Sibling Sexual Abuse

Maria Miller Excerpts

Tuesday 22nd March 2022 Westminster Hall

[Mrs Maria Miller (in the Chair)]

I will call Wera Hobhouse to move the motion and then I will call the Minister to respond. There will not be an opportunity for the Member in charge to wind up, as is the convention for a 30-minute debate.

[Wera Hobhouse (Bath) (LD)]

I beg to move,

That this House has considered the matter of tackling sibling sexual abuse.

It is a pleasure to speak under your chairmanship, Mrs Miller. This is a hugely difficult and harrowing subject. I begin by thanking all those who have worked on the sibling sexual abuse project: Rape Crisis England and Wales; the University of Birmingham; the University of the West of England, Bristol; West Mercia Rape and Sexual Abuse Support Centre, and Somerset and Avon Rape and Sexual Abuse Support. I also recognise the fantastic work of Fleur Strong, Dr Peter Yates and Tanith McCulloch, two of whom are here today.

The relationship between siblings is one of the most important we will ever form in our lives. There are many different forms of sibling relationship: biological, step, half, adoptive and social. In all those contexts, siblings share an enduring bond. When that relationship goes wrong and one sibling sexually abuses another, it can have devastating, lifelong consequences.

There is no universally accepted definition of sibling sexual abuse. That lack of consistency and clarity contributes to the challenges in identifying this form of abuse. A 2020 definition states:

“Sibling sexual abuse consists of sexual acts initiated by one sibling towards another without the other’s consent, by use of force or coercion, or where there is a power differential between the siblings.”

It occurs when both children are under 18; it can be between brother and sister, sister and brother, brother and brother, or sister and sister. We must distinguish sibling sexual abuse from other forms of child sexual abuse. We are not talking about adult abusers, nor should we conflate sibling sexual abuse with peer-on-peer abuse or child sexual exploitation, which occur outside the home.

It is also critical that we do not view sibling sexual abuse through an adult gender violence lens. The reasons that children sexually harm siblings are complex and different from those associated with adult violence. In many cases, the child who harms is a victim and has experienced neglect, witnessed domestic abuse or experienced some form of childhood trauma. We cannot judge children’s harmful sexualised behaviour without first understanding the context of the family situation they are living in, and we cannot assume that someone will become an adult sex offender because of their behaviour as a child.

I will refer to sibling sexual abuse, siblings who have harmed, and siblings who have been harmed, which are the terms recommended by experts. This is a type of abuse that affects thousands of children, adults and families. Its impact on the entire family is not only devastating but lifelong. As one survivor said:

“It is not just the abuse. It’s the family ramifications, too, that can last for years and tear survivors away from the family.”

Sibling sexual abuse has been described as a hand grenade going off in the family. One adult who was harmed as a child said:

“I have been fumbling around in the dark for so many years trying to understand myself, my reactions, relationship difficulties. Feeling the way I do about myself—totally inferior with nothing to offer anyone. Worthless, in other words.”

As chair of the all-party parliamentary group for the prevention of childhood trauma, I am well aware of the lifelong consequences facing these children. Childhood trauma is at the root of many mental illnesses and other lifelong impacts on achievement, employment and quality of relationships. If it is unrecognised, children will take their trauma into adulthood and, through their traumatised behaviour, pass it on to their children. Those who experience childhood trauma are twice as likely to develop depression and three times as likely to develop anxiety disorders. The child who has harmed often has to deal with the dichotomy of their actions as a child and who they are now as an adult.

In cases of sibling sexual abuse, multiple layers of educational, societal, economic and health impacts affect the whole family. Sibling sexual abuse is unlike other forms of child sexual abuse. The child who has been harmed and the child who has harmed are not only both children, but children of the same family. One affected parent said:

“We are the parents of a much-loved adult who was sexually abused by his older brother as a child. The abuser, also our much-loved child, committed suicide last year, following investigations by Social Services as to whether he constituted a risk to his own young son. No evidence was found. The revelation of the abuse has caused our family to fall apart.”

Parents are often faced with the “double dilemma” of trying to support both of the children involved, dealing with school, social services, children’s services and police investigations, as well as unaffected siblings, friends and extended family. Some parents never accept that abuse has or is still taking place. Many families instinctively close ranks, never sharing what has happened with anyone outside the family.

Research by Rape Crisis England and Wales suggests that parents would be more likely to come forward if they knew that their harming child would not be criminalised. Domestic abuse in the home is a significant factor in families where sibling sexual abuse takes place, suggesting that children are reflecting behaviour that they have witnessed. The situation is complex and requires a family response. One child has been harmed by another; that in itself is difficult to come to terms with, but both children need support.

We have known about the risk to children from sibling sexual abuse for years. In fact, it has been confirmed by Home Office-funded research. From 2020 to 2022, Rape Crisis England and Wales has worked in partnership with two universities and rape crisis centres on a groundbreaking project to support victims and survivors of recent and historical sibling sexual abuse. The project is the largest Government-funded project on sibling sexual abuse in the UK to date. It is funded by the Home Office and the Ministry of Justice, and it is the first England and Wales-wide project on the subject.

Research shows that sibling sexual abuse is the most common form of child sexual abuse in our homes. Estimates suggest that a child is three to five times more likely to be abused by their sibling under the age of 18 than by a parent or adult living in their home environment. The Minister will appreciate the difference between prevalence and reported incidence. However, the sibling sexual abuse project has, for the first time, put together a national picture of reported incidence in England and Wales. Using freedom of information data provided by 20 police forces, the project identified over 10,000 recorded incidents of intrafamilial sexual offences and assaults where the victim was under 18 between 2017 and 2020. Of those, nearly 2,500—24%—were recorded as a sibling relationship. Nearly a quarter of incidents of intrafamilial sexual offences reported to the police are sibling sexual abuse, yet there is systemic silence.

Local and national safeguarding policies and strategies do not name, measure or prioritise sibling sexual abuse. No targets are set; no data is gathered. The Home Office’s 2021 tackling child sexual abuse strategy, which it describes as its

“whole-system response to all forms of child sexual abuse,”

does not even acknowledge the existence of sibling sexual abuse. This is the thing that we really need to talk about today—the need for an acknowledgement of the existence of sibling sexual abuse in our strategies.

It is almost unbelievable that an entire strategy on child sexual abuse not only fails to recognise the primary type of child sexual abuse in our homes, but fails even to acknowledge its existence. Worse still, the Home Office’s systemic blind spot is cascading down and compromising other national and local safeguarding policies and strategies. Of the more than 80 child safeguarding boards that published annual reports in 2021, zero mentioned sibling sexual abuse. According to a survey of 700 frontline professionals conducted by the national project on sibling sexual abuse, sibling sexual abuse is significantly less recognised within general society than child abuse where the perpetrator is an adult.

There is ongoing stigma around sibling sexual abuse. That is not surprising: it goes against our very concept of childhood. It completely challenges societal and professional thinking on child sexual abuse. In some cases, sibling sexual abuse survivors have stated that they do not recognise themselves as survivors of child sexual abuse, because of the way that society, the Government and sexual violence organisations communicate what child sexual abuse is. Even worse, they do not seek help. Rape Crisis England and Wales has heard of professionals minimising the abuse because they do not know how to respond, exaggerating the abuse in order to gain access to children and young people’s statutory services, or catastrophising the abuse. All three reactions are detrimental to children, young people and their families.

How can we make things better? How can we help to safeguard thousands of young children and properly support survivors to seek help? I hope that the Minister will agree that the first step is to acknowledge sibling sexual abuse. She might respond by saying that the Government’s child sexual abuse approach already includes sibling sexual abuse, because it is a form of child sexual abuse. Unfortunately, that is not the case. That is not what survivors think, it is not what rape crisis centres think, and it is not what 700 professionals think.

The Home Office’s own documents focus only on adult abusers in the home, despite the Home Office’s own evidence stating that something is wrong. Things must change. The only thing that will make things better for thousands of families is acknowledgement that sibling sexual abuse exists. This is about language. It is about five simple words that must be included in every document aimed at tackling child sexual abuse: “brother”, “sister” and “sibling sexual abuse”. Will the Minister commit to updating the Home Office’s 2021 tackling child sexual abuse strategy to name and appropriately respond to sibling sexual abuse as the most common form of child sexual abuse in our homes? That is in line with research funded by the Home Office itself, so I hope that she will offer me her reassurances.

Criminal justice is not the answer to tackling sibling sexual abuse; we need health and education to work together and take a trauma-informed approach. We must reassure families that they are not dealing with this alone and properly equip professionals so that they can offer the support that is needed. That will mean proper, age-appropriate sex and relationship education in schools, something for which we Liberal Democrats have been asking for a long time. It is important for children to understand that sometimes harm can come from children, so that they come forward when it happens and they understand that it is wrong.

Will the Minister also speak to her colleagues in the Department for Education and the Department of Health and Social Care to ask them to update their safeguarding and commissioning approaches to children, in order to respond properly to intrafamilial abuse and, specifically, sibling sexual abuse? Until now, this issue simply has not been addressed properly. Children are being let down by the status quo. If the Home Office will not believe its own paid-for evidence, who and what will it believe?

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[Wera Hobhouse]

We all need to work on this together, and I am very pleased to hear about the work the Home Office is doing, but may I challenge the Minister again on what she has said about the Home Office’s 2021 report on tackling child sexual abuse? Sibling sexual abuse is only referenced in that report once, at the end, and is only referenced in relation to research, not as abuse that must be actioned as the most common form of child sexual abuse in the home. Can I ask again whether the Minister will commit to ensuring that, when the report is updated, sibling sexual abuse will be highlighted as the most common form of child sexual abuse and something that should be prioritised immediately?

[Mrs Maria Miller (in the Chair)]

Order. Before the Minister responds, let me clarify that, as a result of the delay caused by the votes, this session will finish at about eight or nine minutes past 6, so that I can put the Question before 10 past.

[Rachel Maclean]

Thank you for your guidance, Mrs Miller. I thank the hon. Lady for her intervention and her remarks, and I am keen to work constructively with her in the spirit in which she has approached this subject. We both agree that this is a vitally important topic, so I am very happy to have a further meeting with her at which we can discuss these vital issues and try to identify where we need to do more. We start from the premise that there is more the Home Office and all our partners need to do on this issue.

The hon. Lady is right to highlight the prevalence of sibling sexual abuse. The reason I am responding as I am is that, although she is right to say that sibling sexual abuse has distinct features, there are also themes in common. It is important that we consider safeguarding of children, but we recognise that there are multiple presentations of these horrifying and disgusting crimes. I will work with the hon. Lady to arrange a meeting at which we can have a deep dive into this work. I thank her for everything she is doing, because I recognise that she is championing victims in a very important way.

I will briefly reference the Online Safety Bill, in responding to the hon. Member for Strangford (Jim Shannon). The Bill was published last week and will, for the first time, place a duty on tech companies to proactively do more to keep children safe online. That is why we continue to fund the Internet Watch Foundation to deliver public awareness and education campaigns around self-generated indecent imagery.

Let me turn to the issue of support for children and victims and survivors of sibling sexual abuse. The hon. Lady has recognised the many barriers that make it extremely difficult for children to talk about what is happening to them in that family situation. Some may not be aware that what is happening is abuse. Sometimes it starts very young, and if that is all the victim knows, it is incredibly hard for them to tell their story. We must be clear that children and young people will always be supported in telling their story. We have heard from victims and survivors who have come forward with horrific experiences—no one can listen to those stories without feeling affected and wanting to help—so it is crucial that specialist support is provided to help victims and survivors to process the devastating impacts of the abuse they have suffered and to move forward with their lives. That is why we are increasing investment in specialised victim and survivor support services throughout the country, including specialist support for victims of sibling sexual abuse.

I have already referred to it, but it is worth reminding the House that we have provided significant funding for Rape Crisis England and Wales to run a new and groundbreaking project to support victims and survivors of recent and historic sibling sexual abuse. This two-year project is the largest Government-funded project on sibling sexual abuse to date across England and Wales, and it is generating some extremely interesting findings that we will continue to review, from the Home Office side and with the hon. Lady. That funding has supported the delivery of a national toolkit developed to support victims and survivors of sibling sexual abuse, a national training framework to support non-recent victims of sibling sexual abuse, and academic research to strengthen our understanding of this form of abuse.

