Secure Tenancies (Victims of Domestic Abuse) Bill

Jess Phillips Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 8th May 2018 Commons Chamber

[Jess Phillips (Birmingham, Yardley) (Lab)]

First, I welcome the Minister’s comments and the Bill itself. It is a good and necessary Bill, and some of the questions that we asked in Committee have been answered, for the most part.

Now, let me shed a bit of light on the reality of what actually happens to a domestic violence victim when they walk into a housing office, and on the very idea that we could not be doing as much as we possibly could with every single fibre of our beings to try to better serve victims of domestic abuse. Mostly, a woman will get up and walk into her local neighbourhood office. I say “walk”, but where I live she has to get four buses because her local neighbourhood office is now shut, so she has gone into the centre of town, in the second-biggest city in the country. Even just five years ago, she would have found something different. In all the local neighbourhood centres in Birmingham—there used to be eight, then there were four in the Quadrants—there would have been a Women’s Aid worker. This was a specialist adviser in a private room where that woman could have gone to speak about her issues and would have been found the most appropriate housing. That scheme won national awards and reduced homelessness in Birmingham by 50%. The biggest reason for homelessness in most cities will be domestic abuse. That scheme massively reduced it, but it is gone now. There is no local authority funding for the Women’s Aid workers in those centres, and there is only one centre where women can go.

The woman will walk into a busy centre where there will be absolutely loads going on. There will be people with their children and people who are homeless— 86 people are declared homeless every single day in the city where I live—and she will wait. She will then go to a small cubicle, with sides at shoulder height. The people next to her will be able to hear every single word that she says.

When I was a Birmingham City councillor, I requested that every single person who came through had to be asked whether they had ever been a victim of domestic abuse or sexual violence. I regretted it instantly. I went to a housing office—when they still existed—with one of my constituents. Next to me, in a tiny unsealed-off cubicle, a woman was sitting at her computer. “Have you got any arrears, love?” she asked. “No.” “Have you ever been a victim of sexual violence?” “Yes, I was raped.” “Have you ever been a victim of domestic violence?” “Yes, my husband has assaulted me a number of times. He has been to prison.” “Okay.” Move on.

--- Later in debate ---

[Melanie Onn]

The minimisation of the issue around the bedroom tax seems to be due to the fact that the Bill is predicated on an example of someone with a stable and consistent life. But at the point that these people present at a housing office, their life will not be consistent or stable at all, which is why we need to amend the Bill.

[Jess Phillips]

I absolutely agree. If we could get our housing and welfare systems, which have become fragmented—and were never perfect, don’t get me wrong —to work better together, at least people would have a fighting chance of understanding what the hell they were meant to be doing, because it is a bit confusing at the moment. My hon. Friend is completely right that we are talking about people in chaos.

A tiny fraction of victims of domestic violence present as homeless. The vast majority either stay or end up in refuge, and they will likely have help in those circumstances to get them through the process. But we have to do better for those who turn up the housing office. We have to ensure that local authority staff have a much clearer understanding of this cross-border issue, because the triumph of hope over experience has left many people unhoused.

[Mrs Miller]

It is a great pleasure to follow the hon. Member for Birmingham, Yardley (Jess Phillips), my fellow member of the Women and Equalities Committee. Of course she speaks with great power on these issues, given her experience. We also heard a great deal from the Minister to give us reassurance about how much work the Government have done to ensure that this Bill is the best that it can be and that it further supports victims of domestic violence—something that this Government have made a huge priority. I congratulate the Minister on all that she is doing to ensure that the situation improves ever further.

I will make some short comments about the amendments, because I think that the Bill generally has cross-party support. A lot of what the hon. Member for Birmingham, Yardley said was, frankly, about training among local authority employees, and whether we should be drafting legislation because of the imperfections in local authorities. It is always a balancing act, but we need to ensure that the legislation is as strong as it can be.

I am concerned that new clause 1 could have a clear unintended consequence of undermining the existing devolved powers by taking new powers in the way set out in the new clause. Parliament is clear, as was the Minister in the other place, that there was not and is not a need for primary legislation in this area regarding cross-border movements. In fact, we could unintentionally erode devolution by acting on new clause 1 in the way in which the hon. Member for Great Grimsby (Melanie Onn) has outlined. Ministers clarified that individuals will have the support that they need and that we do not need to legislate in this way. It is good to hear that these devolved matters are being discussed across the nations, and that there is nothing that concerns the devolved nations in this respect.

I turn to amendment 1. The Minister set out that there is already protection in the Bill for all lifetime tenants, including those who have fled their homes and lost security of tenure. The Bill is specifically drafted to protect individuals facing that situation. In my experience as a Minister, I remember feeling on a number of occasions, “Perhaps we need a belt-and-braces approach here. We really need to spell it out in the Bill.” And what always came through to me in those circumstance was the fact that, in trying to do the very best we can to be as clear as possible, we can actually create confusion by not following the usual protocols. I urge the hon. Member for Great Grimsby to consider that for a moment. As the Minister said, local authorities should have no problem understanding their duties. Indeed, adding to the Bill in the way that the hon. Member for Great Grimsby is suggesting could, because of the redundancy of her new clause, create the opposite of the clarity that she wants.

I have a brief point on amendment 2. As the Minister said, allocating a house that is too big would not be in the best interests of the victim, but specific circumstances might require flexibility. I remember looking particularly at the role of discretionary housing payments when I was a Minister. Such cases fall squarely into the list of examples of why we have these payments. One of the reasons for having such an immense amount of money in this fund—£150 million or so a year—is to be able to give local authorities the flexibility that they need to be able to deal with local circumstances as they see fit. I think that it is better to trust local authorities to get that right than to create specific exceptions that might run the risk of not being used in the way in which the primary legislation requires.

I understand the reason behind this set of amendments. I particularly understand why the hon. Member for Birmingham, Yardley has spoken with a great deal of passion. One question that I would really like the Minister to answer is: how do we work even harder to ensure that local authorities provide the same support for victims of domestic violence, whether they are in Basingstoke, Birmingham, Yardley or anywhere else?