Domestic Abuse Bill (Twelfth sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 12th sitting: House of Commons
Wednesday 17th June 2020 Public Bill Committees

[Peter Kyle]

Am I right in thinking that the argument my hon. Friend is trying to make is that this is the point in the Bill where evidence rubs up against raw politics. That is the problem. People who have submitted evidence, including verbal evidence, to this Committee and frontline practitioners have said one thing. The evidence is there. The Government say that they like to view and take into account evidence, but the politics is the barrier here.

[Jess Phillips]

I think it is. I do not get any uptick in sticking up for this group of people because migrant communities are not allowed to vote. People have seen a problem and they are trying to fix it. It is as simple as that. On the issue of leave to remain, I hear what—

[Jess Phillips]

Okay. That is absolutely fine. I was about to say to the Minister that I hear what she says about the concern that we might let a few too many in the country. I will take the issue up on Third Reading and speak about it every day until we get to Report and I will ensure that people speak about it in the Lords.

The Minister has probably never taken a call in a refuge and had to tell someone that they could not come because they had no recourse. She can say that I speak with my heart and not my head, but I have had to use my head to turn women away. I have had to have women’s children removed from them.

I do not act as an emotional being; I am emotional about the right thing to do. We are here to protect victims of domestic violence. We do not expect to ask them which countries they have travelled from when they present. I will take away what the Minister says about possible confusion. The amendments that will be laid before the House will be clear that, just as for those on spousal visas, there is no guarantee whatever of indefinite leave to remain, as the Minister well knows, in the scheme.

In fact, not everybody gets indefinite leave to remain. The data collected centrally is widely available. All we ask is that for a period everybody will be able to access support and be given a fair chance to make an immigration application. It is as simple as that. I do not want to stand here and let it pass. The point still stands whether we want to call them illegal or whether we want to talk about which particular visa they might have. If anyone does not have asylum accommodation in their constituency, they are free to come to mine to see whether they would like to put victims of domestic violence in it. It’s really cracking.

There will be people exactly as I have outlined. It does not matter what sort of visa they are on. As I have said, there will be people who we come across every day to whom we are currently saying, “This Bill isn’t for you. This Bill doesn’t help you; I am sorry you got beaten up, but you are on your own.” That is the reality of this law, until it is changed. I will do everything I can to change it and I have a better chance of doing that in front of the whole House—either this one or the other place. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 30

Use of bail in domestic abuse cases

“(1) Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention) is amended as follows.

(2) In subsection (5)(a) for the word “applies” substitute “or subsection (5AB) applies”.

(3) In subsection (5)(b) for the word “applies” substitute “or subsection (5AB) applies”.

(4) In subsection (5A) insert after the words “applies if”, “subsection (5AB) does not apply and”.

(5) After subsection (5A) insert—

“(a) This subsection applies if—

(i) it appears to the custody officer that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person‘s detention; and

(ii) the offence under investigation is an offence that amounts to domestic abuse as defined in section 1 of the Domestic Abuse Act 2020;

(b) save that the person shall be released without bail if the custody officer is satisfied that releasing the person on bail is not necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed and to the importance of protecting the complainant);

(c) before making a determination to release without bail or a determination as to any conditions of bail to impose, the custody officer shall conduct an assessment of the risks posed by not releasing the person on bail (including, in particular, to the complainant);

(d) before making a determination of a kind referred to in paragraph (c) the custody officer must inform—

(i) the person or the person’s legal representative and consider any representations made by the person or the person‘s legal representative; and

(ii) the complainant or the complainant’s representative and consider any representations made by the complainant or the complainant’s representative; and

(e) an officer of the rank of inspector or above must authorise the release on bail (having considered any representations made by the person or the person’s legal representative and by the complainant or the complainant’s representative).””.—(Peter Kyle.)

This new clause reverses the presumption against use of bail in the 2017 Act for these categories of offences, and introduces a risk assessment with prior consultation with the parties.

Brought up, and read the First time.

[Peter Kyle]

I beg to move, That the clause be read a Second time.

--- Later in debate ---

[Peter Kyle]

I am grateful to the hon. Lady for that contribution. She should never apologise for sharing the experience that she has gained outside this place and brings in here; it is an asset to our deliberations, not a hindrance.

I agree completely. In fact, I was quoting the Minister when I mentioned the now infamous pendulum. I think we all agree that the pendulum has swung the other way. We must always have consideration for the basic right of liberty, including for alleged perpetrators and defendants, which is why getting bail and bail conditions right is essential. What we are talking about here are conditions, not liberty—the conditions on which people are granted liberty.

