Domestic Abuse Bill Debate

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Department: Ministry of Justice
Wednesday 2nd October 2019

(5 years, 1 month ago)

Commons Chamber
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Carolyn Harris Portrait Carolyn Harris
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I will talk about housing later in my speech, as it is an issue that is very important to the Labour party.

This is our golden opportunity as parliamentarians to transform the domestic abuse agenda in this country. We have a duty to survivors, victims and their dependants —and to generations to come—to get this right.

Madeleine Moon Portrait Mrs Madeleine Moon (Bridgend) (Lab)
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I thank my hon. Friend for the amazing work that she has been doing in this field; she is one of our champions for victims of domestic abuse.

One of the things that has always been missing is the relationships education so that young people understand that abusive relationships often do not start with the first slap or the first thump. They can start with criticism, undermining and isolation—with perpetrators moving people away from their support network, and causing them to lack belief in themselves and believe that they have created the violence that is inflicted on them. Do we not need to tackle that problem, as well as addressing the issue when it gets to the point at which people report the crime?

Carolyn Harris Portrait Carolyn Harris
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I could not agree more. This is something that we all see every day when we talk to people who have experienced or witnessed domestic violence. In many cases, it is learned behaviour and we really need to look at that.

As it stands, although there are some welcome and vital changes in the Bill, it is too narrow. There are many areas that are crying out for wider scope. I hope that this can and will be addressed and incorporated through amendments in Committee.

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Baroness May of Maidenhead Portrait Mrs Theresa May (Maidenhead) (Con)
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I am grateful for the opportunity to speak in this debate. I am pleased that my first speech on my return to the Back Benches should be on this topic—a topic on which I have worked both in opposition and in government. It is an issue on which I am pleased to say that the Government of which I was a member, both as Home Secretary and Prime Minister, took forward action, building on work that had been taken by previous Governments—and crucially, of course, a topic that is of such importance and significance to our society. Domestic abuse blights lives; it can destroy lives, and not just the life of the immediate victim but of the children and other family members as well.

I believe that this is a landmark piece of legislation. I am very pleased that we have seen, I think, more than 40 Members of this House wishing to speak in this debate. That shows the degree of seriousness with which the issue is taken by Members across this House. That view is shared across all parties in this House. It is good to hear of the co-operation and collaboration that there has been, and I am sure will continue to be, to make sure that we get this legislation right. But of course passing the legislation is only one step. This is about changing the attitude that people take to domestic abuse. The challenge for Members of this House, the challenge for the Government and the challenge for us all is to make sure that the whole of society takes this issue as seriously as those who wish to contribute to this debate today are taking it.

As I say, I think this is a landmark piece of legislation. This Bill has been described by Government—and, indeed, by charities and others involved in working with the victims of domestic abuse—as a once-in-a-generation opportunity to make sure that we make a step change in the approach we take to supporting victims and to dealing with domestic abuse. I would like to thank my right hon. Friend the Member for Basingstoke (Mrs Miller) for the work that she and all the members of her Committee did in pre-legislative scrutiny. They did that assiduously, with great care and with great commitment. That was a very important part of the process of making sure that we get this legislation right. I would also like to thank the charities and organisations that contributed to that and have continued to push us all on this issue to make sure that we are doing more for the victims and survivors of domestic abuse.

I thank my right hon. and learned Friend the Lord Chancellor and the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who have championed this issue and continue to do so, and have worked so hard to ensure that this legislation comes forward and will be carried forward. It is imperative that this Bill is not lost and that we are able to see it go on to the statute book, because it will affect people’s lives—it will improve people’s lives.

The Lord Chancellor himself referred to the figure of 2 million adults experiencing domestic abuse in the last year for which there are figures. Two thirds of those, of course, were women. Domestic abuse accounts for a third of violent crime and, as we heard earlier, it is estimated to cost our society £66 billion a year. This is not something that simply takes place behind closed doors and that others can ignore; it is something that affects us all. It affects our economy, it affects our society, and it affects our young people as they are growing up. We have heard various comments about experiences that people have had. Reference was made from the Opposition Benches to the issue of young people and their understanding of relationships. I remember as Home Secretary initiating a campaign of advertisements about what a good relationship was. The saddest thing was reading some of the comments that young people, particularly young women, made when they had seen those adverts in cinemas and elsewhere: comments like, “I didn’t know it was wrong for him to hit me.” This is the sadness in our society of so many people who do not know what a good relationship is, who suffer from their bad relationship, and who suffer in silence—too many, as we have heard, suffer in silence for many years before any action is taken.

