Nightclub Safety

Jess Phillips Excerpts

Monday 8th November 2021 Westminster Hall

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

Thank you, Mr Gray. I apologise to all assembled. I tried to leave the Chamber but was called as I was leaving—I was assured by Mr Speaker that he wanted me to speak. I have read the remarks made by my hon. Friend the Member for Gower (Tonia Antoniazzi) and am forever grateful to her for making them. She is a brilliant advocate of women’s rights, and it is no surprise to hear her speaking up with the petitioners in this instance.

It is also no surprise to me to see the number of Members who represent university towns, and the clear level of concern across the country about this particular issue. I do not know what the explanation is, and I very much doubt that the Minister knows what the explanation is, for this sudden moment in which the issue is reaching the headlines. It seems unusual that this situation is occurring, apart from the fact that it is not in any way unusual that women in our country have to run the gauntlet, whether at home, at work, going on a night out, walking to get anywhere, going on a bus, or—in some terrible cases—when approaching those agencies that are meant to be there to protect them.

I am afraid to say that spiking is by no means a new thing. In 2019, a BBC investigation uncovered 2,600 reports of drink spiking to police in England and Wales over the previous four years, and everybody will know that that is only a tiny fraction of what actually happened. Who knows? Every woman I know has been on a night out with a group of their friends and one of them is suddenly uncontrollable, or their legs suddenly go away from them and they are much drunker than they should be. That is not an unusual circumstance. The trouble is that when it is violence against women and girls, it does not matter that there were already 2,600 reports in 2019; we never seem to be able to quite reach a big enough number for things to actually get done.

I regularly stand in front of the House of Commons and say these things. The Office for National Statistics told us this week that reported rape had gone up by 8%, so it is now 62,000, 1.6 million women are victims of domestic abuse and, only two years ago, as I say, there were 2,600 reports of drink spiking. With this new phenomenon, this new issue, it is the introduction of the use of a needle that is frightening. The hon. Member for Wycombe (Mr Baker) quite rightly pointed out that such an action needs to carry a more severe punishment. To me, carrying into a nightclub a drug to put into somebody’s drink, or for injection—it seems harrowing, to inject somebody—is like carrying a knife, a weapon. In fact, it is not like it—it is carrying a weapon. The only aim is to harm.

[Jeff Smith (Manchester, Withington) (Lab)]

My hon. Friend is absolutely right, and she is also right that we do not really know what is going on. I wonder whether there is a kind of dual phenomenon, whereby we have a very well-known and long-standing problem with drink spiking, which seems even to be increasing, putting vulnerable women, mainly, at risk, but I wonder whether there is something else going on, which is people being stabbed by a sharp implement—a needle-stick injury—for reasons or motivation unknown, and that becoming a copycat thing around the country. It could be that those two phenomena are going on at the same time.

The reason I raise this point—

[Jeff Smith]

My hon. Friend is right. Both these things are problems, which is why it is really important that the call from the Night Time Industries Association for an inquiry into this situation, to get to the bottom of it, should be heeded.

[Jess Phillips]

I agree, although I have to say that even that kind of spiking is not necessarily a new phenomenon. I am a little old for nightclubs now—actually, I am not—but I remember there being a similar phenomenon. The Minister, whose constituency is a near neighbour of mine—at certain points she has been a nearer neighbour as a representative in Birmingham—will remember that there was a story about a particular nightclub in Birmingham. It is no longer there, so I can name it and not bring it into any disrepute—it was called The Dome. There were all these stories about pinpricks, and I am talking 20 years ago.

I do not know whether this new form of spiking is a new phenomenon, but the thing is that we do not know. What women know, and what my hon. Friend the Member for Gower and the petition are suggesting, is that they are seeking some level of security so that they can go into a place and feel safe. We can never stop all harm; we cannot. However, I really hope to hear from the Minister some tangible asks and action about how we will make sure people can feel safe.

[Wera Hobhouse]

Does the hon. Member feel, as I do, that there might be a fatality at some point? Then we would think, why do we always wait until something really dreadful happens before we take action?

[Jess Phillips]

Every single constituency Member of Parliament who has ever tried to get any sort of road safety measure in and has been told that they have to wait until somebody dies on that street hears the call of the hon. Member for Bath. I am afraid to say that a woman is murdered every three days in the UK by violence against women and girls; if that was happening at football matches in our country, football matches would be banned. The reality is that even if somebody does die in these circumstances, I do not think that will be what suddenly changes things. I want to hear from the Minister what exactly the Government will do to make it so that women can feel safe, and that perpetrators are the ones who are scared?

[Rachael Maskell]

The reality is that this is all about an assault against a woman, and somebody invading her space. That is the issue that needs to be addressed. We know there is massive underreporting of violence against women; whatever the statistics are, the reality is probably far greater. It is about bringing about action now, whether there is one case or several thousand cases.

--- Later in debate ---

[Jess Phillips]

The underreporting of this, and of all violence against women and girls, is well charted. We estimate that, at best, we are hearing about 20% of it. It used to be that only 8%—or even 4%—of people had come forward about rape. At the very best we are only seeing 20% of the problem, and 80% is missing from our eyes. With nightclubs, what worries me even further is that young women especially, and I remember this because I was one, will not speak up because of fear for their liberty—by which I mean the fear that their moms and dads will not let them go out again. When bad things happen when they are young, girls keep those secrets close because they are worried about their freedom.

In nightclubs, whether we like it or not, there will be people who take recreational drugs. That is just the world that we live in. The idea that people will not want to come forward because they are frightened, because they have been taking recreational drugs, is something that we have to deal with. We do not want to deal only with perfect victims. We must never fall foul, as so many of us have over many years, of only seeing victims who have a halo that allows us to see their abuses and not others.

[Lilian Greenwood]

My hon. Friend is making a very powerful speech, as she always does on this subject. Does she share my concern that one reason why women may not come forward, and why we do not have evidence about whether there is a link between these sharp-object incidents and toxicology, is because when women do seek help in instances of spiking they are sometimes not believed, dismissed as being drunk and, I am told, they are not seen quickly when they attend A&E? Does she agree that this response is discouraging women from coming forward and preventing us from getting the evidence that we need to better understand this latest problem?

[Jess Phillips]

My hon. Friend is absolutely right, and our hon. Friend the Member for Warwick and Leamington (Matt Western) pointed out very clearly that one of his constituents had that exact experience. My hon. Friend the Member for Gower talked about good services and best practice in Devon and Cornwall; some best practice in hospitals in Manchester was also highlighted by hon. Members. But that simply cannot be the case everywhere. As with all violence against women and girls, those presenting at A&E will be made to feel brilliant in some places—amazing and believed, and there will be specialist workers there—and in other places that will absolutely not be the case. But the single most important thing that the Government have to tackle is not how victims interact with the system. We have spent so many years trying to improve the experience of people who end up in this situation, which is noble—I will not stop trying to do that, and I am sure nobody else in the House will either. However, the fundamental point is that we have to end the perpetration. We have to make perpetrators feel as frightened of being caught with this type of thing in a nightclub as being caught with a knife. A rape victim once said to me, “If I had a stab wound, I wouldn’t have to prove that I’d been stabbed—everybody would be able to see that—but because I’ve been raped, I have to prove it. I have to prove it to you.”

We have heard many brilliant examples from Swansea and elsewhere of women speaking up with one voice. I have spoken to women about the issue, such as a local councillor in Oxfordshire who has been dealing with around 20 cases. She is working with 25 young student freshers who have been spiked in recent months, who were all deeply reluctant to report it to the police, saying that they did not want the hassle or were worried they would not be taken seriously. Statistics are starting to flood in from big and small organisations, and I am sure we can all see it on Instagram. I came across a Birmingham women’s safety initiative group that had done a survey of 100 Birmingham respondents, and more than 95% said they felt unsafe in their local area.

As always, I stand with each and every one of these women. There are things we can do now and I would like to hear what the Government will do to make sure that they happen. Venues must be clearly led to do far more robust security and search protocols, improve training for staff and have high-quality and well-positioned CCTV. The Minister might know that I am not always a fan of the sticking plaster of CCTV, because I would like someone to be stopped from hurting me, rather than it being possible to find my body. However, I have seen CCTV work well in clubs when something is found which shows that women were not drunk or stupid or lying or attention seeking.

