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.

Major Incident in Essex

Maria Miller Excerpts

Wednesday 23rd October 2019 Commons Chamber

[Priti Patel]

I thank the hon. Gentleman for his considered remarks, and I congratulate him on his election.

There are a number of points. As there is a live investigation, it is right that we focus on identifying the countries of origin of the victims of this horrendous crime. It is fair to say that all Members need to work together, and I am happy to assist any hon. Member who has family connections in their constituency. This is not just about case management. We have to consider the impact on those people, who may themselves also be part of the lines of inquiry on the routes through which the victims travelled.

We definitely need to consider the international routes but, right now, we have to give the police space to investigate. I will, of course, pick up with every single hon. Member should there be anything specific to their constituency.

[Mrs Maria Miller (Basingstoke) (Con)]

Finding those responsible and bringing them to justice will be a priority for our police, our border agencies and, I am sure, the Home Secretary. May I urge her to ensure that the police and the Crown Prosecution Service use the full force of the law that this Government have put in place to tackle modern slavery, particularly by freezing, at an early stage, the assets of those who could be involved so that they are not able to squirrel away their criminal funds from such a murderous activity?

[Priti Patel]

My right hon. Friend is absolutely correct. There have been recent cases where that has taken place, and rightly so. Criminals must be pursued and prosecuted, and we must use every single lever of law enforcement to confiscate their funds and assets. I know that has recently happened in other cases.

My right hon. Friend is right that, as a country, we have levers in our own legislation that enable us to send out a very strong signal internationally. We must do more of that.

Public Services

Maria Miller Excerpts

Wednesday 16th October 2019 Commons Chamber

[Mrs May]

As cyber-crime has developed, it has been necessary for the police to develop their approach, and that is absolutely right. Another thing that I was pleased to do as Home Secretary was to set up the College of Policing, which helps to provide the “what works best” advice to police forces in areas such as cyber-crime, which is, increasingly, the area that we have to look at, in addition to other areas of crime.

[Mrs Maria Miller (Basingstoke) (Con)]

My right hon. Friend is talking about the training of police officers. Does she welcome the approach taken by the Hampshire police force, which involves industry experts in cyber issues through the use of police specials, and will she applaud that approach of getting experts in cyber-crime involved in policing?

[Mrs May]

I am very happy to commend the Hampshire force for the work that it does in introducing specialist specials. It is extremely good. Hampshire has always been one of the forces at the forefront of the use of technology and at looking at these issues around cyber-crime. We want to be the safest place in the world to be online and the best place in the world to set up a digital business, so the proportionate approach set out in the online harms Bill is absolutely right.

I want to say just a word about the Environment Bill, because it will have an enormous impact on people’s quality of life. I was pleased that, when we launched the 25-year environment plan last year, we set out the aim to be the first generation to leave the environment in a better state than when we came into government. That is so important. The debate is often crystallised around climate change, but it is about so much more than that. If we are to deal with these issues, it is about the very small ways that, individually, each one of us can make a contribution. Within the Bill, I am particularly pleased about the work that is going to be done on biodiversity, on protecting natural habitats and, indeed, on waste crime, which afflicts too many of our constituencies.

There are many excellent Bills that will improve people’s quality of life, building on four years of good Conservative Government and nine years of Conservatives in government. None the less, I wish to press the Government on three areas. The first is on mental health. The work done by Sir Simon Wessely and his team in reviewing the Mental Health Act 1983 was incredibly important. Some of the findings of that work were truly shocking, particularly in relation to the way some people in mental health crisis were being treated. It is important that this Government not only consider the Government response to that review of the Mental Health Act as soon as possible, but commit to introducing new legislation—a new mental health Act—to deal with these issues. I sat and listened to the testimony of some service users, and it was truly shocking to hear how they had been treated as second-class citizens, or worse, in their treatment. We do need to address that.

Domestic Abuse

Maria Miller Excerpts

Tuesday 16th July 2019 Commons Chamber

[Victoria Atkins]

I thank the hon. Lady for her response, and for the constructive and co-operative approach she has taken to this Bill and to many other matters. She is always a constructive critic of the Government, and rightly so, but I thank her and her colleagues for the spirit in which they are engaging in this. I must also pay tribute to and thank colleagues from across the House, on both sides, who have always been incredibly constrictive in their approach to this. I hope that that will continue, because I am sure we all want to see domestic violence stop.