We will not shy away from this often stigmatised and sensitive issue. We are determined to work across Government with victims and survivors to ensure that they get the support they need to rebuild their lives. I again thank all Members of the House who have contributed to this important debate. I also thank the families, the victims and survivors, and their loved ones, who have come forward to attend this debate and also helped us in our work in Government to formulate the right policy response to them. I assure colleagues that we are firmly focused on protecting children from all forms of sexual exploitation and abuse, including sibling sexual abuse. The Government’s message is clear: we will confront these crimes wherever and whenever they occur, and we will use every lever available to us to keep children safe.

Question put and agreed to.

Metropolitan Police: Misogyny and Sexual Harassment

Maria Miller Excerpts

Tuesday 8th March 2022 Westminster Hall

[Mrs Maria Miller (Basingstoke) (Con)]

It is a great pleasure to serve under your chairmanship, Mrs Cummins, and to take part in this debate, which is the first debate in the House of Commons on International Women’s Day. I pay tribute to the hon. Member for Richmond Park (Sarah Olney) for securing such an important and relevant debate on this day, about an issue that touches the hearts of many of our constituents and of every single Member of Parliament—if it does not, it should.

It is International Women’s Day, Mrs Cummins, so I hope you can forgive me for referring to some of the policewomen in my own constituency. In Hampshire, we are blessed with a wide range of talented police officers who are women, who play an enormous part in tackling the issue that the hon. Member for Richmond Park has brought before us today. They include Olivia Pinkney, who is now chief constable; Karen McManus, who is another very senior officer; Maggie Blyth, who we were fortunate to have in Hampshire and who I believe is now at the Met; and the astonishingly energetic Donna Jones, who is our police and crime commissioner. In Hampshire we are fortunate to have some formidable women helping to lead on these issues, along with a lot of female Members of Parliament. That is important, as I will come to later, because diversity in the police force is crucial.

As the hon. Member for Richmond Park said, we are 12 months on from the murder of Sarah Everard, but over that time we have seen a series of enormously worrying and public allegations of systemic misogyny in the Met police area, and not only in relation to the murder of Sarah Everard. I echo the hon. Lady’s comment that the police officers involved in such behaviour and thinking are in the minority, but even so they erode public trust, which is crucial to UK policing. That is why she is right to bring this debate before the House today, and it is right that the Government are taking the matter so seriously.

This is not just about the murder of Sarah Everard, but the policing of the vigil on Clapham common. I echo the hon. Lady’s comments; to me, that policing felt heavy handed. People were there out of frustration and devastation at such a horrific murder, and they wanted to be able to express that publicly. The Met police did not seem to get their response right, and that was worrying. There have also been the murders of Nicole Smallman, Bibaa Henry and Sabina Nessa, and, most recently, the IOPC report into the behaviour of officers at Charing Cross police station. One of those elements might have been an aberration, but the series of them shows that there is a systemic problem. I was pleased to see the Government recognise that in establishing the inquiry. We should not forget the reports of more than 600 allegations of sexual misconduct by Met police officers. That systemic problem seems to run deep.

In trying to ensure we understand how we can re-establish trust in the police, the Government’s response has been important. The Home Secretary is right to commission a report into the failings of policing in the Met, but the Government’s response has to go wider than that if we are to tackle the problem at its root cause. I was pleased to see the relaunch of the violence against women and girls strategy in the summer. That will have an impact on the way in which violence against women and girls is dealt with throughout Government policy. I hope that my hon. Friend the Minister, in responding to this debate, can update the House on how she will ensure that the VAWG strategy really does directly tackle the issues that the hon. Member for Richmond Park has brought up in the debate. If we cannot have faith and trust in enforcement of the law as it stands, the issues that we face here as legislators are all the greater.

I hope that the Minister, when she responds to the debate, can also cover where we are on trying to deal with some of the root causes of the problem that necessitates this debate. I am thinking particularly of the roll-out of mandatory relationships and sex education in our schools. That has been woefully delayed as a result of many issues, including the need to ensure that schools are ready, but also the delays caused by the pandemic. If we are truly to tackle the horrific issues and behaviour under discussion and the normalisation of misogynistic behaviour, we have to get sex and relationships education ingrained in our schools and ingrained in the teaching of every single school-age child.

I hope that the Minister can also address a couple of other issues, because if we are to be able to tackle the issues that have been outlined in the Met, we have to tackle the issues for police forces UK-wide. I have no reason not to believe—in fact, there is a great deal of evidence, including in my own local police force in Hampshire, to suggest—that misogyny is prevalent. Tribunal cases are regularly brought against officers. Indeed, sexual misconduct and the abusing of power are also prevalent, not only in the Met police but on a much wider level.

I therefore hope that the Minister can touch on what is being done in police forces throughout the country to address this cultural problem, which perhaps reflects society more widely; how this issue is being addressed, given the once-in-a-lifetime opportunity that we have with the recruitment of 20,000 new officers into our police forces in the UK; how we are ensuring that the diversity of those officers can drive the change that hon. Members here today are looking for; and the fact that, through disciplinary proceedings—I have to say that my local newspaper, the Basingstoke Gazette, has been formidable in its pursuance of transparency in disciplinary proceedings—we are ensuring that there is nowhere to hide for the perpetrators of misogynistic behaviour in any of our police forces around the country. Transparency matters, because sunlight is the greatest form of disinfectant. We have to ensure that, if that minority of officers do transgress, they know not only that disciplinary proceedings will be undertaken but that they will be held to account publicly as members of a public service.

--- Later in debate ---

[Nadia Whittome (Nottingham East) (Lab)]

It is a pleasure to serve under your chairship, Mrs Cummins.

I thank the hon. Member for Richmond Park (Sarah Olney) for securing this important debate, in particular on International Women’s Day. It might seem odd at first for a Nottingham MP to be speaking in a debate about a police force in another city, but the Metropolitan police’s power and impact go much further than just London. In fact, the Met’s actions have been incredibly damaging to women in my city.

In 2003, an undercover Met officer, Mark Kennedy, was sent to spy on climate activists in Nottingham. He posed as a fellow activist at the Sumac Centre in my constituency, where he deceived one woman, Kate Wilson, into a relationship that lasted almost two years. He went on to deceive other women into sexual relationships until he was exposed by activists in 2010. He was far from alone: more than 20 undercover Met officers are known to have had sexual relationships, some with the knowledge of more senior police officers. At least three fathered children with women they had met undercover. After a 10-year legal battle brought courageously by Kate Wilson, the courts ruled that the Met’s failure to prevent undercover officers entering into sexual relationships amounted to sex discrimination and breached human rights.

Such misogyny is not confined to undercover policing. In 2013, 10 years later, my constituent, Dr Koshika Duff, was arrested for trying to give legal advice to a 15-year-old who was being stop and searched. She was violently strip-searched, while police made derogatory and misogynistic comments about her. They have since been forced to apologise and to pay financial compensation, but it is not yet known whether the officers will face disciplinary action.

I have spoken here about just two examples connected to my constituency, but countless more could be raised. A total of 594 complaints against Met employees for sexual misconduct were made between 2012 and 2018. A recent IOPC report found a shocking culture of misogyny among police officers at Charing Cross station. Again, that is not confined only to the Met. Sue Fish, the former chief constable of Nottinghamshire, agreed that

“it’s not just the odd deviant…what was expressed in those messages in Charing Cross could be in any police station.”

Indeed, the IOPC concluded:

“We believe these incidents are not isolated or simply the behaviour of a few ‘bad apples’.”

[Mrs Miller]

The hon. Lady is making a powerful speech. Does she agree that the procedure within the police, including the Met police, of using anonymity to cover up the identity of people at the end of employment tribunals has to be stopped?

[Nadia Whittome]

I thank the right hon. Lady for her intervention. I wholly agree with her.

We must never forget that it was a serving Metropolitan police officer who kidnapped, raped and murdered Sarah Everard almost exactly a year ago. It was his fellow Met police officers who used appalling, disproportionate force against women who were gathering on Clapham Common to mourn her death. There were appalling acts of institutional misogyny in the case of Bibaa Henry and Nicole Smallman, and there have been many others. For over a year, I have been calling for an independent statutory inquiry into misogyny in the Met police. I hope the Minister will commit to that today.

We should be limiting the powers of the police, not handing them ever wider ones to be used at their discretion, as the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 has done and as the Police, Crime, Sentencing and Courts Bill proposes. We need to limit the power to stop and search, particularly the ability to strip-search, which is invasive and humiliating and puts women in a vulnerable position.

We must ensure that women who are at particularly high risk of abuse and exploitation by police officers or others are not needlessly criminalised, such as those with addiction issues and those who are homeless or undocumented migrants. Where there are other services that might more appropriately support vulnerable people of all genders, such as victims of domestic and sexual violence or those experiencing mental ill health, those services should be used instead of, or alongside, the police. None of those measures is foolproof, but they aim to reduce the opportunity for police officers to abuse their power and, as the debate has clearly shown, they are badly needed.

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[Rachel Maclean]

That is a very important point and the work will look at that. A lot of work is also taking place on the Online Safety Bill on the wider issues of anonymity which are used against women and girls. The hon. Lady is right to point to that.

My right hon. Friend the Member for Basingstoke mentioned transparency and disciplinary processes. She is right to highlight that because it is another essential element. That is why this Government introduced the system whereby those disciplinary hearings are now public—a new initiative in 2015—and why the police barred list is searchable by the public. My hon. Friend the Policing Minister wrote to chiefs and hearing chairs recently to remind them that hearings should be held in public where possible.

[Mrs Miller]

I thank my hon. Friend the Minister for giving way and for the excellent speech she is giving. In the case I raised, it was made unclear that the name of the officer who had been subject to a tribunal could be used publicly; indeed, it took my local newspaper going to court to get the matter clarified. That cannot be right. Why the confusion?

[Rachel Maclean]

I thank my right hon. Friend for pressing me on that matter. Again, I will just add to my comments that where possible we expect those hearings to be held in public. And let the message go out from this Chamber that we expect transparency from the police in dealing with these issues.

We all hold it to our hearts that it is unacceptable that women and girls continue to face fear, violence and abuse. Crimes such as domestic abuse, rape, stalking and so-called honour-based abuse and harassment are far too common. That is why we published our Tackling Violence Against Women and Girls strategy last July—to drive a step change in our response.

Regarding the work we are doing, a number of structures, led by the Home Secretary and a number of Ministers across Government, are involved in driving the work of those structures. We have discussed that work on multiple occasions with Members who are here today and with others, and I think we will discuss it again this afternoon.

In the time that I have left, I will just highlight some of the work we are doing, because this is a landmark moment and we have stepped up to act in response to it. We appointed Maggie Blyth immediately to ensure there is co-ordinated action nationally across the police forces, and we amended the Police, Crime, Sentencing and Courts Bill to make it clear that the serious violence duty can include domestic abuse and sexual offences.

Last week we launched Enough., a national communications campaign. It is a multi-million-pound and multi-year campaign in response to the calls of campaigners—both in Parliament and outside Parliament, on the front line—to say that we have to tackle this issue at source and that we have to make it clear that it is not okay; we have had enough of being harassed on the streets. We want to take the onus away from it being on the woman or girl to call harassment out and stop it from happening in the first place. That is why we are driving this campaign and investing significant amounts of cash in it. Many Members were at the launch event for Enough. and they welcomed the campaign. It has also been widely applauded by campaigners across the country.

We have spent significant amounts of money on various schemes, investing in measures to keep women safe at night in the night-time economy, on public transport and in public spaces—issues we have discussed many times in Westminster Hall. We have also awarded significant funding to police and crime commissioners across the country for programmes to tackle perpetrators of domestic abuse and stalking.

