Domestic Abuse Bill Debate

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Department: Ministry of Justice
Wednesday 2nd October 2019

(4 years, 7 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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My right hon. and learned Friend speaks with immense experience. He is absolutely right about what we call the section 28 roll-out, which proved in the pilot to be a really successful scheme whereby victims of sexual abuse—child victims—are both examined in chief and cross-examined on video. It is an immensely sensible use of resources. It saves time for the victims. It is all done much more quickly and, as he said, it often leads to a much more sensible resolution in terms of the admission of guilt.

I am very interested in taking that concept further. That does require discussions about resource, and requires me to consult fully with the Lord Chief Justice and the judiciary, as I am constitutionally obliged to do, on its impact. I will obviously have further discussions on that matter and I will discuss it with my right hon. and learned Friend and other hon. and right hon. Members who have both a knowledge of and a commitment to this important issue.

Finally, Mr Deputy Speaker—[Interruption.] Well, I will go on if Members want. I could talk all day about this topic—[Interruption.] Oh, forgive me, Mr Speaker, I demoted you.

The hon. Member for Walthamstow (Stella Creasy) mentioned the Istanbul convention and made a very proper point about the need to fill the gaps, which is why it is important not only to emphasise what the Bill is already doing but to remind ourselves what the convention requires us to do. We have to criminalise psychological violence and to take extraterritorial jurisdiction over that and certain other violent and sexual offences. This Bill, of course, gives effect to that.

Naz Shah Portrait Naz Shah (Bradford West) (Lab)
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I thank the Minister for giving way and welcome his speech. He talks about extraterritorial powers. My constituent Samia Shahid was lured to her rape and murder in Pakistan, but we were unable to pursue that as an investigation. Will this measure include provision to cover that?

Robert Buckland Portrait Robert Buckland
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I am incredibly grateful to the hon. Lady for mentioning honour crime, which, of course, takes many forms. I have dealt with it myself in the context of other types of offending. The extra territorial jurisdiction will, of course, extend to offences of sexual violence, and if this Bill does not do that, then, frankly, we need to ensure that it is as watertight as possible. Again, we can look in detail at those provisions in Committee.

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Carolyn Harris Portrait Carolyn Harris
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I am delighted to congratulate Gwent police. On Monday, my hon. Friend the Member for Gower (Tonia Antoniazzi) and I visited the Liberty stadium in my constituency, where South Wales police launched their Operation Encompass. I pay particular tribute to Russell Dwyer, the head of St Thomas Primary School, who was a pioneer in ensuring that it came to Swansea.

Naz Shah Portrait Naz Shah
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Will my hon. Friend give way?

Carolyn Harris Portrait Carolyn Harris
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I am going to make progress.

We need to secure better outcomes for child victims of domestic abuse. The only way that we will do that is by ensuring that such initiatives are available throughout the country. The Bill also needs to legislate to improve the experiences of survivors and their children in the family courts. Contact arrangements must be based on the child’s best interests, and parental contact should not be automatic, especially where there is evidence that the child could be at risk.

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Carolyn Harris Portrait Carolyn Harris
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My hon. Friend makes a powerful point about housing. We have grave concerns about the housing of victims, which is another issue that we will pursue in Committee.

Reforms are also needed in the benefits system to ensure that survivors do not suffer further financially when escaping domestic abuse. The introduction of separate universal credit payments by default and the abolition of the five-week payment delay for all survivors will prevent abusers from using the welfare system as a means of continued economic abuse.

Naz Shah Portrait Naz Shah
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I thank my hon. Friend. Does she agree that the victim should be central to making decisions about housing? In Bradford, Staying Put will go in and change the locks at no financial cost to the victim and support them in obtaining injunctions and non-molestation orders, so that the victim feels empowered and the process is centred around them.

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Naz Shah Portrait Naz Shah (Bradford West) (Lab)
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I would like to put my thanks on record for the leadership shown by both Front Benches on this important Bill.

For me, the debate is very personal, because domestic abuse has shaped everything I stand for and is what put me on the journey into Parliament. It is brilliant that once the Bill goes through women will have services available and we will have enshrined the definition of abuse in law. That was not always the case, and some women experienced so much abuse, when the services were not there, that they were driven to kill. Twenty-seven years ago, there was such a woman who killed her abuser and went to prison for 14 years. That woman was Zoora Shah, and she was my mum.