The Minister’s main concern, if I interpret it correctly, is that new clause 31 could have unintended consequences on other parts of the bail system. Subsection (2) states:

“After subsection (1)(a) insert—

‘(ab) in a DA case, the period of 3 months beginning with the person’s bail start date, or’”.

Subsection (3) continues:

“After subsection (4)(c) insert—

‘(2) A “DA case” is a case in which—

(a) the relevant offence in relation to the person falls within the definition of “domestic abuse” in section 1 of the Domestic Abuse Act 2020’”.

I fail to see how that could have an impact on other crimes. It is very specific. As I say, I understand why Government Ministers want to deal with the challenge that was caused by the Policing and Crime Act 2017 holistically, but we have a specific fix for a specific challenge in front of us now. I believe this would lead to a better piece of holistic legislation, because it would provide a workable template for it to be enacted down the line.

I will not push the new clause to a Division now but will keep this question open. The Minister intimated several times that she would welcome further scrutiny of the clause. I hope that this gives her the opportunity to reflect on this challenge and come up with her own fix for it, perhaps on Report or Third Reading. I do not believe that victims of domestic abuse should continue to suffer any longer from the uncertainty that would be created by this pernicious eventuality. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 32

Serving a court order on a person who has been subject to domestic abuse and is residing at a refuge

“(1) If a court order is to be served on a person [P] who has been subject to domestic abuse as defined in section 1 of this Act and who is residing at a refuge, the court order—

(a) must not be served on P at the residential address of the refuge, except if a court has ordered that it can be in the circumstances set out in subsection (3); but

(b) can be served on P at the refuge’s office address or by an alternative method or at an alternative place, in accordance with part 6 of the Family Procedure Rules 2010.

(2) The address of the refuge in subsection (1) shall not be given to any individual or third party without the express permission of the court.

(3) Where attempts to serve the court order by the alternative means referred to in subsection (1)(b) have been unsuccessful, an application may be made to the court to serve the court order on P at the refuge’s residential address.

(4) An application under subsection (3) must state—

(a) the reason why an order can only be served at the refuge’s residential address;

(b) what alternative methods have been proposed and the consequences; and

(c) why the applicant believes that the order is likely to reach P if the order is served at the refuge’s residential address.”—(Jess Phillips.)

This amendment seeks to ensure that, where a victim of domestic abuse is residing in a refuge, the address of that refuge cannot be revealed as part of a service order or location order without express permission of the court.

Brought up, and read the First time.

[Jess Phillips]

I beg to move, That the clause be read a Second time.

This new clause arose out of cases that occurred a number of weeks ago, which highlighted something frightening. Specialist domestic violence refuges have supported hundreds of thousands of people over many years. They are life-saving, provide sanctuary, and are established specifically to meet the needs of women and children who need refuge. In most cases, the confidentiality of a refuge is crucial for the safety and wellbeing of those who stay there, and I cannot express to Members how seriously refuges take their confidentiality. Every single person who lives in a refuge signs a licence agreement that says that if they tell somebody, they have to leave, and enforcing that rule when it is broken is heartbreaking.

The Bill offers a golden opportunity to ensure that there is legal clarity about the nature of refuge provision, including the key elements that are necessary to preserve their integrity. At present, it is not explicitly clear that refuge residential addresses and the identity of those who work for a refuge must remain confidential, so that must change. Service of family court orders on families in refuges, particularly location orders, is often applied for by fathers when mothers and children have fled the family home to refuges following allegations of domestic abuse. The family courts use tipstaffs and the police to locate the mother and children in refuges, even though the address of those refuges is not publicly available.

Once they are located, the refuge is usually ordered to provide its address directly to the court to facilitate the service of court orders on mothers. Often the court order explicitly names the refuge and its manager, which is intimidating and could result in them becoming identified. Family courts usually order the police to attend the refuge’s residential address to serve the order on the mother. This causes upset, anxiety and distress to the mother who is served with a court order, and to the other women and children living in the refuge, who have reported feeling retraumatised by the process. Women who experience a number of intersectional inequalities, such as race, language barriers and insecure immigration status, have reported receiving a heavy-handed response from the police, being unable to understand what the police are saying, and feeling that they are being treated as criminals.

In at least one case that I have heard of in the past few weeks, a mother and child were located and stalked as a result of their refuge’s residential address being disclosed to the court. They had to move to two different refuge addresses, and then the father abducted the child and took them abroad. In another case, the police served a family court order on a vulnerable mother who does not speak English and sought safety with her two children. The mother found the experience degrading and humiliating. Concerns arose in that case that the father had discovered the family’s location, and as such the mother and children had to be moved on to another location.

