Domestic Abuse Bill

Lord Rosser Excerpts

Wednesday 21st April 2021 Lords Chamber

[Lord Paddick (LD)]

My Lords, I start by joining other noble Lords in paying tribute to my noble friend Lady Hamwee, who has been a passionate campaigner on these issues. I was going to say that she had stepped down from the Front Bench, but she has stepped up to bigger and better things in the House, and I personally will miss her greatly.

Lords Amendment 41 would have provided a route for victims of domestic abuse who are subject to immigration control to be given the opportunity to apply for leave to remain—not given leave to remain but given the opportunity to apply—by allowing them to stay in the UK pending the outcome of their application and to be supported financially during this time. Many of these victims are reliant on their abusive partner for support, making escape from domestic abuse almost impossible. Initially, the Government said the reason they objected was that they thought people might falsely claim to be victims of domestic abuse in order to seek leave to remain in the UK. Again, we have to ask: what is more important, protecting vulnerable victims of domestic abuse or immigration control? The Commons reason is simply

“Because the Amendment would involve a charge on public funds”.


The right reverend Prelate the Bishop of Gloucester has presented an alternative amendment, a very modest amendment, that seeks to address all the concerns the Government have previously expressed. There is a £1.5 million 12-month pilot supporting such victims of domestic abuse, and the amendment simply ensures that, during the pilot period, victims are not turned down because of a lack of funds. It then sets a timetable for the introduction of a permanent solution once the results of the pilot have been evaluated. The amendment comprehensively sets out the evidence necessary to show that someone is a genuine victim of domestic abuse. This alternative amendment is the very least the Government should do for these particularly vulnerable victims of domestic abuse, and we would support the right reverend Prelate were she to divide the House.

Lords Amendment 43 would have ensured that all victims of domestic abuse received equal protection and support irrespective of their status, including their immigration status. The Commons reason for disagreeing was that it would

“involve a charge on public funds”.

Indeed it might—but it would also have been a significant step towards the UK finally being able to ratify the Istanbul convention. The noble Baroness, Lady Helic, has proposed an alternative amendment that would at least ensure that local authorities consider the needs of all victims, including migrant women, when they make strategic decisions about tackling domestic abuse. This cannot be the landmark Bill the Government intend it to be unless it puts the final pieces into place to enable the UK to ratify the Istanbul convention. I recall an expression my mother was fond of: “Don’t spoil the ship for a ha’porth of tar.”

I was hoping that this Bill could be, like the Modern Slavery Act, a magnificent piece of legislation of which all sides of the House could be justifiably proud. We have already vastly improved the Bill in this House; it would be a shame if we now left it less than watertight.

[Lord Rosser (Lab) [V]]

As we have heard, Lords Amendments 41 and 43 were both disagreed by the Commons because they would involve a charge on public funds. The Commons did not offer any further reason. The right reverend Prelate the Bishop of Gloucester and the noble Baroness, Lady Helic, have now tabled Amendments F1 and F2. The amendment from the noble Baroness, Lady Helic, provides that local authorities “must have regard” to Article 4(3) of the Istanbul convention when they are preparing their strategy for accommodation-based services under the Bill. Article 4(3) of the convention provides that protection for victims must be secured without discrimination based on any ground such as race, religion or migrant status. We support the aim of this amendment, which also serves to remind the Government of their commitment to ratify the vital Istanbul convention, for which they have not yet set a timeframe. Perhaps we will hear something definite on this point in the Government’s response to this amendment.