The major point that I will take a moment to reflect on—again, this was called for by many Opposition MPs and campaigners—is that we put violence against women and girls on a par with national threats to the country, such as homicide, serious organised crime, terrorism and child sex abuse. That is why we made the announcement just last week that we will add violence against women and girls to the strategic policing requirement. That sends a clear and unequivocal message that these crimes must be a priority for forces and must be taken seriously, and that the full effort and resources of the police—indeed, the whole criminal justice system—must respond in an appropriate fashion.

There is a lot more that we are doing in this space.

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[Rachel Maclean]

Of course, my hon. Friend the Member for South West Hertfordshire (Mr Mohindra) is still here. I know that all our male colleagues support this, and so do our partners, husbands, sons, brothers and fathers. We are all united in the fight.

I want to spend a couple of moments to talk about education, which is vital and was referred to by my right hon. Friend the Member for Basingstoke. From September 2020, relationships, sex and health education became statutory in schools. In primary schools, age-appropriate relationships education involves supporting children to learn about what healthy relationships are and their importance. It is important that we talk to our young people and children sensitively and carefully about the fraught issues of consent, in a world where they are all navigating the online space.

The Government are doing huge amounts of work through the draft Online Safety Bill to provide wider protections that will help our young people to use the internet safely and protect children from all sorts of violent threat, but such education has to start in our schools. That is why I work closely with my colleague at the Department for Education, the Minister for School Standards, my hon. Friend the Member for Worcester (Mr Walker), to ensure that that education is rolled out.

To update colleagues about what issues are covered, young children will be learning factual knowledge on sex, sexual health, sexuality, contraception, sexually transmitted infections, developing intimate relationships and resisting pressure to have sex. We want young people to learn what a positive healthy relationship looks like and how to keep themselves safe in a variety of situations. We will be teaching and talking to children, in a sensitive and age-appropriate way, about what consent is and is not; the definition and recognition of rape, sexual assault and harassment; and the concepts of abuse, grooming, coercion and domestic abuse, in all its forms. We all know that one of the problems with domestic abuse is the difficultly that victims and survivors have in recognising what they are going through, especially when it comes to economic abuse and issues of coercive and controlling behaviour.

[Mrs Miller]

The Minister is being generous with her time. There was some resistance when the Government put forward relationship education for five-year-olds. Does she agree with me that the events we have been debating today, and many other forms of misogyny and sexual harassment, underline how right the Government were to ensure that relationship education starts immediately when children start school at the age of five?

[Rachel Maclean]

I completely agree. Parents and families have a vital role, but not every five-year-old is fortunate enough to grow up in a family with caring parents. As the Minister at the Home Office responsible for safeguarding, I have seen some appalling, shocking and heartbreaking cases of what can happen to our youngest children unless we take sensitive and age-appropriate steps to help and support them to grow up in a safe way.

Yesterday afternoon, I met victims of violence and domestic abuse at a wonderful reception organised by Women’s Aid. Some inspirational people stood up and talked about how they had not recognised that what they were going through was domestic abuse. One of them was Mel B, one of the Spice Girls. She said she could go on stage at Wembley Stadium in front of hundreds of thousands of people and sing, dance and perform, yet she found it much harder to talk about her own abuse. Sometimes it hits home when people see the impact of domestic abuse on someone who lives in the glare of celebrity. We must never forget the work that is being done on such issues and the work that we are all doing together to help victims of domestic abuse.

I thank all hon. Members here, and I especially thank the hon. Member for Richmond Park for securing the debate. I am grateful for the opportunity to underscore just how seriously we take these issues and to outline all the work we are doing, remembering, as always, that there is more to do.

It is important to remember that there are thousands of men and women who wear the police uniform with pride and professionalism, helping us all on a daily basis. I think we have all made that clear in our remarks. Serving as a police officer is an honour, but when that honour is abused, the ramifications are significant and far-reaching. Public confidence is fundamental to our model of policing by consent. That is why it is incumbent on the Met, and policing as a whole, to root out and eliminate behaviour that risks undermining public confidence and trust.

Oral Answers to Questions

Maria Miller Excerpts

Monday 12th July 2021 Commons Chamber

[Priti Patel]

The hon. Lady is absolutely right. First and foremost, there should be no aspect of anybody ignoring these cases whatsoever, particularly from a policing perspective. She has rightly highlighted, I am afraid, some incredibly tragic and harrowing cases. Those of us who have sat down with family members of those who have been involved in these cases know that they are absolutely awful at every single level, so it is right that there are various investigations. There are independent investigations taking place into the cases that the hon. Lady has raised directly, and rightly so, by the Independent Office for Police Conduct, but there is no place for anybody to hide and that applies equally to the police. While we always want the full force of the law to be applied to perpetrators of violence and the most abhorrent crimes, any police involvement must also be uncovered, and that means that the police must be held to account—commissioners, chief constables, those at the highest level of policing—and I can give her every assurance that we as a Government are making sure that happens.

[Mrs Maria Miller (Basingstoke) (Con)]

What steps she is taking to tackle child sexual abuse.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

The UK Government are committed to eradicating all forms of child sexual abuse and continuing to be a global leader in tackling these crimes. The Government’s tackling child sexual abuse strategy sets out our ambition to drive action across Government, law enforcement and society as a whole to combat this heinous crime in all its forms.

[Mrs Miller]

I thank my hon. Friend for that answer. She knows that the National Crime Agency is receiving more than 20,000 child abuse referrals a year from organisations such as Facebook and Instagram. If the services are end-to-end encrypted, those referrals may not be possible in future, so how are the Government addressing this really important problem to ensure that those who abuse children online continue to be brought to justice?

[Victoria Atkins]

The implementation of end-to-end encryption in a way that intentionally blinds tech companies to content on their platforms will have a disastrous impact on public safety, and we remain seriously concerned with Facebook’s end-to-end encryption proposals. The safety and security of the public is at the heart of this issue, and Facebook must continue to work with us to embed the safety of the public in its system designs. Companies have a responsibility to prevent the proliferation of child sexual abuse imagery and to protect children from predators on their platforms.

--- Later in debate ---

[Priti Patel]

I am very happy to write to the hon. Gentleman about the specifics of his question; I do not have that detail in front of me right now. Throughout the application process, the Home Office has worked with and supported individuals who have issues demonstrating their status through some of the measures that I have already outlined, so that their status can be secured. There are ways in which we have been doing that, and I will write to him with that information.

[Mrs Maria Miller (Basingstoke) (Con)]

Changes to the law on abortion are among the most difficult issues that we consider in this place, as the debate last week showed. These will always be matters of conscience, but does my right hon. Friend agree that when four royal colleges and the British Medical Association call for change, as there has been in Northern Ireland, we need to carefully listen to the views of those medical professionals and consider how, as a House, we can consider these important matters in a timely way?

[Priti Patel]

My right hon. Friend is absolutely right. First and foremost, it is always important to recognise and understand the strength of feeling around this issue. I pay tribute to colleagues in the House who have discussed this issue over the past week; they have aired many not just concerns but approaches based on evidence and information.

My right hon. Friend is right that these are matters of conscience for all Members, but at the same time it is for Parliament to decide. The debate that she has been leading and much of the evidence that she has just touched on are a matter for consideration, which Governments absolutely approach in the right way, particularly with parliamentary debate at the right time.

Police, Crime, Sentencing and Courts Bill

Maria Miller Excerpts

3rd reading
Monday 5th July 2021 Commons Chamber

[Geraint Davies (Swansea West) (Lab/Co-op)]

This Bill removes our fundamental right to peaceful protest. How? By putting power in the hands of the police to stop protests—not, as before, on the grounds of causing serious damage or unlawful behaviour, but instead on the grounds that it may cause “serious unease” or “distress” to bystanders. Those found guilty of even risking causing “serious annoyance” or “inconvenience” can get imprisoned for up to 10 years or face unlimited fines. This amounts to the removal of the right to peaceful protest as enshrined in our Human Rights Act and the European convention on human rights.

We saw a taste of what that means in practice at the Clapham vigil and the Bristol protests in March. The parliamentary report into Clapham and Bristol, which was published last week and mentioned by the hon. Member for Huntingdon (Mr Djanogly), found that the Metropolitan police told the Clapham vigil organisers that the vigil was illegal, when it was not, and that they faced thousands of pounds in fines, which they did not. The organisers withdrew and the vigil was disorganised, and then, at 6.30 pm, the police physically intervened to disperse the gathering, thereby increasing the public health risk of covid. In Bristol, yes, proportionate use of force by the police was justified, but batoning and blading protesters with shields on the ground certainly was not.

We have had a glimpse of what poorly drafted law can look like in practice. Instead, we must protect the right to peaceful protest by deleting clauses 55 to 61, which stop it, and introducing my new clause 85: a code that sets out the police’s duty to facilitate the right to peaceful protest, to return them to Robert Peel’s founding principle:

“The police are the public and the public are the police.”

This Bill is before us because people want to protest against climate change, as, by 2025, the 1.5°C Paris limit will be breached. Peaceful protesters—whether suffragettes or economic, social or environmental campaigners—enrich and inform our democracy between elections. This is essential to our fundamental values of democracy, human rights and the rule of law.

The Bill is an act of political treason. It is bad at its core. It will be seen in China, Russia and elsewhere as a green light to crush democracy and the right to peaceful protest, with unaccountable police power. The good people in this country should not rest until it is overturned and our rights reinstated, so that democracy can live, breathe and thrive again.

[Mrs Maria Miller (Basingstoke) (Con)]

In the time available to me, I would like to speak in support of two amendments and comment on one.

New clause 24 in the name of the hon. Member for Rotherham (Sarah Champion) calls for

“a review of how registered sex offenders are able to change their name or other aspects of their identity without the knowledge of the police”.

The UK has some of the toughest measures in the world to manage sex offenders, yet the system is being exploited and flouted by thousands of convicted offenders, if the figures are to be believed. More than 16,000 offenders in the last five years have not told the police of their whereabouts under their notification requirements, and it is estimated that around 900 have gone missing altogether. Some of them could possibly have changed their names. The amendment would review how sex offenders are able to change their names or identity, and ensure that the system is amended so that police are always made aware. I hope the Minister will respond to the amendment in her comments.

I will turn to two amendments on the issue of abortion. This debate has made it clear that the current position, and the inconsistency between the situations in Northern Ireland and in England and Wales, is very difficult to explain other than by the fact that in England and Wales, our law is underpinned by an Act of Parliament passed 50 years before women were even allowed to be part of the legislative process. There has been almost no change to the abortion laws in more than 50 years. It may be that the tradition of leaving these issues to Back-Bench Bills no longer works and the Government need to think more creatively.

[Carla Lockhart (Upper Bann) (DUP)]

rose—

[Mrs Miller]

If the hon. Lady will forgive me, I will not give way—Madam Deputy Speaker would have my guts for garters.

The Government need to consider how we modernise the set of laws that this place has changed for Northern Ireland but has not had the opportunity to do so in a thoughtful way for England and Wales. The strong feeling on both sides of the House shows that there is an argument for thinking about this further, particularly with the two specific amendments.

I will turn to new clause 42. The Bill already recognises that protests should not stop others going about their daily business. Frankly, new clause 42 does similarly for individuals who want to access abortion advice and services. I hope that the Minister will reflect on the amendment in her summing up.

I do not support new clause 55 by the right hon. Member for Kingston upon Hull North (Dame Diana Johnson) because of the expansiveness in the way it is drawn. I have deep sympathy, however, and support her in her wish to see abortion decriminalised for women in England and Wales, as has been done in Northern Ireland. We in this House have to take the opportunity to have a thoughtful and thorough debate and to have it in the very near future.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I rise to speak as co-chair of the justice unions parliamentary group. There is an awful lot that I would like to say about this Bill, but unfortunately I have to restrict my comments to amendment 47.

The amendment seeks to correct an anomaly in the legislation brought by the hon. Member for Rhondda (Chris Bryant) in his Assaults on Emergency Workers (Offences) Act 2018, whereby the only members of prison staff included in the protected category of emergency workers are prison officers and some healthcare workers, while other prison workers, such as teachers or instructors, are not protected. That is simply unfair and increases the risks for those staff: it effectively paints a target on their backs because prisoners are well aware of the law and know that the penalties for attacking a prison officer are way more severe than those for attacking the teacher who might be standing next to them.

