Domestic Abuse Bill

Laura Farris Excerpts

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

[Laura Farris (Newbury) (Con)]

This legislation has been a long time coming, and for those on the Front Bench on this side and across the Floor of the House it has been a labour of love. I commend my right hon. Friend the Member for Maidenhead (Mrs May) and the Lord Chancellor and his ministerial team for all their work.

There is so much that the Bill will achieve. I start by praising the creation of the post of domestic abuse commissioner. The Home Affairs Committee had the benefit of hearing from her a fortnight ago when she gave evidence on the impact of the lockdown on women with abusive partners. The cogency of her evidence, and her understanding of the pressure points and the unique challenges for women seeking escape, left no doubt in my mind about how vital her role will be.

Then there is the simple act of creating a statutory definition that expresses domestic abuse in all its myriad forms, which is what I think makes the Bill so much more than the sum of its parts. When the Sex Discrimination Act was passed in 1975, it was on the face of it a law that gave women the right to bring cases to employment tribunals, but in fact it was a piece of great social reform that said to women, for the first time really, “We understand the wrong that you experience. We give it definition as a statutory tort and we give you a right of enforcement.” The Bill has many of those features. It shines a spotlight in the darkest corners, and it puts women centre stage.

It is with the darkest corners in mind that I speak in support of the amendments jointly proposed by the Mother of the House, the right hon. and learned Member for Camberwell and Peckham (Ms Harman), and my hon. Friend the Member for Wyre Forest (Mark Garnier) on the rough sex defence. Through that defence, acts of extreme violence are given a different complexion because they occurred during sex, and it is said that the victim wanted it—something that the Prime Minister himself has said is unacceptable. I know that there are big brains on the Front Bench giving this serious thought. Their task is technical, and it must avoid unintended consequences.

The Lord Chancellor was correct when he said that rough sex is not a defence. That is true, but it does not prevent a defendant from establishing that there was consent when the victim is not alive to tell the tale. The Natalie Connolly story is a case in point. I cannot imagine how hard it was for her family to hear how John Broadhurst inflicted more than 75 catastrophic injuries on their daughter, sprayed bleach in her face and left her in a pool of blood. And yet he established in court that one of the most extreme and violent of those acts—the intimate insertion of a bottle of carpet cleaner—when he had beaten her black and blue, and she was very close to death, was done with her consent. In fact, at paragraph 31 of the sentencing remarks, the court found that it was done at her instigation. It is easy to see why her father, Alan, told The Sun in an interview last month that at times, it felt like Natalie was on trial. That is why I commend my hon. Friend the Member for Wyre Forest for affording Natalie the dignity in this Chamber that she was deprived of in her death.

Natalie’s case is by no means an isolated example. Take Laura Huteson, who in 2019 had her throat slit by her partner, or Anna Banks, who was throttled to death by her partner a few years earlier. In all these cases, what is really just extreme violence against women is given a veneer of complicity through the sexual element. The victim has no voice. The lurid details of a private encounter are made public in circumstances where, had she lived and the case proceeded as one of rape or sexual assault, she would have been anonymised, and the man receives a derisory sentence on a manslaughter conviction.

We must recognise that violence of this nature is becoming normalised. ComRes undertook a survey last November of a large group of women aged between 18 and 39. Of them, 70% said that they had experienced strangulation during sex, and of that cohort, more than half said that the man had not sought their consent before doing so. They had not wanted it, and some of them gave moving interviews to the BBC in which they said they thought the man was going to kill them.

This landmark legislation offers an opportunity for the Government to show cultural leadership. I hope that it will look to the horizon and build in statutory protections that will keep women in relationships safe for the future.

Domestic Abuse Bill

Laura Farris Excerpts

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

I leave Ministers with this one thought: our response to coronavirus has shown the speed at which we can move if we have to. Would it not be wonderful if that approach was adopted for the Law Commission’s review, and we saw it reporting by the end of this year, instead of next?

