Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Fiona Mactaggart and Anna Soubry

Tuesday 24th April 2012 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

When the Lord Chancellor introduced the statement to the House which preceded this Bill, I asked him about the provisions in relation to domestic violence. He thought that I would be pleased with the answer, because the Government had recognised that domestic violence was, to some degree, a special case. I was not pleased with the answer, because at that point the definition of “domestic violence” was unique to this Bill, it did not cover all cases and it was, in my view, fundamentally flawed. So the first thing I wish to say is how glad I am that the Government have now decided to use the Association of Chief Police Officers definition of “domestic violence”.

I need to push one point further, however. The failure of the Government to understand the reality of the lives of victims of domestic violence is reflected in how they have constructed this Bill. I will never forget the moment when I talked to two local police officers in my constituency who dealt regularly with victims of domestic violence and who told me about a case that they had just dealt with of a woman who had been beaten up by her husband 12 years earlier but did not report it until he started biting pieces out of her body. That case, although it made me tremble with horror, is shockingly not that exceptional. We should not forget that, in this country, two women are murdered every week following a history of domestic violence. We should not forget how few women ever report it. Why do they not report it? Overwhelmingly, the victims of domestic violence think, “It was my fault.” That is how they feel, so they do not go to the police or to social workers. They conceal it, as they think it is caused by something that they did.

Such women often report because of someone else. When women are pregnant, they will report their victimisation by their partner because they want to protect the child in their womb. The problem with the distance travelled by the Government is that they have not yet gone far enough. I hope to be able to persuade the Minister to take that last step and to accept wider forms of evidence. We know that women do not necessarily go to a refuge; they go to a place of refuge. They might go to their sister, to their school friend or to their mum, and they are the people who women will tell first about their experience of victimisation.

Some very perturbing evidence from Welsh Women’s Aid suggests that the average time—the average, not the extreme—that a victim might take before reporting a domestic violence incident and getting to the stage of resolving the private family law issues is five and a half years. That average time would be excluded by the route that the Minister is pursuing. I beg him to recognise that the House of Lords got this one right and to say that he will take the last step and ensure that the other victims are properly protected. That is important because by allowing these women to use private family law to protect themselves and their families, we will prevent future domestic violence homicides. The Minister could do that by changing his position on the amendments.

[Anna Soubry (Broxtowe) (Con)]

It is always a pleasure to follow the hon. Member for Slough (Fiona Mactaggart) and I pay tribute to the work done by her and other Opposition Members when they were in Government. They undoubtedly made huge advances in the prosecution of people who had committed offences of domestic violence and put protection in place to enable victims of domestic violence to come forward in both the criminal jurisdiction and the family and civil jurisdiction. That protected not only those women but their children. We part company, however, on this matter as I believe that the Government have gone as far as they should in their acceptance of the definition of domestic violence and what should support any allegation of domestic violence.

I do not think that it is fair simply to criticise those on the Front Bench for not understanding domestic violence, especially if it were suggested that they did not do so by virtue of the sex of the ministerial team or the Secretary of State. I am not suggesting that the hon. Member for Slough said that herself, but others have. It was interesting that in her speech she told us that the peculiarity and horror of domestic violence, which is demonstrated in the fact that women will often suffer for year after year without making any formal complaint or any complaint at all and that they suffer in silence, came as a surprise and a shock to her when she first learned of it in a conversation with two police officers.

Many Members on both sides of the House have experience by virtue of their work in the health service, the criminal justice system or—I am thinking in particular of my hon. Friend the Member for Maidstone and The Weald (Mrs Grant)—as a solicitor in the family division. Unless one has had that first-hand experience, some of the appalling stories one hears beggar belief. It is difficult to accept the fact that appalling abuse can go on, year after year, unreported.

It has been generally accepted across the House that we still have a long way to go. Members of this House conducted an admirable investigation into the inadequacy of our stalking laws, notwithstanding the efforts made by the previous Administration. We know that more legislation is needed to protect from stalking which is, in my opinion, not only an offence of abuse but, in effect, an offence of violence because of the psychological damage it causes. Recent events in Nottingham, which my Broxtowe constituency touches on, show that we still have police officers who, when it comes to domestic violence, simply do not get it. A woman was murdered who had repeatedly complained to the police.

Sentencing

Debate between Fiona Mactaggart and Anna Soubry

Monday 23rd May 2011 Commons Chamber

[Anna Soubry]

I am happy to answer the hon. Gentleman’s questions. The reply to the first is yes. Being a lawyer himself, he will know two things. First, there is a good argument that in lengthy, tedious, multi-handed fraud cases, allowing a judge to give a 50% discount will do what everyone wants and crack heads together, and that it will work. Secondly, it is dishonest of Labour Members to criticise this Government for proposing a 50% increase when the present law allows it¸ as the hon. Gentleman well knows—or, at least, should know, as he is meant to be a lawyer. At present a judge has discretion, if he or she so chooses, to allow a discount of more than 50%, depending on the circumstances of the case.

My complaint, which I have expressed in public before, is about those who are excessively prescriptive and tie our judges’ hands. One of the big failings of the Labour party was that in all aspects of policy, it consistently failed to trust professionals: our teachers, our nurses and our doctors. It also failed to trust our judges. If we freed their hands and enabled them to decide the appropriate sentence given all the circumstances of a case, there would be greater honesty in our sentencing policy, and there would undoubtedly be better sentencing.

There are many issues that I would have liked to discuss, but I shall mention only two more. The first relates to events that took place last week. I say this as a woman: I find it offensive when the issue of rape is turned into a women’s issue, taken up by people and used as a political football. As I have said in this place before, some victims of rape are male, and a considerable number of victims of rape are children. It is not a women’s issue, and some of the hysteria that we heard last week did no one any favours.

[Fiona Mactaggart]

I suspect that the hon. Lady may be partly referring to me. Yes, there are male victims of rape—although there are fewer than one in 10—and of course there are child victims of rape. However, the issue affects women much more than men. That is the point I was making.

[Anna Soubry]

I was not referring to the hon. Lady, whom I congratulate on the work that she did in enabling not just women but children to come forward and give evidence, and indeed improving sentencing. On the issue of men, she gave the statistic of 1%. I am always a bit cynical about statistics. [Hon. Members: “It was 10%.”] Forgive me: it was 10%. I strongly suspect that, because of the stigma attached to rape, many more men are raped than come forward, but let us hope we can debate that on another occasion.

My next point highlights why many Members, certainly on the Government Benches, feel somewhat cynical when the issue of rape is raised. Can the shadow Justice Secretary explain why in this place last week the Leader of the Opposition was for the first time flanked by two women—the deputy leader of the Labour party and the shadow Home Secretary, but not the shadow Justice Secretary—when he questioned the Prime Minister about the various comments made by the Lord Chancellor? Was that a deliberate ploy? Did the Leader of the Opposition surround himself with women to make some point? I ask that question because rape is not a women’s issue; it concerns everybody, and many of us are particularly concerned about the effect it has on children.

I am greatly in favour of the Government’s sentencing proposals. Their document on the matter is radical and brave, and I agree with the many comments made by Government Members about short sentencing.