanding and a better multi-agency response, and it would support professionals to spot the signs of exploitation earlier and disrupt grooming.
Finally, I turn to new clause 24, which is supported by 41 Members across the House and to which the Minister gave a good hearing. I was astounded when I realised that registered sex offenders are changing their names without notifying the police, despite a legal requirement to do so. Current notification requirements leave the onus on the offender to report a change in their name. The result is that many slip under the radar of the police, with potentially devastating consequences. This serious safeguarding loophole leaves sex offenders free to get a new name, a new driving licence and a passport, and then to secure a new disclosure and barring service check, with which they can go on to gain jobs working with children and vulnerable people. Alarmingly, an FOI request by the Safeguarding Alliance, which I thank for its support on this matter, found that more than 900 registered sex offenders went missing between 2017 and 2020, and that was with only 16 of the 43 forces responding.
We cannot rely on sex offenders to inform the police themselves if they change their names. New clause 24 requires the Government to undertake a review into the problem and to propose solutions within a year of the Bill being passed. I hope that the strength of support for the clause will make the Minister consider working with me to get the changes we seek.
(3 years, 5 months ago)
Commons ChamberFreedom of assembly and of expression are fundamental rights that are hard-fought and hard-won but easily lost or damaged if we legislate in haste. I want to focus on clauses 54 to 56 and 59 to 60, which would make significant changes to police powers to respond to protest. They would, for example, significantly lower the legal test for the police to issue conditions on protest. The term “serious unease” is a significant departure, reducing the test for the threshold of harm so as to potentially capture peaceful protest that a claimant considers objectionable.
Clause 54 would give the Secretary of State powers to further define the meaning of
“serious disruption to the activities of an organisation”,
which could significantly curtail the activities of peaceful pro-life vigils outside abortion centres. Organisations such as the British Pregnancy Advisory Service and MSI complain of harassment or intimidation, but this is rarely, if ever, supported by evidence. The test of “serious disruption” could remove the objectivity normally required for criminal prosecution and place the emphasis instead on the perception of an organisation. This has potentially far-reaching implications for the fundamental rights of those with non-mainstream views to assemble and express their views, and it is incumbent on this House to defend those rights, however much we approve or disapprove of such views.
Clause 59, by abolishing the common law offence of public nuisance and replacing it with a new statutory offence of
“intentionally or recklessly causing public nuisance”,
needs to be carefully scrutinised to ensure that there are clear definitions of terms such as “serious annoyance”, “serious inconvenience” and rights common to the public. The word “impact” in relation to static protests is ill defined and too open to interpretation, and on-the-spot assessments could increase unjustifiable interference with fundamental rights.
Concerningly, removing intentionality from the offence of failing to comply with a condition issued by the police on a protest means that the police will be able to enforce the law based on their subjective interpretation of what the alleged offender should have known. Allowing the police to issue conditions on one-person protests, rather than the current two, potentially brings into scope street preachers, but it should be recalled that prosecutions against street preachers have invariably failed due to falling foul of freedom of speech rights. Without amendment, the Bill could increase police apprehension of otherwise lawful speech and could have a profoundly chilling effect on free speech more widely. I hope that the Committee and the other place will have sufficient time to carefully scrutinise this significant Bill.
(3 years, 11 months ago)
Commons ChamberAs the hon. Gentleman will know, issues of serious violent crime are addressed at the National Policing Board. We are looking at those issues and working on them day in, day out. The Government are not just committed to that; we are spending and investing the money. We have the serious violence reduction taskforce, and right now, funding is going directly to policing, and money has been materialised and operationalised on the streets of our country. We are tackling serious and violent crime, and leadership is also coming from the National Policing Board.
I welcome the hon. Lady’s question and also the report that she is referring to. We have seen the report and I will absolutely commit to a meeting with her and her colleagues. It is quite clear that we as a Government and we as individuals are committed to tackling the harm and exploitation that is associated with prostitution. Of course our priority is to protect those who are exploited and to protect vulnerable people, and there are certainly some very practical ways in which we can do that.
(4 years, 1 month ago)
Commons ChamberIt 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.
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”.
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.
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?
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.
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.
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.
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?
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.
(4 years, 6 months ago)
Commons ChamberAs always, I will work with and commend anyone who is joining the Government’s determination to cut down on violent crime and protect our young people.
It is often forgotten or taken for granted by many that behind every police officer stands a proud but anxious family. We want to recognise their bravery, commitment and sacrifice by introducing the police covenant. The covenant will be brought forward through the police powers and protections Bill, placing it on a statutory footing and ensuring that Parliament can scrutinise its progress. We will launch a consultation on the principle and scope of the covenant in the coming weeks.
What steps are Ministers taking to ensure that families who lose a loved one in the line of duty—such as the family of PC Andrew Harper, who was tragically killed last year—receive the support they need?
My hon. Friend raises an extremely important point. The death of Andrew Harper last year on the very edge of my constituency was a terrible and tragic event. She will know that there are already measures in place to assist families in that position, not least the police injury benefits scheme, as well as welfare support offered by particular forces and the Police Federation. But there is always more we can do, and we would welcome submissions to the consultation on the covenant, to address any gaps that may exist.
(5 years, 4 months ago)
Commons ChamberThe Government have made available £9 million of grant funding to charities and other organisations to support vulnerable people, including vulnerable adults in the care sector, through this process. We have already, through the test phase, been working closely with a number of local authorities, and there has been an extensive engagement process with the LGA and other local government bodies to make sure that we get this right.
Yes, I very much agree with my hon. Friend. The simple truth is that stop-and-search saves lives. Of course it should always be targeted and intelligence-led, with proper engagement with the community, but it saves lives. There are people alive today because of stop-and-search.