Liz Twist debates involving the Home Office during the 2019 Parliament

Tue 9th Jun 2020
Domestic Abuse Bill (Third sitting)
Public Bill Committees

Committee stage: 3rd sitting & Committee Debate: 3rd sitting: House of Commons
Tue 9th Jun 2020
Domestic Abuse Bill (Fourth sitting)
Public Bill Committees

Committee stage: 4th sitting & Committee Debate: 4th sitting: House of Commons
Thu 4th Jun 2020
Domestic Abuse Bill (Second sitting)
Public Bill Committees

Committee stage: 2nd sitting & Committee Debate: 2nd sitting: House of Commons
Thu 4th Jun 2020
Thu 4th Jun 2020
Domestic Abuse Bill (First sitting)
Public Bill Committees

Committee Debate: 1st sitting: House of Commons

Domestic Abuse Bill (Third sitting)

Liz Twist Excerpts
Committee stage & Committee Debate: 3rd sitting: House of Commons
Tuesday 9th June 2020

(3 years, 11 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 9 June 2020 - (9 Jun 2020)
Organisations such as Action for Children see the devastating impact of domestic abuse on children and young adults. That often continues into adulthood, resulting in personality and behaviour disorders, depression and suicidal tendencies. It is critical for the long-term health of our country and our people that we recognise the very real impact of domestic abuse in all its forms on all our children.
Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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It is a pleasure to speak in this debate on amendment 50, which would include children in the definition.

My hon. Friend the Member for Birmingham, Yardley set out very fully the framework and the background to the need for this amendment to be made to include children in the statutory definition of the abuse. Why? We speak calmly about children observing—a very calm word here—domestic violence. What that means is that children experience violence—violent behaviour, abusive behaviour, shouting, fear and dread. They are not just observers but victims, affected emotionally and physically by that abuse. They feel the violence and danger. None of us in this room, I think, would disagree with that.

Why should we amend the definition to include children? Because they need to be recognised formally as victims in order to be sure that they can access the support and services that they will really need at the time they need them. Their needs would therefore be addressed specifically when dealing with domestic abuse. That needs to be set out in law, so that they have that beyond any doubt.

On Thursday, in the evidence sessions, we heard about the substantial support for the inclusion children in the definition of domestic abuse. We heard from the domestic abuse commissioner and the Victims’ Commissioner, both of whom gave evidence and believe that it is hugely important to include children.

Last Friday, the Minister kindly met me virtually, along with the children’s charities Action for Children, the NSPCC and the Children’s Society. We specifically discussed including children in the definition. We talked about the age 16 limit, which appears in an earlier subsection. The charities told the Minister that they and the wider sector were agreed in their wish not to change the reference in the Bill to age 16, but rather to support this amendment to include a wider description of children.

Yesterday, I was pleased to see, circulated by the Clerk, evidence submitted by the sector on the age 16 issue—DAB 44—including the people we heard from last Thursday, such as the Women’s Aid Federation and other organisations. No one wants to see children criminalised as a result of relationships between each other, and it is really helpful that yesterday that statement was circulated making the sector’s unequivocal support for the amendment absolutely clear.

I have talked to constituents about this issue, and to some excellent local organisations in the north-east, such as Children North East, which provides support for children affected by domestic abuse. They tell me about the difficulty of ensuring that they have funding and commissioned services for children. They are doing a great job, but there is so much more that we need to do to ensure that children have support when they are victims of domestic abuse.

In the Westminster Hall debate that I was fortunate to secure earlier this year, I spoke about my constituent Christine, who had been a victim of domestic abuse. She has come through that and now wants to change things. She talked to me about the need for children to be properly supported.

Christine’s daughter, who is now an adult, is still dealing with the trauma of the domestic abuse suffered by Christine and living in the home where that took place. Her daughter contacted me after the Westminster Hall debate—she sent a very nice card—to say how much she appreciated the fact that finally people were taking notice of the needs of children and recognising them as victims in their own right. She was so pleased that there might be a glimmer of hope that things might improve for children.

Again, why should this be in the definition rather than the guidance? Inevitably, people looking at what service they need to provide, especially in times of financial constraint, will ask, “What does the law require us to do?”. That is why it is important to have the amendment in the Bill. It will mean that statutory authorities must address the needs of those children. Statutory guidance is not enough and in any case, as we know, it is not yet ready. I support the amendment and hope that the Government feel able to accept it.

Nickie Aiken Portrait Nickie Aiken
- Hansard - - - Excerpts

I am delighted to hear that the Minister is certainly in listening mode. Having heard from the hon. Member for Blaydon that the Minister met with children’s charities on Friday, it is clear that she is in listening mode.

