Domestic Abuse Bill

Karin Smyth Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[Karin Smyth (Bristol South) (Lab) [V]]

I, too, welcome this long overdue Bill and many of its provisions. Since becoming the Member for Bristol South in 2015, the impact of domestic violence has been one of the most heartbreaking and dominant parts of my casework. My surgeries have been filled with women, mainly in their 20s, with children, who have been desperate to remain part of their community and have had family support but who have been seeking refuge from their perpetrator. The impact is wide, and when in recent discussions with headteachers and local police we have been trying to identify behavioural problems locally, we have often come back to a background of young men experiencing violence at home and then repeating it.

This Bill is crucial for many of my constituents, because our area has some of the highest rates in the city. In 2018-19, police figures for Bristol showed more than 10,000 domestic violence and abuse incidents, but there is a shocking disparity between levels of violence across the city. A 2017 report on women’s health showed that the rate of domestic violence against women in some wards in my constituency was double the national average. There has been a problem for some time, and one that I raised with the UN rapporteur on human rights in 2018. In some of our communities it is embedded, normalised and long-term, and often not discussed. A significant part of the problem is that cases are not reported, which presents huge difficulties for people supporting the victims. Some 14% of the population in one of our wards think that abuse is a private matter—compared with a figure of 7% across Bristol as a whole. Sometimes a reluctance to speak out against abuse is related to the amount of time it has been going on. A report by the south-west rape crisis centre partnership entitled “The chilling silence” identified sexual abuse among older women in particular, and often not much publicity is given to those women. I would like to see that issue addressed in this Bill.

In February, I held a surgery especially for women who had come through domestic violence—they were largely on the other side—and I asked them what services they would like to see changed. I am grateful to them for sharing their experiences and being brave. Most of the suggested changes centred on the justice system, but many related to mental health support once a victim has managed to flee their abuse, because the trauma does not end when someone leaves. I heard many examples of how the state apparatus is then used to manipulate the victim from a distance; for example, childcare arrangements and child maintenance payments can all add to the psychological trauma once someone has left.

I wish to focus my comments on part 4 of the Bill. Bristol City Council is doing some excellent work in this area, alongside some brilliant partner organisations, but I am deeply concerned that the duty placed on local authorities to support and protect victims is not sustainable without the Government providing the necessary funding. After the past 10 years of cuts locally, this is an unrealistic ask, and funding must accompany duty and responsibility. Housing is also key. Having enough accessible and appropriate housing to accommodate victims quickly is essential, but far too often I have seen women and their children forced to move out of local areas, away from support networks and their families, while the perpetrator remains in the house. Where it is safe and appropriate to effect change, I hope that measures will be taken forward in this Bill.

The Justice Secretary, in his opening remarks, identified a complex landscape locally, and the role of local authorities and police and crime commissioners. He said that the new commissioner would seek to understand that. I hope that she works closely with those in Bristol, as people there are doing a remarkable job. I wish to highlight the work being done by Avon and Somerset police, and I pay tribute to the police and crime commissioner, Sue Mountstevens, who over eight years has led tremendous work in this area, working with voluntary organisations.

The police could not do such work without our excellent voluntary sector’s work with victims. The sector is coming particularly to the fore at this time, doing tremendous work to support women locally. However, if the Government are really serious about making an impact, they should support the call from my hon. Friend the Member for Torfaen (Nick Thomas-Symonds) for a duty to provide funding for this work, and particularly to ensure that good, quality-assured perpetrator programmes are in place.

Domestic Abuse Bill

Karin Smyth Excerpts

Consideration of Lords amendments
Monday 26th April 2021 Commons Chamber

[Yvette Cooper]

I also welcome the progress that has been made on the Bill and the cross-party consensus that exists on many of the important measures, but I want to take this opportunity to pursue further the issues around stalking and repeat perpetrators of domestic abuse, and to discuss what more needs to be done to keep other victims safe from those whose violence escalates and who pose some of the greatest threats.

I welcome the Minister’s commitment now to a perpetrators strategy. It was one of the issues that we raised previously through these amendments, so it is very welcome. I hope that she or her colleagues in the other place will be able to give more clarity about how stalking will be included in the perpetrators strategy. The wording is slightly constrained, which I assume is partly about reflecting the scope of this particular legislation, but it would be helpful to have some clarification of the Government’s commitment to including stalking and repeat patterns of behaviour as part of the perpetrators strategy. I am still very concerned about lack of strong underpinnings to the commitment to take action against these most dangerous perpetrators whose abuse continues and escalates.

The Minister spoke about being able to change the interpretations of categories 1 and 2 to include domestic abuse among perpetrators already included in those categories. That is fine and it will be welcome in order to take account of their domestic abuse threats, but it will not include the thousands—if not tens of thousands—of repeat perpetrators of domestic abuse, stalkers and high-harm perpetrators who will not be included in either category 1 or 2. As a result, they will not appear on the register or be included in the MAPPA arrangements.