The 2019 “Safe Inside” survey conducted by the Joint Unions in Prisons Alliance showed that all prison staff—not just prison officers, but prison educators and teachers as well—are subjected to shocking levels of violence and are routinely exposed to harmful drugs. More than a quarter of staff reported having been a victim of physical violence in the last 12 months. Of those, 14% said that they had been assaulted more than 10 times in that period.

The youth estate, for example, often houses children who are locked up hundreds of miles from family and support. The resulting strain on mental health is a contributing factor towards violence against staff. Of course, in Wales, as education is devolved, things run differently so the Bill’s impact will be felt differently, which is something my hon. Friend the Member for Arfon (Hywel Williams) will raise later.

Here is one horrific example from an educator in a young offender institution:

“I turned to press the radio and as I did so I felt the young offender’s arms around my neck and he put me in a headlock and began to strangle me, I managed to say “Assistance” on the radio, but before I could say my location, he had my arm above my head to stop me calling for help, he dragged me down to the ground, he continued to strangle me with his left arm and he hit me repeatedly in the head with the other. As he was doing so, he said he had mental health issues. It felt like longer but, I think the officers arrived in approximately five minutes after the incident began and physically removed him from me.”

No teacher, educator or instructor should be expected to work in an environment where terrifying assaults like those are not treated with the same severity as those against prison officers. For that reason, I urge all Members to show those brave front-line public servants that we prioritise their safety as emergency workers, too.

Istanbul Convention: Position of the UK Government

Maria Miller Excerpts

Wednesday 26th May 2021 Westminster Hall

[John Howell (Henley) (Con)]

I beg to move,

That this House has considered the Istanbul Convention and the position of the UK Government.

It is a great pleasure to serve under your chairmanship, Mr Hollobone. There is an urgency to this debate, which I will come on to explain, but one of the primary concerns of the Council of Europe, representing 47 member countries and about 800 million citizens in those countries, is to safeguard and protect human rights. Violence, particularly violence against women, including domestic violence, undermines the core values on which the Council of Europe is based.

The urgency of this debate comes about for very good reasons, and just let me say that I initiate the debate, as the leader of the UK delegation to the Council of Europe, in order to highlight the problems that we have with regard to the Istanbul convention. Those reasons stem from the fact that the Turkish Government have decided to withdraw from that convention. People may think it very strange, as it is called the Istanbul convention, that the Turkish Government have decided to withdraw from it, but also the Polish Government appear to be giving indications that they wish to withdraw from it. I think that this is a very serious challenge to a particularly important treaty of the Council of Europe, which I will come on to in just a second.

The reason the UK becomes involved in this is that the Turkish delegation has been saying, “What do we care about this? Look at the UK. A founder member and grand payeur of the Council of Europe has signed the convention but not even ratified it. If they haven’t ratified it, what use is it and why are people getting on to us?” That is something that we should take a strong stand against, because, as I am sure my hon. Friend the Minister will come on to say, we have been doing a lot in order to ratify it.

[Mrs Maria Miller (Basingstoke) (Con)]

I commend my hon. Friend for calling this debate today, because it was back in 2012 that the UK Government signed the Istanbul convention, demonstrating their real commitment to tackling violence against women and girls. I join him in urging the Government to set out when the ratification process will come to a head, because I agree that it is deeply concerning that other countries might be taking the lack of ratification as a sign that they do not have to be as cognisant of the treaty as they should be.

[John Howell]

I thank my right hon. Friend for her question. What I would point out on that is, first, that it is a question that I would like to put to the Minister, and I am sure that she will want to comment on it, during her reply to the debate, and say something about the timetable. But we in this country, unlike many countries in Europe, try to change the law first, before ratifying the treaty. It is a simple issue: we try to get the law right in this country. Let us look at some of the other countries that have approached ratification. Ireland signed it in 2015 but did not ratify it until 2019. Luxembourg signed in 2011 but did not ratify until 2018. There is often a long period during which treaties are discussed and the law is changed, but it is such a great shame that the rest of Europe does not follow our advice and change the law in order to get the treaty right. That is certainly something that I have put to the group; and the group, to a person, completely agrees. That is an important point to remember.

The Minister, in her evidence to the House of Lords, said that we have gone further in what we have implemented than the treaty requires. It would be useful to have how we have gone further on the record, so that I have a piece of paper that I can wave—if that does not create too much of an impression of Neville Chamberlain—and can say, “This is what we are really doing.”

The Council of Europe convention on preventing and combating violence against women and domestic violence, known as the Istanbul convention, protects women against all forms of violence. It obliges countries to prevent, prosecute and eliminate violence, including domestic violence, against women.

--- Later in debate ---

[Victoria Atkins]

Very much so. It is not acceptable for Turkey to seek to excuse its own actions by referencing other countries, including the United Kingdom; it is responsible for its own decisions. In fact, we are proud that the United Kingdom is recognised around the world as a global leader in tackling violence against women and girls. We are delighted to be co-leading the new Generation Equality Forum’s global action coalition on gender-based violence. We will use this platform to protect and promote the safety and rights of women and girls in all their diversity, and call for all member states to remain committed to international conventions, including the Istanbul convention.

However, as my hon. Friend rightly said, the United Kingdom insists on implementing measures and laws before ratifying international conventions, and that is the approach we have maintained while considering this convention. We have in play some of the most robust measures in the world to protect women and girls from violence and, in all but three respects, we comply with, or indeed go further than, what the convention requires.

[Mrs Miller]

I am listening very carefully to the Minister’s argument, and she is absolutely right to say that, as a nation, we want to make sure that we sign up only to things that we know we can adhere to, but this is a treaty that was signed in 2012—almost a decade ago. Leaving such a long time before ratification allows countries such as Turkey to take other meanings from the delay that has occurred in the UK.

[Victoria Atkins]

In a little while, I am going to encourage countries to follow our lead on some of the measures we have taken, including in the Domestic Abuse Act 2021, in which my right hon. Friend played such a vital role in her work chairing the joint Committee that scrutinised the draft Bill. I will address the timeframe in a moment.

The Domestic Abuse Act 2021, to which colleagues of different parties have referred in their contributions, will transform the response across all agencies for victims and their children. We have also introduced new guidance for professionals, as well as a range of new protective tools, such as protection orders for FGM, stalking and forced marriage. As my hon. Friend the Member for Henley set out, the range of crimes, and the range of forms that violence against women and girls can take, is very wide and very harmful. As I say, however, there are three outstanding issues to address before we can comply fully with the convention.

The main obstacle delaying our ratification has been compliance with article 44, which relates to extraterritorial jurisdiction. All parts of the United Kingdom need to obtain the power to prosecute their nationals and residents for certain violent and sexual offences committed overseas. The Domestic Abuse Act 2021 includes the necessary provisions, which will make all parts of the UK compliant with article 44. I am pleased to inform the House that the extraterritorial jurisdiction provisions for England and Wales will be implemented automatically on 29 June, and I understand that Scottish and Northern Irish Ministers also plan to commence their provisions within a similar timeframe. That will be a significant milestone towards ratification. The only exception to that timescale will be extraterritorial jurisdiction for psychological violence in Northern Ireland.

That brings me to the second issue, which the hon. Member for Strangford (Jim Shannon) has addressed—namely, article 33 and psychological violence. Unlike England, Wales and Scotland, Northern Ireland is not yet compliant with article 33, because it does not have in force an offence that criminalises psychological violence. The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021, which became law in March and should be implemented by the autumn, provides for a new domestic abuse offence that would criminalise psychological violence in Northern Ireland. Extraterritorial jurisdiction for that offence will be implemented at the same time, representing the last piece in the jigsaw for article 44. Once that offence is implemented, the UK as a whole will be fully compliant with article 33—the second significant milestone towards ratification.

The final outstanding area concerns migrant victims of domestic abuse and relates to articles 3, 4 and 59. In April last year, I announced that the Government were committing £1.5 million in this financial year to fund the support for migrant victims scheme, in order to provide protection and support for vulnerable migrant victims who are unable to access public funds. The scheme launched in April and is intended to run until 31 March 2022. The Government will use this pilot scheme to better assess the level of need for such victims, and to inform evidence-based long-term funding and policy decisions. Therefore, the compliance position for those articles is under review, pending the evaluation and findings for the support for migrant victims scheme.

I understand the frustration that we have not yet been able to ratify the convention. I can reassure hon. Members that we are doing everything we can to ensure that ratification happens as soon as possible within that context, and I must emphasise again that we are taking significant action to tackle violence against women and girls, including going further than the convention requires us to do in many instances. Indeed, I hope other countries will look at what we have achieved in the Domestic Abuse Act 2021 and non-legislative measures. Perhaps, dare I say, they will follow our lead. For example, only last year we launched the successful #YouAreNotAlone campaign to ensure that victims of abuse, and people worried about friends and family, know how to access help and advice. As of March, the campaign is estimated to have reached 35 million people.

Another example: in January, we launched the Ask for ANI codeword scheme to support victims of domestic abuse, with around 5,000 pharmacies participating. This scheme alone has already helped more than 70 victims and their families to escape domestic abuse. Throughout the pandemic, our absolute priority has been ensuring that victims can continue to access crucial support services. We have provided more than £28 million to domestic abuse organisations, including boosting helplines, web services and refuges, and we have provided additional funding to help victims of sexual violence and modern slavery, as well as vulnerable children.

However, we want to go even further. Since 2010, we have created two new stalking offences, criminalised forced marriage, and committed to reviewing the way in which the criminal justice system responds to rape. Later this year, we will publish a new violence against women and girls strategy, which will help us to target perpetrators and support victims, while enhancing our ability to tackle emerging crime types, such as revenge porn and other online offences. Our determination to listen to women and girls in order to shape our strategies—both violence against women and girls and tackling domestic abuse—is proven by our decision to run the first-ever public survey on violence against women and girls.

Following the tragic events earlier this year, during which thousands of women and girls shared their own experiences of violence against women and girls, the Home Secretary reopened the public survey so that more people could contribute to this vital work. I am pleased to tell the House that that survey has received around 180,000 responses, which anyone who keeps an eye on Government surveys will appreciate is an extremely high level of response. I am incredibly grateful to everyone who took part in that survey. Their contributions are being analysed and will be absolutely invaluable in helping us to shape this new strategy, as well as the specific complementary domestic abuse strategy which we are publishing later this year.

On the progress of the Istanbul convention, as required by law, we will publish our next annual progress report on ratification of this by 1 November. On the details of where we are complying and exceeding measures, our most recent ministerial statement sets out details of the convention. I would very much like to thank my hon. Friend the Member for Henley for raising these important issues, and my right hon. Friend the Member for Basingstoke and the hon. Gentleman for Strangford for their contributions. I am grateful to them for allowing me the opportunity to address the Government’s position.

Question put and agreed to.

Domestic Abuse Bill

Maria Miller Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I thank my hon. Friend for all that she has done with regard to recognising the problems around threats to publish intimate images. Will she join me in saying that we need to make sure that the law is all-encompassing in this area? It is important to improve the law on revenge pornography as it stands now, introduced by this Government, but it is even more important that we have a wholesale review of this area, such as that which is part of the Law Commission’s review.

[Victoria Atkins]

I agree completely with my right hon. Friend. I thank her for the work she has done over many years to address this and other issues particularly affecting women and girls. We very much take that point. We have worked on the amendment with Baroness Morgan to have an immediate impact, but in addition we look forward to receiving the Law Commission’s report and recommendations later this year—it is looking at the whole of the law on the use of intimate images and other types of malicious communications on the internet. If the law needs to be changed to reflect recommendations, we can address those in subsequent legislation. These clauses apply to all relationships and all encounters of a sexual nature, from a Tinder hook-up to a marriage of many decades. Those protections will be enshrined in this Bill.

I turn to another amendment that I know has been welcomed warmly by survivors and campaigners: the extension of the coercive and controlling behaviour offence to include post-separation abuse. We listened very carefully to debates in this place, as well as to charities such as Surviving Economic Abuse and, of course, to survivors themselves. We reviewed the offence to see how it is working after five years of being in force and we published that review in March.