I have a slight concern about searches in nightclubs, relating to the protocols for testing and securing staff who work on the doors of nightclubs. There has been a series of newspaper articles in recent weeks about the vetting of people who work on the doors of our nightclubs. There is a live debate among Members of Parliament about having our own security and how we vet the people doing that. I am afraid to say that, in lots of circumstances, journalists found what a lack of vetting had not: door staff who had been convicted of sexual assaults. I have to say, remembering what it was like to be searched going in and out of clubs, that it can often feel like a sexual assault to lots of women. We need to make sure that there are women on hand to ensure that those searches are done properly and appropriately. I certainly would only ever want to be searched by a woman.

It is very important that we do not treat this as just another issue where not much can be done. The Government need to start telling us exactly how they are going to deal with perpetrators of violence against women and girls. They are currently resisting, stating for the Police, Crime, Sentencing and Courts Bill that they will make it a serious crime, and that local authority areas have to—not can choose to, if they like, which is the sort of standing we give violence against women and girls—have a violence against women and girls prevention plan, as they would for crimes such as county lines. They have to have a public health approach to that locally. In this instance, the Government could be working with licensing; it would be incredibly helpful to have a protective duty.

I would hope to see the Government committing, finally, to make violence against women and girls a serious crime with a serious crime prevention duty. Mainly, I hope that they will take the advice of Her Majesty’s inspectorate of constabulary and fire and rescue services. The former Prime Minister, the right hon. Member for Maidenhead (Mrs May), did lots of good work in this area, but the inspectorate’s very long name is not something I will ever thank her for. It is a ridiculously long name. Her Majesty’s inspectorate has clearly set out a timeline and a timeframe for exactly how police forces could be working to tackle perpetration and build up trust in victims to come forward. The Government are, for some reason, still resisting saying how they are going to do this.

I will sit down now so that the Minister can speak, but I want to finish by saying that my parliamentary assistant, as I was preparing for the debate, told me this morning that at the weekend her and her mates had had to compare the features of their new safety keyrings, which included whistles, seatbelt cutters and rape alarms, just so that they could go on a night out. It is no longer on the young people and women in this country to make themselves feel safer. It is on the Government now.

--- Later in debate ---

[Rachel Maclean]

I am coming to that, and I very much hope to satisfy the hon. Lady. It is important that I make it clear that premises such as nightclubs have a responsibility, which I will set out, if she will bear with me.

Premises that have a high volume of customers are required to assess what steps they think are needed for the venue, but we are not solely reliant on venues taking action themselves. The law already allows relevant conditions to be imposed. The Licensing Act 2003, which governs the control and issuance of licences to sell alcohol, allows local licensing authorities to take a tailored approach to granting premises licences in order to uphold the four licensing objectives. The most relevant is of course the objective to prevent crime and disorder. It is important to state that the Act applies only to premises in England and Wales, as licensing is devolved in Scotland. I note that the petitioner is from Scotland, so I definitely encourage her to have similar conversations with her local authorities. I very much hope that they will consider those issues.

In order to reduce crime, licensing authorities can impose conditions on any business that wants to sell alcohol, which can include requiring the presence of suitably trained and accredited door staff or CCTV. A licensing authority can also require a licence holder to introduce entry searches as a condition of a premises licence.

We have a rich and diverse night-time economy across the country, catering to many different communities: big cities with a large student population—many Members have referred to their local universities—towns with a high proportion of families and holiday visitors, and rural areas with local pubs. We have venues and villages, and everything in between. It is a fundamental and important premise that, with very few exceptions, decisions on which licences to grant, and on how premises should be managed, take into account local issues, demographics and circumstances. There is no one-size-fits-all approach to licensed premises. We do not wish to see mandated national conditions, which could be disproportionate and burdensome to some venues. Even among nightclubs, there is a huge diversity of premises, so what is required for one will not work for another.

[Jess Phillips]

Will the Minister give way?

[Rachel Maclean]

I will allow the hon. Lady to intervene, but I also need to allow some time for the hon. Member for Gower to sum up.

[Jess Phillips]

How many licensing committees does the Minister think have their eye on violence against women and girls across the country and will be paying attention to this issue?

[Rachel Maclean]

I can assure the hon. Lady that we insist on it and require them to do so, and it is part of their statutory duty. They are of course accountable to their populations, and they are staffed by locally and demographically accountable members of their council.

I want to make the House aware that the police already have considerable powers to take action where they think there is a problem. They can call for a review of a premises licence and work with the management and licensing authority. Local mechanisms can introduce searches where they are needed more quickly than waiting for a national mandate to be brought into effect. Licensing laws allow longer-term measures as well, to improve management of the night-time economy. For example, the night-time levy, with which some Members may be familiar, enables local authorities to collect a financial contribution from businesses. Some of the initiatives are really helpful and have been used to fund additional police officers, community protection officers and local projects, such as club hosts and taxi marshals, all of which can help keep people safe.

The Act also allows the licensing authority to carry out a cumulative impact assessment, to help it to limit the number of types of licence applications granted in areas where there is no evidence to show that the number or density of licensed premises in the area is having a cumulative impact and leading to problems that could undermine the licensing objectives.

As I have said, the night-time economy is varied and diverse, and covers many types of areas. Alongside the specific measures I have outlined, there are other things that local areas can and should be doing. I have been impressed by some of the initiatives I have seen around the country. Some areas have introduced safe spaces, where a combination of medical assistance, supervised recovery and other support services are provided to intoxicated, injured or vulnerable individuals.

In another area, I saw a scheme where door staff convert into street marshals at the end of the night, across the whole city centre. I pay tribute to other organisations, such as Street Pastors, who provide invaluable assistance. Members have highlighted good work going on in their local forces and in some of their local universities. In addition, initiatives such as Ask for Angela, X Marks the Spot, Safe Havens and Good Night Out provide opportunities, help and support to everyone who is concerned for their safety.

Many Members talked about the wider and broader issues of violence against women and girls, which I come to now. We published our new cross-Government tackling violence against women and girls strategy this summer, to help to ensure that women and girls are safe everywhere. I fully agree with all the comments that have been made by hon. Members that this is not about blaming women, or requesting or expecting women to change their behaviour. It is about tackling the root cause of the violence.

I recognise what my hon. Friend the Member for Wycombe said about this not being about all men perpetrating these crimes, but about recognising that in the majority of the spiking incidents the victims that we know about are young women. It is at the forefront of the Government’s mind and our priority is to tackle the perpetrators and prevent this from happening.

On the specific work we have already funded, we are delivering a pilot £5 million safety of women at night fund, focused on preventing violence against women and girls in public spaces at night, particularly in the night-time economy. That is in addition to the £25 million safer streets fund, which focuses on improving public safety, with an emphasis on the safety of women and girls, and their feelings of safety in public spaces.

The hon. Member for Birmingham, Yardley referred to doorkeepers and their qualifications, which is an important issue. I have met the Security Industry Authority and I assure her that it is cognisant of the issue. It is working to ensure that qualifications for door supervisors and security guards include specific content relating to violence against women and girls. It is now working at pace to remind the industry and those operatives of their role and responsibility to keep people safe, with a focus on women’s safety. In our violence against women and girls strategy, we have committed to further work to see what more we can do to strengthen those safeguards.

I want to conclude my remarks and allow time for the hon. Member for Gower to respond. Violence against women and girls is abhorrent. As I have set out, the Government are taking wide-ranging action to prevent these crimes, support victims and pursue perpetrators. I congratulate the hon. Member for Gower on her speech. I fully agree that some of the issues that she highlighted around our sexist and victim-blaming culture are wrong and need to stop. We in the Government are completely behind that. The measures that I have set out, and more, are the measures that we will be using to bear down on this abhorrent behaviour. We are putting the full force of the Government behind tackling the issue, because we want women and girls to feel safe when they are going out at night.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 18th October 2021 Commons Chamber

[Rachel Maclean]

My hon. Friend is absolutely right that public confidence in the policing response is vital to tackling violence against women and girls. I am determined, as is the Home Secretary, to do all we can to combat these sickening crimes. We are committed to ensuring that policing is subject to stringent levels of transparency and accountability. Misconduct hearings are chaired independently of forces by legally qualified chairs. Sometimes those hearings must be held in private, for several legitimate reasons. We will be looking at the matter further to ensure that the system is accountable to the public.

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

Obviously, all of us on the Opposition Benches wish to be associated with the words of the Home Secretary, and send our love and best regards to Sir David’s family. He was kind and good, but for me, above all else, he was funny and he did not take himself too seriously.