It is acceptable that family court orders must be served on mothers, but the current family judicial practice is not acceptable, as it breaches women and children’s rights to a safe family life and a private life under article 8 of the European convention on human rights. The approach adopted by family courts is haphazard and inconsistent, with much depending on the judge’s approach to the case before them. Many judges have had no training on domestic abuse.

The situation I have outlined could easily be avoided by ensuring that refuge addresses are always confidential and that family court orders are served by alternative means, as per the family procedure rules 2010. A simple amendment to those rules would ensure that a consistent approach is adopted by all family judges. If such an amendment is not made, the same poor practice will continue.

It is imperative that this situation is addressed urgently, before irreparable harm is caused. I have therefore tabled this new clause, to prevent the service of family court orders at refuge residential addresses, and to ensure that refuge residential addresses and the identity of refuge workers remain confidential.

--- Later in debate ---

[Jess Phillips]

I will withdraw the new clause, and I am heartened by the fact that the hon. Member for Cheltenham, who is no longer in his place, has spoken to the divisional lead in the family court. This is one of those situations where there may very well be regulations in place to allow the outcomes we want, but something is still going wrong, and an assessment and a change in this area is needed.

I understand the deep concerns that the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle, has needing to think through the potential for harm to come to a child, although I would argue that, in refuge services, there would be somebody there in the vast majority of cases. There are quite strict and stringent safeguarding measures in place in refuges to ensure that children come to no harm. However, I am pleased to hear what she said and will speak to the other Minister about it another time, when he is not debating the Divorce, Dissolution and Separation Bill. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 33

Reasonable force in domestic abuse cases

‘(1) Section 76 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In subsection 76(5A) after “In a householder case” insert “or a domestic abuse case”.

(3) In subsection 76(6) after “In a case other than a householder case” insert “or a domestic abuse case”.

(4) After subsection 76(8F) insert—

“(8G) For the purposes of this section “a domestic abuse case” is a case where—

(a) the defence concerned is the common law defence of self-defence;

(b) D is, or has been, a victim of domestic abuse;

(c) the force concerned is force used by D against the person who has perpetrated the abusive behaviour referred to at subsection (8G)(b);

(d) subsection (8G)(b) will only be established if the behaviour concerned is, or is part of, conduct which constitutes domestic abuse as defined in sections 1 and 2 of the Domestic Abuse Act 2020, including but not limited to conduct which constitutes the offence of controlling or coercive behaviour in an intimate or family relationship as defined in section 76 of the Serious Crime Act 2015.”

(5) In subsection 76(9) after “This section, except so far as making different provision for householder cases” insert “and domestic abuse cases”.’ —(Peter Kyle.)

This new clause seeks to clarify the degree of force which is reasonable under the common law of self-defence where the defendant is a survivor of domestic abuse.

Brought up, and read the First time.

[Peter Kyle]

I beg to move, That the clause be read a Second time.

The new clause seeks to provide domestic abuse survivors the same legal protection that householders have in cases of self-defence. Householders have a legal protection when they act in self-defence against an intruder, but no such protection is available to survivors acting in self-defence against their abuser. At its base, just think what that means: we are able in law to defend ourselves, to a defined threshold, against people who enter our homes and cause us harm, but we are unable to have the same defence against people who already live in the home and seek to cause the same harm. The new clause seeks to rectify that imbalance.

Common-law defences are outdated and ill fitting in the context of domestic abuse, leaving survivors with no effective defence. The Bill presents an opportunity to modernise the law by ensuring that the available legal defences reflect the improved public understanding of domestic abuse. This issue gained prominence with the case of Sally Challen last year, who had her murder charge for the hammer attack she inflicted on her husband downgraded to manslaughter in recognition of the effect of decades of coercive control that she had endured. That judgment reflects our new understanding of how domestic abuse can effect survivors and lead to offending behaviour, so it is only right that the Domestic Abuse Bill recognises this.

Evidence from the Prison Reform Trust shows that the common-law defence of self-defence is difficult to establish in cases of violent resistance by a survivor of domestic abuse against their abusive partner or former partner, as a jury may well conclude that the response was disproportionate without taking into account the long history of abuse. The self-defence proposal would make it easier for victims and survivors to establish that they were acting in self-defence, providing them with an equivalent protection to those using force against an intruder into their home. This is a really important distinction: all we are asking for is the same threshold to be allowed against people perpetrating violence from within the home as that allowed against people perpetrating violence who enter the home.

