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

Greg Knight Excerpts

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

[Philip Davies]

I am grateful to my hon. Friend for alerting me to that fact, of which I was unaware. I was just coming on to that point, because it seems that the figures are worse than that in the United Kingdom.

[Sir Greg Knight (East Yorkshire) (Con)]

Will my hon. Friend clarify something? Is he saying that if this Bill were gender-neutral, he would support it?

[Philip Davies]

Yes, I am very much saying that—that is the thrust of my point. I absolutely would support the Bill if it were gender-neutral, but it clearly is not, and we need only read the convention to see that fact and to have heard the speeches we have heard so far today to realise that it has nothing to do with gender neutrality.

In 2008, Stonewall found that one in four lesbian and bisexual women have experienced domestic violence in a relationship, with 49.3% of bisexual women experiencing severe physical intimate violence. On abuse during childhood, the recent MOJ report, “Statistics on Women and the Criminal Justice System 2015”, notes:

“The perpetrator of physical abuse against females was almost as equally likely to be the mother as the father (33% and 36% respectively).”

This is not as clear-cut as some Members would want us to believe, but the Bill supports the narrative that they want to keep talking about. What they say bears no relation to the facts, but it very much helps a narrative that they want people to take away. At some point, some of us have got to say, “No, we are not prepared to allow these distortions to continue. We are going to argue what the actual facts are, not what people would want the facts to be.”

If people do not want to listen to me—which I understand that they often do not, because I say things that they do not want to hear—perhaps they might have more sympathy for a marvellous lady called Erin Pizzey. In 1971, Erin Pizzey opened the world’s first women’s refuge in Chiswick specifically dealing with all victims of domestic violence. Perhaps because of her background, she has the credentials, which I am not afforded the luxury of being granted, to be given a hearing. She went to the United States at the invitation of the US Government and embarked on a Salvation Army-sponsored tour of 21 cities to help set up shelters for victims of domestic violence. She did the same when she moved to Italy, and she returned to England in 1997. More recently, in March 2007, she opened the first Arab refuge for victims of domestic violence in Bahrain. I hope that people may listen to her if they will not listen to me. In 2011, she said in a press release on the international day for the elimination of violence towards women:

“25th November 2011 is the international day for the elimination of violence towards women. Like everybody else who reads this statement I am of course totally in favour of the elimination of violence towards women but unlike the instigators of this event I believe that we should be eliminating violence against everyone and that includes men and children.

“I applaud the efforts of Viviane Reding who is the Vice-President and Commissioner responsible for justice, fundamental rights and citizenship, Cecile Grebolvel who is the Secretary General of European Women’s lobby and Mikael Gustatsson who is Chair of Parliamentary Women’s Rights and gender equality commission in their efforts to protect women but I am puzzled as to why this enormous empire of women with the huge self important titles manage to avoid any discussion of the effects of violence upon the family, fathers and children.

If we have any hope of tackling the tragic effects of domestic violence we have to face the facts that women can and are also guilty of violence against their partners. To concentrate only of women as victims is to deny the fact that children are also abused by their mothers. We can no longer afford to cover up the huge scandal that has existed for the last forty years where only men have been held up as perpetrators of all violence.

My hope is that sufficient political pressure will be brought to bear upon these women who sit in great positions of power to acknowledge that we do indeed need to make November 25th a day when we all agree internationally that there should be zero tolerance for violence against anyone and that we will all work to make the family a safe and harmonious place.”

I think that we should listen to that very carefully indeed. It sums up entirely my view on this issue. That is a woman who has far more credentials than many people in this place, having set up the world’s first women’s refuge.

In response to a parliamentary question asked by the hon. Member for Paisley and Renfrewshire North (Gavin Newlands), the Government said that they remain committed to ratifying the convention and set out what more needs to be done:

“The previous Government signed the Istanbul Convention to show the strong commitment it placed on tackling violence against women and girls and this Government remains committed to ratifying it… The UK already complies with the vast majority of the Convention’s articles but further amendments to domestic law, to take extra-territorial jurisdiction over a range of offences (as required by Article 44), are necessary before the Convention can be ratified. The Ministry of Justice is currently considering the approach to implementing the extra-territorial jurisdiction requirements in England and Wales and will seek to legislate when the approach is agreed and Parliamentary time allows.”

According to the Library, article 44 of the convention, on which the Government were placing great weight, states:

“Parties shall take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention, when the offence is committed:

a in their territory; or

b on board a ship flying their flag; or

c on board an aircraft registered under their laws; or

d by one of their nationals; or

e by a person who has her or his habitual residence in their territory.”

Paragraph 2 states:

“Parties shall endeavour to take the necessary legislative or other measures to establish jurisdiction over any offence established in accordance with this Convention where the offence is committed against one of their nationals or a person who has her or his habitual residence in their territory.”

Paragraph 3 states:

“For the prosecution of the offences established in accordance with Articles 36, 37, 38…and 39…of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction is not subordinated to the condition that the acts are criminalised in the territory where they were committed.”

Paragraph 4 states:

“For the prosecution of the offences established in accordance with Articles 36, 37, 38 and 39 of this Convention, Parties shall take the necessary legislative or other measures to ensure that their jurisdiction as regards points d and e of paragraph 1 is not subordinated to the condition that the prosecution can only be initiated following the reporting by the victim of the offence or the laying of information by the State of the place where the offence was committed.”

Paragraph 5 states:

“Parties shall take the necessary legislative or other measures to establish jurisdiction over the offences established in accordance with this Convention, in cases where an alleged perpetrator is present on their territory and they do not extradite her or him to another Party, solely on the basis of her or his nationality.”

Paragraph 6 states:

“When more than one Party claims jurisdiction over an alleged offence established in accordance with this Convention, the Parties involved shall, where appropriate, consult each other with a view to determining the most appropriate jurisdiction for prosecution.”

Paragraph 7 states that

“this Convention does not exclude any criminal jurisdiction exercised by a Party in accordance with its internal law.”

It is, apparently, because of article 44 that the Government are dragging their feet.