[Laura Farris (Newbury) (Con)]

I will confine my remarks to Government new clause 20, which concerns the rough sex defence. Those on the Front Bench should feel proud of the new clause. The first question that any Government have to answer when they bring new legislation before the House is why the legislation is needed. It has been said, “If the common law already says that someone cannot consent to serious injury or death, does Parliament need to legislate?” The answer is emphatically yes, and here is why. R v. Brown, the authority for this issue, which is nearly 30 years old, does not cover consent in all forms of sexual harm. There are other cases—contradictory cases—that can be applied, and we saw that pretty starkly in the case of Natalie Connolly, where R v. Brown was applied, but only in part. When it came to her internal injuries—the ones that were the most savagely inflicted, the most serious and the most proximate cause of death—the court applied a completely different case and concluded that the violence in that context was lawful. That could not happen under new clause 20, because it rules out the possibility of consenting to any serious harm for sexual gratification, and the inconsistency goes.

The second problem with Brown is that it answered one specific question: whether the defence of consent should apply to the infliction of bodily harm in the course of sadomasochistic encounters. I have heard it described as a case about consensual torture. That has always created the risk of conflating violent sex in a domestic abuse context with BDSM, as we saw in Natalie Connolly’s case and those of others. Sadomasochism becomes a prism through which the violence on the night is interpreted, because Brown invites that.

Not only does that traduce the reputation of the victim, but it offends one of the most fundamental principles of justice, that he who asserts must prove. In those serious cases, it was not proven in a way that a member of the public would understand. All we know is that it was violent and it was sexual and that she is dead. New clause 20 reduces the risk of the courts being drawn into such considerations by drawing a line through consent in the first place.

Above all, codifying the defence sends a powerful message about what we as a society say about sexual violence and degrading behaviour in a way that the common law never could. In fact, new clause 20 is not didactic—it does not try to tell people how to live their private lives—but it sends a powerful message to the perpetrator that they will be responsible for all the consequences of their actions, which is a game changer when rape convictions are at an all-time low.

The most affecting feature of the last two weeks has been other countries’ reactions to the Government’s decision. In New Zealand, where they were as appalled by the Grace Millane case as we were, Ireland, Hungary, Germany, France and Canada, people are writing about what the British Government are doing in the context of similar cases that have been before their courts and with reference to Members of their own Parliaments who are working to achieve the same thing. The Ministers involved should feel proud of the leadership that they have shown.

Finally, the most powerful message of new clause 20 is a tacit one about the dignity of the women who have been killed in this way. It is not the perpetrator in the dock who gets to define her, or the judge in his sentencing remarks, but we in Parliament who draw a line in the sand and say, in effect, what the victims and their families never could: that she could not consent to that.

[Catherine West (Hornsey and Wood Green) (Lab)]

It is a delight to have heard the excellent points of the hon. Member for Newbury (Laura Farris). I put on record three fantastic women who have worked in this area in my constituency: Denise Marshall, who was the chief executive of Eaves, the wonderful Mary Mason, who was the chief executive of Solace Women’s Aid, and Harriet Wistrich, who is the director of the Centre for Women’s Justice and who worked hard on the Sally Challen case. That case is not dissimilar to those that the hon. Lady mentioned, although, of course, Sally Challen was acquitted after many years in prison and was subject to some awful coercive behaviour from her partner who she actually killed. My constituent Harriet Wistrich worked hard on that case, which is now a precedent. We need those important test cases to prove how we can improve the law and women’s experience.

I welcome three other elements of the Bill: first, the robust framework for the new domestic abuse commissioner; secondly, the two new civil protection orders, which will strengthen the everyday practice on domestic abuse; and thirdly, the secure lifetime tenancy in England housing authorities. I mention briefly the work of Hearthstone, which is Haringey Council’s excellent housing provision for women facing domestic violence. The fact that it is embedded in the local authority allows much better quality allocations for women who face uncertain housing situations.

The test of the Bill is not just how well written it is or what fantastic speeches we may give tonight, but the quality of the legal aid that women and victims of domestic violence can get day in, day out in our courts. I am sorry to say that legal aid still does not match the desperate need of so many women victims. I hope that the Government will look at the provision of legal aid in future, although not necessarily specifically in this legislation. In terms of the practice and the everyday experience, we need excellent legal representation for those women. I also put on record my support for amendment 35 looking at misogyny as a hate crime, which my hon. Friend the Member for Walthamstow (Stella Creasy) has spoken eloquently about as part of the ratification of the Istanbul convention.