As for James, as the Immigration Minister he was incredibly approachable and kind; he was a good and thorough Minister.

I wish also briefly to say from Members on the Labour Benches, who know how it feels to have someone fall, that our love—through you, Mr Speaker—is with all the friends and colleagues of those who have died.

I simply rise to ask the Minister whether her Department has decided whether it is going to implement all the recommendations and the timeframe laid out in last month’s report of Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, in order to improve our national response to violence against women and girls. In September, the Minister told the House:

“The Home Secretary has committed to considering the report’s full recommendations and will update Parliament when she has done so.”—[Official Report, 22 September 2021; Vol. 701, c. 287.]

An update on that position would be welcomed.

[Rachel Maclean]

I thank the hon. Lady for her words just now.

Clearly the report that the hon. Lady mentions is a very important one, and the Home Secretary and Home Office are considering it in detail. We have already put in place a number of important actions, including appointing Deputy Chief Constable Maggie Blyth to her new role and chairing a new taskforce to drive cross-Government action. The Home Secretary has also announced an independent inquiry into the issues surrounding Wayne Couzens and the wider culture in policing.

Violence Against Women and Girls: Police Response

Jess Phillips Excerpts

Wednesday 22nd September 2021 Commons Chamber

[Mr Speaker]

We come now to the shadow Minister, Jess Phillips.

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

Thank you, Mr Speaker. I welcome the new Minister to her place.

The report from Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services highlights the continued staggering failures by the Government to protect women and girls adequately. We should not make any bones about what it actually says. Since Sarah Everard was killed, a further 78 women have been killed by men, and I am sure that we would all wish to send our support to the family of Sabina Nessa this week.

The report tells the Government that there cannot be anything less than sweeping and fundamental changes across the board. There have been many reports, statistics and cases this year. After each one there has been an opportunity for concrete action, but each time we simply get a piecemeal response—a little review here, a pilot project there. Tackling misogyny and violence is on all of us, but primarily it is on the Minister. It is the Government’s job to keep people safe. The report is clear. In the words of Her Majesty’s inspectorate, these problems have arisen because of

“the continuing effects of austerity on policing and partner-agency budgets.”

The Labour party continues to call for a comprehensive violence against women and girls Bill. We also support all the recommendations in Zoë Billingham’s report. Will the Minister today commit to keeping to the very detailed action plan commanded by the report within the timeline it states? I will, of course, be checking. Will the Minister now take seriously our calls for the proper supervision and management of repeat offenders? Again, I quote from the report:

“there is no consistent and dedicated model in place for managing domestic abuse offenders”.

No model in place, Mr Speaker. I could actually scream. How can there be no model in place to deal with violent criminals? We have repeatedly asked for one. When can we expect it?

Will the Minister tell this House—I have asked this from this Dispatch Box before—when the Government will finally categorise violence against women and girls as a serious crime, just as they do with terrorism and serious youth violence? When I asked this question recently of the Minister for Crime and Policing, the right hon. Member for North West Hampshire (Kit Malthouse), who is in his place, he said that local areas can do it if they want. That is exactly the kind of half-hearted effort that leads to patchy approaches that this report decries. It is not an acceptable response. Will they finally act? They have a chance to do it in the House of Lords in these weeks around us.

The safety and security of women is not some side-line, add-on issue; it is essential to a functioning society. It can no longer be a weight borne by women everywhere. Every day wasted waiting for the Home Secretary to decide if she wants to undertake the recommendations is another rape, another murder and another beating.

[Rachel Maclean]

I am delighted to answer questions put to me by the hon. Lady and I look forward to many more opportunities to do so, but I must start by robustly rejecting her central accusation, which I think is that the Government have done nothing. May I remind her that the Government commissioned the report precisely because this is a priority for this Government? This Government have delivered a number of measures to keep women safer, whether they are legislative measures, funding to essential services to support women, toughening up laws or passing laws to keep more perpetrators behind bars.

Let me point to a couple of key parts of the strategy. We have appointed someone with a lifetime of experience to work with us; following the report published only last week, I am looking forward to working closely with Zoë Billingham. I will take forward what she comes out with very seriously to ensure that the police drive forward her recommendations.

Make no mistake: this issue is a central priority for me. I have been in my role for three days, but the hon. Lady will know that it is a priority for me and for the Home Office as a whole.

Strategy for Tackling Violence Against Women and Girls

Jess Phillips Excerpts

Wednesday 21st July 2021 Commons Chamber

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

The first responsibility of any Government is the safety and security of their citizens. Today, rape prosecutions are at a record low, domestic abuse in this country is soaring and charging is falling. Sexual abuse in school is being normalised, according to the recent Ofsted inspections. Ending violence against women and girls is a cross-party issue. On both sides of this House, there is a profound concern and desire for an ambitious strategy that will deliver. The strategy today is not ambitious enough.

There are things to welcome. A policing lead on violence against women is certainly one of them, but we already have one for domestic abuse, one for rape and sex offences, another for historical sexual abuse and one for child sex abuse, so why will this one succeed where others have struggled without the resources to tackle the issue properly?

It is good to see that calls for a public awareness campaign aimed at men to stop the perpetration of misogyny have been answered. A rape helpline looks good when it is written on a piece of paper, but can the Minister answer this: will it be for recent sex offences, or will it be open to all historical cases too? Is there a guarantee that the helpline will have a local specialist agency to refer to that can pick up the case straight away? Currently, in a number of rape cases I am handling, victims are on very long waiting lists—some waiting for 18 months for any sort of a service. Can people just keep calling the line until a service is available? It is simply not enough.

There is so much missing in what the strategy sets out today, and time will only allow me to highlight a few things. I welcome the offer to look at the possibility of reviewing some non-disclosure agreements at universities and the preventive duty on employers is something we have campaigned for, along with unions and women across the country, for years. Why, then, is there nothing about non-disclosure agreements in workplaces, when women are still being abused and silenced completely legally in our country?

Where in the strategy is there anything to help adult women suffering sexual exploitation? During the pandemic, I sat with a 23-year-old woman as she bled on the floor in front of me, following a battering by her controlling gang, miscarrying the child she had conceived of rape. She was scared of the police and needed urgent, yet unavailable, housing. Why in this strategy have we left the gap that means there is no national strategy for sexual exploitation of adult women? Where is this woman in this strategy? Why is there no national strategy for or inclusion in this strategy of adult victims of sexual exploitation? Their only slight mention is that the Government are going to ask porn sites to voluntarily do better on exploitation. I am sure the porn sites are all going to do the right thing!

Where is the much-needed public sexual harassment law? The Government have said that they think offences exist already. Well, tell that to the two thirds of young women who tell us they are suffering this abuse every day. We need root-and-branch reforms not only across the criminal justice sector, but in health, in housing, in social security and online. We need to make sure that women and girls, wherever they are and whatever they are doing, are safe.

Instead, we have some transport champions, who already seem to have pretty busy jobs—especially if you are a west midlands MP, you would think they did—as well as an app gathering data that local authorities will not be resourced for responding to or compelled to respond to, and absolutely no long-term funding for any of the invaluable specialist services that the Government are relying on to deliver most of this strategy. The VAWG strategy expects services to be able to deliver without any serious funding to deliver it. What is clear is that, on every single step of their journey, women and girls are being failed, and today it feels as if the Government do not have enough of a plan to manage that.

The Labour party has worked up a Green Paper for ending violence against women and girls. We have set out, among many other things, toughening sentences for rape, stalking and domestic murder, and reviewing sentences for all domestic abuse. We have set about introducing a survivor support package to improve victims’ experiences in the courts, including fast-tracking rape and sexual violence cases, end-to-end legal help for victims and better training for professionals to give people the help they need. We also suggest, as quickly as possible, the creation of new offences for street harassment.

I once again offer to work with the Minister to help make this strategy into something that women and girls in our country need. I hope she takes me up on it.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 12th July 2021 Commons Chamber

[Priti Patel]

First, I am appalled and very sorry to hear of the offence—the sexual assault—that took place outside my hon. Friend’s constituency office. There is a range of work taking place across Government right now, but importantly, he addresses the point about the lack of protection and the way women do not feel that it is safe to walk our streets. Many women around the country have sensed that and we have heard that as well in the call for evidence; we had over 180,000 people respond to our call for evidence on the VAWG strategy. He will see in the next few weeks the details of our approach because we will announce it, rightly, through the appropriate measures and means. But this is not just about policing; it is about the criminal justice system, public attitudes and how women are treated and how women are respected, and there is a lot of work that we will need to do together on this.

