Domestic Abuse Bill

John Hayes Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Chris Bryant]

This is what happens all too often: a man, and it is normally a man, comes home, perhaps he is drunk, or he loses his temper, or he quietly and dispassionately decides to deal with his partner to teach her a lesson—perhaps to slap her around a bit. Maybe he lashes out with a punch to the face, or he shakes her violently, repeatedly and at length, or he strangles her, or he pushes her down the stairs. I have heard of men slamming their partner’s head against the wall, against the door, against the bathroom cabinet, against the toilet bowl, against the kitchen worktop, or against the oven.

These are horrific instances, and in many, many cases there is absolutely no visible wound, or even a bruise, but the damage is invisible and internal, inside the brain. That internal damage can last for years. The woman, and it is normally a woman, may suffer from anxiety or depression expressly because of the injury to her brain. She may suffer from memory loss. She may be more confused. Her language—her speaking—may often be slurred because of the brain injury. Many may doubt her in the criminal justice system because she is confused and finds it difficult to turn up to events on time having lost some of her executive functions. She may suffer from terrible fatigue, which is a very common aspect of brain injury. It is almost certain that she will not have gone to the doctor about it, either because she has a coercive partner who will not let her, because she is frightened of talking to anybody about the domestic abuse that she has suffered, or because she does not realise that a brain injury can do as much damage as any other kind of injury.

Depressingly, we have very little idea of how common this is in this country, because there has been remarkably little research done. That is why my amendments, which are tiny little amendments, seek to redress the balance a tiny little bit. In the United States of America, some work has been done showing that 88% of those referred to a traumatic brain injury clinic from local abuse services had had more than one brain injury from their partner. Only 21% of them had ever volunteered to go to the doctor with it. Work done by Ohio University found that 81%—81%—of domestic abuse survivors had received a blow to the head. But in this country we have no idea of what the true numbers are.

The Disabilities Trust did a really good piece of work in Drake Hall Prison with women prisoners coming on to the secure estate for the first time. It found that 64% of women had had a brain injury and 62% of those injuries had been from a domestic violence incident.

[Sir John Hayes (South Holland and The Deepings) (Con)]

I welcome and endorse the hon. Gentleman’s excellent amendments. Not for the first time, he has brought brain injury to the attention of this House. I wonder if I might, through him, invite those on the Front Bench, either by means of an intervention now or in the concluding remarks, to commit to the kind of research that he has recommended to the House.

[Chris Bryant]

I am grateful to the right hon. Gentleman, who has been a doughty advocate for those who have suffered from brain injuries, not least because of his own experience. That has been invaluable to the House.

The Disabilities Trust’s work, and work that has been done with male prisoners across the estate, was the result of a pilot scheme introduced by the Ministry of Justice. It has been very effective. It is very simple screening —just three simple questions are asked of prisoners arriving. Nevertheless, it has enabled people to rectify some of the problems within the prison—for instance, prisoners who, because of their brain injury, find loud noise, clanging, smashing and things like that to be very disruptive to them. They have, very simply, been able to be put down at the quiet end of the prison. Sometimes, very simple measures have transformed the experience of those individuals and the likelihood of their reoffending, and given them a better opportunity in life.

That is writ even larger when it comes to women prisoners. The evidence is clear that many of the women coming into prison have been victims of domestic violence themselves, so the victim ends up being victimised a third time. All my new clauses are designed to ensure, first, that every single woman coming on to the prison estate is screened—a very simple screening, involving three questions, as has already been done in Drake Hall—and secondly, that every woman coming on to the prison estate who it has already been decided is a victim of domestic violence should be screened for brain injury, so that we can give such women the proper neurorehabilitation they require, so that they can understand the condition they have and lead a fuller life.

I was disappointed by the Minister earlier. I am sure she did not intend to mislead the House, but she said that the national screening agency—I think she means the National Screening Committee—considered screening, when in fact the committee considered screening every single adult in the country for domestic violence. That is not what we are talking about here. I hope she will correct the record when she winds up the debate.

[Sir John Hayes]

I am pleased to follow the hon. Gentleman, who, as I said, has made a persuasive case, to which I hope the Government will respond in the way he suggests.

For most of us, home is where the heart is; it is where we find love and warmth. I guess that most people here would say that is true of their constituents, by and large, but for too many of the people we represent, home is where the hurt is. It is a place of hate and pain—a pain that, for many of them, dare not speak its name, because they feel shame. The irony—the bitter irony—is that some of the victims of domestic abuse feel that they are in some way to blame, that they are in some way guilty, and it goes on year after year, unrecognised, unnoticed, and therefore untreated, undealt with. This Bill is a brave Bill that, to some degree, begins a process. It will not end here; this is a start, not a conclusion. It begins a process by which we can highlight, recognise and then act upon this awful spectre of domestic abuse.