The Minister says that those people will, in the future, be included in category 3, but there would need to be a massive shift in the way category 3 currently operates—not a minor tweak to the guidance, not a few tweaks and changes, not a bit of adjustment here and there; we need a massive change. At the moment, there are only 330 people on that category 3 list. That is half the number there were 10 years ago, and we know that awareness of stalking and of repeat perpetrators of abuse has increased.

That 330 includes a whole load of other offences, not just domestic abuse or stalking. It is tiny in proportion not just to the more than 80,000 people who are already on the high-risk offenders register, but to the number of stalkers and repeat-convicted domestic abuse perpetrators who go through the courts every week and every month, but do not make it on to these registers so that a proper assessment can be made and proper action can be taken to prevent them from committing more crimes and putting more lives at risk.

That is what we seek reassurance from the Minister about. That is why we wanted this to be in legislation, not just tweaks to the guidance. We need legislation in order to deliver a substantial shift in the response from the police, from probation and from specialist agencies. We are just not doing enough. We have talked many times before about how two women a week lose their lives as a result of a partner or an ex. It was two women a week 10 years ago. Not enough has changed. Why is anything going to change now?

[Karin Smyth (Bristol South) (Lab)]

It seems like an age since I spoke on Second Reading, and I commend those involved in the massive amount of work that has been done on both sides of the House and in the Lords. I spoke at that time because, unfortunately, the rates in Bristol South are double the national average and the highest in the city. It is no coincidence that it also contains some of the most deprived areas of the country. That link between poverty and abuse, and particularly the impact on children, must be addressed. Although the Bill is welcome, it does not go far enough in some of those areas.

I shall speak briefly about Lords amendments 42D, 42E and 42F. As we have heard, we all agree on the outcome, but I defer to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) and my hon. Friends the Members for Walthamstow (Stella Creasy) and for Birmingham, Yardley (Jess Phillips), who all, while recognising the Minister’s personal commitment and intent, eloquently expressed concerns about how we will hold the Government to account on behalf of the women we all know and represent if legislation is not brought forward on these things.

I know from speaking to women who are expecting a more defined register and legislation that they do not really understand why serial abusers and perpetrators are not more easily registered and tracked. Those are stories that we all know come before us repeatedly. If those amendments are not accepted, I know that the Minister will continue to do this work, but it will be incumbent on her and her Government to prove to those women that these measures are remotely enough.

We all know that we need better action across a range of service providers. Again, that needs much greater support from the Government. Finally—I am conscious of time—I touched last year on the nature of domestic abuse among older women. That is often a much-neglected area, and it would be good to see changes to the Bill that reversed some of the perceptions about the abuse that older women face and made them feel more empowered to come forward, safe in the knowledge that their experiences will be justly dealt with too.

[Christine Jardine (Edinburgh West) (LD) [V]]

I share what I believe was possibly the frustration of many other speakers tonight that we are so close to achieving what we want the Bill to achieve, yet we seem unable to cross that final line. I appreciate the efforts made by the Government and everyone else, and by the Minister in particular, but I still have reservations about the Bill—particularly about the vulnerability of migrant women, and specifically about amendment 40B. The amendment in lieu laid down by the Minister is a start, but it still does not go far enough and it fails to capture the one key thing that all our amendments and speeches have said, and everything we have heard this evening: waiting for a stalker or serial domestic abuser to get a conviction for 12 months before considering them for this is way too late.

We know that most stalking victims do not go to the police. This is about cumulative obsessive behaviour. Well-intentioned though the legislation is, we simply do not feel it is going far enough. Between 15 March and 19 April, another 16 women have been murdered—that is between the Report stage in the Lords and ping-pong last week. The Government’s inaction has to end. We have to address this issue now. We have to ensure that the Domestic Abuse Bill that so many people in this place have worked so hard for over the past four years is achieved by the end of this week.

The same recommendations have been made over the years and the same reviews have been repeated over and over, yet nothing is changing. Rarely are the recommendations put into place and we have seen systemic failures over many years, with widespread misogyny, institutionalised sexism and a gender bias. No amount of guidance or training has changed that across the past two decades. In fact, matters are getting worse. That is why we need this to be in the legislation.

Many Members have mentioned the overwhelmingly depressing statistics about one woman being murdered every three days by a man, and a woman being murdered every four days by an ex or a current partner. It is simply not acceptable. We are all agreed, but we must find a solution. I appreciate the steps that the Government have taken so far to compromise to meet people halfway, but I still think that this will take another step. That is why I, like the Liberal Democrats, will be rejecting the Government’s amendment in lieu this evening.