We acknowledge that coercive and controlling behaviour continues and indeed may escalate following separation, so amendment 34 will extend the offence to cover post-separation abuse between former intimate partners and interfamilial abuse, regardless of whether the family members are living together or not. The amendment will send a strong message to perpetrators that controlling or coercive behaviours, irrespective of the living arrangements, are forms of domestic abuse and that the criminal law is there to protect victims.

The Bill also revolutionises the help that is available to victims who need to flee relationships to refuge or other safe accommodation. It is revolutionary in that it helps to ensure that they are helped to recover from their experiences. Part 4 introduces a duty on tier 1 local authorities to provide specialist services to such victims and we have announced £125 million of funding to support that provision in the Bill.

There is a cross-party desire to see those measures matched by equivalent provision in respect of community-based support. This Government are alive to such calls. Police and crime commissioners, and others, already provide significant community-based support to victims of crime, but we need better evidence of the gaps in current provision and how they might best be addressed. That is why the Government have now committed to consult on the provision of community-based support as part of this summer’s consultation on the new victims’ law. That commitment to consult is backed up by Lords amendments 5, 8 and 10 to 16. Lords amendment 5 will place a duty on the domestic abuse commissioner to publish a report, under her new powers in the Bill, on the provision of and need for community-based services. Lords amendments 8 and 10 to 16 will place a duty on tier 1 local authorities, with the support of their domestic abuse local partnership boards, to monitor and report on the impact of the safe accommodation duty on the provision of community-based support in their area. Taken together with the responses to our victims’ law consultation, those amendments will ensure that the Government have all the information they need to build on the strong foundations of existing community-based services.

Some of the most upsetting and torturous experiences that victims can experience happen after a relationship has ended, in the family and civil courts. Lords amendments 17 and 24 to 31 relate to special measures and the ban on cross-examination in person in civil proceedings. In short, those amendments more closely align the position in the civil courts to that in the family courts, so that victims of domestic abuse have the benefit of automatic eligibility for special measures to enable them to give their best evidence and to ensure that they are protected from being cross-examined in person by their abuser. Our justice system should not be used as another form of abuse. This Bill will help to protect victims and secure justice.

In the case of the family courts, perpetrators can continue abuse through repeated unmeritorious proceedings. Lords amendment 33 amends the Children Act 1989 to prevent such vexatious claims. The amendment makes it clear that a court may make a barring order in circumstances where it is satisfied that a further application made by the named person would put the child or another, for example the parent victim, at risk of harm. For all the victims and survivors I have met, and whose stories we have heard in the Chamber: these measures are to help you all to secure justice, as you deserve.

Lords amendment 39 would ensure that a health professional working in a general practice that holds an NHS contract cannot charge for evidence to show that a patient has been the victim of domestic abuse for the purpose of obtaining legal aid. We recognise that it is already the case that most GPs do not charge for such evidence, but the amendment will ensure that no victim faces that barrier to obtaining legal aid.

The Bill also reaches beyond these shores. Lords amendments 70 to 82 amend the extraterritorial jurisdiction provisions in the Bill to remove the dual criminality requirement for relevant sexual offences, including rape, committed outside the UK by UK nationals. That will enable UK nationals who commit marital rape in countries where such behaviour is not criminal to be prosecuted in UK courts. This is also a significant step forward towards ratifying the Istanbul convention, as it addresses one of the three outstanding matters set out in the statement to the House in October last year.

I turn to the 12 sets of Lords amendments to which we have tabled motions to disagree. I emphasise that, in line with our approach throughout the Bill, where we do not agree with the amendments, and where possible, we have sought to address the concerns raised through practical measures instead. The first set of amendments relates to the definition of domestic abuse. Lords amendments 1 to 3 would bring abuse by all carers of disabled persons, paid and unpaid, within the definition of domestic abuse in the Bill. I hope it is clear—it perhaps does not need saying—that the Government abhor all abuse, and we have every sympathy for the spirit of these amendments. Abuse of disabled people by their carers must be called out and acted upon. The issue before us today is whether this is the right Bill to strengthen the protection for disabled people.

The focus of this Bill is on domestic abuse as it is commonly understood—that is, abuse by a current or former intimate partner, or by a family member. That is the approach taken in the Istanbul convention, which I know many hon. Members are keen for the UK to ratify. Where a disabled person is abused by a partner or family member, the abuse will be covered by the definition as already agreed by this House. However, Lords amendments 1 to 3 would bring in a much wider range of relationships, outside a domestic abuse setting. We should steer away from diluting the purpose of the Bill.

As I have said, however, in inviting the House to disagree with these Lords amendments, we do not wish to downplay or deny for one moment the experience of disabled people who are abused by their paid or volunteer carers. There are protections in place, including the offences in the Criminal Justice and Courts Act 2015 relating to ill treatment and wilful neglect. However, we have listened carefully to the experiences and concerns raised in this House and the other place. We want to find practical ways in which to address those concerns. That is why the Government intend to carry out a review of the protections for people at risk of carer abuse. We will engage with the noble Baroness Campbell of Surbiton and the disabled sector on the scope of the review, but it would broadly seek to examine the protections offered against carer abuse and the support available to victims. We have listened and we will act.

--- Later in debate ---

I am also pleased to support Lords amendments 47 and 48, which acknowledge the authority of the Senedd in Wales and prevent the Secretary of State from undermining the devolution agreements. I wish to make a further reference to the situation in Wales, as I feel Wales can be held up as a beacon of good practice. We already have the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 in place, and it was accompanied by a national strategy in 2016. Together, they set out measures to improve prevention, protection and the provision of support, to tackle domestic abuse, taking a multi-agency and collaborative approach. So I respectfully suggest that yet again Wales is ahead of the game and England can learn from us. However, the good work already done is hampered by a decade of cuts from central Government. Women’s Aid estimates that £393 million is needed for domestic abuse services annually. We need secure, sustainable, long-term funding from central Government, and this includes reversing the 41% real-terms cut in legal aid expenditure on civil domestic violence cases since 2012. Therefore, alongside this Bill and these Lords amendments, I call for those resources to be made available, so that the effective protection and support is available to all victims of domestic abuse.

[Mrs Miller]

May I again associate myself with the remarks about the passing of Prince Philip and of our wonderful colleague Cheryl Gillan?

This Bill was announced four years ago, and two generations later—sorry, two general elections later; it feels like two generations— we are on the cusp of it going on to the statute book. It is important to think about the time and the perspective, and to try to understand how the Bill’s evolution reflects the very much broader way society now understands the many forms of violence against women. Although I completely agree with the Minister that we cannot dilute the focus of this Bill from that specifically about domestic violence, and we are right to resist Lords amendments 1 to 3 to expand the application of the Bill to include paid and unpaid carers, we need to acknowledge that the Bill is not the same as it started out and that that is because of how we have seen and been appalled by the way in which violence affects women’s lives.

We have an opportunity in this Bill to ensure that women and girls know that they do not have to suffer abusive behaviour without having the support of the criminal justice system, but we also need the Government to make sure that there is consistency across all elements of Government policy in this respect; when it comes to schools, online and workplaces, we have to make sure that Government strategy reflects that there is no place anywhere in our society for abuse and violence against women. I hope that the Minister, whom I know feels this as strongly as I do, will make sure that this is reflected in the new strategy that she puts forward for the Government in the coming months, because at the moment there are inconsistencies there and that is confusing and undermining for women.

I welcome the approach that the Government and particularly the Minister have taken and the spirit of collaboration and co-operation across the House, which is important on an issue such as this. This Bill is not about what the Conservative or Labour party thinks; it is about what society thinks about women’s roles. That is hugely important when it comes to what my right hon. Friend the Member for Maidenhead (Mrs May) said about how the Bill will only be of benefit if the police and judiciary put it into practice. In demonstrating that this is an issue that society feels strongly about and that transcends individual party interests, we demonstrate that what they have to embed, not just in their training systems but in their culture and ethos, is that violence against women is not acceptable in our society.

I commend the co-operative approach that the Government have taken, which I certainly saw when I chaired the Joint Committee scrutinising the Bill—which now feels like a lifetime ago. Indeed, the Government addressed almost all the Committee’s recommendations. In considering the more than 80 amendments today, we should not forget how far the Bill has taken us in making the culture change that we need to see, through establishing a commissioner, having the definition, stopping cross-examination by perpetrators and providing access to special measures. These things cannot be taken for granted, which is why we need to get the Bill on the statute book in its own right. We need those things to start to happen, rather than just continuing to talk about them. That is why I hope this is the last debate we have on the Bill.

I wish to speak in favour of two amendments that the Government are taking on board today. The first is Lords amendment 35, which concerns the disclosure of private intimate images. As other hon. and right hon. Members have said, it recognises a crime—the threat to publish private and intimate images—that has an appalling impact on those affected. I pay tribute to Refuge and its “The Naked Threat” campaign, but let us ponder what my hon. Friend the Member for Rushcliffe (Ruth Edwards) said. She reminded us that one in seven women have experienced a threat to share an image in this way.

I fear that this will only become an increasing problem, because we have failed to tell young people that they should not share intimate images of themselves—that it is against the law and that they might never be able to remove them from the internet for the rest of their lives. We have failed to tell them that. In speaking in support of Lords amendment 35, I also urge the Minister to ensure that we tell young people, in our newly mandatory sex and relationship education—which, after 20 years of debate, has been on the statute book effectively since last September—that they cannot share such images. It is against the law and is not a normal part of growing up. We have still not landed that message.

My hon. Friend’s constituent Natasha’s story was from an adult’s perspective, but there will be hundreds and thousands of young women, and men, listening to this debate who are also living in fear of intimate images being released that they know that others have. This is a ticking time bomb and something that I hope my hon. Friend on the Front Bench and other Ministers will address even more directly in the online harms Bill and in response to the Law Commission’s long overdue consultation on intimate image abuse, which will look not only at the publication of such images but at issues such as cyber-flashing, which my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) mentioned.

The other amendment that I want briefly to speak in support of is Lords amendment 36, which concerns non-fatal strangulation. As Chair of the Women and Equalities Committee and the Joint Committee on the Bill, I have heard various evidence from young people under the age of 18 about how strangulation had become a routine part of their sexual experiences. I do not think we can overestimate the seriousness of this issue at all. I go back to my message to the Minister about telling young people that it is unlawful. Strangulation, simulated strangulation or semi-strangulation is not part of a normal loving relationship. If we do not tell young people that and they still have considerable access to extreme pornography, then we cannot expect anything to happen with regard to tackling the aggression rather than simply punishing the offenders.

The one hanging thread that remains from our Joint Committee inquiry into and scrutiny of the Bill is the individuals who have no recourse to public funds. That was not addressed at all when we scrutinised the Bill in Committee and it is, correctly, an issue we need to debate today. We need to get it right, and I just want to press the Minister a little further on it. No one wants to create a system that has the unintended consequence for migrant women of potentially putting them into a situation where they could be subject to further abuse as a result of the way our system of support works.

When we took evidence, the Joint Committee saw that there were very strong views on both sides on the support that would be in place for migrant women in particular. We took very strong evidence that said that a complete firewall was not always in the best interests of data and not always in the best interests of victims. We made a recommendation that there should be a much more robust Home Office policy on the use of firewalls and data in separating policy and practice with regard to support on immigration control.

The Minister has introduced a way forward on that with the pilot scheme she announced, the support for migrant victims scheme, but I feel we need more detail. We need to understand what will happen as a result of the pilot. Will £1.5 million be sufficient funding for the number of women who find themselves in a situation where they are suffering domestic abuse yet have no recourse to support? What metrics will be used to determine whether the pilot has been successful? How will it be rolled out? It is there to find more information, because the Government felt there was insufficient evidence to shape a policy in this area, but we really need to see from the Government more details about how the scheme, when it ends in 12 months’ time, will be evaluated and then taken forward. We cannot allow ourselves to be continually in the situation where we do not know how to put in place a long-term scheme to support migrant women who find themselves in this situation. I hope the Minister might at least be able to indicate today when we can expect to get more information and more detail. Maybe she could provide a briefing to those of us who follow these issues very closely.