The hon. Lady asked me about the domestic abuse commissioner. I am happy to confirm that we are appointing the commissioner, because we want the commissioner to hold national and local government to account. The commissioner will have the power to publish reports and make recommendations, and, crucially, statutory agencies will be required by law to respond to those recommendations publicly. We believe that will exert great pressure on local authorities to ensure that they are doing right by their local communities. Of course, in line with the Ministry of Housing, Communities and Local Government consultation, albeit that we are not prejudging its result, there will possibly be a further statutory duty through that route, to ensure that we have co-ordinated effort.

The hon. Lady raised the matter of family courts. We are reviewing practice direction 12J and the operation of the family courts more widely. I understand that we are aiming to report in September, and I know that the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar), has this very much at the forefront of his mind.

I am grateful for the hon. Lady’s comments on migrant women. She knows how complex these issues are, but we are very much entering into this with the right spirit and we look forward to help from across the House on what more we can do to protect migrant women.

I absolutely understand charities’ campaigns and the emphasis that they put on children, given the terrible impacts that domestic abuse has on them and their life chances. I often see that myself in the context of youth workers working with gang members; domestic abuse is a prevalent factor in the lives of some of those children. We will be ensuring that statutory guidance recognises the effect of domestic abuse on children, which is significant because it will have an impact on local commissioning. The domestic abuse commissioner will also be encouraging good practice in the identification of children, and we will consider whether we need to amend the definition of “harm” in the Children Act 1989 to explicitly include the impact of domestic abuse on children. The hon. Lady will know that we are investing £8 million to deal specifically with children who are the victims of domestic abuse, and of course, as I say, the MCHLG consultation plays an incredible part.

I am also delighted to confirm that this is not just a commitment of this Prime Minister, but a commitment of the Government. We have the extra confirmation of both leadership candidates’ teams having confirmed to me that not only do the candidates support this Bill, but they will progress with it in the autumn.

[Mrs Maria Miller (Basingstoke) (Con)]

I welcome my hon. Friend’s statement. I thank the Government for introducing a groundbreaking piece of work, and I thank the Prime Minister personally for her incredible leadership in making this issue central to this Government’s programme of work. It was a great privilege to be able to chair the Joint Committee, and I thank members of that Committee, from both this place and the other place, for their commitment, hard work and tenacity. Above all, I thank our Clerks, who did an incredible piece of work in a very truncated time, producing a top-quality report. I am pleased to see that the Government have welcomed the majority of its recommendations and have either accepted or partially accepted them.

The Joint Committee’s most significant concern was the plight of migrant women with no recourse to public funds. In her statement, my hon. Friend underlined the Government’s support for action on this issue to make sure that the gap in support is closed. Is it her objective to ensure that migrant women can be treated in the same way as any other victim of domestic abuse in terms of support, particularly given the welcome announcements by the Government on the introduction of the statutory duty in respect of the provision of refuge places? Will she assure me that she will redouble her efforts to make sure that any new support that is in place cannot be open to abuse, as that would discredit that support and affect the women who need it in order to survive?

[Victoria Atkins]

I thank my right hon. Friend for her sterling work chairing the Committee. She has given so much time, effort and service to the House in doing so, and I am extremely grateful. It was a pleasure when she agreed to chair it, because I knew not only that it would be chaired well, but that the Committee would leave no stone unturned in its scrutiny of this Bill and of the Government’s action. Again, I place on record my thanks to members of that Committee.

I also thank my right hon. Friend for raising the issue of migrant women. She knows, as the Committee does from the evidence it has taken, just how complex this issue is. She has alighted on the point about possible abuse of the system. That is one of the many factors that the Government must consider as part of their review, and it is fair to say, from meetings and roundtables that I and other Ministers have held with hon. Members and stakeholders on this issue, that everyone recognises that we need to deal with it, but in a sensitive way that does not have the potential for unintended consequences. I am delighted to put on record the fact that women who are victims of domestic abuse are just that—victims of domestic abuse—regardless of their migration or other status.