I would like to make the point that there is a lack in the role that local authorities should be playing under the Children Act, which I mentioned earlier. I led a council and was the children’s services lead at a time— 2010 onwards—when it got quite difficult. We were innovative and put children first. That was responded to by Ofsted, which awarded Westminster City Council the outstanding grade in children’s services. Again, last year, that was repeated—the first time any local authority had received an improved Ofsted outstanding grade. That was a brilliant example of how social workers and children’s services experts put the child at the forefront of all that they do.

Domestic abuse runs through so much, as we have heard today. Having launched the first ever domestic abuse strategy for Westminster back in 2012, I know that we put children at the heart of that.

--- Later in debate ---
Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

At the risk of turning into a sketch from “The Two Ronnies”, I am told that we will be consulting Welsh Ministers on the precise point raised by the right hon. Member for Dwyfor Meirionnydd, so I am grateful for that.

In relation to the intervention from the hon. Member for Hove, it is not a question of conflict. I was trying to explain the journey of the Government’s drafting of the definition. I do not wish anyone to think that children have been forgotten or ignored in the course of drafting the Bill. I hope that the references to children that we have scattered through the Bill—clause 66 is a good example—show our thinking on that.

Liz Twist Portrait Liz Twist
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The Minister has referred to some of the people who have commented on the early draft of the statutory guidance. Does she not agree that in their written and verbal evidence, most of them asserted a preference for the definition to include children?

Domestic Abuse Bill (Fourth sitting)

Liz Twist Excerpts
Committee stage & Committee Debate: 4th sitting: House of Commons
Tuesday 9th June 2020

(3 years, 11 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 9 June 2020 - (9 Jun 2020)
The reality is that, in the functions the Home Office executes, I have seen practice that could definitely be called into question and reviewed by the commissioner. That does not necessarily involve the Ministers in front of me, but the reality is that there has been some bad practice. I worry about how that will work.
Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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Does my hon. Friend agree that the issue at the heart of these clauses, and this clause in particular, is the commissioner’s independence and freedom to act? We heard evidence last week that that is a concern and that it would be helpful to have assurances from the Minister that the domestic abuse commissioner can in fact act independently and without fear of ministerial over-involvement, shall we say?

Jess Phillips Portrait Jess Phillips
- Hansard - - - Excerpts

Absolutely. For us, for the commissioner, given her own evidence, and for the sector—for everybody —independence is the single most important thing we wish to see in this role. That is not unreasonable, as my hon. Friend pointed out. Where there is contention—I do not think there is any perception of any contention whatever in the current appointment—it can be used to undermine any report that that person had written. Let us imagine that one of these bodies had to look into a political party and that political party was found wanting. It would be easy for politics to then play the game where we say, “Well, they’re just your pals. You’re giving jobs to the boys.” That undermines the fundamentals of what these bodies are doing. Independence in every part of the commissioner’s function is vital. It is to protect their work so there is absolutely no conflict of interest with the Victims’ Commissioner, the Children’s Commissioner and the domestic abuse commissioner.

My hon. Friend the Member for Blaydon makes an important point, and perhaps the Minister can answer this: who gets to decide if the commissioner should be sacked and should no longer be the commissioner? What grounds would they have to appeal that on? We all sit here with a weird employment status, in that we have no employment status. The people who employ me are the good people of Birmingham, Yardley, but they do not ever turn up to my 360-degree appraisals. No one is giving me the appraisal.

Let us say, for example, that there has to be an investigation by the commissioner into a report of practices by the Home Office regarding victims of domestic abuse, whether through its own policy on the matter or through other, adjoining policies, such as counter-terrorism or immigration. How can we make sure that the commissioner does not get sacked? If the Home Secretary were a Labour Home Secretary—I think this is a tool. With the recent stories, the Home Office has not necessarily been covering itself—

Domestic Abuse Bill (Second sitting)

Liz Twist Excerpts
Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 4th June 2020

(3 years, 11 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 June 2020 - (4 Jun 2020)
Julie Marson Portrait Julie Marson (Hertford and Stortford) (Con)
- Hansard - - - Excerpts

Q As a former magistrate in domestic abuse courts, I have seen women suffer in court and have more trauma imposed on them. How do you feel about the new measures to prevent cross-examination in family courts and to ensure that we can get special measures? How important do you think they are?

Lucy Hadley: At Women’s Aid, we think they are absolutely essential measures, and we are so pleased that the ban on cross-examination is finally being brought forward in the Bill. For survivors who are being re-victimised and re-traumatised in the family courts, it is so important that the ban be in place. I think you heard earlier that we would like it to be strengthened and to apply to all cases where domestic abuse is alleged, not just where there is an evidence test for it. Unfortunately, many women who experience domestic abuse will never tell anyone about the abuse, so having a form of evidence is a challenge.

