Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Peter Bone Excerpts

2nd reading: House of Commons
Friday 16th December 2016 Commons Chamber

[Madam Deputy Speaker (Mrs Eleanor Laing)]

May I say how delighted I am to see Members waving their Order Papers instead of putting their hands together? Progress.

[Mr Peter Bone (Wellingborough) (Con)]

On a point of order, Madam Deputy Speaker. I have a unique procedural point—certainly I have never come across it since I have been in Parliament. On 7 December, the House passed by 448 votes to 75 an Opposition motion that includes the private Member’s Bill that I am to present today. Unfortunately, because of the length of the first debate, we will not reach my Bill. However, we have had seven hours of debate on an Opposition day, so when I move the motion at 2.30, would it be appropriate for nobody to object to it, because the House has already debated the exact motion for seven hours? Is that how it works?

[Madam Deputy Speaker]

Well, I fully understand the point that the hon. Gentleman is making. In fact, it might possibly be a genuine point of order, but he knows that, regardless of the length of time a matter has been debated in this House, if the House decides that it wishes to support a motion or a question and no one opposes it, then of course it will pass without opposition. However, if even one person opposes the Bill—he knows this very well—I will be obliged to require further consideration. I am grateful to him for raising that unusual point, whether or not it is a point of order.

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

Peter Bone Excerpts

Report stage: House of Commons
Friday 24th February 2017 Commons Chamber

[Mr Nuttall]

The short answer is no; I cannot think of anything. I would be very interested if anyone else present could come up with any measure that we are prevented from introducing because we have not yet ratified the convention. In fact, as the previous intervention demonstrated, the Government have quite happily brought forward lots of proposals to tackle these matters already, and quite rightly. I have my own ideas about what we could do to try to tackle domestic violence, and I am interested in whether Opposition Members would support me. For example, we could start by saying that those who are convicted of domestic violence and sent to prison are required to serve the full length of their sentence, rather than being let out halfway through. If we are talking about sending signals, let us send the good signal that if someone commits an act of domestic violence and is sent to prison, they would have to serve the full length of their sentence. There are things we could do that I would be very much willing to support.

It is not even the final step when the report is finally tabled by the Secretary of State—

“as soon as reasonably practicable”—

and sets out the timetable. The final step comes afterwards. Even when the Secretary of State has finally determined that the United Kingdom is compliant with the Istanbul convention, a date by which the convention will be ratified does not have to be set. Following the amendments made, the Bill simply states that

“the Secretary of State would expect the Convention to be ratified”,

so another small delay is built in there. But then what happens? What is the purpose of the Bill then?

Previously, the purpose of the Bill would have been to report on progress every year until ratification and then, after ratification, to report on how the Government were doing. All the reporting after ratification has now been removed, and reports will be prepared only until ratification. There is no mechanism under this Bill—I stress under this Bill—to measure the various things set out in it, which the promoter must have thought were important at the time it was drafted. Those include measures to

“protect women against violence, and prevent, prosecute and eliminate violence against women and domestic violence”—

there is a long list.

[Mr Peter Bone (Wellingborough) (Con)]

I have come along today to support the Bill, but it has been watered down so much that I am not entirely sure which way to vote on Third Reading. I am interested to hear what the Minister has to say before I make my mind up, but what would by hon. Friend’s advice be?

[Mr Nuttall]

I am grateful to my hon. Friend for that intervention, because he raises an interesting point. Many supporters of the Bill will, like him, look at what has happened this morning and at the changes that have been made and think, “What is the purpose of this Bill?” Even people who, like him, were sympathetic towards it could now look at it and think, “Actually, there’s no real purpose to the Bill anymore.” I hope my hon. Friend has been persuaded that any measures he may have in mind to reduce domestic violence against women and men could be taken regardless of whether the Bill goes through; it is merely virtue signalling—we are merely sending a message. The Bill does nothing of itself to reduce violence against women and girls or men and boys.

Understandably, the Government say they cannot ratify the treaty until they know they are compliant in every respect, although, of course, lots of other countries have managed to ratify it, and as we heard earlier, a lot of them have done so by making reservations.

I have worked through the text of the Bill, but I want now to touch on another reason why the Bill is not necessary. A procedure already exists in law to govern the way this House ratifies international treaties. The Constitutional Reform and Governance Act 2010 was passed by the coalition Government in 2010 and came into force on 11 November 2010. It gave this House and Parliament a new statutory role in the ratification of treaties. It did not go as far as giving Parliament the power to amend a treaty, and nor does this Bill give it the power to change anything about the Istanbul convention. However, part 2 of the Act did set out a very clear procedure, and I submit that that is one we now need to follow.

There is a general statutory requirement to publish a treaty that is subject to ratification or its equivalent. The Government must lay the treaty before Parliament for 21 sitting days. That provision put into statute what was previously known as the Ponsonby rule, which was named after Arthur Ponsonby, the Parliamentary Under-Secretary of State for Foreign Affairs in 1924, during the debate on the treaty of Lausanne, a peace treaty with Turkey. The 2010 Act allows both Houses the opportunity to pass a resolution that a treaty should not be ratified during the 21 sitting days. If neither House does so, the Government are then able to proceed and ratify the treaty. If either this House or the other place votes against ratification, the Government cannot immediately ratify the treaty. Instead, the Government must lay a statement to explain why they wish to proceed with the ratification process.