Modern Slavery Act: Independent Review

Maria Miller Excerpts

Wednesday 19th June 2019 Westminster Hall

[Mrs Maria Miller (Basingstoke) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Main. It is also a great pleasure to speak in this debate, after having the privilege of working with the right hon. Member for Birkenhead (Frank Field) and Baroness Elizabeth Butler-Sloss from the other place. I am a newcomer to the issue of modern-day slavery and I have learned so much from the right hon. Gentleman. The report will add much to the work that needs to be done, which the hon. Member for Gedling (Vernon Coaker) has talked about.

Modern-day slavery is a human tragedy that is still happening in our communities today—we have to acknowledge that if we are going to move forward. My right hon. Friend the Prime Minister has done more than anybody in raising this issue in the last decade, in this place and outside, but there is still so much more to be done. She made a very powerful speech at the International Labour Organisation just a few days ago, reminding us of the progress that has been made. The UK has led on this issue over the last decade, and that work has led to 90 Governments endorsing the call to action on modern slavery, which the Prime Minister launched in 2017.

Although we have done more than almost any other country in the world, and have some of the best legislation, it is important that we recognise that more needs to be done. In her speech, the Prime Minister recognised that, and in my remarks, I want to pick up that theme of raising awareness. The Prime Minister said—this is very important—that “ordinary shoppers” can

“vote with their wallets, to shun those companies that do not make the ethical grade.”

I was delighted to see in her speech that the Prime Minister is committing to one of the things that our report called for—a new registry of modern-day slavery transparency statements, to make it easier for the people we represent to be aware of what companies are doing and how they are taking the need to stamp out this appalling abuse seriously.

We need to go further than that, and awareness is of paramount importance. The hon. Member for Gedling says that everyone knows this is a problem, and we do here, but I am not sure whether it is quite as salient out in the communities as he and I would want it to be. I urge the Minister to consider the work of individuals such as Dr Rosie Riley, who has set up VITA—Victim Identification and Trafficking Awareness—which works in the NHS to ensure that victims and survivors get the help they need at the frontline from people working in emergency departments. The Minister needs to go even further and make sure that we are doing everything we can to make our constituents aware of modern-day slavery. I pay tribute to the work of the Church, which has developed an amazing app on car washes.

We need to go further, and that has to be an important focus of the new commissioner. I will come to that in a moment. It is important that businesses will be under more pressure to publish statements of compliance, but we need to make sure that those statements are properly scrutinised. Our report recommends that that role is taken on by the commissioner, so that the statements do not just become lip service.

I believe that the commissioner’s role needs to have at its core raising awareness of the issue of modern-day slavery in our communities, up and down the country. We must also make sure that the role is independent from the Government. The Minister will be aware of the comments of the Joint Committee on the Draft Domestic Abuse Bill, which I chaired, about the slightly haphazard way in which commissioners are being set up. I hope the Minister will listen to the comments in this report and from that Committee, and make sure that we have some proper consistency in the way commissioner roles are dealt with in the future.

I want to raise one thing that is not in the report—I hope that is allowable, Mrs Main. One of the things we wanted to look at, but were not able to because of the terms of reference, was the issue of prostitution. There is strong evidence—much of which was brought forward by the hon. Member for Rotherham (Sarah Champion)—of the very close relationship between modern-day slavery and prostitution. We in the UK need to look carefully at our laws, which are potentially acting as a magnet for those who want an easier place to operate as traffickers of people who they want to sexually exploit. I hope the Minister will be able to comment on that.

In the foreword to our report, we talked about setting up an implementation group to hold the Government to account. The Minister knows me and the right hon. Member for Birkenhead well enough to know that we will do exactly that, and that her feet will be firmly held to the fire—not only on implementing the things to which I know the Government are committed, but on ensuring they look very carefully at all the recommendations in the report. Modern-day slavery is a human tragedy, and we cannot allow it to continue or get worse on our watch.