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

Shockingly, I could not agree with the Home Secretary more. I am not sure that I will say that many times in my life, but she is absolutely right that the respect of women when they come forward is very, very important. The heartbreaking cases of Bibaa Henry, Nicole Smallman and Sarah Everard have raised serious questions about police handling of reported violence against women and girls. There is currently an ongoing investigation into claims that Kent police failed to look at the incident of indecent exposure linked to Sarah Everard’s killer in 2015. There is also a probe into the Metropolitan police’s alleged failure to investigate allegations of indecent exposure in February this year. I am afraid to say that there will be a similar pattern all over the country. Can the Home Secretary tell me exactly what the Government are doing to ensure that allegations such as indecent exposure are taken seriously by police forces and that cases involving police officers as perpetrators are not ignored in the future, as they have been in the past?

[Priti Patel]

The hon. Lady is absolutely right. First and foremost, there should be no aspect of anybody ignoring these cases whatsoever, particularly from a policing perspective. She has rightly highlighted, I am afraid, some incredibly tragic and harrowing cases. Those of us who have sat down with family members of those who have been involved in these cases know that they are absolutely awful at every single level, so it is right that there are various investigations. There are independent investigations taking place into the cases that the hon. Lady has raised directly, and rightly so, by the Independent Office for Police Conduct, but there is no place for anybody to hide and that applies equally to the police. While we always want the full force of the law to be applied to perpetrators of violence and the most abhorrent crimes, any police involvement must also be uncovered, and that means that the police must be held to account—commissioners, chief constables, those at the highest level of policing—and I can give her every assurance that we as a Government are making sure that happens.

Police, Crime, Sentencing and Courts Bill

Jess Phillips Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[James Daly (Bury North) (Con)]

I rise to speak to new clauses 89 and 97. Having spent 16 years in the criminal courts, I speak with some experience of how cases are proceeded with. My right hon. and learned Friend is here as Lord Chancellor and his responsibility is the courts system. So his responsibility is the imposition of appropriate sentencing powers for judges, to reflect public confidence in the justice system and the serious nature of offending. In line with his and his Department’s responsibilities, he has clearly done that. There is an increase in sentences for the most serious sexual offences, as has been outlined by my hon. Friends already, and he must be commended for that. I share the concerns of my hon. Friend the Member for Burnley (Antony Higginbotham) on prosecutions, and we have spent a lot of time discussing this, in the Justice Committee and elsewhere. In the past year, 52,000 reported a rape to the police but only 1.6% of those led on to a charge or a summons. That is clearly not acceptable. When we are debating this section of the legislation, we must always remember that the justice system can work only if it is linked up with the police, the Courts Service and the probation service working together. Perhaps sometimes the disjointed nature of ministerial responsibilities for various parts of the system does not help in terms of conviction rates.

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

As somebody who has worked in this joined-up or not so joined-up system, may I ask the hon. Gentleman why he thinks that in the past five years there has been quite such a drop? Does he think it may be not just joined-upness or the lack of it, but a resources issue?

[James Daly]

I am very glad that the hon. Lady raises that issue. When the Director of Public Prosecutions gave evidence to the Justice Committee on 15 June, he was very clear that his predecessors had failed: they had not put in place the policies and actions necessary to increase rape prosecutions. Clearly, that includes the Leader of the Opposition, who I have to say has an inglorious reputation for leadership of the Crown Prosecution Service during that period. I certainly will not accept any lectures from the Labour party concerning—

[Jess Phillips]

Will the hon. Gentleman give way?

[James Daly]

No, I will not.

I am rather curious. We have heard comments from Opposition Members that they support heavier sentences and further action being taken, quite rightly, to protect the victims of serious sexual violence, so why in Committee did they vote against what was then clause 106—the clause that will abolish the automatic halfway release for certain serious violent or sexual offenders? We have a Leader of the Opposition with a terrible record of leading the CPS, and we have an Opposition who have recently voted against more serious sentences and more deterrent sentences.

--- Later in debate ---

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Please do not shout.

[Jess Phillips]

Will the hon. Gentleman give way?

[James Daly]

No.

I support the Bill. I congratulate my right hon. and learned Friend and thank him for bringing forward legislation to ensure that rapists are not released early in their sentences. That is what the public want, that is what we were elected on a manifesto to deliver, and that is what we are doing.

--- Later in debate ---

[Robert Buckland]

I am grateful to my hon. Friend and I look forward to working with him and other colleagues on bringing forward measures that will deal with the need to protect our valiant retail workers, who have given us so much in this pandemic and who serve our country with distinction.

I note that my hon. Friend has been joined by my hon. Friend the Member for Bury North (James Daly), who, in a brief but excellent speech, made the most of his considerable experience as a criminal solicitor. He was right to say that when it comes to the dramatic drop in rape convictions—I readily acknowledge that; I have acknowledged it frankly and fully and set out plans to do something about it—the complexities surrounding the reasons for it are deep. Only those who have spent many years looking at these issues, and those who have experienced the ordeal of the investigative and trial process, can really give the strongest testimony about what needs to be done. Of course we recognise the devastating effect of sexual violence and the lifelong impact that it has on victims and survivors.

I listened with interest to the submissions made by the shadow Secretary of State, the right hon. Member for Tottenham (Mr Lammy), about new clause 89. I have to say—I will pick him up on this—that he was wrong to say that in clause 100, the Government were introducing minimum sentences for the first time. What we are doing there is tightening up the criterion by which the courts apply minimum sentences for certain repeat offences. The existence of a minimum term for only one offence is, I think, only evidenced in one aspect of the law, relating to the possession of a firearm.

Our concern about the Labour party’s proposals is that they do not reflect the reality of what has been happening with regard to rape sentencing. There has, over the past 10 years, been a welcome increase of 15% in the average length of sentences for rape, with two thirds of offenders now receiving a custodial sentence of over seven years. In fact, the average is nine years and nine and a half months, which reflects the evolution of sentencing guidelines and the welcome changes that have been made. We are working, in the rape review, to ensure that we can drive forward more early guilty pleas so that victims and survivors do not have to go through the ordeal of the trial process.

My genuine concern about Labour’s proposal is that it cuts across a lot of what Labour says needs to be done with the process and a lot of the work that we have set out in our rape review. What we should now be looking at is the number and proportion of prosecutions, and the overall outcome of ensuring that we increase convictions. That has to be the real focus of Government. That is what I have set out in the rape review, and that is what we will drive forward.

I noted with interest amendment 50 about the potential further expansion of the imposition of a whole-life order. We sympathise with the concerns that underpin the amendment, but the risk it poses is that it starts to create further anomalies and issues with regard to the ladder of sentencing that exists under schedule 21. There would be a dramatic difference between the murder of one person with evidence of a sexual assault, which would have a whole-life order starting point, and a murder in the absence of that assault, for which the starting point would be dramatically different at only 15 years. That is the sort of discrepancy that I am sure the Labour party would not want to seek, which is why I have been working to review the whole framework of homicide, and particularly domestic homicide.

It is important that when we seek to change schedule 21 in any way, we do not create further anomalies. Let us not forget that we are talking about starting points, which means that the judge has the discretion to move either up or down according to the evidence in each case.

I have undertaken to look in a broader way at domestic homicide sentencing in particular. In addressing the new clauses set out by the Labour party on a review of sentencing on domestic homicide, I just want to give assurance that, indeed, that work is under way—well under way. We are analysing recent cases to see what effect the current law and guidance are having, including explicitly looking at how cases involving a weapon are sentenced. I will update the House with more details as that progresses. I can also inform the House that I intend to appoint an independent expert to oversee the next stage of the review, which will consider initial findings and then make recommendations, and I will come back to the House and confirm the arrangements.

[Jess Phillips]

Just by happenstance, I wrote to the Justice Secretary this morning on this exact matter. Could he place in the Library of the House of Commons the terms of reference for the review that he is doing into domestic homicide? I spoke this morning with four of the families whose daughters have been murdered, and they are still without detail on that issue.

[Robert Buckland]

The hon. Lady would be interested to see the note that I have here—it says, “Remember the families.” I am grateful to her for reminding me of that, and, of course, I will undertake to put a suitably phrased letter in the Library of the House. I hope that assures hon. Members that I am taking the necessary steps. I absolutely recognise the importance of those concerns.