We would like the Bill to go much further on the family courts, and to deliver a safe family court system for survivors and their children. One of the experts by experience in the project I mentioned earlier told us that the family courts were “horrific, traumatic, psychological warfare”, and that the proceedings replicated the abuse of her relationship. That is what we hear time and again.

The family court estate can feel very unsafe for survivors. Sixty-one per cent. of survivors we surveyed in 2018 had no access to special protection measures at all in court. Those are really basic things like screens, separate entrances and exits, and waiting rooms, which are vital to keep them safe from the perpetrator while they go through family proceedings.

We would like to see the guarantee of special protection measures in the Bill extended from the criminal courts to the family and civil courts, because it is vital that women experience consistency across the different jurisdictions. Many women will never go to the criminal courts, but they will use the family courts, and it is important that they get the same treatment.

Finally, we would like a systemic change in the approach to safe child contact with a perpetrator of domestic abuse. There are really serious issues about the understanding of domestic abuse and coercive control by the family judiciary and professionals in the child contact system. Despite robust judicial guidance in the area—practice direction 12J—we continue to see a very strong presumption that parental involvement in a child’s life is in that child’s best interests, regardless, seemingly, sometimes, of any safeguarding concerns about domestic abuse. We would like to see an end to that assumption of contact in domestic abuse cases, with a focus on child contact arrangements that are always safe and in a child’s best interests.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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Q We were talking about children and the definition. It seems that both organisations accept that children can be victims, as well as observers. Is that correct?

Andrea Simon: Yes.

Liz Twist Portrait Liz Twist
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Q But the concern is about criminalisation. Will you tell us a little more about that, and are there ways to work around it?

Andrea Simon: Is this for under-16s?

Liz Twist Portrait Liz Twist
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Yes.

Andrea Simon: I think it is probably unhelpful, as I said, to look at criminalising under-16s in terms of the offence of domestic abuse. There are dynamics for young people who are in relationships that are very concerning and worrying, and they need to be tackled, but we are keen that we do not conflate different types of abuse. There are very specific ways of dealing with child sexual exploitation and child abuse, and to conflate that with domestic abuse would be problematic. That is why it is important to recognise, acknowledge and deal with that, and it is certainly important to deal with and tackle attitudes and behaviours among young people in relationships, but it doesn’t necessarily need to sit within this frame.

Lucy Hadley: I agree. We are talking about the impact of living in a household where adults, predominantly, are perpetrating domestic abuse, and the impact that has on a child. Absolutely, there are lots of—sadly, far too many—cases where children and young people experience domestic abuse in their own relationships, but as Andrea said, that requires a strategy, focus, attention and resources, and ways to tackle healthy relationships and to recognise what is not healthy and what is potentially coercive and controlling behaviour. Hopefully, this sex and relationships education that is to become statutory for schools will go a long way to help with that, but the risk of the law conflating child abuse and domestic abuse, and criminalising children who are perpetrating unhealthy behaviours between themselves, is concerning.

Liz Twist Portrait Liz Twist
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Q There are a number of issues here, are there not? One is the issue of under-16 relationships, and clearly that is a real concern, but there is also the issue of how we best protect children who live in a household where there is domestic abuse. They might not only observe that, but feel the direct impact of it. How can we best protect those children, their rights and their access to services?

Lucy Hadley: We absolutely support making clear in the definition that children are impacted by domestic abuse, and that they are survivors in their own right. The amendment tabled today would do that, in addition to statutory guidance that explains the types of impact that domestic abuse has on children, and why just witnessing domestic abuse is not what we mean here; it is about living in an environment of fear and control that has really devastating impacts on children’s wellbeing and development. Clarity in the law and clear guidance would really help.

Andrea Simon: We must be clear as well that children are not just one grouping. There are children in migrant families who are very much failed by the inability of a parent with no recourse to public funds to access the kinds of support and assistance that they need. Children in those families face a number of impacts, such as enhanced child poverty and not being accommodated safely because of their parent’s inability to access safe accommodation.

Where there are language barriers, there are cases where children in migrant families act as translators for their parents. To have to describe to the authorities the abuse that one of your parents has faced is extremely traumatic. That is the context for some migrant children in abusive households.

Peter Gibson Portrait Peter Gibson (Darlington) (Con)
- Hansard - - - Excerpts

Q Could you outline for us the role that the domestic abuse commissioner will have in helping the court service to understand domestic abuse?

Lucy Hadley: I think the domestic abuse commissioner’s appointment is really helpful right across the public sector. She has duties, and public bodies are required to respond to her recommendations in a range of different areas, from criminal justice to health, as are other Government Departments. That is really important.