I remember the case of a constituent who came to see me. We all have, every week, every month, horrible things to deal with—things that are memorable in the worst way—but this constituent stands out in my memory. It was a gentleman I knew—I had known him for years; I knew his son. I had no reason to believe he was unhappy —he was always cheerful, a rather jolly sort of chap in his mid-50s. He arrived at a surgery; I did not know why, as I had received no notice of what he wanted to see me about. He sat in front of me and, with almost unbearable tension in the air, revealed to me that he had for years been the subject of domestic abuse. His wife had been beating him. He was a disabled man, so the poignancy of that exchange was exacerbated by knowing that she was much stronger than him and much more powerful. As he burst into tears, I recognised that he was far from the only person like that in my constituency and in all our constituencies. In two thirds of cases, the victims are women, but they can be men, too. That personal experience gave me an insight of what domestic abuse can be and mean for so many of those we represent.

         G. K. Chesterton remarked that

“the business done in the home is nothing less than the shaping of the bodies and souls of humanity.”

Home is where most of our experiences take place, and the impact on the formation of an individual’s earthly experience happens disproportionately in homes. That is why the Bill is important and why I commend so warmly Ministers for bringing it to the House, and particularly my great friend, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins)—I mean no disrespect to my equally good friend, the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), by the way—for championing this cause.

My new clauses seek to do two things, as the House will have seen. The first is to monitor the connection between the kind of relationship that people are in and the propensity of domestic abuse. There is some evidence that the sort of relationship in which people are fitted has an impact on the likelihood of domestic abuse taking place. While postmodernists may resent the idea that the Government should play a part in family formation and social solidarity, I do not share that view because I am not postmodern—in fact, I am not even modern, as many people here know. I ask the Government to look at that in some detail, because there is some disturbing evidence to suggest that some kinds of relationships are particularly prone to domestic abuse, which is a heinous crime by any measure.

[Marco Longhi (Dudley North) (Con)]

Does my right hon. Friend agree that we must absolutely not allow this vital piece of legislation to be potentially used by abusers to coerce pregnant women to have an abortion, and that our duty of protection towards vulnerable people should also have regard for the life of the unborn child, so new clause 28 has no place in the Bill?

[Sir John Hayes]

I was not going to deal with new clause 28 because it has been debated at some length, but I simply say to the hon. Member for Kingston upon Hull North (Dame Diana Johnson), who tabled it, and who is a respected and experienced Member of this House, that it was not wise to do so for two reasons: not only because it is imperfectly drawn up, but because, if anything, it takes emphasis away from the main thrust of the Bill, which is to deal with the heinous crime that I have described—

[Dame Diana Johnson]

Will the right hon. Gentleman give way?

--- Later in debate ---

[Sir John Hayes]

I will in a second. But more than that, it may even frustrate the very purpose of the Bill by putting vulnerable women, already suffering from the fear that I described, into an even more fearful circumstance. I happily give way to the hon. Lady, who will no doubt put a counter-view.

[Dame Diana Johnson]

I am grateful to the right hon. Gentleman for giving way. I want to make it clear that the new clause was obviously drafted to be perfectly in order—it refers to victims of domestic abuse and the particular circumstances they find themselves in in accessing reproductive healthcare—so I am getting a little frustrated. I hear what hon. Members think about the way the clause is drafted, but it is perfectly in order to put a new clause in the Bill about women who are suffering from domestic abuse.

[Sir John Hayes]

I think there are times and places to have these debates. We take different views, but this is not the time or place to have the debate, and to say more would be to worsen that sin.

I mentioned the research about particular kinds of relationships. The Office for National Statistics research from the year ending March 2019 shows that cohabiting women are almost three times more likely to have suffered domestic abuse than married women or women in civil partnerships. The figures also demonstrated that separated women were significantly more likely to suffer abuse than those in relationships, so there are issues around the connection between abuse and particular family circumstances.

My new clause 3 calls for the Government to look at the character of these crimes and the sentences they attract, with a view to raising the minimum and maximum sentences. Frankly, we ought to be doing that in all kinds of cases, but this crime in particular warrants the Government looking at these things again. I hope that the Government will look at my new clauses. I will not press them because, rather in the spirit that I have just suggested, this is a time for the House to come together in common cause, not to be divided, which is another reason why I am disappointed with new clause 28 and hope that the hon. Lady will have the grace not to press it.