I want to put on record my support for new clause 22 for women who have insecure immigration status and a fear of deportation. Looking through my casework of this month, I had the case of a woman who had no recourse to public funds and was not able to gain access to important financial provisions in that she did not have access to housing benefit and all the other provisions. Fortunately, having written to the Home Office, my caseworker had an amazing success—a huge thank you to my team—but this cannot be down to individual cases on a case-by-case basis such as this; we need a much more holistic look at “no recourse to public funds”.

I was very pleased to hear the Minister announce this evening that there will be a pilot scheme worth £1.5 million, but I fear that pilot schemes peter out, are introduced very late on in the financial year and tend to be very piecemeal. In my view, we desperately need to pass new clause 22 so that we can take in the most vulnerable women, including those with no recourse to public funds, whom we see in our surgeries. We cannot rely on the fact that they may pop into our surgeries and we can write to the Home Office. We need a much more inclusive provision, so hon. Members should please vote for new clause 22.

Domestic Abuse Bill

Laura Farris Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Laura Farris (Newbury) (Con)]

I would also like to pay tribute to the great Cheryl Gillan, an inspirational and supportive colleague whose presence is felt very strongly on this side of the House. The Bill returns to us in different and better shape from how it left us. The amendments do not just add content, but expand the framework through which domestic abuse in all its insidious complexity is understood. It is something that may well outlive the relationship. I have seen through work I have done with a particular constituent of mine that coercive or controlling behaviour can live long after the couple have stopped living under the same roof.

The Bill recognises that the threat of certain forms of abuse can be as pernicious as the act itself. I pay tribute to my hon. Friend the Member for Rushcliffe (Ruth Edwards) for the beautiful way she expressed the shame and humiliation that lies at the heart of revenge porn, which is an offence irrespective of whether the threat is actually carried out. The amendments provide protection against sexual violence that does not depend on any particular relationship status. The measures on revenge porn and non-fatal strangulation and the prohibition on the rough sex defence are all examples of that, and I pay tribute to Baroness Newlove for succeeding where we failed.

The Bill has evolved in part into a very significant body of law on sexual violence. It says to women, “It doesn’t matter if he is your husband or just someone that you met on Tinder. If he tries to choke you, that is a crime. If he tries to silence you by saying that he will share images of you online, that is a crime. If he hurts you, whether through choking or anything else, and says that you were up for it, that will not work; it is a crime.”

This Bill comes at a very important moment in a national conversation we are having. We know such things are happening because of the countless women who have submitted their stories to the campaign group We Can’t Consent To This in the past 18 months, detailing terrifying sexual violence in intimate encounters, and the more than 14,000 young women who have submitted anonymous testimonies on “Everyone’s Invited”, in particular describing the sharing of online images. Then there are the 40% of young women who told the BBC in 2019 that they had experienced unwanted strangulation. What we have heard time and time again is that they just thought it was normal. They did not think that they could report it. For now, these changes meet that challenge and give women a route to justice in respect of these crimes.

I want to speak briefly on judicial training. I start by reminding the House of what the Court of Appeal said about that in an appeal it heard on domestic abuse about a fortnight ago. It said that while domestic abuses are often not “crystal clear”, where there is detailed guidance on judicial training, the number of appeals tends to be smaller.

I would like to talk about judicial training in the context of non-fatal strangulation, which is something I have raised with Lord Wolfson. Subsection (2) of clause 72 says that the offence is initiated by consent. I understand as a matter of law and principle why that is, but we need to be realistic about what the offence looks like. First, we know that it is occurring frequently, and we know that it occupies a sprawling kind of grey area. As the Centre for Women’s Justice put it, there is

“growing pressure on young women to consent to violent, dangerous and demeaning acts”,

such as strangulation, most likely

“due to the widespread availability…and use of extreme pornography.”

Without proper training from the Judicial College, it is easy to see how the defence could be used to lead to an acquittal.