However, we need to recognise that the domestic abuse commissioner’s remit is focused on driving up standards, improving practice and ensuring that we have consistent responses to survivors across the public sector. I absolutely think that the commissioner would be able to map special measures, for example, in court systems, or map different practices in different parts of the public sector. However, without the robust legal framework that the Bill could deliver for ensuring equal access and equal provision of measures such as those for special protection, or to ensure that migrant women with no recourse to public funds can routinely and consistently access support, it will be difficult for the commissioner to hold accountable the bodies that they need to. We need the law to be really clear on consistent access to protection and support for survivors; the domestic abuse commissioner can then hold public bodies accountable for that

Andrea Simon: The domestic abuse commissioner has said that having a cross-government framework is really important. We have had the VAWG strategy for some 10 years—a cross-departmental strategy focused on tackling and ending violence against women and girls. The responses of every part of Government need to be co-ordinated. That is very important for the domestic abuse commissioner’s work.

--- Later in debate ---
Alex Chalk Portrait Alex Chalk
- Hansard - - - Excerpts

Q The reason I ask is that we want, of course, to make sure that this critical resource is doing what we expect. We hear evidence from you and we take it at face value, but do you agree that the commissioner can play a role in adding to public confidence that that public money is having the impact that we all wish it to have?

Ellie Butt: Absolutely. I am sure that she can and, at the same time, draw attention to what is not being done and where gaps are. You will have heard already that domestic abuse services are largely run on a shoestring. I would say this, but I think Refuge does brilliant work and lots of the organisations in the sector do brilliant work, but there is absolutely room for that to be scrutinised, for improvements to be made where they need to be made, and for gaps to be filled where they are not funded and there is unmet need.

Liz Twist Portrait Liz Twist
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Q Ellie, can I ask you about children? On Second Reading, a number of MPs talked about their concerns about how children would benefit from the changes in the Bill. Could you tell us where you think it could be improved for children?

Ellie Butt: We support the argument that children need to be in the definition of domestic abuse. Children are victims in their own right; they are never just witnesses. There are some small improvements being made in understanding that, but it needs to go much further.

One thing that struck me when I first started working for Refuge and has never stopped is that on any given day, half the people in our refuges—we provide around 48 refuges—will be children, yet we receive little to no funding to do work and support them directly; we fundraise for that. That is not right. These are hugely vulnerable children who have experienced the trauma of growing up in a house with one parent who is abusive. We need to do so much more for children, including providing specialist services for them.

Liz Twist Portrait Liz Twist
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Q A concern has been raised that if children are not included in the definition, there is a chance that there will be less provision of community-based as well as accommodation-based services. Is that a concern that you share?

Ellie Butt: Yes, it is. We would definitely support them being in the definition. The definition is going to be really important as a driver of awareness and understanding. If they are not in there, that will have an impact. It is going to be used and quoted in training and strategy development and when people are making funding decisions about services in their area. It is really important that if we have a statutory definition, it needs to be comprehensive and include the impact on children as well.

Liz Twist Portrait Liz Twist
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Q Thank you. Can I ask both Suzanne and Ellie what changes you would seek to make to welfare provision, in order to ensure that victims and their children are able to escape violence and oppression? Suzanne, could you start?

Suzanne Jacob: Apologies, but I want to just go back briefly to the previous question, because I did not get the chance to come in. The question was about whether we welcome the Bill overall and think that the current content is okay.

We hugely welcome the fact that there is a Bill. We have always supported it and we will continue to support it. What I would say is that when survivors have looked at the current content of the Bill, their patience and enthusiasm is not quite there anymore, and there is a great deal that we could do about that. What I would not prioritise is having a Bill; what I would prioritise is having the right Bill. Given that we have, for lots of very good reasons, had to wait quite a long time for the Bill to make its way through, I think we can afford to take a little bit more time to make sure that some of the things we have been talking about and other people have been talking about in their evidence are properly addressed, and not just pushed aside in the need to get the Bill on to the statute book.

In particular, in terms of what is currently in the Bill, as I mentioned before, the statutory duty is a very concerning part of the Bill as it is currently drafted. I know that it has very good intentions behind it—I do not doubt that for a second—but it falls into that big, gaping hole between Government Departments and responsibilities, because what we have got is something that speaks only to the very tiny minority of domestic abuse victims who use accommodation-based services and absolutely excludes everybody else.

Having heard the Prime Minister talk eloquently at the hidden harms summit a couple of weeks ago about the role of independent domestic violence advisers, lauding them and saying just what valuable work they do for tens of thousands of people a year up and down the country, it seems very odd that the Bill contains a statutory duty that purposely excludes IDVAs.

I turn to the question about children. SafeLives has grappled with the idea of whether the definition is inclusive enough of children and whether the age limit should be changed. We very much support the Barnardo’s amendment, which suggests that rather than nudging at the age limit—with all the complexities that that brings, as Andrea and Lucy talked about a moment ago—we are in favour of children being recognised as victims in their own right and removing those age barriers. Somebody who is in an abusive situation, whether they are aged five, 13, 24 or 54, is a victim of domestic abuse.

