Domestic Abuse Bill

Debate between Maria Miller and Tonia Antoniazzi

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

[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.