Jess Phillips Portrait Jess Phillips
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Does my hon. Friend agree that the recent case of Sally Challen has given voice to the issue? Hopefully, legal change will continue through the Bill to allow people to understand that some of these issues are not simply black and white, but the reality of the lives of people who have been terribly abused. The worst that can happen to a family can easily happen, as she is saying.

Naz Shah Portrait Naz Shah
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I agree with my hon. Friend and thank her for that timely intervention.

Twenty-seven years ago, when Zoora Shah did not have the right services, she went to prison for 14 years. At the time, she did not tell her story. I am talking about this in this debate because I want to talk about specific services for BAME women, especially specialist services that understand domestic abuse, as my former colleague on the Home Affairs Committee mentioned.

It is more complicated for women of BAME heritage. My mother did not talk about being abused because of the concept of honour. I have talked about honour crimes before, and I shall give an example. Had Zoora Shah been arrested by an officer who was non-white, she might have had a different experience. Had she been arrested by a woman of colour, or even a woman of her background, they might have understood her experience of abuse, which drove her to kill. Had she been represented by a female solicitor from her cultural background, she might have had a different experience. Had her case been dealt with by a judge with an ethnic background or who understood her culture, the outcome for her might have been very different. The outcome of my life might have been very different, and that of my siblings and my family.

That is why it is important to have a reflective workforce. It is about having specialist services for women from black and minority ethnic backgrounds who understand the culture. When a lady called Tahmina rang me on a Saturday morning three years ago to say that a girl in Pakistan had been murdered, I could identify it straight away as an honour crime. That girl was not just murdered and buried: she became a campaign and a cause, ensuring that we talk about honour crime and about her rape, and continue to try to seek justice for her.

I have an understanding of honour and the impact of it on me. I will describe it in the words that my dear friend Sal used to me last week:

“Izzat”—

honour—

“is the shroud that covers me, weaved from the threads of my identity, integrity, values and the decisions that I make.”

I am emphasising honour because my mother served extra time in prison—she could not speak up because of the impact of honour. It is a code of conduct in my community by which we behave.

It is apt today that I talk about honour in a different context. Yesterday, The Guardian reported that in my election campaign in 2017 I had felt suicidal because I was dishonoured. My opponent, having a background from my community, knowingly ran a campaign in which a man in the community stood up and actually said, “When we buy a dog, we check its pedigree. Look at Naz Shah’s character, look at her demeanour, her chaal chalan”—as he put it—“and how she presents herself”. What The Guardian did not report was that in this email I equated that to honour abuse, and I do not say that lightly, as a daughter of a woman who at one point in giving evidence about her abuse referred to herself as having become a “mattress” to men. When someone who comes from that background ends up being a Member of Parliament and the shadow Minister for Women and Equalities, sitting on these Green Benches and able to represent the voices of those who are dead and buried thousands of miles away—

Peter Kyle Portrait Peter Kyle
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I am extremely grateful to my hon. Friend for her speech, which is very wide ranging. She is cramming a huge amount into a short time, but we are learning a huge amount. She has mentioned the importance of having staff who are trained in issues relating to different ethnicities and BAME backgrounds and cultures. Does she agree that now that the Government are finally recruiting more police officers, it is essential that these issues are taken into account, as we have the opportunity to get more people into police enforcement?

Naz Shah Portrait Naz Shah
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I thank my hon. Friend for his comment. I absolutely agree with it, which is why I am so passionate. I teach and deliver the diversity session at the national police strategic command course, because I want my experiences to influence that change so that we have a reflective workforce—the police officer, judge and solicitor I mentioned—for all these women.

Importantly, we must recognise that the experiences of women from BAME backgrounds are different. They impact upon us differently and they have ramifications for us. I was literally feeling suicidal during that campaign because my very fabric was being attacked publicly—honour really does play a part. When we talk about men who kill women because of “honour”, because they have been “shamed”, because it has impacted upon their izzat, I want this House to recognise the severity of that—of what it means. Even today, as a woman, I did not recognise my own forced marriage until I was in my 30s. I did not recognise that I was involved in marital rape until I was in my 40s. That is what domestic violence is.

As a proud survivor, I will say this to this House: we may be taking this into account and putting £300,000 into BAME specialist services, but that is not enough. We need much more for those women. We need that specialist service, in order to understand the experiences of migrant women—the experiences of women who do not have English as a first language. We need specialist services.