Draft Domestic Abuse Bill: Territorial Extent

Joanna Cherry Excerpts

Wednesday 30th January 2019 Commons Chamber

[Victoria Atkins]

I thank my hon. Friend for her question. She demonstrates the range and depth of views, and the passion with which they are held, across the House on this topic of abortion. I am grateful to her for reminding us that this Bill is, as it says in the title, a draft Domestic Abuse Bill. I very much note her observations about the political structure in Northern Ireland. Again, I am not sure that this urgent question is the forum in which any changes to that are going to happen. I am grateful to her for her question, which underlines that we have to keep in mind the subject matter of this Bill; we are trying to tackle domestic abuse here.

[Joanna Cherry (Edinburgh South West) (SNP)]

The situation in Northern Ireland as regards women’s rights, particularly on abortion, is deplorable and requires addressing. However, this Bill could never have been UK-wide, because civil and criminal justice are devolved to Scotland. Indeed, last year Scotland passed its own Domestic Abuse (Scotland) Act 2018, which has already significantly strengthened statutory definitions and protections in respect of domestic violence, for example, by recognising the offence of coercive control.

There is much to be welcomed in the UK Government’s Bill, but I am pleased to hear that they are putting it through pre-legislative scrutiny, which we hope signifies that they are willing to listen to genuine concerns from Members from across the House. There are some UK-wide issues that this Government could and should legislate on. My hon. Friend the Member for Central Ayrshire (Dr Whitford) has led the campaign calling for default separate payments in universal credit, to protect the victims of domestic abuse from financial coercion. Scottish National party Members were dismayed that that was dismissed out of hand by the Secretary of State for Work and Pensions. Will the Minister speak to her counterpart at the Department for Work and Pensions so as to urgently introduce default separate payments or at least to create provision for the Scottish Government to do that, because of course that is one of the many aspects of welfare powers that are not yet devolved?

As has been mentioned by others, the insecure immigration status of women who are victims of domestic violence also needs addressing. I want to know what the Minister is doing to extend the eligibility of the destitute domestic violence concession, so that it supports more migrant women. More generally, what discussions will she have with her counterparts to support migrant women, throughout the UK, who are victims of domestic abuse?

[Victoria Atkins]

I am very grateful to the hon. and learned Lady for her astute and concise analysis of the legal position. May I put on the record the UK Government’s thanks to the Scottish Government for the work they do with us on this and other associated crimes, such as stalking and harassment?

The hon. and learned Lady is absolutely right. I hope the House realises that we are being very open and transparent about the process for this Bill. It is a draft Bill specifically so that there can be a Joint Committee of both Houses—I think it is fair to say that this is an unusual level of scrutiny for the House—to look at the detail of the Bill and see whether improvements can be made.

On the specific issue of universal credit, I very much know about the issues that have been raised on these Benches. There is already a range of special provisions for victims of domestic abuse—for example, temporary accommodation, easements, same-day advances and signposting to expert support. However, I welcome the recent measures introduced by my right hon. Friend the Secretary of State for Work and Pensions regarding payments to the primary carer.

We will continue to work on this together, but I would make this observation. Those of us who take a particular interest in this subject all know that economic abuse, like all forms of domestic abuse, has no regard to income levels, job status or whatever. We must make sure that our answers are right not just for those on low incomes, but for women who do not need to have recourse to the welfare system.