The definition is also now successfully established in statute. Section 76 of the Criminal Justice and Immigration Act 2008 is the basis for the new clause. Subsection (5A) allows householders to use disproportionate force when defending themselves against intruders into the home. It provides that, where the case involves a householder,

“the degree of force used by”

the householder

“is not to be regarded as having been reasonable in the circumstances as”

the householder

“believed them to be if it was grossly disproportionate”.

[Interruption.] I believe I am being heckled by Siri—I think I might have either turned someone’s lights on or off or ordered their shopping. A householder will therefore be able to use force that is disproportionate, but not grossly disproportionate. A CPS guideline states:

“The provision does not give householders free rein to use disproportionate force in every case they are confronted by an intruder. The new provision must be read in conjunction with the other elements of section 76 of the 2008 Act. The level of force used must still be reasonable in the circumstances as the householder believed them to be (section 76(3)).”

In deciding whether the force might be regarded as disproportionate or grossly disproportionate, the guideline states that the court

“will need to consider the individual facts of each case, including the personal circumstances of the householder and the threat (real or perceived) posed by the offender.”

The new clause would add the same provision and that same test of proportionality of force to cases of domestic abuse.

The Government have gone to great lengths to consider the different forms that domestic abuse can take, but there is not the same recognition of the criminal acts that can result from that abuse. We will go on to discuss the need for statutory defence further, but the new clause would go some way to addressing a difficulty survivors can have in court currently in self-defence cases.

The current Secretary of State was instrumental in providing the increased protection for householders when she was a Back Bencher. The coalition Government put forward their self-defence amendment for householders with the following comments by Lord McNally:

“All we are saying is that if householders act in fear for their safety or the safety of others and in the heat of the moment use force which is reasonable in the circumstances but seems disproportionate when viewed in the cold light of day, they should not be treated as criminals. Force which was completely over the top—grossly disproportionate, in other words— will still not be permitted.”—[Official Report, House of Lords, 10 December 2012; Vol. 741, c. 881.]

The new clause would see the Government apply the same sympathy and understanding to domestic abuse survivors that that Act provides in those situations.

--- Later in debate ---

[Peter Kyle]

I beg to move, That the clause be read a Second time.

One of the people we have not mentioned in Committee so far is Sir James Munby. In his time as president of the family division of the High Court, he was a robust defender of it and a vocal proponent of reform. In engagement with and in the processes of Parliament, Sir James was fulsome in his advice and in answering questions. When I was campaigning for reform of cross-examination in the family courts, I had a meeting with Sir James in the High Court. I have said already in Committee that I have no legal training, and that is something I have never apologised for—in fact, at times like this and at that meeting, I found it a benefit. It gave me the opportunity to ask some pretty basic questions of one of the most pre-eminent lawyers in the land.

One thing that I wanted to ask back then was simple. Coming fresh, as I was at the time, to the challenges and the need for reform in the family courts, one thing that struck me, and that I could never ever understand, was the fact that someone who had committed the most horrendous crimes against their partner—battery, rape, serial abuse or coercion, stretching back sometimes years—had parental rights, to the point where they can be exercised time after time, sometimes even from prison, where they have been jailed for inflicting the abuse on the very family over whom they are exerting their rights. I simply could not understand that, and I had the privilege of putting it to Sir James.

We now come to the point in the Bill where we can talk about one particular aspect of that, because this new clause relates directly to the presumption that parental involvement furthers a child’s welfare when there has been domestic abuse. It would also prohibit the unsupervised contact for a parent awaiting trial, on bail for abuses offences, or involved in ongoing criminal proceedings for domestic abuse.

The use of force that is disproportionate but not—forgive me, my notes seem to be out of order.

[Jess Phillips]

Will my hon. Friend give way?

[Peter Kyle]

Of course. I am very grateful.

[Jess Phillips]

Perhaps the Chair could help me with this inquiry. My hon. Friend is moving the new clause, but I have a specific case that I might want to share with the Committee. Is that permitted, for both of us on the Front Bench to speak? I will not do it now, while he is in the middle of his speech, but I thought I could give him a minute.

Domestic Abuse Bill (Eleventh sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 11th sitting: House of Commons
Wednesday 17th June 2020 Public Bill Committees

[Peter Kyle]

Thank you, Mr Bone.