Regarding welfare provision, split payments are something that everyone across the whole sector is crying out for. Surviving Economic Abuse has called for them as something that would make a difference, and it seems to most of us to be common sense.

Liz Twist Portrait Liz Twist
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Q Ellie, did you want to comment on the welfare issue?

Ellie Butt: Yes. It is a huge issue for women in our services. As I said, it is really good that economic abuse will be in the new definition, but we need to do more to try and prevent that abuse and support survivors. Suzanne has already mentioned the single household payment structure, which makes it very easy to control the entire household income. That can act as a real barrier to leaving, because women simply cannot access any of the money that they need to leave.

The other problem is the minimum five-week wait when you apply for universal credit. Lots of women who come into Refuge apply at that point, because that is when their circumstances change, or that is when they apply for welfare benefits for the first time. Then they have that minimum five-week wait, and for many of them it is much longer; because of economic abuse, they might not have been allowed to have a bank account, or they might have fled without their ID documents. It is a really long period of time in which they are largely reliant on food banks and other forms of charitable provision.

Advances are available, but they are loans; they are not grants. They have to be repaid immediately, and they are quite significant deductions. It would be hugely welcome if, in this Bill, the Committee decided to make those advances grants rather than loans. That would hugely help women who are at the point of fleeing an abusive person, as they would not have to make the choice between safety and the real, acute financial hardship that I do not think anyone in this room would think is right.

None Portrait The Chair
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Thank you. We only have a couple of minutes, so we will have a quick question from Liz Saville Roberts.

Domestic Abuse Bill (First sitting)

Liz Twist Excerpts
Virginia Crosbie Portrait Virginia Crosbie
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Q How do you see your role working with the Welsh Government advisers and the other commissioners—the Victims’ Commissioner and the Children’s Commissioner?

Nicole Jacobs: Again, if anything, covid has accelerated my picture of how I would do that. I speak to the Children’s Commissioner often, and to the Victims’ Commissioner several times a week. I speak to the Welsh national advisers usually once a week, but possibly once every two weeks. We have pretty close working relationships because there is such a lot of join-up about, in recent weeks, the response to covid, but, in general, the breadth of whatever is being implemented or thought about or should be happening. They are pretty close working relationships, and I will develop a memorandum of understanding with all those offices in due course.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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Q I have a few short questions. What is your view on the inclusion of children in the Bill’s definition? Is that desirable?

Nicole Jacobs: Yes, because children are victims of domestic abuse in their own right, so that would seem an obvious thing to want to do.

Liz Twist Portrait Liz Twist
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Q There is a suggestion that that issue would be covered in the guidance. Have you seen the final guidance?

Nicole Jacobs: I have not. I have seen draft guidance. I think it should obviously be in the statutory guidance as well, but there is a strong case that we would want to recognise in the Bill that children are victims of domestic abuse.

Liz Twist Portrait Liz Twist
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Q Finally, on the issue of community-based services, do you think that authorities and organisations will see looking after children in community services as a lesser responsibility if it is not in the definition?

Nicole Jacobs: Yes, I think they would understand that they have a statutory duty on one hand and not on the other. There is already a pattern and practice that is very evident—there is not the commissioning of a whole breadth of services, particularly for children. I do not know why we would think that would improve if we do not make it clear. I think there would be a detrimental effect; I would be afraid of that.

None Portrait The Chair
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I will now call Alex Davies-Jones. She is about to make history, because I do not think we have ever had a Member speak from the Public Gallery before. I hope it is okay under these unusual circumstances. I ask the witness not to turn to face the Member, but to speak into the microphone, and if possible to frame your answer so that we can understand the question as well.

Domestic Abuse Bill (First sitting)

Liz Twist Excerpts
Committee Debate: 1st sitting: House of Commons
Thursday 4th June 2020

(3 years, 11 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 June 2020 - (4 Jun 2020)
Virginia Crosbie Portrait Virginia Crosbie
- Hansard - - - Excerpts

Q How do you see your role working with the Welsh Government advisers and the other commissioners—the Victims’ Commissioner and the Children’s Commissioner?

Nicole Jacobs: Again, if anything, covid has accelerated my picture of how I would do that. I speak to the Children’s Commissioner often, and to the Victims’ Commissioner several times a week. I speak to the Welsh national advisers usually once a week, but possibly once every two weeks. We have pretty close working relationships because there is such a lot of join-up about, in recent weeks, the response to covid, but, in general, the breadth of whatever is being implemented or thought about or should be happening. They are pretty close working relationships, and I will develop a memorandum of understanding with all those offices in due course.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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Q I have a few short questions. What is your view on the inclusion of children in the Bill’s definition? Is that desirable?