I listened with care to the hon. Member for Walthamstow (Stella Creasy), who charted her own deeply distressing recent experience of when a photograph was entirely inappropriately taken of her without her consent and in circumstances that all of us would deeply deprecate and deplore. We all want to do something about this, which is why, some time ago, we asked the Law Commission to review the law around the taking, making and sharing of intimate images without consent to identify whether there are gaps in the scope of protection that is already offered to victims.

Importantly, we and the Law Commission are looking at whether recording and sharing images of events such as breastfeeding should be captured as intimate imagery for the purposes of any reformed criminal law. It has completed a public consultation and is developing final recommendations for the Government. It is certainly my intention to act. I want to make sure that the law is resilient and comprehensive and that, when it is drafted, we do not inadvertently create loopholes that people could take advantage of. I gently remind the hon. Lady that the public nuisance reforms are precisely those of the Law Commission, and it is in that tradition of careful consideration that we have already undertaken and started this work.

I am grateful to all hon. Members for their continued dedication to improving the way in which the system handles sexual offences cases, and that dedication is clearly behind the amendments concerning the use of evidence, including section 41 of the Criminal Justice Act 1991. However, we have to remind ourselves that section 41 already provides a very comprehensive prohibition on the defence adducing any evidence or any questions relating to previous sexual behaviour. The hon. Lady is right to refer to our undertaking in the rape review action plan to ask the Law Commission to examine the law, guidance and practice relating to the use of evidence in prosecutions. The Law Commission will be very happy to meet the right hon. and learned Member for Camberwell and Peckham (Ms Harman) about her concerns to take on board the proper observations she makes. Let us not forget that the wider issue about rape myths will also be part of its work.

On the issue of penalties for those who disclose the identity of anonymous complainants, I think we can go one better. There are a number of other offences—modern-day slavery and female genital mutilation come to mind—where anonymity is a legal requirement. When we redraft the legislation, it is essential that we cover all offences where anonymity is a requirement and also assess the interplay between the criminal offence and contempt of court. As a Law Officer, I police that particular divide regularly. Clearly, the Law Officers already have the power to pursue wrongdoers for contempt of court where serious wrongdoing has been evidenced. I am grateful that my right hon. and learned Friend the Attorney General has invited the Law Commission to undertake a thorough review of the law in this area with a view to strengthening it so as to meet the ambitions of all of us in this House.

I am grateful, as ever, to the hon. Member for Rotherham (Sarah Champion) for her steadfast and consistent work in the support of victims. We already, through the victims code, have a number of entitlements relating to parole. A root-and-branch review of the Parole Board is ongoing. The observations and concerns that she has outlined are being fully embraced by that, and further work will be done on victims law.

On pet theft, it is vital that the underlying seriousness of this type of criminality is fully reflected by the law. That is why, since its launch on 8 May, the pet theft taskforce has been working to look at the wider issues. I am grateful to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for his work on this. As a pet owner myself, I understand the depth of feeling that exists. I am able to say in the strongest terms that we will act to drive out this pernicious crime. His new clauses address some of the issues at the heart of where we will take action. I give him, and others, the assurance that it is our intention to make any necessary changes to this Bill in the Lords before it returns to the Commons once we have finalised the detail of exactly what is needed, using a range of powers, including primary legislation. The effect of these changes will, I believe, help to achieve what he and other hon. and right hon. Members are seeking to achieve today.

On road traffic, I pay tribute to my hon. Friends the Members for North Cornwall (Scott Mann) and for Truro and Falmouth (Cherilyn Mackrory), who are working hard to raise awareness about these important issues. I can assure them, and the right hon. Member for Exeter (Mr Bradshaw), that my ministerial colleagues at the Department for Transport are working to explore options with my officials about how these offences will work in the wider context. I take on board the point made by my hon. Friend the Member for Wycombe (Mr Baker) about the particular context in which people seek to evade the law and evade responsibility. While we have the common law offence of perverting the course of justice available, more work needs to be done to identify that class of driver who manipulates the system and evades responsibility in a way that clearly outrages the community and offends the wider public.

On the matters raised by my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat), we both share a passion for the issue, and I have been proud to spearhead reforms on child cruelty in the past. I will work with him and, as he knows, we are looking at the issue more widely. Indeed, we hope to bring concrete reform forward as soon as possible.

As time reaches the witching hour, I simply say that tonight is an opportunity for hon. Members to unite in common cause to strengthen the fight against crime and to make our communities safer. The opportunity is there. The gauntlet is laid down to Labour Members. I ask them to take it up.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 7th June 2021 Commons Chamber

[Kit Malthouse]

Two of the key planks of the work that we will be undertaking in this area—indeed, we have started already—are, first, yes, to shorten the timeframe between a report and a case getting to court, and secondly, to develop expertise throughout the system to ensure that victims get the justice they need, but in particular that investigations focus on perpetrators.

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

To follow up on what has just been said, rape prosecutions in England and Wales are at their lowest on record. One third of all the violent crime recorded by the police is domestic abuse-related, and now only 1.6% of rape cases are even being charged, let alone convicted. That is all according to the latest figures from the Home Office. This situation is untenable and it is worsening on the Home Secretary’s watch. The Government are leaving dangerous rapists and violent offenders on our streets and in our communities, so will the Minister and the Department back calls to ensure that violence against women and girls is included in the definition of serious violence in the Police, Crime, Sentencing and Courts Bill, including domestic abuse-related violence and all sexual violence?

[Kit Malthouse]

In the urgent question that I answered on this subject not two weeks ago, I expressed serious regret about the conviction numbers that the hon. Lady mentions. It is not a situation that any of us should be happy with, and we have confirmed as a Government that we will do our utmost to turn that around. She will understand, I know, because she is from the west midlands, that we will need the assistance of police and crime commissioners and chief constables to do so. I hope that she will join us in urging them to play their part in what will be the enormous task of turning this particular challenge around.

As for the serious violence duty, that will no doubt be debated by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), during the Bill Committee, but I would hope, whether or not there is a statutory duty for everybody to play their part in dealing with this problem, that all those other organisations—whether that means health or local authorities, or, indeed, police and crime commissioners—will step forward anyway, because the moral case is strong and I know that the hon. Member for Birmingham, Yardley (Jess Phillips) will make it with us.

Domestic Abuse Bill

Jess Phillips Excerpts

Consideration of Lords amendments
Monday 26th April 2021 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the shadow Minister, Jess Phillips.

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

I thank the Minister for running through the amendments in lieu. I am sure she will not be surprised to hear that the Labour party remains in agreement with the Lords amendments. I will also run through some of the amendments in lieu and ask some questions. My right hon. Friend the Member for Castleford, Normanton and Pontefract—sorry, Normanton, Pontefract and Castleford (Yvette Cooper); I went in alphabetical order—has rightly pointed out some of our concerns, although I recognise and want to place on the record our thanks for the constant work that is going on between our two Houses trying to settle this once and for all.

On the Government amendment in lieu on child contact centres, the Minister mentioned the NACCC as one of the safeguards already in place, but in fact it is that very organisation that seeks to make the provision more robust. I am sure she received the message today from Sir James Munby, the former head of family justice in this country, who says that the Government’s reservation to support Baroness Finlay’s amendment, which was drafted in partnership with the NACCC, would be a missed opportunity to address an anomaly in safeguarding children and improving standards in general. Specifically regarding domestic abuse, Sir James urges Members of this House to back the amendment in this afternoon’s—it was wishful thinking on his part that we would have got to this in the afternoon—consideration of Lords messages, to ensure that standards in child contact centres and services are consistent and high, and that domestic abuse and safeguarding is appropriately handled through high-quality staff training.

I welcome the review offered as an evidence-gathering measure. Although the Minister might say that there is not necessarily such evidence, I have certainly heard about case after case where there was poor practice, including bad handovers and perpetrators able to access victims. That is really problematic, so we will continue to support their lordships.

I am also grateful for the review offered on the firewall. I feel like I have to say that, but I really am grateful for that review, which has been greeted with some cheer in the sector. However, I seek some clarification specifically on the code. Under part 2, it states that the code must be kept under review, but it is not clear by whom. It also says that the code may be revised or replaced, but again, by whom? Can we ensure that at every single stage, there is buy-in by services for the very victims we are talking about and that they are consulted throughout the process? I also seek an assurance that the whole point of the code is explicitly to ensure that data can be shared only to enable victims to receive protection and safety. I will share with the House why that matters. For example, in a case in my constituency, a woman was applying for leave to remain and going through the process. She had been here on a spousal visa. Her husband threatened to kill her. When she called the police, she was taken to Yarl’s Wood detention centre, where I had to go and get her out. She came forward to the police because there was a threat on her life, and that information was used to put her in detention. She is now legally in this country with indefinite leave to remain. That is why there is a need for a code.