Very often, perhaps always, the victim will have consented to sex in the first place. She may on a previous occasion have consented to strangulation or something like it under duress or a desire to please, and by the time she reports it to the police, she may not have very strong evidence of physical injury. We know from precedent, such as the Samuel Price case in 2015 on very similar facts, that her history will be used against her in evidence and will be relevant. Judicial training is imperative so that a case founded on these facts is not destined to fail.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab) [V]]

I would also like to associate myself with colleagues’ remarks about the sadness of the passing of His Royal Highness the Prince Philip, our dear colleague Dame Cheryl Gillan and of course Baroness Shirley Williams in the other place, and I send my sincere condolences to their families and friends.

I will be supporting the Lords amendments to this important Bill tonight. That we should need a Domestic Abuse Bill is a sad indictment of our society, but the facts speak for themselves. In England and Wales, two women a week will die at the hands of their partner, ex-partner or a family member. Yes, domestic abuse affects men as well, but most abuse is directed at women. Seventy-three years on from the commitment to universal human rights, which declared that

“All human beings are born free and equal in dignity and rights”—

that women are equal to men—our fundamental rights to life are being denied by too many.

This violence against women and girls in a domestic or wider setting has context. For some, girl babies are seen as less important than boy babies, and daughters who are deemed to have shamed their families are punished, sometimes fatally. Too many still see their wives and daughters as chattels, and too many justify rape on how women dress. Our right to an education, to marry whom we wish, to work in whatever job we wish—limited only by our abilities, not by prejudice and discrimination—and to be paid equally for that work still elude us. If we want to stop violence against women, including in the home, we need a cultural change. Society needs to stop paying lip service to women’s rights and to treat women equally in every aspect of life, and this culture change requires leadership.

In addition to the cultural context, if we are going to try to prevent domestic abuse, we also need to recognise its drivers, including socioeconomic conditions. Yesterday, at the Work and Pensions Committee, we heard evidence that, although domestic abuse happens in all walks of life, being under financial pressure is associated with an increased risk of abuse. Poverty cannot be decoupled from abuse; it is both a cause and a consequence.

The lack of provision in the Bill to address wider cultural issues and the socioeconomic context associated with abuse were discussed at a recent Oldham roundtable looking at the impacts of covid on domestic abuse over the last year. In addition to these gaps, I noted with some concern that the detection of abuse at community level did not translate into incidents reported to the police. Reflecting national patterns during the first lockdown in Oldham, the average number of cases at MARAC doubled every fortnight and the numbers of children on child protection plans following domestic abuse concerns increased by 41%, but this was not reflected in the numbers of domestic abuse incidents reported to the police, which has remained fairly static at about 400 a month. This obviously suggests that domestic abuse has been under-reported and that there is an increased problem of hidden abuse, as colleagues have been discussing as we have been going along.

The concerns raised in Oldham about the provisions in the Bill were particularly related to the issues, first, of victims with complex needs; secondly, of victims with no recourse to public funds; and finally, of the practical implementation of the Bill and its funding mechanisms. On victims with complex needs, including disabled people or people with a mental health condition, there were concerns, on top of the shortage of refuge places ordinarily, about the new duty to support a victim in safe accommodation and the availability of appropriately adapted or supported safe accommodation. Basically, there are not enough places. I would also like to support my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) and other colleagues who have been raising the disappointment regarding the Government’s position on abuse of disabled women by their carers and the lack of the support for the Lords amendments on this, which we think is very short-sighted.

I also echo colleagues’ remarks concerning the Lords amendments to address the lack of support for women with no recourse to public funds—predominantly but not exclusively migrant women. Currently, the destitution domestic violence concession scheme is a lengthy and bureaucratic process, leaving these women in limbo, often without access to the support they need, and we need to change that.

On the practicalities of implementing the Bill, there are concerns that the timescales for local authorities will be challenging in the context of an ongoing pandemic, particularly in regard to the requirements to have local strategies in place by August and to spend budget allocations by April 2022. Similarly, there is concern that funding will be skewed towards services around the narrowly defined duty for local authorities, at the expense of other essential support services, and that needs to be addressed. Given the timescales, local authorities will need to commit funding in advance of the strategic framework being ready, and they may not be able to spend the full allocation within this year. I hope that the Minister will also be able to address those remarks in her closing statement.

The Bill is a good move forward, but supporting the Lords amendments could make it even stronger, and I hope colleagues will support it.