In conclusion, the Bill was framed as a gateway to the ratification of the Istanbul convention. That is important because, as one hon. Member mentioned, we need to get ratification of the Istanbul convention. I hope that once the Bill goes on to the statute book that is what will happen—again, maybe the Minister will want to comment on that. The Bill is another clear sign of the Government’s commitment to helping to tackle the culture of violence towards women in this country, but there is much more to do, especially in the online world, and we need to keep going with our efforts to stop violence against girls and women around the world. We need to make sure we keep our focus on this very significant issue. By having this debate in the House of Commons today, we are showing that abuse is no longer something that will be tolerated in this country and that there is no place for violence against women at all. With this Bill, we will be adding yet another important piece of legislation to the statute books to ensure that women are safer in their day-to-day lives in our country.

Policing and Prevention of Violence against Women

Maria Miller Excerpts

Monday 15th March 2021 Commons Chamber

[Priti Patel]

We want to prevent anyone from becoming a victim of crime. It should be not just our conviction and determination, but our collective imperative, to ensure that no one becomes a victim, and particularly anybody from the groups to which the hon. Lady referred.

[Mrs Maria Miller (Basingstoke) (Con) [V]]

May I, too, send my deepest sympathy to the family and friends of Sarah Everard, and I echo the comments made about the events of Saturday evening? Nobody should feel threatened when on our streets, and the best way to prevent violence against women and girls is to tackle the root causes of that violence. New Government research has identified viewing pornography, particularly violent pornography, as an influential factor in harmful sexual behaviour towards women and girls. How will my right hon. Friend reflect that finding in new Government policy?

[Priti Patel]

My right hon. Friend has made a powerful and important point about those behavioural aspects and their links to pornography. I know she has focused on that issue, and I would very much like to discuss it with her further as part of our work to protect women and girls from violence.

Fire Safety Bill

Maria Miller Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wednesday 24th February 2021 Commons Chamber

[Daisy Cooper (St Albans) (LD) [V]]

Lords amendment 4 is about protecting blameless leaseholders from the extortionate costs of fire safety remediation. I tabled it initially in Committee and it has been re-tabled by Liberal Democrat peer Baroness Pinnock in the other place. I thank the hon. Member for Stevenage (Stephen McPartland), the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) and their colleagues, who have improved upon it, and I support all these amendments. Hundreds of thousands of people affected by this fire safety scandal are counting on us to put our party political differences to one side and work across party lines to protect them. The Government have made three claims today. They say that this Lords amendment should not be dealt with now, that it is defective and that it will delay this Bill. Let us address those in turn.

First, the Government say this Bill is not the time and place to protect leaseholders, and that they should wait until the Building Safety Bill. The Government are wrong. From the date this Bill comes into force, leaseholders will be required to pay for any costs incurred consequent to a notice by a competent authority. If they receive a notice from a fire service or a local council in relation to the external wall of a building of two or more dwellings, those leaseholders will be liable to pay from day one of the Bill taking effect. Leaseholders cannot afford to be hit with huge costs, and that is why this Bill is exactly the right Bill to address the issue, and it is why leaseholders cannot wait any longer.

Secondly, the Government say that the various amendments under consideration today are defective. Well, why have they not proposed their own amendments to solve any defects? I first tabled this amendment on 25 June last year, which is eight months ago, and I note that the Government have failed to bring anything forward in all that time.

Thirdly, the Government say this amendment could delay the Bill. With respect, that is a bit flippin’ rich, given that it has taken three and a half years to bring forward a Bill that extends to a whole two pages.

We cannot end the whole fire safety scandal today, but we can protect leaseholders from having to pay for it. I call on the Government to put all the amendments to a vote, and I call on all Members of this House to put our party differences to one side and to vote for them all.

[Mrs Maria Miller (Basingstoke) (Con) [V]]

I start by sending my very best wishes to my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). We want to see him back soon, but it is good to see this Minister, my Hampshire neighbour, leading the debate today.

Owning your own home is a very British dream, but it has turned into a nightmare for thousands in the aftermath of Grenfell. That is why there is such strength of feeling across the House today. Our thoughts will always be with those lost in the Grenfell tragedy, with those who are grieving and with those who survived, but there are now thousands more who are dealing with the building safety consequences of those events.

In the UK it should not be high risk to buy a home in a block of flats built and marketed by a reputable house builder under strict building control regimes, only to find that the professional and regulatory checks have been a fiction. That is a situation in which hundreds of my constituents find themselves.

It is clear from today’s debate that no one wants residents to pay for this disgraceful behaviour, that there cannot be a blank cheque from Government, and that those who caused the problem have to pay for the works that are needed. The only question is how we achieve all that, so I warmly welcome the Government’s announcement of an additional £3.5 billion to fund remedial work, a grant scheme for low-rise buildings, a builders levy and a property developer tax. This will be of some reassurance to leaseholders, and a start to making sure that those responsible for the failings are made to pay for what they did wrong.

I accept the argument of my hon. Friend the Minister that this may not be the right place for further assurances on remediation costs and, given his undertaking to look at this further in the Building Safety Bill, I will pause my support for the amendments today. He has been constructive and helpful in his contribution.

In the meantime, the Government have to show how funding promises will work in practice. I thank my right hon. Friend the Secretary of State for working with me to identify how funds will flow for the waking watch relief fund and remedial works. Making this work in practice has to be a ministerial priority in the coming weeks.

There also needs to be complete transparency from Homes England on which buildings have been accepted into the scheme, and that if eligible costs legitimately increase from the initial assessment, applicants can claim from the fund for a cost variation. Above all, these plans need to be in place as quickly as possible, and the Government need to tackle the insurance problems that many leaseholders now face.

Remediation works will not happen overnight, but it is in no one’s interest to delay this Bill, which includes provisions from my 2018 fire safety ten-minute rule Bill. If there is not clear progress, more action will be needed in the Building Safety Bill when it is considered later this year.

[Apsana Begum (Poplar and Limehouse) (Lab) [V]]

I rise to speak in support of Lords amendment 4 and the amendments tabled by those on the Labour Front Bench. I also express my support for what is colloquially coined the McPartland-Smith amendment. The common thread is to urge the Government to ensure that freeholders do not unjustly pass fire safety remediation costs on to leaseholders and residents. Too many of my constituents are living in dangerous homes, facing huge financial and legal liabilities for remediation of building safety defects not of their making. Too many are suffering anxiety and stress from living in blocks with ACM and other types of cladding, whether in New Providence Wharf, New Festival Quarter or Indescon Square, to name just a few. Residents have contacted me in despair, devastated that they have been hit with huge bills for work to make their buildings fire safe. They have described the nightmarish situation they are in, living in unsafe homes that they cannot sell, with no idea when they will be made safe. Meanwhile, developers such as Bellway and Ballymore have continued to make huge profits, thanks to Government inaction, privatisation, and deregulation of the housing sector.

The cladding scandal must end. How is it possible that so many residents are still living in blocks that are unsafe? This is the reality of what so many people are enduring on a day-to-day basis, trapped in a never-ending game of buck-passing between the Government and the developers. No one wants to take responsibility; no one wants to pay to resolve the situation; and each looks to the other to step up. However, what is clear and indisputable is that people in my constituency and all over the country bought homes in good faith to build their lives in. I urge the Government today to rethink their approach and finally do the right thing by people who are having a really difficult time, and support amendments to the Bill.

I also express support for Lords amendment 2, which would place robust requirements on building owners or managers, and implement recommendations from phase 1 of the Grenfell Tower inquiry. We need to be sure that the Grenfell Tower fire never, ever happens again. Years have passed since the catastrophe, and still no one has been called to account. When will we ever get answers? When will victims ever get justice? The truth is that decisions stretching back years have led to the gutting of the UK’s fire safety regime, and the failure to regulate high-rise residential buildings properly for fire safety.

I conclude with this: our constituents and our communities need much more decisive action than we are getting from this Government. It is absolutely not fair that leaseholders or residents are left to pay for building safety works that have not arisen because of any fault on their part, and it is unacceptable that people continue to live in their current state of limbo in unsafe buildings. I plead with the Minister today to end this impasse, and finally do the right thing.

Covert Human Intelligence Sources (Criminal Conduct) Bill

Maria Miller Excerpts

2nd reading & 2nd reading: House of Commons
Monday 5th October 2020 Commons Chamber

[James Brokenshire]

Obviously there is the specific reference on the face of the Bill that I have alluded to, and therefore there is that requirement. As the right hon. Lady will know what the convention rights say, for operational and other reasons I will not go beyond what the convention says. There are very clear issues that I will now, I hope, come on to in that regard that will help to draw this out.

[Mrs Maria Miller (Basingstoke) (Con)]

rose—

[James Brokenshire]

I will give way one last time and then make further progress.

[Mrs Miller]

I thank the Minister; he is being very generous. He has been clear that sexual assaults on women such as the ones that have been referred to are entirely prohibited and not allowed, but they have obviously happened. In the past, those cases have been brought forward for proper review. How will they be brought forward in future under this Bill?

[James Brokenshire]

I have drawn out the separate regime that operates in relation to the authorisation of, for example, undercover officers, as well as the tight remit, the ambit and some of the additional oversight that is provided in respect of that regime. Again, that is all subject to the supervisory nature of the Investigatory Powers Commissioner and can, therefore, as with the provisions proposed through the Bill, be drawn out through that route. However, I will hopefully make some more progress and be able to get into how the Bill works and some of the further assurances. I may not be quite as generous with interventions, so that I can hopefully make progress and let other right hon. and hon. Members in.

The Bill amends the Regulation of Investigatory Powers Act 2000 by inserting a new section to provide a power for public authorities to grant a criminal conduct authorisation. Equivalent amendments are also proposed to the equivalent legislation in Scotland, subject to ongoing constructive engagement with the Scottish Government.

A CCA may be granted only where it is necessary for one of three statutory purposes: national security, the prevention or detection of crime, or in the interests of the economic wellbeing of the UK. It must also be proportionate to what it is seeking to achieve, and consideration must be given to whether the objective could be achieved by conduct that is not criminal. These authorisations will be tightly bound and granted by a highly trained and experienced authorising officer. They must also be compliant with our obligations under the Human Rights Act, including the right to life and the prohibition of torture or subjecting someone to inhuman or degrading treatment or punishment. Again, I will expand a little further shortly.

A CCA can also apply only where the deployment or engagement of the CHIS has already been authorised under the existing section 29 of RIPA, and is subject to the limits that that section provides. As such, there is a two-stage process: first, the authorisation of the use of a CHIS and, secondly, the separate authorisation of that source to carry out criminal conduct in the tightly prescribed circumstances proposed by the Bill.

It is worth highlighting that, alongside the Bill, we have published draft provisions of the CHIS code of practice, which provides further detail as to how the authorisation process will work and the factors an authorising officer must consider before granting an authorisation. To be clear, all authorisations are precise and explicit. A CHIS will never be given unlimited authority to commit any or all crimes. The effect of an authorisation is to render the authorised conduct lawful. This model is consistent with the approach we have taken for other investigatory powers. Of course, where a CHIS commits any criminality outside the tight parameters of the authorisation, the prosecuting authorities can consider this in the normal way.

Members will understand that, because of the clandestine nature of their work, there are limits to what I can say publicly about the role that CHIS play in saving lives and property, without exposing sensitive information about their methods and techniques. I know that there are concerns about the Bill somehow providing a licence to kill or to commit torture. Let me be clear that there are upper limits to the activity that can be authorised under the Bill, and those are contained in the Human Rights Act. That includes the right to life and the prohibition of torture or subjecting someone to inhuman or degrading treatment or punishment. It is unlawful for any public authority to act in a way that is incompatible with the European convention on human rights, and the legislation makes clear that nothing in the Bill detracts from a public authority’s obligations under the Human Rights Act. Therefore, an act that would be incompatible with the ECHR could not lawfully be granted under this Bill.