Domestic Abuse Bill

Jess Phillips Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

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

Like the Minister, I wish to place on record my own and my party’s sadness on behalf of Her Majesty the Queen. I suppose all your life you get used to the existence of the royal family as if they are always going to be there. In the passing of Prince Philip, we realised how lucky we are as a nation to have a sort of backbone that is always there—a family who are not always perfect, like anyone’s family, but who we can look to. I and we all feel very keenly in light of the pandemic the loss to the royal family specifically and to us as a nation.

We also share in the Minister’s sadness at the loss of Dame Cheryl Gillan. Regardless of political party, she was a friend especially to every woman in this House. To every woman from every party who came, she offered words of advice and words of exasperation in the lady Members’ rooms. She was one of a kind, and she will be missed genuinely and keenly across the House. She would definitely have been here today, without question. She spoke in almost every single one of these debates. We will miss her further, and no doubt we will all seek to take on her work.

Following the death of Sarah Everard, heartbreak, fear and anger ripped through the country—a response to the endemic violence that women and girls suffer. People felt it in their bones. Responding to such an outpouring of grief is our job. It is our duty and a privilege as parliamentarians to take that emotion, that fear, that rage, that passion and that injustice and to turn it into policy and law. It is our job to do something meaningful.

The question for the House today, as we consider the amendments inserted into the Bill by the other place in the heat of those moments, is: who do we decide to save? I will briefly talk through which amendments we are supporting and why, as the Minister has done.

I welcome very much, as I have throughout its passage, the immense changes to the Bill. It is unrecognisable from the day it started, which I do not know if anyone can remember; it seems so long ago. The spirit in which the Bill has been forged—that is how it feels—has always been to seek amendments and to work to improve it, and my comments will continue in that exact same spirit as we seek to continue to amend it.

Amendments 40, 41 and 43—I am sure nobody will be surprised to hear my views on migrant victims of domestic abuse—would allow migrant victims to access support and protection just like everybody else and just like I could. Without the amendments, victims will be left trapped in abusive households. It is as simple as that. The Government will seek to tell us that they have proposed a pilot project, which we have heard about today. I am pleased to hear that the pilot has gone to Southall Black Sisters, I believe in partnership with Birmingham and Solihull Women’s Aid—a place very close to my heart—but the specialist organisations and independent commissioners have all been very clear that the pilot is inadequate, as the hon. Member for Strangford (Jim Shannon) alluded to.

Analysis by the domestic abuse sector suggests that thousands of victims could be left unprotected and unsupported under the pilot scheme. Students here studying, for example, might be raped, battered and abused by their partners. Thousands of students have this week talked on the Everyone’s Invited site about sexual assaults on campus. Foreign students would not be able to seek refuge in the same way that I can under the current rules in this country if they needed to escape.

This pilot is not good enough. It will only provide minimal, short-term support for 300 to 500 women. There is no money, for instance, for counselling, therapeutic intervention, interpretation costs, children’s costs and medical or travel costs. What happens, then, when the 501st victim visits? I can tell you what happens to the 501st victim, because it is what happens now. It is happening to Farah, who was routinely tormented and assaulted with a belt by her father and trapped in that abuse without access to public funds or support and protection. She said:

“I made many calls to the council and even the national domestic violence helpline and many other organisations for people who suffer domestic violence. They all said the same thing: I had no recourse to public funds, so they couldn’t and wouldn’t help me. Some of them even said it was the law not to help me. I guess that no recourse to public funds means that it’s okay for me to be violated physically and mentally abused by my father. I guess the Government approves of that.”

Lords amendment 40 establishes safe reporting mechanisms which ensure that all victims of domestic abuse feel able to come forward to the police. Perpetrators know at the moment that they can use immigration status as a weapon against vulnerable, frightened victims—“If you tell the police, you’ll get deported and you’ll never see the kids again. If you go to the police, they’ll lock you up in a detention centre.” I have seen this thousands of times.

At the end of last year, three police oversight bodies said that the data sharing with immigration enforcement was causing “significant harm” to the public interest. If victims cannot report, those perpetrators remain out there. We are leaving violent rapists and dangerous, violent men in our community, able to hurt people again and again. I listened to the Minister’s comments on this, and obviously I welcome the idea of a review. In terms of the idea that it is premature to ask for the law to be amended to protect these victims, I have stood in the House asking for this for at least four years. It does not feel premature for my constituents who had threats to kill and ended up in detention. It does not feel premature when I had to go to Yarl’s Wood to collect them.

I have to disagree with what the Minister said. These amendments do not ensure indefinite leave to remain for all victims of domestic abuse or allow some mythical path to dodge immigration processes. They are about getting victims out of an abusive and dangerous situation, on an equal footing to what any one of us in this House would expect for ourselves and our daughters. I also expect it for all my constituents.

Moving on to other serial offenders whom we currently leave on the streets and those victims who are at the highest risk of harm, Lords amendment 42 requires serial domestic abuse or stalking perpetrators to be registered on a database and accompanied by a comprehensive perpetrator strategy. The Labour party supports this amendment. Zoe Dronfield almost died when her ex-partner attacked her with a meat cleaver. Zoe spent weeks in hospital recovering from bleeding to the brain, a stab wound to her neck and a broken right arm inflicted during an eight-hour ordeal at the hands of Jason Smith. Zoe discovered after reporting her case to the police that Smith had abused 13 previous victims. There is a desperate need in this country to do something to identify, manage and monitor these high-harm perpetrators of stalking and domestic abuse. They would not have been met by current MAPPA. [Interruption.] The Minister claims that that is not true, but they were not in these instances.

[Victoria Atkins]

I just want to clarify this, because it is an important detail. Category 3 of MAPPA is defined as “other dangerous offenders”. It does not matter whether that offender has committed section 18 grievous bodily harm or criminal damage, which, as the hon. Lady will know, is a much lower offence. It is the risk assessment of that defendant in the circumstances of the offence that matters and puts them in category 3. That is the point—it already exists.

[Jess Phillips]

If it already exists, why was Jason Smith allowed to go on and abuse 13 other people? It is not just Jason Smith, of course—it is the person who killed Hollie Gazzard, the person who killed Jane Clough and the person who killed Helen. The reality is that this is not working, and the victims in these instances, like Zoe Dronfield, have spoken very clearly, and the agencies have spoken clearly. They have asked us to look again and help to protect them.

[Victoria Atkins]

Just to assist the House, as I hope I made clear in my speech, we know there have been horrific instances where, in the system itself, those risk assessments and the management have not been done properly. I think we are having a disagreement about whether putting in a new category will change that. We want to look, and we are doing so through the statutory guidance, at how these assessments are made on the ground. That is what will make a difference, not a statutory framework.

[Jess Phillips]

I can sympathise with what the Minister is saying, but I would ask the House and the Minister to sympathise with somebody on the frontline who has been watched again and again, through one multi-agency risk assessment conference after another, or a serious case review or a domestic homicide review. Again and again, the same thing is said—agencies do not speak to each other. The idea of amending the statutory guidance but not putting in place some legislative framework so that this has to occur is just more, “Oh, let’s see if we can get agencies speaking to each other again.” It just is not enough. It is not just me who thinks it is not enough. When I spoke to Zoe Dronfield herself this morning, she told me that she was devastated. In the heat of the Sarah Everard killing, she felt that the Government were listening, and today victims like her feel as though they have been let down.

The Government amendment in lieu is not enough. It is perfectly fine in its own right and the Labour party called for a perpetrator strategy in Committee, but it is not the same as what is proposed in Lords amendment 42. It is not even nearly answering the same question. Dangerous criminals are on our streets and in our homes, and repeating the same acts of violence and abuse over and over again, moving from victim to victim. Nothing in what the Government have proposed, I am afraid, has anywhere near enough teeth or will account for, identify and offer safety to the victims now dead at the hands of the most serial perpetrators. The amendments from the other place are strong, and I very much imagine that it will successfully push back. The Labour party stands ready to support it as it does so, and stands to support the victims.