--- Later in debate ---

[Carolyn Harris (Swansea East) (Lab)]

It is a pleasure to serve under your chairmanship, Mrs Main, and I congratulate the right hon. Member for Birkenhead (Frank Field) on securing this important debate. I thank all those who have spoken so eloquently today. I welcome the independent review of the Modern Slavery Act 2015, and its robust and detailed recommendations, and I congratulate all those involved in producing the report. Modern slavery is an abhorrent, vile, devastating practice, and we must do everything in our power to ensure it is stopped. Those who fall victim to it must be fully supported on their journey out of modern slavery, and given the dignified care they need.

During my time as an MP and a shadow Minister, I have spent many hours meeting victims of modern slavery, and hearing the tragic stories of how they were stripped of their rights, violated, and subjected to abuse and inhumane work and living conditions. The review highlighted the significant scale of modern slavery in the UK. In 2017, 5,143 potential victims were referred through the national referral mechanism, 41% of whom were children. The number of victims who sadly go unreported will obviously be much higher.

Along with CORE, the UK civil society coalition on corporate accountability, the review highlighted weaknesses in the introduction of section 54 of the Modern Slavery Act, “Transparency in supply chains etc”. An estimated 40% of eligible companies are not complying with the legislation at all, and there are currently no penalties for non-compliance. When statements are shared, they are often generalised and do not provide the detail required to be sure that modern slavery is not taking place. Consequently, if companies have victims of modern slavery in their supply chains, little has been done by organisations to eliminate it.

Much more needs to be done to strengthen the legislation, first by mandating companies to report on the six areas that the Act requests, and secondly by ensuring consequences if they do not report. That commitment from companies could also provide an opportunity for a co-ordinated approach to issues that arise in multiple supply chains. If the UK wishes to lead the way on this issue, it must ensure that such structures are in place, and enforced, so that companies report on their supply chain. A further problem that I have raised a number of times, which was also identified in the review, is the lack of information about victims once they leave the NRM. The fact that such information is not properly recorded leaves hugely vulnerable individuals at risk of being re-trafficked. No knowledge is kept of their whereabouts, which is simply not good enough.

I also wish to mention the gendered nature of modern slavery. I understand that the law on prostitution could not be addressed in the review as it fell outside its remit, but I am pleased that that work will now be carried out, together with colleagues in the all-party group on prostitution and the global sex trade, for which my hon. Friend the Member for Rotherham (Sarah Champion) has done such brilliant work. Although the issue was not addressed in the review, many who gave evidence stated that because—unlike other countries in Europe—England, Wales and Scotland do not having a sex buyer law, they could be more of a target for traffickers. The sex buyer law on prostitution decriminalises all those who are prostituted. During my time as an MP I have met countless women involved in prostitution, and I have heard their harrowing stories of exploitative relationships and the dangerous situations they have been put in. We must ensure that England, Wales and Scotland are not easy targets for traffickers because they do not have a sex buyer law.

The UK Government can say warm words, and repeat the same lines about what they are doing to help victims and protect them from modern slavery or being re-trafficked. However, unless our police force and support services are properly resourced to undertake that mammoth task, those desperately needed changes will not come about.

[Mrs Miller]

The hon. Lady set out the issues around the law on prostitution in the UK, and she made a clear case for why a sex buyers law has helped to reduce sexual exploitation in other nearby countries, leaving the UK with quite different laws. Will those on the Labour Front Bench support a change to the law in that area?

[Carolyn Harris]

I will answer by saying simply that it is a work in progress.

In 2015 there were 17,000 fewer police officers in England and Wales than there were in 2010, and regardless of the way that is spun, it will have an impact on helping victims of modern slavery. We can get closer to eradicating this heinous crime if there is a properly resourced, co-ordinated approach by companies, politicians and other supporting bodies, who commit to meeting the expectations of the Modern Slavery Act 2015. There is a huge opportunity to be world leaders in removing this horror from our society, but there must be more enforcement and it must be properly resourced. The consensus we have heard today should, and I hope will, motivate the Government to implement the recommendations as soon as possible. Again, I thank everyone who was involved with this remarkable and insightful piece of work.

International Women’s Day

Maria Miller Excerpts

Thursday 7th March 2019 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I beg to move,

That this House has considered International Women’s Day.