We do not believe, however, that it is appropriate to draw up a list of specific crimes that may be authorised or prohibited. To do so would place in the hands of criminals, terrorists and hostile states a means of identifying our agents and sources, creating a potential checklist for suspected CHIS to be tested against. That would threaten the future of the CHIS capability and result in an increased threat to the public. Protecting CHIS from prosecution will have achieved little if we cannot also protect them from being identified by the terrorist and criminal groups they inform against, placing them at personal risk.

--- Later in debate ---

[Mrs Maria Miller (Basingstoke) (Con)]

It is a great pleasure to follow the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts). She is absolutely right that public confidence is a critical issue with regard to a Bill of this nature. I am sure that those on the Government Front Bench will have been listening very carefully to her remarks, and indeed those of everybody today. I sense that one or two Members’ contributions, perhaps including that of the hon. Member for Poplar and Limehouse (Apsana Begum), were not thought to have been much in alignment with everybody else’s. Well, I say all power to her for voicing her views, because it is important that the Government hear everybody’s views, whether or not they are consistent with what might be felt elsewhere.

Having listened very carefully to the debate, I think that, by and large, there is cross-party support for the proposed legislation, notwithstanding the specific issues that have been raised by hon. and right hon. Members throughout, particularly on issues of safeguards and oversight. That support stems from a clear understanding of the role of covert human intelligence sources in helping to keep safe us every day of the week—safe from those who scheme every day to take the lives of innocent British citizens in terrorist attacks like the one that we saw here in Parliament not so long ago.

This very narrowly focused Bill seeks to put on a statutory footing activities that frankly most of us would like never to know about—courageous work done by people who may never have the value of their work recognised publicly because of the security issues involved. The Bill gives those agents a more legally certain environment within which to operate and give more protection, through the safeguards, to those in broader society. In the past, activities that have involved breaches of the law, including belonging to a proscribed organisation, were undertaken on the basis of what appears to have been an implied power. The right hon. Member for Dwyfor Meirionnydd talked about murky proceedings. I do not know whether that is the correct term, but it seemed to fit. The Bill removes any ambiguity and, in doing so, ensures that already strong procedures and oversight are more transparent and perhaps, hopefully, more understandable to everybody concerned.

We have heard some very learned analysis of the way that the Bill works from some very learned Members, particularly my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) and my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright). I do not intend to compete with their many years of expertise, but I do want to look at some of the issues that are presented by the safeguards in the Bill.

It was important that my right hon. Friend the Minister put on the record some of the actions that have been undertaken by covert human intelligence sources in the past—actions that could never be sanctioned or authorised either in the past or, indeed, under this new legislation. Understandably, the debate has focused on safeguards to ensure that further such unauthorised behaviour is eliminated. The Bill and the code of practice set out very clear safeguards that, as other hon. Members have pointed out, are for the most part already in place and operational. However, the Bill puts in place a protocol and safeguards to put them on a statutory basis, be that authorisation from a trained and experienced officer, oversight by the Investigatory Powers Commissioner or accountability to the Intelligence and Security Committee under my right hon. Friend the Member for New Forest East (Dr Lewis), with the Investigatory Powers Tribunal to investigate and determine complaints and grievances independent of Government and any Government organisations.

However, if these procedures are already in place, then I am concerned to hear from the Minister how we are going to make sure that they work better in future, because a number of issues raised in the debate require some further thought and response from the Government. Many are rightly concerned that in the past women have been sexually abused and even raped as part of covert operations. The Minister has been clear that these actions would never be sanctioned, either in the past or now, but regardless of the rules, reports of widespread involvement by officers in these sorts of very serious sexual assaults are concerning and have emerged. What will be done differently under this Bill to stop such blatant abuses happening in future?

[Lloyd Russell-Moyle]

I wonder whether the right hon. Lady agrees that the Bill is partly about enabling self-restraint, and therefore putting certain things that cannot be done into the Bill provides an understanding for officers so that it is clear, whereas a more general human rights approach could create the danger of it being less clear, just as in Canada or America.

[Mrs Miller]

The hon. Gentleman could argue that point from completely the opposite side, because by in some way bringing into question whether this piece of legislation will be treated like all other pieces of legislation—in other words, that a Minister will authorise it only if it is compliant, under the Human Rights Act, with sections of the European convention on human rights—I think he actually brings the whole thing into question; probably unintentionally, of course.

Going back to the point that I was making, what will be done differently? First, the Bill briefing note provides some detail on what might be done differently, but there is room for perhaps a little more, perhaps in Committee or beyond. The Bill provides detail on training for authorising officers about the way this new legislation would work, but absolutely no mention is made of training for the agents themselves. Given the problems of the past, can the Minister outline more fully what training agents receive on awareness, knowledge and expertise in the application of the Human Rights Act? I think many Members could do with some training on that at certain stages, because it is incredibly complex, and compliance with the European convention on human rights adds even more complexity.

Secondly, in 2016 the College of Policing published “Undercover policing: Authorised Professional Practice”, which is national guidance for officers. It would be helpful if the Minister updated the House on the status of that guidance, and whether any further operational guidance is envisaged for agents who will be under this new legislation. Covert human intelligence has an impact on many vulnerable people in society, and particularly women who may have had intimate sexual relations with undercover officers. Is the Minister reviewing the effectiveness of the way that policy impact is assessed to ensure that these sorts of blatant breaches are caught more quickly and, drawing on what my right hon. and learned Friend the Member for Kenilworth and Southam said, caught right away, rather than at a point in the future? The 70-page code of practice that accompanies the Bill is welcome, but perhaps a little unwieldy. How will the intent behind this Bill be turned into practice for agents on the ground?

Finally, if errors are made or agents do not follow the rules, there needs to be a clear and transparent pathway of redress for victims. What is that pathway for victims: what path would they follow under this legislation, and how is it different from what went before? All legislation we pass in this place is authorised by Ministers on the proviso that it accords with the provisions in the Human Rights Act and the European convention on human rights—this goes to the point made by the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle)—but mention has been made of the defence used by the Government previously in apparently carving out the actions of agents as being separate from the rules applying to public authorities. We have heard an explanation of that already in the debate today, but I think more clarity on that would be helpful when we think about building confidence both within the Chamber and beyond.

In conclusion, I fully support the Bill before us today, and there is a great deal of merit in what the Government are attempting to do. I again pay tribute to all those in our security services who work to help keep us safe. This legislation will put on a firmer footing the protocols within which they work and the safeguards that are there to ensure those provisions work as we intend them to do, which is to bring criminals to justice. Governance, security and oversight will not diminish this Bill; they will strengthen it to give it the full confidence of this House and the people we represent.

[Zarah Sultana (Coventry South) (Lab)]

As I am making the final Back-Bench speech, I will not be taking any interventions—apologies.

On 12 February 1989, Pat Finucane, an Irish lawyer in Belfast, sat at his kitchen table to have dinner with his wife and three children. As they ate, two gunmen burst through the door, entered the room and shot Mr Finucane 14 times. He was killed by a loyalist paramilitary group that, as the Prime Minister at the time, David Cameron, admitted in 2012, was acting in complicity with British security services. Far from stopping Mr Finnigan’s murder, the Prime Minister described the

“shocking levels of state collusion”—[Official Report, 12 December 2012; Vol. 555, c. 296]

in Mr Finucane’s murder. His family are still owed a public inquiry into the murder.

Deeply troubling acts of state agents such as those in the Finucane case are not isolated. In 2010, it came to light that for 40 years, Britain’s police had run covert operations spying on thousands of civilians. More than 1,000 political groups were spied on. Overwhelmingly, it was left-wing, anti-racist and climate justice groups that were spied on, with just three far-right groups included on the list. The spy cops revelations have shown that police operatives deceived women into sexual relationships and even spied on grieving families seeking justice, including the parents of Stephen Lawrence.

This Bill must be opposed. It places no limits on the crimes that state agents can be authorised to commit. It does not prohibit torture. It does not prohibit murder. It does not prohibit sexual violence. Instead, all it requires is that authorising officers themselves believe that the conduct is appropriate, necessary by broadly defined criteria and meets requirements that may be imposed by an order made by the Secretary of State. Even the FBI expressly bans operatives from certain criminal conduct, but this Bill does not ban any type of criminal conduct for British state agents.

The grounds upon which the authorisations can be granted are ill-defined and wide-ranging. They include not only national security but “preventing disorder” and to promote

“the interests of the economic well-being of the United Kingdom.”

That has rightly raised alarm bells for trade unions such as my union, Unite, and justice campaigns such as the Orgreave Truth and Justice Campaign, who fear that these powers could be used to interfere with the legitimate activities of trade unions.

The Bill grants these powers to a dizzying array of agencies—not just intelligence agencies and the police, but the Competition and Markets Authority, the Gambling Commission and the Environment Agency, just to name a few. The oversight for authorisation of potentially serious crimes is scandalously weak. There are no provisions in the Bill for warrants or independent judicial approval. Instead, authorisation will be granted internally, which means that incredibly serious crimes could be authorised with less oversight than is currently required for phone tapping or police searches. As the human rights group Reprieve has noted, survivors of the spy cops scandal have sought justice through the courts for abuses they suffered, but this Bill will block future claims being brought forward, since it outlaws civil action against authorised activities. That is utterly unconscionable.

In the Bill’s defence, the Government claim that public authorities are bound by the Human Rights Act, and for that reason, the prohibition of crimes such as torture is guarded. In reality, that offers no protection against agent criminality, because in the Government’s view, the Human Rights Act does not apply to crimes committed by covert agents. The Government told the Investigatory Powers Tribunal in November 2019 that, in tasking agents, the state

“is not the instigator of that activity and cannot be treated as responsible for it”.

According to the Government’s own standards, the Bill will therefore not place any limits on the crimes that agents could be authorised to commit—not on torture, not on murder and not on sexual violence.

[Mrs Miller]

Will the hon. Lady give way?

[Zarah Sultana]

I must make progress.

This Bill marks the latest step in a frightening descent into authoritarianism by this Government. In the past two weeks, they have proposed the effective decriminalisation of torture by British soldiers overseas, the shipping of asylum seekers more than 4,000 miles away to be imprisoned on Ascension Island, the ban on anti-capitalist teaching materials in schools and now this—licensing undercover agents to commit torture, sexual violence and murder. This descent into authoritarianism should be a concern to us all. It must be resisted.

Domestic Abuse Bill

Maria Miller Excerpts

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

Two thirds of victims of domestic abuse are women and one third are men, according to the Office for National Statistics. As it happens, two thirds of people who are murdered are men and two thirds of people who take their own life are men. Does anybody seriously want to stand up and say that we should ignore the one third of victims of murder who are women or the one third of those who take their own life who are women simply because they are in a minority? Of course not, and the same should not apply when it comes to domestic violence. Being a male victim of domestic violence should not be less important or more important than being a female victim.

[Mrs Miller]

I am listening to my hon. Friend very carefully and I have read through his amendments very carefully, but I am not clear which aspect of the Bill he is disagreeing with, because this Bill of course covers every victim of domestic violence. What changes does he want to the Bill?

[Philip Davies]

My right hon. Friend makes a fair point, but unfortunately the Bill is not actually quite as it seems. There are references saying that the Government should take note of, and services should be provided on the basis of, the fact that women are more likely to be a victim than a man, but it should be irrelevant. It does not matter whether the victim is a male or a female—it is completely irrelevant—and we should take out any of those kinds of reference. The Bill should be gender neutral. That is the point I am trying to make.

In the rest of the time allowed, I want particularly to focus on my amendment 24, which is about classing parental alienation and when a parent deliberately prevents the other parent from having contact with their child or children for no good reason as domestic abuse. There are thousands—hundreds of thousands—of mums and dads, as well as grandmas and grandads, who do not have any relationship with their children at all, simply because one parent has deliberately and for no good reason turned their child against the other parent. I think they will find it quite extraordinary that all the main political parties are trying to block parental alienation being in the Bill as the criminal offence of domestic abuse. Parliament is failing those people, but I will keep speaking up for them. This is simply cruel—not just for the parent, and the grandparents, deprived of access, but for the children. It should be quite clearly classed as domestic abuse if this is done without any good reason at all.