Disabled victims are currently left out of the Bill. Lords amendments 1 to 3 change the definition of “personally connected” to reflect the lived experience of disabled victims of domestic abuse. Disabled people can be victims of domestic abuse by paid and unpaid carers, with whom they have close, intimate relationships. For victims, this abuse of trust and power is experienced in exactly the same way as that perpetrated by a mother, a father or a partner, so it should be recognised as such in the Bill. The expansion of the definition of “personally connected” will not dilute it, as has been suggested by the Government, but fortify it to protect those who right now are being domestically abused because they are dependent on another person in their lives. This is what disabled people have asked for, and I am sure we will see after today if the review proposed by the Government is satisfactory to those voices, who are the ones we must listen to in this.

Moving on to training of the judiciary and the accreditation of child contact centres, I want Members in this House to know that today they will be voting against making it mandatory for family court judges to be trained on domestic abuse. The Government are claiming that Lords amendment 33 threatens the independence of the judiciary. They have yet to elaborate, and the Minister did not elaborate on this point earlier. However, I shall assume—she can of course correct me if I am wrong—that she and those who sit behind her, both metaphorically and actually, are using the Constitutional Reform Act 2005, which gave the Lord Chief Justice responsibility for training. I am assured that those who tabled this amendment in the other place took legal advice on this exact thing, and they do not agree that it is unconstitutional, but think it fits very well with that Act.

The amendment was drafted by a peer who is a QC, and was accepted by the parliamentary Clerks. On Report, a number of significant legal minds voted in favour of the amendment, including QCs and the former Deputy President of the Supreme Court. I would very much welcome a copy of the Government’s legal advice. There is absolutely no desire on our parts to do anything that is unconstitutional. We are not even saying what the frame of the training has to be, just that it has to happen. The idea that the Lord Chief Justice would push back, saying it did not have to happen and was against the independence of the judiciary, is something, frankly, that we would want to push against.



The Government’s own harm review found that comments made by judges in the family court included, for example, that a woman could not be a victim of domestic abuse because she wore make-up to court. Judges also found that women were emotional and temperamental when they cried about their abuse in the court room. Who knew that we did not need the police, the courts or welfare for victims of domestic abuse? We should have just told women to pop on a bit of make-up, and that would have protected them from domestic abuse. That is essentially what is being said in our family courts: if a woman wears make-up, how can she be a victim of domestic abuse? That was not said by me but by a judge in our family courts, and that kind of attitude is not just insulting but dangerous, because terrible practice in our family courts leaves children alone with violent perpetrators. I am not offended by the sexism; I am frightened for people’s lives.

--- Later in debate ---

[Mrs Theresa May (Maidenhead) (Con)]

If I may crave your indulgence, Madam Deputy Speaker, I wish, as the Minister did, to take the opportunity in this Chamber to pay my tribute to our late right hon. Friend, Cheryl Gillan. Cheryl was an incredible person. She was a fierce defender of her constituents and proudly put forward their interests, but she was also a great friend to MPs across this House. As the Minister and the shadow Minister recognised, she was particularly a friend to women in this Chamber. Quite simply, with the passing of Cheryl Gillan, this House has lost one of the best of its Members.

Before I comment on the amendments, I want to say a huge thank you to all those who have been involved in this Bill from the very inception of the idea of having another Domestic Abuse Bill. Although I do not necessarily agree with all the Lords amendments, I recognise that everybody has been working to make the Bill what they believe to be absolutely the best. This really important Bill will save lives and protect the too many people who, daily, are sadly abused by their partners and those they are living with in horrific and terrible ways.

I turn now to specific amendments. I have just referenced the abuse that takes place, and I fully recognise the intention behind Lords amendments 1 to 3. We should, of course, have absolutely zero tolerance of abuse by carers. The very name “carer” means that they are supposed to be looking after and caring for the person they are with. One of the most important aspects of the Bill—it seems very trivial, but it is one of the most important aspects—is the definition of domestic abuse, and the fact that we are adopting that wider definition of abuse. Domestic abuse is not simply abuse that takes place within a domestic setting. It takes place between two individuals who have a particularly close and intimate relationship, and it is that personal connection that I think is important.

The Government are absolutely right to be working with those who have raised, in particular, the abuse of disabled people to look at what protections need to be put in place, why the system is not currently working and why the arrangement that can deal with these cases does not always appear to be working. What lies at the heart of domestic abuse is the relationship between the perpetrator and the victim. That is why it is important that we do not widen the definition in the way their Lordships have proposed.

Of course, domestic abuse can continue outside the domestic setting—for example, in a workplace or online. That is one of the reasons why I particularly welcome Lords amendment 34, to extend the offence of controlling and coercive behaviour to a situation where the perpetrator and victim are no longer living together. It is a mistake to think that domestic abuse ends if the two individuals, the perpetrator and the victim, are physically separated by no longer being together in the same premises. This is an important amendment. As we know, too many survivors find themselves subject to controlling and coercive behaviour even after they have been separated from their perpetrator. I commend the role played by my noble Friend Baroness Sanderson in putting forward the amendment. I also commend her for all the work she has done on domestic abuse when she was working for me in No. 10 Downing Street and subsequently in her time in another place. I am sure she will continue to work on these issues.

I want to come on to the Lords amendments that I do not agree with. Lords amendment 33 is about training for judges. I have heard the arguments across the Front Bench on that issue. During lockdown 1, I joined Dr Peter Aitken, Elizabeth Filkin and the former Supreme Court judge Nicholas Wilson to produce a report called, “Seize the Moment to End Domestic Abuse”. We focused particularly on the Bill and its implications. One important recommendation we made to the Ministry of Justice was that the MOJ should ensure the proper training of judges on the implications of the Bill once it is enacted. The shadow Minister is absolutely right that there have been some very bad cases where the attitude of judges has shown that they simply do not understand domestic abuse, the nature of domestic abuse or the wide range of abuse that can take place. It is important that training is the responsibility of the Lord Chief Justice, and I think the commitments given by the President of the Family Division and the Judicial College are important in that respect. I would simply say to the Government that it is important that the Government make sure that those steps are put in place and that training is put in place.

I want to raise a question that may be answered later. There is an issue about who decides the nature of that training, how good the training is and what it actually covers. I am sure there are those who would say that the judiciary have had training already. Well, it is patently obvious that there are some who perhaps did not imbibe the training as well as they might have done.

This point is not specific to the amendments, but, if I may, it is not just the judiciary whom we need to ensure are trained. We need to ensure that the police, local authorities and others are trained on the implications of the Bill when enacted if we are going to see it being implemented. One thing we sometimes forget in this place is that it is not just about passing pieces of legislation; it is about what then happens with that legislation and how it is implemented.

I will now come on to one of the more contentious areas in the amendments, which has been a long-standing issue: the question of support for migrant victims. The Minister and the Government have given a clear commitment to ensure that the victims of domestic abuse are treated as victims, whatever their immigration status. Of course, systems of support are already in existence—the destitute domestic violence concession scheme, as has been referred to by others, is for those who are here on a spousal visa, while victims who are also victims of modern slavery can be referred to support available through the national referral mechanism—but the concern is that there are those who are falling through the net. The Government undertook a review. They have now undertaken to put in place the Support for Migrant Victims scheme. The Minister announced that Southall Black Sisters will run that scheme, which I welcome.

It is important that we recognise that not all victims are the same and that we are able to identify the specific circumstances and the specific protections and support needed in those cases where people are currently falling through the net. I support the Government’s decision not to support the Lords amendments on these particular issues. What matters is that victims are recognised as victims, regardless of their status. What we must now allow is the good intention of providing extra support for victims inadvertently leading to more victims.

On data sharing, which has been linked in the amendments, the issue is not as simple as it is sometimes portrayed. I am very pleased to be able to say that this is, I think, the first use of the police super-complaints process, which was introduced, as the Minister said, under the Policing and Crime Act 2017, so I have some sense of bearing some responsibility for it. That is good, because it shows that it can work.

[Jess Phillips]

It won’t be the last.

[Mrs May]

The hon. Lady is right; it won’t be the last. The important thing is that it has been shown that it works and that a super-complaint can be brought. Let us respect that process and do what has been recommended by HMICFRS—I apologise for the initials; I think I put the fire service in with the inspectorate of constabulary—and, as the Government say, undertake that review and put into place whatever is necessary as a result of it.

