Domestic Abuse Bill

Peter Gibson Excerpts

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

[Stephen Timms (East Ham) (Lab)]

I am pleased to follow the hon. Member for Cities of London and Westminster (Nickie Aiken), but I was disappointed that she struck a more partisan tone than other speakers have done today and perhaps did not recognise as fully as she might the contribution to the Bill that has been made by Members on the side of the House. I am glad that it has been acknowledged by others across the Chamber.

I want to speak specifically on new clause 22, on access to public funds for survivors of domestic abuse. People are often surprised to discover that there is a large number of law-abiding, hard-working families in the UK, often with children born here, sometimes with children who are UK nationals, whose immigration status is subject to the no recourse to public funds condition. In the Liaison Committee on 27 May, I asked the Prime Minister about the position of a Pakistani-origin family in my constituency whose two children were both born in the UK. The father had stopped work because of the coronavirus lockdown, and the family were being forced into destitution because they had no recourse to public funds. The Prime Minister’s answer was that a family in that situation

“should have support of one kind or another”,

and I very much agree with that view. Unfortunately, the Government’s current policy does not deliver help to families in that situation. More than 3 million people have claimed universal credit since the beginning of March because their work has ended and they have not been eligible for one or another of the Government’s schemes. That vital safety net provided by universal credit is simply not available for people with no recourse to public funds, and both the Home Affairs and the Work and Pensions Committees have recommended unanimously that the no recourse to public funds restriction should be lifted for the duration of the current crisis. One of the points the Prime Minister made at the Liaison Committee was that he would find out how many people are in that position. Unfortunately, he has not been able to do so, because the Home Office does not know. It appears that the Home Office does not even have an estimate of how many there are. Fortunately, the Children’s Society has reported that there are more than 100,000 children in the UK whose parents have leave to remain but no recourse to public funds.

Where someone is a victim of domestic abuse, having no recourse to public funds is catastrophic. Protections that the House supports for victims are simply not available. The barriers they face are generally insurmountable. Only 5% of refuge vacancies are accessible. The reason is that housing costs in a refuge are largely met through housing benefit. People with no recourse to public funds cannot claim housing benefit. As Women’s Aid points out, the options for a woman with no recourse to public funds and unable to access a refuge space are shocking: it is either homelessness or returning to the perpetrator.

I welcome the fact that a small pilot is under way, but we know what the gap is. Anyone who came to the UK, other than on a spouse visa, cannot benefit from the domestic violence concession. The other people in this category need that help as well, and I urge the House to support new clause 22.

[Peter Gibson (Darlington) (Con)]

It is a pleasure to speak in this debate having sat on the Bill Committee. It was indeed a privilege that my very first Bill Committee was on such a ground-breaking piece of legislation and so ably led by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who is a dedicated Minister.

I have met numerous victims of domestic abuse, each with a moving personal story of their sadly continuing ordeal. All too often, the abuse continues and, sadly, escalates after a relationship ends. I believe that this Bill addresses that. Although the majority of victims of domestic abuse are women, we know that men are victims, too. I draw upon the family experience of a relative of mine who was attacked by his wife, who attempted to stab him, who attempted to poison him and who inflicted broken bones. She repeatedly harassed him with abusive telephone calls at work. The harassment continued even after a traumatic divorce. Abuse and manipulation of their children continue, too. The scars on my relative and his children are long lasting. It is my belief that this Bill would have curtailed that abuse at a much earlier stage and saved much trauma to the victim and his children and saved many wasted resources. I welcome new clause 15.

Family Help in Darlington was one of the UK’s first women’s refuges. It has been doing amazing work in my constituency since 1976. I thank its staff for all that they do and for the help and understanding that they have given me in respect of this important issue. Although they welcome all that this Bill does, they have asked that I urge Ministers to ensure that funding streams will enable them to plan into the future.

Rydal Academy, a primary school in my constituency, is undertaking fantastic work with its higher than average concentration of children from homes where abuse takes place. The key safeguarding leads at the school are keen to see perpetrator programmes put in place locally, and to end the generational cycle of abuse that is all too familiar. Again, I welcome the provisions in the Bill that will address that.

Domestic abuse is not confined to heterosexual relationships alone, and I welcome the fact that this Bill provides the same protections to those victims who are sadly suffering in same-sex relationships. I echo the plea of my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) on this point.

This Bill has had a long passage, having undergone many stages in this House and in the previous Parliament, but we can be proud of the protections that we are bringing to the statute book, building on the protections listed by my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken). However, this Bill is not the place to make changes to our abortion laws. I will therefore be opposing new clause 28.

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

It has been a privilege to sit in this debate and hear so many very personal stories not just about constituents, but about family members. It was interesting and moving to listen to the hon. Member for Darlington (Peter Gibson) talk about his family, to remind us that it is not just women who are victims of abuse.

I thank all Members of the House who have pushed the Bill to this point—through Prorogation, covid and lots of other challenges—for all their hard work. I have spoken twice on the Bill, and was honoured to put my name to the new clauses in the name of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). Although Labour will not press move those new clauses, we will strongly support Government new clause 20.

I am grateful that the Government have listened to the demands here and in the wider community for major new inclusions, because 60 women in the UK have died, with more being injured, in what men claim is violence that “she asked for”. No one can fail to be moved by the courage of the parents of those who have been brutally murdered by so-called lovers, only for the abuser to use the rough sex excuse to lessen their sentence. Like so many others in the House, I thank the campaign group We Can’t Consent to This for the work that it has done to ensure that justice is served, and support its request that the Crown Prosecution Service and the Director of Public Prosecutions collect and evaluate data on this issue and report back on any use of rough sex claims. The Government say that they will continue to keep the criminal law under review. We must see a clear statement of how that will be done.

I thank my council—Kirklees Council—which has committed an extra £400,000 in this year’s budget to improve local domestic violence support services. Many Members know that we rely on local support to help women and girls at risk of violence, and that that support has faced desperate cuts, including to policing and preventive services, for almost a decade. Hopefully this legislation will go some way to supporting those authorities, because we need support in the community, not just in refuges.

I pay tribute to the personal commitment of the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), for explicitly recognising children as victims of domestic abuse. New clause 15 puts children in the proposed legal definition. This helps to put children at the heart of how our society deals with domestic abuse and is supported by my hon. Friend the Member for Birmingham, Yardley (Jess Phillips). This measure is vital, as there is compelling evidence that shows that children exploited in gangs are more likely to see domestic violence call-outs, which is another reason that we have to eradicate domestic violence when there are children in the family. The impact is felt throughout children’s lives and we must protect them with every tool at our disposal.

Domestic abuse affects children and young people in different ways. A range of interventions must be available so that children can get the right form of specialist help. But it is obvious that we need the money. Between 2010-11 and 2018-19, central Government funding for children and young people’s services fell by £2.2 billion. Women’s Aid Federation of England’s survey on the impact of covid found that 60% of the service providers that responded had needed to reduce or cancel their service provision for children. Crucially, we need local authorities, but they have reported that policy and best practice guidance on domestic abuse are insufficient, and most feel that a statutory duty that is adequately funded to provide services would support them.

Let me finally say to all those young women who have contacted me: we are listening to you. Just because you are not in a domestic situation does not mean to say that you are not being abused. Hopefully, this Bill will be there to help you.