Nicole Jacobs: Yes, because children are victims of domestic abuse in their own right, so that would seem an obvious thing to want to do.

Liz Twist Portrait Liz Twist
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Q There is a suggestion that that issue would be covered in the guidance. Have you seen the final guidance?

Nicole Jacobs: I have not. I have seen draft guidance. I think it should obviously be in the statutory guidance as well, but there is a strong case that we would want to recognise in the Bill that children are victims of domestic abuse.

Liz Twist Portrait Liz Twist
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Q Finally, on the issue of community-based services, do you think that authorities and organisations will see looking after children in community services as a lesser responsibility if it is not in the definition?

Nicole Jacobs: Yes, I think they would understand that they have a statutory duty on one hand and not on the other. There is already a pattern and practice that is very evident—there is not the commissioning of a whole breadth of services, particularly for children. I do not know why we would think that would improve if we do not make it clear. I think there would be a detrimental effect; I would be afraid of that.

None Portrait The Chair
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I will now call Alex Davies-Jones. She is about to make history, because I do not think we have ever had a Member speak from the Public Gallery before. I hope it is okay under these unusual circumstances. I ask the witness not to turn to face the Member, but to speak into the microphone, and if possible to frame your answer so that we can understand the question as well.

Children and Domestic Abuse

Liz Twist Excerpts
Tuesday 3rd March 2020

(4 years, 2 months ago)

Westminster Hall
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Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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I beg to move,

That this House has considered children and domestic abuse.

It is a pleasure to have you in the Chair, Mr Hollobone, for a very timely debate. The Leader of the House and relevant Ministers—including the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), who I am pleased will be responding to this important debate—committed to introducing the Domestic Abuse Bill at the earliest opportunity. I was pleased to see the Bill return to the House earlier today, and I congratulate the Minister on staying true to that commitment. I look forward to hearing her detail the Government’s plans to support children affected by domestic abuse.

I want to continue on that positive note, because the Domestic Abuse Bill is a once-in-a-generation chance to deliver real change in how we respond to domestic abuse. When the Bill was introduced in the last parliamentary session, there was much to be welcomed—not least the introduction of a definition of domestic abuse, which will help guide our response. It is commendable that the definition specifically identified the coercive control elements of abuse, which we know are all too common. There were also improvements to the Bill on the advice of the Joint Select Committee that undertook prelegislative scrutiny, including clarifications on the independence of the new domestic abuse commissioner to ensure that they can carry out their role as effectively as possible. It is also positive that the commissioner will be expected to encourage good practice in identifying children affected by domestic abuse, and I was pleased to see Nicole Jacobs appointed as the commissioner designate; she brings a breadth of experience in this area.

The Domestic Abuse Bill is a prime example of legislation that, if done well, stands a real chance of securing widespread support from hon. Members of all parties, and from outside the House. I am sure that every hon. Member present wants to ensure that we get it right, but the Bill is not perfect. The crux of my concerns is that the Bill fails to grasp the opportunity to truly take account of the needs of children affected by domestic abuse, which is why we are having this debate. It is an issue that was brought close to home by my constituent Christine, who is a survivor of domestic abuse. Christine came to see me about her experiences and about her concern that the needs of children are not properly taken into account when considering the impact of domestic abuse.

Bambos Charalambous Portrait Bambos Charalambous (Enfield, Southgate) (Lab)
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My hon. Friend is making an excellent speech and I congratulate her on securing this important debate. Does she agree that children who see, overhear or experience domestic abuse are sometimes at risk of copying that abuse and the behaviour of the person who survives it? Does she agree that there is greater need for specialist support for children who experience such abuse, and that the Government should take it seriously and try to fund that support?

Liz Twist Portrait Liz Twist
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It is absolutely right—it is the crux of my argument—that we need to ensure that specialist and appropriate services are available for all children going through that experience.

My constituent Christine believes strongly that the effect of domestic abuse on children needs much more attention, so that they, too, can be helped to survive and thrive with the right emotional support. She told me that years after her leaving that abusive relationship, her daughter, who is now over 18, is still dealing with the damage caused by experiencing the abuse that her mother suffered. Christine is an amazing, strong woman and I am glad to be able to raise this issue for her.

I sincerely hope the Minister takes on board the points that come from the debate. I also hope she will work with organisations from across the children’s sector and the violence against women and girls sector, which have informed today’s proceedings, to ensure that the Bill addresses the needs of children and young people affected by domestic abuse.

Jessica Morden Portrait Jessica Morden (Newport East) (Lab)
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There is also the issue of abusive relationships between under-16s. Does my hon. Friend agree that we need the Government to look at that as well, and to consider recommendations so that we can help and better support children, particularly girls, who find themselves in those circumstances?