On Lords amendment 42, on the register, this has been a matter of debate for some considerable time. It has been raised with me by constituents and by one of my local councillors on behalf of a resident not in my constituency. What I would say is that simply putting somebody on a register does not mean that protection is going to be provided. There was an exchange across the Front Benches about MAPPA and how it is operating. MAPPA can currently cover these cases of serial domestic abuse offenders and high-harm domestic abuse offenders, so there is a question as to who would be covered who is not already covered. If they are already covered but there are still these cases, the question is not whether the system applies to these cases, but why the system is not working in relation to them.

--- Later in debate ---

[Victoria Atkins]

Home should be a place of love and safety, but for 2.3 million adult victims of domestic abuse, and for their children, it is not. We all want this abuse to stop, and we want victims to live peaceful, safe and happy lives, and as I have said many times at this Dispatch Box, that is why this Government are bringing forward the Domestic Abuse Bill. The continued passage of the Bill marks an important milestone in our shared endeavour across the House 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, although I rather liked the slip of the tongue by my right hon. Friend the Member for Basingstoke (Mrs Miller) when she said it felt like two generations. I pay tribute in particular to my right hon. Friend, who as chair of the Joint Committee, set in train much of the work that has happened in this place and the other place when the Bill was in draft form. I thank her sincerely.

I also thank my right hon. Friend the Member for Maidenhead (Mrs May) for championing the Bill, both as Home Secretary and as Prime Minister, and now—eminently, if I may say so—from the Back Benches. I also thank all right hon. and hon. Members who have contributed today. The Bill has been improved during the course of debate in both Houses. It was scrutinised properly and thoroughly by their lordships, whom I thank for their vital contributions. I do not know whether many other Bills have had a mere 86 amendments to them when they came back to this place. This is a sign of their lordships’ commitment. The Bill includes real measures to help victims of domestic abuse and, as we have heard, even beyond those relationships. It expressly recognises the harm and distress caused to victims by so-called revenge porn and threats to disclose such images.

The Bill also creates a new offence of non-fatal strangulation. My hon. Friend the Member for Newbury (Laura Farris) did much in this place when the Bill was before us for scrutiny, along with the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my hon. Friend the Member for Wyre Forest (Mark Garnier), to campaign on the issues of rough sex and non-fatal strangulation. My hon. Friend asked me about consent in the amendment, and I want to try to clarify that in order to reassure people who may be watching. A valid defence of consent is available under the new offence only where the offence does not involve causing serious harm or where the perpetrator can show that they had not intended to cause serious harm or had not been reckless as to the serious harm caused. This provision reflects the current law as set out in R v. Brown and, indeed, in the rough sex clause that was passed earlier in the Bill’s progress. We have had to be, and tried to be, consistent with both of those provisions, and I hope that that reassures my hon. Friend.

I have listened carefully to colleagues who have raised the issue of the management of perpetrators. This is absolutely critical. I have talked in the past about the evolution of our understanding of domestic abuse. We look back on the days of the 1970s when brave campaigners for Refuge and other organisations started setting up refuges and talking about domestic violence. Our understanding and our efforts to deal with this have obviously moved absolute milestones in the decades since then, but one of the challenges that we will certainly be looking to address in the domestic abuse strategy is the management of perpetrators. I am delighted that we are now investing unprecedented amounts in perpetrator programmes, as announced in the Budget, because we have to prevent perpetrators from committing harm in the first place. Again, let me emphasise that the reason we find ourselves unable to accept that Lords amendment is that creating a separate category as envisaged in the Lords amendment does not get away from the need for the MAPPA authorities to make a judgment in individual cases as to whether a particular offender should be managed under the framework. I want to be clear that three categories exist in MAPPA. Category 1 covers registered sexual offenders. Category 2 covers any violent offender or other sexual offenders convicted of offences under schedule 15 to the Criminal Justice Act 2003 and sentenced to more than 12 months’ imprisonment. Category 3 covers any other dangerous offender. So on the sorts of horrific examples we have been hearing about, if there are convictions in the background of those offenders, these categories would cover some of the convictions that have been described. I say that, but I hope again that colleagues have appreciated that I have been very clear that there must be improvements in how the system works on the ground. That is why we have announced—we went into a little more detail in the “Dear colleague” letter—that we are going to revisit and refresh all relevant chapters of the MAPPA statutory guidance so as to include sections on domestic abuse, to ensure that agencies are taking steps to identify perpetrators whose risk requires active multi-agency management. We are ensuring that cases of domestic abuse perpetrators captured under categories 1 and 2 are included in the threshold guidance that is being developed. We will issue an HM Prison and Probation Service policy framework setting out clear expectations of the management of all cases at MAPPA level 1. This work on this new system, the multi-agency public protection system, will have a much greater functionality than existing systems, including ViSOR, enabling criminal justice agencies to share information efficiently and to improve risk assessment and management of MAPPA nominals. That is what will address the very understandable concerns that colleagues have raised in this debate.

I come to the final point I wish to touch upon, and I hope colleagues will understand why I am going to be quick. Hon. Members have raised questions and concerns about the issue of judicial training. My right hon. Friend the Member for Maidenhead and my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) set out the problems with the way in which Lords amendment 33 seeks to achieve that laudable aim, which we all agree with, of ensuring that the judiciary and magistrates must be trained well and, importantly, trained regularly. Referring back to the comments I was making earlier about the progress that has been made in the past few decades, let me say that, by definition, our understanding has grown, even, as some have said, during the passage of this Bill. Of course, that knowledge must continue to be deployed and trained. Domestic abuse is covered in all family law courses run by the Judicial College, and the debates held in the other place and in this place will I know—I have faith—have been watched and listened to very carefully by the President of the family court and others.

[Jess Phillips]

I admire the hon. Lady’s faith, but I would like something more than faith. The triumph of hope over experience will, I fear, leave us in the exact same position with the exact same problems. Faith is well and good—I have it in spades—but I would like to know about a monitoring process that will be done to review how well people are trained and how well this is working.

[Victoria Atkins]

I am happy to help the hon. Lady. As I said in my opening remarks, the President of the Family Division has indicated that he will consider making recommendations regarding training, taking into account this Bill, the harm panel report, which, as she knows, is critical to the Ministry of Justice’s concerns in this area and the four recent Court of Appeal judgments in domestic abuse cases. I would argue that there is a real understanding among our independent judiciary of the need to make sure that they are equipped to ensure that justice is delivered—and delivered well—in the courtrooms over which they preside.

In summing up, let me reflect on the course of the Bill. Progress on the Bill has been characterised by a determination on both sides of the House to work constructively and collegiately. At every stage, we have endeavoured to focus on what can be done to help victims of domestic abuse and to ensure that the abuse can stop. As my right hon. Friend the Member for Basingstoke put it, these are not our issues—these are not party political issues—but the issues of our constituents who are victims and of their children, and I know that each and every one of us has had that very much in mind in all our deliberations on the Bill.

I therefore commend the Bill and the amendments that the Government support to the House. I very much hope that we will be able to make real and meaningful progress and pass the Bill, so that we can get on with the job of helping the victims we all feel so strongly about.

Oral Answers to Questions

Jess Phillips Excerpts

Monday 22nd March 2021 Commons Chamber

[Priti Patel]

The hon. Gentleman has highlighted some important points around rape, sexual violence and abuse within the criminal justice. I can confirm that, as part of the work of the Crime and Justice Taskforce, the Government, with the Ministry of Justice and the courts system, are looking at a range of measures to see how we can do more to fast-track cases and also to make sure that victims are protected in the right kind of way, as the hon. Gentleman has said. Alongside that, a great deal of work has taken place across Government with the end-to-end rape review.

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

I am delighted to hear that the Home Secretary has finally joined up with us on trying to do better to address violence against women and girls, and that the taskforce was announced last week; we look forward to working with her. We are hopefully going to enter a new era on street harassment, thanks to the deeds of Labour women here in the Commons and in the other place, who pushed the Government to record misogyny as a hate crime. With that in mind, may I ask the Home Secretary what she intends to do to train police forces? Can she tell us why only half of English and Welsh forces have undertaken Domestic Abuse Matters training, even though research shows that where forces have received it, there is a 41% increase in coercive control arrests?

The Minister for safeguarding, the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), said over and over again last week that police training was important in improving the dreadful and worsening outcomes for abused women in this country, so how come, under her watch and the watch of the Home Secretary, only half of forces have undergone the necessary, proven training? Will the Home Secretary tell the House what she has done to ensure that all are trained, other than just saying she wants them to be? We need deeds, not words; otherwise, her Home Office will keep releasing more and more violent perpetrators back on to our streets.