It is a great pleasure to see you in the Chair for this debate, Madam Deputy Speaker, and a great pleasure to lead this debate. I was the 265th woman ever to be elected to this place—I think many of us memorise our number because it is important—and I am proud to be the first ever Chair of the Women and Equalities Committee, which was made permanent by this Government. I pay tribute to the members of that Committee who are present here today, those who have been members in the past and those who have served on our Committee’s staff. We will continue to work to keep the issues that affect women right at the top of the political agenda. May I also, on behalf of the whole House, thank the Backbench Business Committee for allocating time on the Floor of the House, demonstrating the importance of this debate?

In this relatively short debate we have the opportunity to celebrate, reflect on and contemplate the lives of women under this year’s theme of forging a more gender-balanced world. There is much to celebrate and we should not be shy in doing so. One hundred years ago, Nancy Astor was the first woman to take her seat in this House of Commons. I am proud that she was, like me, a Conservative woman, and that she was not afraid to speak out. She very much serves as a reminder to us all of our obligations to speak truth to power, even if that sometimes does not make us very popular. One hundred years on, we have our second female Prime Minister, tackling the most difficult political issues that this country has seen in our political lifetime—again, following in that tradition of Conservative women speaking truth to powerful EU leaders on our behalf.

There are record numbers of women in work in this country, and that economic empowerment of women is the pathway to equality. The UK has some of the best anti-discrimination laws in the world and a gender pay gap that, for women under 30, has all but evaporated. This Government have shown that they understand the challenges faced by women who have children and want to return to work, with their returnships programme. The expansion of apprenticeships has also helped women positively to progress in their careers, and there are programmes that give women access to complete degree-level qualifications, including my constituent Karen Russell, who works for Hampshire Hospitals NHS Foundation Trust. After 14 years as a healthcare assistant, Karen has been supported to develop and complete her degree qualification while working part time and looking after her family, and she is now a staff nurse in our hospital emergency department. This is the support that women need so that they can be economically independent in the future.

[Eddie Hughes (Walsall North) (Con)]

I have a vested interest in making this intervention. My daughter is doing legal exams today, and 68% of women accepted as law undergraduates this year were women. That bodes very well for the future of the legal profession.

--- Later in debate ---

[Mrs Miller]

I thank my hon. Friend and fellow member of the Select Committee for raising that point. I am married to a lawyer who works for the firm Kingsley Napley, where more than 50% of the partners are women. However, I urge my hon. Friend to look at some of the other law firms in the City of London that do not have the same proportion of women at the top, and to encourage his daughter to look for those good employers so that she, too, can progress right the way through to the top.

[Mr Jim Cunningham (Coventry South) (Lab)]

Could the right hon. Lady tell us what progress has been made regarding the pay gap between women and men?

[Mrs Miller]

The hon. Gentleman raises a really important point. I think that the biggest amount of progress has been in the Government making companies publish their gender pay gap; for the first time ever, the pay gap has become an issue that is on the agenda of businesses throughout the country. However, in answer to the hon. Gentleman’s question, there has not been nearly enough progress. Although the gender pay gap has all but evaporated for women under 30, for older women it is alive and well, and we need to resolve it. I will come to that issue later in my speech.

Like my hon. Friend the Member for Walsall North (Eddie Hughes), I believe in equality of opportunity. We need to continue to look for ways of ensuring equality of opportunity for women in our communities. As women we are resilient, but we are so resilient that we sometimes need to stop and appreciate the blatant discrimination that still pervades our lives every single day, and which still denies some women the level playing field of opportunity. Too many women’s confidence is sapped—their career even destroyed—by bullying and sexual harassment at work. Forty per cent. of women in this country, and millions more around the world, suffer sexual harassment.

That issue was well highlighted this week by the day of action that the hon. Member for Birmingham, Yardley (Jess Phillips) and I hosted, when women from across the country, supported by CARE International, came into Parliament to lobby Members of Parliament to support the new International Labour Organisation global convention, which will outlaw sexual harassment and abuse at work in every country in the world, if it gets the support of their Governments.