C. S. Lewis said:

“Love is not affectionate feeling, but a steady wish for the loved person’s ultimate good”.

Supporting my new clauses will help do good, as will the Bill.

--- Later in debate ---

[Robert Buckland]

I am grateful to my hon. Friend for the way in which she brought the issue to the debate via her amendment and the constructive approach she has consistently taken. Yes, I can give her that assurance, which will come in several forms. Research is being done by the Government Equalities Office on this sensitive and important issue. That will be published soon, and through legislation and the online harms policy, which my right hon. Friend the Secretary of State for Digital, Culture, Media and Sport is responsible for, we have again a vital opportunity for early action to deal with the issue she rightly raises.

The Bill has been a prime example of how the Government, parliamentarians and campaigners have come together to identify an area where the law falls short and done something about it, yet we recognise that, in relation to a number of other issues, there is still more to be done. The recent publication of the report by the expert panel on harm in the family courts and the Government’s implementation plan affords, I think, a unique opportunity for the family justice system to reform how it manages private family law cases involving children. I put on record my own personal commitment to the process. That report was uncompromising, it made for difficult reading and it was critical, but I felt strongly that it had to be published, warts and all, because if we are going to deal with this problem, we have to be honest about the failures of the past, and through that process of honest assessment come up with something better. We owe it to the families who look to the court as a place of resolution rather than a place of further abuse, strife, hurt and horror.

The panel received more than 1,200 submissions of evidence and the report provides significant insight into the experience of victims of domestic abuse in family courts. It is a launch pad for the actions that we are going to take to better protect and support children and domestic abuse victims throughout private family law proceedings. There is more work to be done, because I strongly believe that although the adversarial principle is an important one and serves to advance the interests of justice in many settings, in private family law proceedings in particular we have to look for a better way to resolve the issues and to achieve a higher degree of justice for everybody involved, not least the children whose voices must be heard and who, despite the best efforts of the Children Act of 30 years ago, still do not necessarily get their voices heard in the way that we owe it to them to allow.

[Sir John Hayes]

While my right hon. and learned Friend is in the mood to concede and be generous, might I ask him to look again at the issue of maximum and minimum sentences? He is of course right that during legal proceedings victims should be treated with the respect and regard that they deserve, but once people are convicted, there needs to be exemplary sentences—there needs to be just deserts. Will he look at that issue through the prism of the new clause that I tabled, which I have no doubt inspired and impressed him?

[Robert Buckland]

My right hon. Friend he tempts me into new territory. As the Government and I develop a White Paper on sentencing reform that will be published later in the year, we will have ample opportunity to engage properly on such issues. My right hon. Friend knows that I come to this role with, shall we say, a little bit of form on the issue of sentencing and a long experience in it, and I want to use that White Paper as the opportunity to set something clear, firm and understandable that will only increase public confidence in the sentencing system in England and Wales.

Before I move on to the question of migrant victims, I pause to pay warm tribute to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and, indeed, to the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), who is part of my ministerial team at the Ministry of Justice. Together, they did not just do their duty, but did it with zeal, passion and a deep commitment to the issues. I know that that commitment is shared by Opposition spokesmen, too, and pay tribute to them for their assiduous work on this issue. True cross-party co-operation can move mountains, and this Bill is an emblematic example of that important principle.

Let me return to the important issue of migrant victims of domestic abuse and the review that has been conducted. We acknowledge that more needs to be done to support migrant victims who do not qualify under the destitute domestic violence concession or other mechanisms—that is very clear—but we do need to assess precisely that need, as outlined by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle. That is why the £1.5 million pilot scheme that is to be launched later in the year will provide support additional to the mechanisms that have already been discussed. It will also provide the evidence necessary to help to inform decisions about a long-term solution.

The provision of better protection and support for victims of domestic abuse and their children is at the very heart of the Bill. In the first Second Reading debate —on the previous version of the Bill—I told my own story about being a young barrister dealing with a domestic abuse case, one of many that were dealt with somewhat differently, shall we say, in those days from how they are dealt with now. That does not necessarily mean that we should be complacent about where we have come to with regards to how we deal with domestic violence, but it is right to say that if the phrase “It’s only a domestic” has not previously been consigned to the history books, this Bill will make sure that it is. We owe it to the 2.4 million victims a year to ensure that the justice system and local support services work better for them.