I am very grateful to the Minister for including parental alienation and preventing contact with children as examples of domestic abuse in the recently released draft of the statutory guidance that goes alongside this Bill. I would have liked to see this in the Bill itself, but I believe that this is a momentous development, as it means that when considering domestic abuse, parental alienation and preventing contact are now specific examples that the Government have highlighted in their guidance. Such individuals, including those men and women who have written to me about their distressing personal experiences and who are clearly suffering now, have a message from the Government that what they are experiencing is clearly abuse. I very much hope that this will be of significant comfort to those who currently feel completely helpless in these situations.

Of my other amendments, I want to highlight one in particular in the time I have left. It is about lie detector tests, which have not come up in the rest of the debate. My amendment 26 would remove the use of lie detector tests. I am on the Digital, Culture, Media and Sport Committee, and we did an inquiry into “The Jeremy Kyle Show”. Many people in this House revile Jeremy Kyle because he used lie detector tests on his programme, and people pointed out that they are not reliable and that they come up with dodgy results. It seems extraordinary that the same people who pointed out that it was outrageous for Jeremy Kyle to use lie detector tests in an entertainment programme because they were not reliable would support using them in something as serious as this, when clearly the tests are just as unreliable as in his case. I would like to see the evidence that says that these tests are accurate and justifies their use, which, by the way, will presumably exonerate Jeremy Kyle; otherwise, we should not touch them with a bargepole. I look forward to hearing the Government’s evidence to support the use of lie detector tests. However, the main important message from me is that parental alienation is and should be domestic abuse.

[Tonia Antoniazzi (Gower) (Lab)]

It is not particularly a pleasure to follow the hon. Member for Shipley (Philip Davies), who talks about the alienation of fathers and grandparents when the family court has given and continues to give parental rights to men who have perpetrated violent crimes against their children. I find it absolutely disgusting.

The ongoing covid pandemic has shone a light on the paucity of services available to victims of domestic violence. Since 2010, funding for services has been decimated, as has been shown time and again, with mainly women and children finding themselves homeless and unsupported after falling victim to domestic abuse. That is why the Bill is welcome, even though it has been a long time coming. The Bill, at its heart, must be about providing services to people who have become victims of abuse by their partner, regardless of their gender. We know that it is mainly women who suffer from domestic abuse, be it physical violence, threatening behaviour or coercive control. The consequence of that could be an unwanted pregnancy.

Throughout lockdown, access to telemedicine has meant that illegal and highly unsafe abortion has almost completely disappeared across Great Britain. That is why I fully support new clause 28, tabled by my hon. Friend the Member for Kingston upon Hull North (Dame Diana Johnson), which would ensure that women in abusive relationships can access care in a way that would not put them in danger. Abortion is essential healthcare, and many women in abusive relationships would seek to end a pregnancy without their partner’s knowledge. The current law puts those women in danger. That situation cannot continue. I welcome that the Minister mentioned a public consultation. The new clause would not change the underlying law on abortion. It would not change the time limit or the many healthcare laws and regulations that govern abortion. It would simply enable the most vulnerable women to access the care they need without the threat of prosecution.

Prosecutions must be brought where a defence of rough sex is invoked. There can never be consent where someone dies—never. I commend the work of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman) on this matter. Protection for women killed by men who claim that consent was granted is surely one of the most basic rights. We should pass into law measures that make it clear that that will not be tolerated. Speaking out on one’s experience of domestic violence is a very brave thing to do. A fear of reprisal stops many from speaking out. That is why I also pay tribute to my hon. Friend the Member for Canterbury (Rosie Duffield), who found it too difficult to come to the Chamber to speak this evening.

Many of the measures in the Bill are welcome, but there is such a hill to climb. We need to keep on protecting victims and their children. That is not just victims of domestic abuse. We must ensure that we provide a safe and fair family court system and that our justice system protects those who have been subjected to sexual assault. The overhaul of the family court for domestic abuse victims will transform so many lives, many of whom I have represented. I welcome the Government’s commitment to amending the Bill so that victims of domestic abuse will be automatically eligible for special measures in the family court.

I have been dealing with a young woman who was groomed and raped at age 15 by a man many years her senior. Her case was not taken seriously, and even though the perpetrator admitted what he had done in a police interview, it was not taken any further. Now, a few years on, this man has been sentenced to prison and is on the sex offenders’ register, but my constituent has suffered the most appalling neglect and lack of support in bringing the case, so much so that she feels worse for doing it. No victim of any crime should ever be made to feel such regret. This is not an isolated incident; we have all dealt with cases where women have not been believed and where children have been endangered. Without proper funding, services cannot be provided to people who need them. Without funding, people fall through the cracks, and for far too long too many have fallen through these cracks and been let down. We cannot let that continue. I think we all, on both sides of the House, agree on that.

[Mrs Miller]

We are dealing with extremely serious issues here, but I have to say that, at times, the passage of this Bill has been a little like the running of the grand national. Whether it is Brexit getting in the way, or general elections, or most recently covid-19, Ministers should get an award for resilience in taking the Bill forward, and we have to make sure that it does not fall at the last hurdle—Becher’s brook, perhaps. We must resist the temptation to make it a Christmas tree Bill—to put in so many things we feel strongly about that the Bill falls, perhaps not in this place but in the other place. My right hon. Friend the Member for Maidenhead (Mrs May) was right to say that we have to make sure the Bill is the best shape it can be.

I am pleased that the Minister listened carefully, not just to Labour Front Benchers, but to the Joint Committee I chaired that looked at the evidence submitted on the first draft of the Bill, and has agreed to make fundamental changes through new clause 15, about including the impact on children of domestic violence; new clauses 16 and 17, responding to recommendations we made about special measures in family court proceedings; and new clause 18, which reflects the Joint Committee’s recommendations on blocking cross-examination of victims by alleged perpetrators. That is important cross-party work, which shows that Joint Committees can add considerable value to the progress of Bills such as this one. I pay tribute to the Ministers for continuing to listen and for acting so swiftly on new clause 20, about rough sex, and to my hon. Friend the Member for Wyre Forest (Mark Garnier), the right hon. and learned Member for Camberwell and Peckham (Ms Harman), and my new hon. Friend the Member for Newbury (Laura Farris) for all their hard work in bringing this to fruition in such a short time.

In common with my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes), I believe that, although there is room for changes such as the inclusion of new clause 20, this is not the time to address the issues—the very serious issues—that the hon. Member for Kingston upon Hull North (Dame Diana Johnson) raises in new clause 28. The rushed nature of its drafting leaves us with a clause that is open to great misinterpretation and does not do justice to the hon. Lady’s entirely honourable intentions in raising the issue. I could not support the new clause if she pressed it to a vote, because without the amendments proposed by my hon. Friend the Member for Congleton (Fiona Bruce), there would be a serious risk of exposing some of the most vulnerable members of our society—victims of domestic abuse—to what would be, to all intents and purposes, an unregulated abortion service, which I know is not the hon. Lady’s intention.

[Dame Diana Johnson]

I am a little concerned about what the right hon. Lady just said. We have the Abortion Act 1967 and a plethora of regulations and professional standards, so even with the telemedicine currently in place, it is governed by regulation and legislation. I would not want anyone to think that was not the case.

[Mrs Miller]

I thank the hon. Lady for her intervention, but she would be encouraging people to undertake abortions outside regulated premises. That is not necessarily her intention, but it is how the amendment could be interpreted.



Let me turn to a couple of issues that the Government still need to consider. First, there is the issue of migrant women, which many organisations have raised as a continuing concern. Equally, I am concerned that there is a lack of evidence on which the Government can base a more concrete solution. I am pleased that the Government have announced a £1.5 million fund to support safe accommodation for migrant women, but I am not pleased that it is yet another pilot because pilots have a tendency to go on, and then we have elections and then nothing really changes. Can whoever is summing up for the Government go into a little more detail on that? In Committee, the Minister touched on the use of the national referral mechanism for trafficking victims as a possible concrete route forward. Could that be scaled up to deal with this issue? How would victims access it?

--- Later in debate ---

[Jess Phillips]

It is a pleasure to follow the right hon. Gentleman the Lord Chancellor. After three years, I am delighted that I might get the last word on this Bill. I will echo some of the thanks that he has laid out.

When I was speaking to the Deputy Chief Whip earlier, he said, “You know on Third Reading, Jess”—which I have not prepared for at all, because I did not think we would actually get to it—“you’re not allowed to just go on about what you want in the Bill,” so I might just sit down, because my forte is going on about what I want in the Bill. As it passes Third Reading, I feel slightly bereft about not updating it anymore. It seems that, since I was elected to this House, it has been going through.

I pay huge tribute to the right hon. Member for Maidenhead (Mrs May) for her work in the Home Office and latterly as Prime Minister. I told a story in Committee about how, on one occasion when she was Home Secretary, I was a candidate in the election so when she visited the refuge where I worked, I was allowed to work from home that day for shame that I might show up the organisation with the Home Secretary there. She visited where I used to work on a number of occasions and has always been, I would say, mostly in the right place around domestic abuse. We would not be here today had it not been for her efforts.

I also pay tribute to the right hon. Member for Basingstoke (Mrs Miller) and the work done by the Joint Committee, which was very thorough and detailed and has definitely led to the Bill being in the position that it is.

[Mrs Miller]

That gives me the opportunity to thank the other members of the Committee in both Houses, the other place and here, for the assiduous way in which they attended the Committee and for the excellent evidence that we were given by a large number of organisations. I also thank the Clerks of the House, who, when it comes to these sorts of Bills, go from a standing start to being ready for action almost overnight. They have our undying gratitude.

[Jess Phillips]

I could not agree with the right hon. Lady more about the Clerks of the House. I had not quite understood, until I was in my current position, exactly how much they do, but I feel as though Kevin from the Clerks’ office is currently on my speed dial and I will definitely be buying a hat if he ever gets married. I feel very close to the Clerks of the House now.

I want to pay tribute to the Ministers on the Bill Committee. Everybody today has rightly paid tribute to Ministers from the Home Office and the Ministry of Justice for their efforts and their open hearts and minds throughout the Bill, and I certainly echo that. I also want to pay tribute to a former Member, Sarah Newton, who is no longer here. I was about to say that she was the first Minister I ever sat down with and talked to about the Bill, but actually I think that was the right hon. Member for Staffordshire Moorlands (Karen Bradley). I pay tribute to them both.

On my side of the House, I first wish to say a big thank you to my hon. Friend the Member for Torfaen (Nick Thomas-Symonds). Since he has taken up his position, he has really prioritised the issue of domestic abuse. In the context of the covid crisis we are currently facing, he is pushing every day for things to be better for victims in England, Wales and across the United Kingdom. My hon. Friend the Member for Hove (Peter Kyle) dealt with these issues very ably in Committee. I also want to make a special mention to my hon. Friend the Member for Canterbury (Rosie Duffield), who felt that she could not speak today. We owe her an enormous debt of gratitude for what she has done.

Inevitably, I am going to forget somebody. Never list a group of people, because you will inevitably forget some of them. I do it with my children, so we will have to see how I go. I wish to thank: Women’s Aid, SafeLives, Southall Black Sisters, the Latin American Women’s Rights Service, Nicole Jacobs, End Violence Against Women, Vera Baird, Hestia, Refuge and every single organisation working every day across the country to support people directly. They have worked on the Bill just as much as anybody in this House. They put a lot of effort into the policy work and we are better representatives for the work they have all done.

I welcome what the Lord Chancellor said with regard to timeliness, and the severity and importance that he puts on the issue around the family courts he mentioned today. I look forward to the details of the review, and the pilot scheme, of migrant women’s support services.

I came to this House inspired by women and children who had been abused. It is an honour to stand in the Third Reading debate of the Domestic Abuse Bill. This place can seem completely otherworldly. The words written in the Bill will seem in many cases completely otherworldly to the vast majority of the people I have supported in my life as victims of domestic abuse. But the message it sends is that we can hear them, and that is a message we should send loud and clear from this place. Finally, in Third Reading part 1, I hope the Bill only ever has a part 1.