Discrimination is still blatant because so much of the enforcement of the laws that we have passed in the UK is not working as we would want it to. In the Government’s new good workplace report, they set out the importance of enforcement of workplace rights, and they are right to do so. However, I urge the Minister for Women also to look at the enforcement of anti-discrimination laws and the laws that pertain to health and safety, as well as others that are being looked at as part of the good workplace report. Legislation puts enforcement powers for those anti-discrimination laws into the hands of the Equality and Human Rights Commission, but if it is not exercising those powers, we should give them to somebody who does. No one should be prepared to stand by and watch more than 50,000 women a year leave their jobs simply because they are pregnant, even though we already have laws in place to prohibit that.

One in eight women in this country want to start their own business, often as a way to create their own business culture, yet they find that just 9% of funding for start-ups goes to women, despite women-led businesses delivering double the returns on investment for financial backers. When a woman looks to Parliament to fix the problem, she might see a very strong Prime Minister admired for her resilience, but on these green Benches—well, perhaps not today, but usually—she will see that just one in three MPs are women. As I have said, the most important way to build in a resilient equality between men and women is through women’s economic empowerment—women’s full participation in work, including here.

The truth is that many of the barriers in women’s workplaces, including those that remain here, are in need of reform. With regard to the laws that we are so proud of having passed in this place, the reality is that a lack of enforcement on the ground often makes them worse than useless for many women. Most women do not work in the City of London, in large accountancy or law firms or in City institutions that may have modernised their approaches. Our constituents face a very different workplace, often still stuck in the ’70s, with presenteeism, a long hours culture, a lack of flexible working, employers who routinely use non-disclosure agreements to cover up discrimination, and management who look down on dads who want to take parental leave to share in the care of the newest members of their family.

[Hannah Bardell (Livingston) (SNP)]

I know that the right hon. Lady’s Committee has been doing a lot of work on non-disclosure agreements and she has very much led the charge on that. It is a very complex legal issue, but does she agree that a starting point could well be to compel companies legislatively to publish the number of NDAs that they use, the reason that they use them, and how many they use each year?

[Mrs Miller]

The hon. Lady brings up a very important possible solution, which our Committee will certainly look at. We have been struck by how many companies and organisations do not use NDAs at all, particularly the Government. Some people have said that the reason the Government—or the civil service—do not use them any more is the oversight of Ministers and the media, so, as she says, transparency may well be a way forward.

We have to shake free from the notion that a modern workplace will cost too much to deliver and be too much of a burden on business, because the fact that millennial dads tell us that they would rather downgrade their jobs than take a promotion or a pay rise because they cannot balance their family and work commitments indicates that productivity is really under threat. With more than 1 million economically inactive mums not working because there are not the jobs that allow them to look after their kids and work as well, we have a real problem to tackle. As labour becomes in shorter supply after we leave the EU, it is a problem that we cannot afford to continue to sweep under the carpet. We need modernisation and reform.

That message of modernisation is for this place, too. One of the very first reports by the Women and Equalities Committee was on women in the House of Commons. I was struck by the plans that all political parties have in place to address the under- representation of women in Parliament. The proof of the pudding will obviously be at the next election as to how many get elected. There is no way of disguising the real appetite for change among the parties, but can we identify the same appetite for change with regard to Parliament itself? Can we be so sure, when the political parties are recruiting a new generation of female MPs, that they will be arriving in a place that they want to stay in, or will it still look as though it is in a time warp?

Very good work has been done by Professor Sarah Childs, thanks to Mr Speaker’s significant commitment to modernising this place. He put his money where his mouth is and commissioned her to produce a report in which she painted a picture of what a good Parliament looks like. Some of those measures have been taken up—in particular, proxy voting for parents with new children. I note that Madam Deputy Speaker was in the Chair when that change to Standing Orders went through; we thank her for her support. We do not now routinely sit through the night, and there are some rudimentary family facilities in Parliament. The crèche is important. However, what someone whose children are beyond crèche age needs as a parent is certainty about what they are doing day by day, so that they can plan what they might be doing on a particular day. That certainty is wholly lacking in this place, as evidenced by this debate, which should have started about two hours ago. We need to do more to make sure that parents, whether they are commuters or need to get back to their constituencies to look after their children, have certainty as to when we will be sitting here. I can see one or two hon. Members nodding vigorously at these comments.