Madeleine Moon Portrait Mrs Moon
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I thank the right hon. Lady—I am awfully sorry, but I am still tempted to refer to her as the Prime Minister.

When I worked in child protection, I worked with a young mother in a second marriage. She said to me: “We all expect to be hit by our husbands, don’t we? It’s just this one is so violent.” That was absolutely shocking, but not half as shocking as when we were later in court, where we were taking wardship proceedings to protect the children. The husband informed the court that I was lying—there was nothing wrong with their family or their relationship, and I was just prejudiced. The judge asked him: “Are you saying that you have never struck your wife?” After a pause, he said: “Obviously I’ve given her the odd backhander to keep her in line, but no, I’ve never been violent.” That is what we have to combat and deal with, and that is part of what this debate and the Bill must tackle.

Baroness May of Maidenhead Portrait Mrs May
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I absolutely agree with the hon. Lady. That is why I trust that we will pass this legislation. We will pass it in good shape, and it will make a difference, but it is only one step. It is about getting that recognition out there of what is right and what is wrong. It is very simple: it is not right to hit somebody in a relationship. But it is more than that, which I will come on to in a minute—conscious as I am of the number of Members who wish to speak, I will touch on a small number of issues very briefly.

The first issue is one that many people looking at this legislation might feel was insignificant, but it is hugely significant—the inclusion in statute of a definition of domestic abuse. Not that long ago, a number of Government Departments were working to different definitions of domestic violence and abuse. I recall that, as Home Secretary, I tried to ensure that we could at least try to get an agreement among Departments as to what a definition might be. Having it in statute is hugely important, as is having a definition that goes beyond what most people would answer if you asked them what domestic abuse or domestic violence was, which is physical violence, and recognises all the other types of abuse that take place.

It is chilling to sit and hear a woman who has been controlled by her other half for a period of time—often for years—say how it happened slowly, and that it was difficult to recognise when it started. Little by little, however, that control was exercised until that individual’s rights as an individual human being were taken away from them. That is what we are talking about when we talk about domestic abuse, so getting that definition right are incredibly important. As the Lord Chancellor said, I hope that others will use the definition in the Bill. It is referred to as the underpinning of this Bill, but I hope that others will use that definition and recognise it.

The second issue I will touch on was referred to earlier, and that is the courts. I am sure that every Member is aware of cases—indeed, the Lord Chancellor started his speech with a reference to his case 25 years ago—in which a victim of domestic abuse has not felt able to pursue, to give evidence and to go through the steps necessary to see the perpetrator brought to justice. Fear of what will happen in court often drives people, and there is also the fact that the perpetrator might well use and manipulate them to ensure that they do not give evidence in court.

I remember when I was Home Secretary talking about one case in the west midlands. An independent domestic violence advocate was describing how a woman almost did not turn up at court, even though they had done a lot of work for her to turn up. The IDVA had gone to the home to see what the problem was, and it was very simple: the perpetrator had locked the woman in a cupboard, so that she physically could not get to court to give evidence. We have to recognise the problems that victims face.

Another issue, which has been referred to by the president of the family division of the High Court, is the question of cross-examination by perpetrators. That can be an extension—in some cases, deliberately so—of the abuse that the victim has suffered. Having the prohibition of that on the face of the Bill is incredibly important.

I want to touch on the issue of children. For far too long in this country, we thought that if a child was in the room next door when someone was being hit or coerced, that child would not be affected. Nothing could be further from the truth. I think the figure for children who have been in a home where there has been domestic abuse is that they are 50% more likely to endure such abuse in a relationship later in their lives. That is why I said earlier that domestic abuse does not just blight or destroy the life of the victim, but does so for those around the victim too.

This is important. I recognise the pros and cons when looking at the issue, but I do not want us to miss this opportunity to ensure that we properly look after the needs of children in a home where domestic violence is being experienced. I ask the Government to look very seriously at recommendations to do with children, to ensure that we do not pass a Bill into statute only for people to ask, six months down the line, “Why didn’t you?” It is imperative to look at that.

I will touch briefly on two other issues, one of which is the question of perpetrators. This is a hugely difficult topic to talk about. I am sure that we would all prefer not to have the necessity of talking about domestic abuse legislation, because we want to eradicate domestic abuse—we are very far from doing that—but, if we are to get to that point, we have to deal with perpetrators. We talk a lot about supporting victims, and that is absolutely right, but finding a way to ensure that people do not become perpetrators in the first place or, where they are perpetrators, that they cannot continue to perpetrate domestic abuse, is hugely important too. It is difficult. From talking to organisations that work with perpetrators, I know that finding the interventions that will have the best impact is hard.