Victims and Prisoners Bill

Lord Bishop of Bristol Excerpts

Committee stage
Monday 5th February 2024 Lords Chamber

When aiming to balance the legitimate functions of the state to capture core data about its citizens and the relevant privacy rights of individuals, we must be mindful that, for the criminal justice system, the aim is to produce accurate, relevant and reliable data on offending to support the analysis of patterns of offending, pathways into offending and risk of offending in order that this analysis is of relevance and utility to service development and management. Accurate, relevant and reliable data on offending is a legitimate public interest, and I hope the amendment succeeds.

[The Lord Bishop of Bristol]

My Lords, I rise to speak on behalf of two of my colleagues who have supported amendments in this group. My right reverend friend the Bishop of Gloucester regrets that she cannot be in her place to add her voice in support of Amendment 80, which concerns a cause on which she has long been an advocate. She tabled an amendment to the Domestic Abuse Bill, with cross-party support in 2021. Advocates have campaigned for 30 years to improve conditions for migrant women who have no recourse to public funds and who are victims of domestic abuse. While there has been some progress, including the introduction of the domestic violence indefinite leave to remain rule and the destitution domestic violence concession, there is still much more to be done to make sure that victims of domestic abuse with no recourse to public funds, or who are undocumented, are eligible for those schemes. Victims face an impossible choice: domestic abuse or deportation and destitution. Many are unable even to enter a women’s refuge; they cannot pay their rent or living costs as they are not eligible for housing or other social security benefits.

As we have heard, not much has changed since my right reverend friend raised these issues in 2021. The Government have extended the support for migrant victims pilot scheme, so it can be concluded that the support it offers is valued. Why not then grant a long-term solution? The pilot offers a victim financial assistance for 12 weeks towards rent and subsistence to enable them to leave an abuser and to begin the process of regularisation of their immigration status. More support for longer is needed, as those delivering the pilot scheme are finding that they are providing advocacy and counselling support pro bono as the pilot funding is insufficient. Victims of domestic abuse with no recourse to public funds deserve to be treated with dignity and respect, and offered the support they need to leave their abuser. Alongside my right reverend friend the Bishop of Gloucester, I support Amendment 80.

I also support Amendment 107, alongside the right reverend Prelate the Bishop of London, who has added her name and sends her apologies because she cannot be present today. This amendment seeks to ensure that the data of a victim of crime is not shared between statutory agencies and immigration enforcement for any immigration control purposes without their consent. The amendment covers victims of serious crimes including domestic abuse, sexual violence and modern slavery. There is much evidence that shows that migrant victims of crime cannot report a crime to the police and other statutory agencies due to the fear of facing immigration control. This is even more pertinent for women who have experienced abuse or exploitation, as the threat of detention or removal is used by their abuser to prevent them coming forward. The Latin American Women’s Right’s Service and the Step Up Migrant Women campaign found that 62% of migrant women had experienced such a threat from their abusers.

The findings of the first super-complaint investigation by three independent police watchdogs concluded that data sharing arrangements harmed the public interest as crimes are unreported,

“victims are denied justice, while offenders go unpunished and remain a threat to the public”.

In the immigration enforcement migrant victims protocol that the Government have proposed, the conflict of interest at its heart remains. Asserting that data sharing with immigration enforcement is essential for victims’ protection misses the years of evidence and campaigning on this issue. It does not address the fear of data sharing that prevents victims of crime coming forward. We have a responsibility to victims and cannot prioritise immigration enforcement over safe reporting pathways. The barriers that migrant women particularly face in reporting crimes put them at risk and protect the perpetrators. I support Amendment 107.

[Lord German (LD)]

My Lords, I rise to add my support to those remarks from the right reverend Prelate. I have added my name to Amendment 80, and I wish to say a quick word about the Istanbul convention and about the firewall, which, as we have just heard, is an issue.

If you want to understand why Amendment 80 has been tabled, you need to get out a calendar and track what has happened in the last three years. There have been huge inconsistencies between the Government’s approach and the wording of their priority policies. Initially, they responded to the needs of those with no recourse to public funds—largely, migrants seeking refuge —by saying that they would introduce the support for migrant victims scheme, with two platforms of funding. I will not bore the Committee with the names of those funds, but the Government wished to pilot the scheme. As we have heard, it has now been extended. In fact, the pilot has now been going on longer than if you were to sail around the world in a boat twice over. It has been a hugely long pilot and there has been extensive evaluation of it, so a scheme has clearly been put in place.

However, then the domestic abuse commissioner made a study of the scheme and recommended implementing flexible support for all migrant victims regardless of their status. The Government responded in 2022 by saying that they were not considering a routine pathway between public services and the domestic abuse sector because they felt the regulations already in place were sufficient. In those regulations that they think sufficient, you find that the support for migrant victims—SMV—scheme they put in place is applicable only to those of certain status seeking refuge or to live in this country. Certain groups are excluded. The Government’s response was basically: “We have what we’ve got. We won’t do anything more”. However, they did not say so in their response to the domestic abuse commissioner; there they simply said that they already could, but you can clearly see from the government regulations that they cannot.

Last year, we had the Illegal Migration Act. A whole host of people—I hope the Minister can tell us how many—who entered this country since it was enacted suddenly have no status, because they are not eligible for anything. We do not even ask them any questions. I do not believe that the Government know nothing about these people. They must know something, but we do not know what it is. We know neither the exact numbers of people who have arrived nor anything about them, because we do not ask them what they are here for. We simply warehouse them before some scheme to remove them from the country—although nowhere near the numbers of people who arrived—takes place. There is a cohort of people who do not have the status currently required for the support for migrant victims scheme. We do not know who they are because the Government do not ask them, but we know that there are substantial numbers of people in that cohort who are suffering or have suffered from domestic abuse.

This is where the problem gets complex. In their evaluation of the Government’s scheme, the London School of Economics and the Oxford Migration Observatory found that the extension of the scheme would produce major cost savings for the Government in the longer term. It estimated that there are potentially 32,000 victims with no recourse to public funds who are likely to report domestic abuse to an authority in each year and that only 7,700 of these victims are likely to access a refuge or accommodation for a short period. It recommended the extension of the model to benefit all the people in that cohort and to do so until their circumstances could be put right.

The government-funded evaluation of the scheme said that it needs to be expanded to include all those without recourse to public funds. There is also a view that more money needs to go into that scheme to provide enough money to give people a route out of the problems they face, which anyone who has contributed to this Bill will know about.