[Hannah Bardell]

Does the right hon. Lady agree that implementing a process such as the Scottish Parliament’s set decision time, together with electronic voting, which would seriously reduce the amount of time that we waste in this place, would be two very positive steps forward?

[Mrs Miller]

The hon. Lady is probably pressing me a bit too far on electronic voting, but I definitely think that the Scottish Parliament has a very sensible way of organising its day. People know that voting will take place at a particular time, so they do not lose that opportunity to get together, to see each other and to have all the important conversations that they need to have as a body of people, but they do it at a regular time during the day. We can stay here until 1 o’clock in the morning debating all we like, but it should not be at the expense of people’s family life. One colleague has told me about the real problems of not being able to get home at night for her teenage children. We are neglecting this at our peril, because such good women will vote with their feet and not necessarily stand for re-election at the next election.

This is partly why the Women and Equalities Committee has decided to set up a Sub-Committee to scrutinise the implementation of a recent report, “UK Gender-Sensitive Parliament Audit 2018”, published by a group of MPs including my hon. Friends the Members for North East Hampshire (Mr Jayawardena) and for Chelmsford (Vicky Ford), the hon. Member for Luton South (Mr Shuker) and the hon. Member for Glasgow Central (Alison Thewliss), as well as Members in the other place. The report looks at how we could make the House of Commons a better place to be a female MP.

[Helen Whately (Faversham and Mid Kent) (Con)]

My right hon. Friend is making some very powerful arguments on the way that this place could change to make it a better place for female MPs and mothers, but does she agree that such changes would be good for fathers as well? I have had quite a few conversations with dads with young children about how difficult they find some of Parliament’s practices and hours.

[Mrs Miller]

My hon. Friend makes an extremely good point. Many of our colleagues have young children and have partners who are working; they have the same pressures on them as their constituents.

A gender-sensitive Parliament would be good for everybody. We have lacked to date a process and procedure to take these really good ideas and make change in this place. Change is glacially slow, and we have to change that and make these things happen. The Sub-Committee has not yet formed and met, but it will look at the strong recommendations made by the “UK Gender-Sensitive Parliament Audit”, which include increasing the predictability of parliamentary business, reforming the sitting hours, eliminating bullying and harassment, and implementing the new behaviour code and grievance procedures—the list goes on. I hope that Members will agree with what I hope will be a change to the Standing Orders, so that our Committee can scrutinise what not only the Government but Parliament are doing on these issues.

As a House of Commons, we have not grasped this issue in the way we need to and in the way that most modern Parliaments have. I am immensely proud to be a Member of Parliament and to be the first ever woman to represent my constituency. Indeed, I am still the only woman to ever represent a constituency in north Hampshire, although we have quite a few incredibly powerful women elsewhere in Hampshire, one of whom was just sitting on the Front Bench. It is our responsibility to ensure that the women who follow us have more opportunity and economic empowerment and that our daughters—wherever they live, and whatever their race or religion—have the same opportunity as our sons.

[Several hon. Members rose—]

--- Later in debate ---

[Mrs Miller]

I thank all Members who have taken part in this excellent debate. It is right that we remember Nancy Astor—an extraordinary woman who had the courage to be the first woman to sit on these green Benches. The unacceptable abuse that too many women parliamentarians face today means that courage is a necessity for all of us who are elected to public life. To women around the country, whether they are councillors, mayors, police commissioners or Members of Parliament, I say, “Courage calls to courage everywhere”, and happy International Women’s Day tomorrow, which is also my youngest son’s 17th birthday.

Question put and agreed to.

Resolved,

That this House has considered International Women’s Day.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I have to inform the House of corrections to the results of some of yesterday’s deferred Divisions. In each case, there was one power Aye vote than previously announced. On the motion relating to electricity, the Ayes were 301 and the Noes were 44; on the motion relating to gas, the Ayes were 299 and the Noes were 44; on the motion relating to food, the Ayes were 302 and the Noes were 44; on the motion relating to electronic communications, the Ayes were 300 and the Noes were 257; and on the motion relating to road traffic, the Ayes were 300 and the Noes were 251.