Liz Twist Portrait Liz Twist
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I certainly do. I know it has been raised by some of the groups working on this issue, and it is important that we take that into account.

Worryingly, the evidence tells us that up to one in five children and young people are exposed to domestic abuse during their childhood. On average, 37 children’s social care assessments that identify domestic violence as a feature of a child’s life are undertaken each day in the north-east alone. However, they will not be seen as victims. Analysis indicates that over 800,000 children in England live in households that report domestic abuse, yet there are still shortcomings in the family courts that deal with domestic abuse cases, with a perpetrator of domestic abuse seen as a violent criminal in the criminal courts but as a “good enough” parent in the family courts.

Although we know that the consequences of such childhood experiences can be devastating and result in emotional, social, psychological and behavioural difficulties, there is significant variability around the country in the level of support available to children. In two thirds of local authorities taking part in a recent study by Action for Children, children face barriers to accessing support. In over 10% of such areas, no support services were available to children at all. Those are just some of the issues that the Bill must deal with if it is to live up to expectations and become the landmark piece of legislation that we all want it to be. I would welcome hearing how the Minister envisages the Bill supporting children affected by domestic abuse.

I want to highlight two key areas in the time I have left. I know that hon. Members will pick up a multitude of other concerns directly, from migrant children and their families through to the operation of the family courts, but time will not allow me to address them all. My first concern is about the definition of domestic abuse. Although it is welcome, the statutory definition will not, as it stands, include children, relegating them instead to the statutory guidance. That is problematic on a number of fronts, not least because the guidance is yet to be published.

First and foremost, it worries me greatly that overlooking children in the definition of domestic abuse fails to recognise the serious impact that seeing, hearing or being otherwise exposed to domestic abuse perpetrated by one adult against another can have on children. In short, they will be considered witnesses to domestic abuse, rather than being recognised as victims themselves. Given that we know about the seriousness of the impact that this can have on children, such an approach is untenable.

Secondly, the Government have made it clear that frontline practitioners and public authorities, including the police and social services, are to adopt the Bill’s definition in their day-to-day duties. However, I share the concerns of organisations across the children’s sector that, if children are not included, it could affect how they are treated by the professionals coming into contact with their families. I therefore urge the Minister to consider broadening the Bill’s definition of domestic abuse to include children.

My second key concern is about the provision of support services for children. I have already mentioned that domestic abuse can result in long-lasting impacts on a child’s health, development, ability to learn and wellbeing. That is on top of increased risks of criminal behaviour and interpersonal difficulties in future intimate relationships and friendships. Analysis of the millennium cohort study shows that children whose parents reported experiencing domestic violence when children were aged three reported 30% higher than average antisocial behaviours at age 14, a finding that should be seen in the context of the trauma suffered by children who are affected by domestic abuse. With the right support, however, children can thrive in even the most difficult circumstances.

It is very concerning that the percentage of domestic abuse services providing dedicated support to children and young people fell from 62% in 2010 to just 52% in 2017. More alarming still, research from Action for Children suggests that that support is patchy at best, with significant variability in what is available for young people depending on where they are in the country. A fundamental part of the problem is the lack of clear requirements for delivering support services specifically for children who are impacted by domestic abuse. As a result, insufficient funding is allocated to providing a sustainable future for those vital projects.

Although the Ministry of Housing, Communities and Local Government’s recent consultation on a statutory duty for accommodation-based services is welcome, clarity is needed on the all-important community-based services that support so many children and families, especially as they deal with many of the issues that accommodation-based services face. I recognise that that matter is not part of the Minister’s brief, but I hope that she will both offer reassurances that the Government are looking at it and outline how non-accommodation-based support services will be provided and funded under the new statutory duty.

I am glad to lead this debate on the day that the Domestic Abuse Bill is introduced and very much hope that the Government will work to strengthen the Bill for children. I thank my constituent Christine, who so powerfully brought the issue to my attention.

--- Later in debate ---
Liz Twist Portrait Liz Twist
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I thank all hon. Members who took part by speaking or intervening in the debate. There is much shared concern from everyone who raised an issue. The hon. Member for Strangford (Jim Shannon) referred to children as the forgotten victims of domestic abuse. The purpose of the debate is to ensure that they are not forgotten but properly cared for.

My hon. Friend the Member for Birmingham, Yardley (Jess Phillips) talked about the support that is available. If there is patchy support in Birmingham, she said, how is it in Blaydon? We see very mixed provision across the country and it is important that we get that right. She also talked about access by perpetrators of domestic abuse to children and about the Home Office pilots. We all think these services need secure funding, not funding based on a bidding process and who writes the best paper. My hon. Friend the Member for Edmonton (Kate Osamor) explained clearly the issues faced by migrant women and those with no recourse to public funds.