Oral Answers to Questions

Maria Miller Excerpts

Monday 21st January 2019 Commons Chamber

[Caroline Nokes]

The EU settlement scheme is a really crucial part of making sure that the 3.4 million EU citizens living here can absolutely evidence their right to stay here through a digital status in line with 21st-century requirements. The hon. Lady will have heard my right hon. Friend the Home Secretary talk in positive terms about how important this scheme is. We have now opened the final phase of testing before the whole scheme goes live at the end of March.

[Mrs Maria Miller (Basingstoke) (Con)]

The Government are right to be working hard to secure a Brexit deal, but if no deal is reached, can my right hon. Friend reassure EU citizens living in our county of Hampshire and elsewhere in the UK that their rights will still be guaranteed? This is important and it needs to be clear, not just to citizens but to businesses as well.

[Caroline Nokes]

Picking up on the final part of my right hon. Friend’s question, last summer we launched the employer toolkit to enable employers best to communicate to their employees the settled status scheme. She is right to point out the concerns that many may have about the event of no deal. I would like to reassure her that across Government we are working incredibly hard to avoid a no-deal outcome. However, the Department for Exiting the European Union was very clear about the protections afforded to EU citizens in the event of no deal, and we believe that our offer to them is generous. Deal or no deal, the scheme will open publicly at the end of March, and it is crucial that as many citizens as possible apply.

Oral Answers to Questions

Maria Miller Excerpts

Monday 29th October 2018 Commons Chamber

[Victoria Atkins]

I thank the hon. Lady for chairing the Environmental Audit Committee’s inquiry into this important subject. It was a pleasure to appear before the inquiry some weeks ago. She is absolutely right: these criminals do not restrict themselves to exploiting human beings, but break every rule going. That is why we are leading a cross-governmental approach, having regard to environmental offences as well as offences of labour exploitation, such as failing to pay the minimum wage. We want the message to go out to these criminals loud and clear that we will not tolerate modern slavery, whatever form it takes.

[Mrs Maria Miller (Basingstoke) (Con)]

Many businesses want to show more clearly how they are trying to tackle modern slavery in their supply chains, as some need to in law. Will the Minister’s modern slavery team talk to her equalities team and learn some lessons on how we are showing gender pay gap reporting, which is making that information more readily available?

[Victoria Atkins]

I thank my right hon. Friend for the important work that she is doing on the review of the Modern Slavery Act 2015, along with the right hon. Member for Birkenhead (Frank Field) and Baroness Butler-Sloss. I hope that the review will help us to tackle the problem that some—although not all—businesses have with meeting their duty under the Act to report that their supply chains are slavery-free. We have started that work already: last week, in celebration of Anti-Slavery Day, we wrote to 17,000 businesses across the country setting out our expectation of their compliance with the law.

Gender Pay Gap

Maria Miller Excerpts

Wednesday 18th April 2018 Commons Chamber

[Victoria Atkins]

I assure the right hon. and learned Lady that my right hon. Friend the Home Secretary is taking a very keen interest in this urgent question and the issue. I welcome her ingenuity of thought. Watch this space.

[Mrs Maria Miller (Basingstoke) (Con)]

The Government’s action means that large companies cannot hide their gender pay gap any more. We should commend the Government on that. That action means that we have transparency of information, and I believe that that transparency will create a momentum for change. If we are to make that momentum as fast as it can be, will my hon. Friend the Minister outline for the House the work that the Government will do to review some of the causes of the gender pay gap, particularly the discrimination that pregnant women still endure in the workplace? What work will the Government do to make sure that pregnancy discrimination is outlawed in this country in the same way that the Minister is trying to outlaw the gender pay gap?

[Victoria Atkins]

I am extremely grateful to my right hon. Friend for that question; I am always grateful for her thoughts and suggestions on this issue and the other subjects that her Select Committee examines. I completely endorse what she said about pregnancy discrimination: discrimination on the grounds of pregnancy is unlawful and wrong. Anyone who suffers from that form of discrimination has the support of the law. My right hon. Friend and other colleagues have raised the issue of the three-month time limit. Tribunals have the power to extend that time limit if they feel it is just and equitable to do so, but I am very conscious of the issues that colleagues have raised in relation to the time limit and am looking into it.