In the minute and a half left to me, I want to recapitulate some of the asks. We talked about revising the definition to include children, and I heard the Minister’s statement and explanation about how she had grappled with the definition. I say to her: please grapple some more, because this is a really important issue. Many organisations representing the interests of children are supportive of that move. The other big ask was to ensure that support services, whether accommodation-based or community-based, are available to all children so that they get what they need. This is not just a failure of financing; it is a failure to look after the most vulnerable children who face difficult situations. I ask her to look at that.

The Minister asked us to look at the guidelines and to provide feedback, and I have no doubt that many people and organisations will do that. I thank her for her comments and ask her to look again at those key asks to look after children.

Question put and agreed to.

Resolved,

That this House has considered children and domestic abuse.

Retail Workers: Protection

Liz Twist Excerpts
Tuesday 11th February 2020

(4 years, 2 months ago)

Westminster Hall
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Mike Amesbury Portrait Mike Amesbury
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I certainly will. In my short time in Parliament—two and a half years and two general elections—I have had the pleasure of meeting representatives of the British Retail Consortium.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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In my constituency, 24% of jobs are in retail, either at the massive Metrocentre or in small shops. Clearly, my constituents—including Co-op staff Dan, Calum, Kate and Caroline, who wrote to me—are really worried about this issue. My hon. Friend noted that the call for evidence ended on 28 June last year. Is it not about time we had some action, rather than just gathering more evidence?

Mike Amesbury Portrait Mike Amesbury
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Action is the key word—definitely. Some quick maths tells us that, in the 228 days since the call for evidence, 91,200 more workers have been assaulted. Will the Minister be clear and tell us when we will get the Government’s response? The Government claim that they are keen to apply tougher sentencing to criminal offences. There are plenty of upcoming opportunities to create the tougher, clearer sentences that retail workers, as well as the British Retail Consortium and the Co-op Group, are asking for. A serious violence Bill and an employment Bill were announced in the Queen’s Speech. As I mentioned, my hon. Friend the Member for Nottingham North (Alex Norris) introduced a Bill on this issue less than two years ago.

A Bill to protect retail workers by creating a new statutory offence of assaulting or abusing them has received cross-party support in Scotland. Does the Minister agree that English and Welsh retail workers are just as deserving of protection as their Scottish counterparts? If he does, will he commit to including measures in an upcoming Bill to protect people doing their jobs? I am sure there would be plenty of cross-party support for that. Additionally, will he ensure that he attends meetings of the national retail crime steering group, a vehicle he has cited as an opportunity for people to provide feedback, as a matter of course? Finally, will he assure us that he will take steps with his Department to prioritise this issue by including it in the strategic policing requirement?

We are in a unique situation: from the shop floor to senior executives, those working in the retail industry tell us with one voice that retail workers who interact with customers are being put in harm’s way. We need greater cultural change, and an end to the attitude among some that people who serve us in shops are fair game. They are spat on, racially and sexually abused, kicked and punched. They are threatened with knives, guns and dirty needles. Nobody should be treated in that way—especially not in their workplace. Those who would do retail workers harm need to hear a clear message that that is not acceptable, and that we value retail workers and the retail industry. I call on the Government to act.

Oral Answers to Questions

Liz Twist Excerpts
Monday 10th February 2020

(4 years, 2 months ago)

Commons Chamber
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The Secretary of State was asked—
Liz Twist Portrait Liz Twist (Blaydon) (Lab)
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1. What plans she has to maintain the legal route to family reunion for refugees and asylum seekers in the EU with family in the UK after the transition period.

Priti Patel Portrait The Secretary of State for the Home Department (Priti Patel)
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The UK has a long and proud tradition of offering protection to vulnerable people who are fleeing war and persecution, and this Government take the welfare of vulnerable children extremely seriously. We support the principle of family unity wholeheartedly.

Liz Twist Portrait Liz Twist
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If the Government are as committed as Ministers have repeatedly said they are to maintaining children’s ability to join family members in the UK, then rather than waiting for the outcome of negotiations, will the Home Office not get on the front foot and make some much-needed changes to domestic legislation? The changes could be made tomorrow and provide certainty for the many hundreds of families who can currently be reunited through the Dublin regulation.

Priti Patel Portrait Priti Patel
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The hon. Lady will be more than aware of the work that we do to provide safe and legal routes for family reunion, and for vulnerable persons and children. She has heard me say that we are fully committed to supporting the most vulnerable children and the principle of family reunion. It is a fact that we are about to negotiate with the European Union. I set out the Government’s position clearly in communications and correspondence with the European Commission at the end of last year, and that is the route we will be pursuing.