We need to make progress today, and we have a lot to get through. I will withdraw the new clause, in the clear hope that, as the Bill progresses through Parliament and goes to the House of Lords, they may have more time to spend on such matters. They might be able to have more consideration and ventilation of the debate, which we were too speedy on today. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 28

Controlling or coercive behaviour offence

“(1) In Part 5 (protection of children and others) of the Serious Crime Act 2015, section 76 (controlling or coercive behaviour in an intimate or family relationship) is amended as follows.

(2) For subsection (2) substitute—

‘(2) “Personally connected” has the meaning set out in section 2 of the Domestic Abuse Act 2020.’

(3) Omit subsections (6) and (7).”—(Jess Phillips.)

This new clause would ensure that those who were previously personally connected are protected from coercive and controlling behaviour (including economic abuse) that occurs post-separation.

Brought up, and read the First time.

[Jess Phillips]

I beg to move, That the clause be read a Second time.

I also do not have a jacket on, but I am not compelled to wear one—I think the only uptick of being a woman in this place is that we can wear whatever we want; it is one of the benefits. I also have trainers on.

--- Later in debate ---

[Peter Kyle]

We are using the term “migrant woman” to describe all the people here. Should we not place on record that they are not migrants first and foremost? They are mothers, neighbours and the people we pass in the street and talk to when we are on public transport. They are colleagues in workplaces, universities and places of education. They are fully formed human beings integrated into our world here and they are also people who come from other countries.

[Jess Phillips]

Absolutely, I have absolutely no doubt that today in this building there is somebody serving us coffee or doing something of service who has no recourse to public funds and is affected by the problem I am talking about. My hon. Friend is exactly right. They are our careworkers and NHS workers. They are the students who keep our universities in money. They are the people who serve us every day. They are our family members. They are people who deserve help when they are harmed. They are taxpayers. They are people who give in both effort and resource. They deserve exactly the same as everyone else. If I walked into a police station today, nobody would ask me for my immigration status. Nobody would care. It would not be the thing that they thought they had to care about. They would ask me if I was all right and would treat me as a victim. If I was from Bolivia, they would ask me about my immigration status.

As the hon. Member for Edinburgh West said, we are at the precipice. It is not okay that some people matter and some people do not. It is one thing to try to undo things from the past—to topple statues and try to deal with complex cases from the past—but we are making this law today, and we are not making it for everyone. That is fundamentally wrong.

There are women like Myra—the final case study—who attempted to leave her abusive husband a number of times, having reported her rape to the police. They took no further action and did not refer her to local domestic abuse services. After three years, she made the decision to find safety and leave. She had no recourse to public funds, and contacted 10 refuges, which were unable to offer assistance due to the NRPF condition. During that time, she was forced to remain at home with her husband and faced further abuse, which took its toll on her mental health. She said:

“many times, I thought of giving up, many times.”

Those case studies all come from the Women’s Aid “Nowhere to Turn” report.

I can already anticipate that the Government’s response to what I said will be to point out the ongoing Home Office internal review into NRPF. I am sure the Minister will mention how the Government have recently announced £1.5 million for a pilot fund to cover the cost of support migrant women with NRPF in refuge in order to better assess the level of need for that group of victims to inform the spending review decisions on a longer-term basis. Both those proposals fail to appreciate the urgency and seriousness of the risk of abuse and destitution that abused migrant women on non-spousal visas face.

Domestic Abuse Bill (Ninth sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 9th sitting: House of Commons
Tuesday 16th June 2020 Public Bill Committees

[Jess Phillips]

I absolutely share the hon. Lady’s frustrations. The truth of the matter is that we are talking about specific cases where this defence could easily be leaned on, and we are trying to shut those loopholes. There are only really three defences in a rape case. One is mistaken identity: it was not the accused, but someone completely different. Another is that it just did not happen, full stop—luckily, science has moved quicker than social science. The final one is that she or he consented. That is usually the one that is leaned on, because, unfortunately, it is much more difficult to prove than it is to rape.

Pre-existing case law, R v. Brown, makes it clear that a person cannot consent to injury or death during sex. However, in 45% of cases where a man kills a woman during sex and claims she consented to it, this defence works. We cannot let that continue.

If a man can convince police, prosecutors, coroners, a judge or even a jury that the woman was injured during a consensual act, he may see the following outcomes: he is believed; police do not investigate it as a crime or no charges are sought by prosecutors; prosecutors opt to pursue a manslaughter charge, ensuring a far shorter sentence than for a murder charge; mitigation in sentencing due to no intention to kill. Extreme sexual and sadistic violence is not treated as an aggravating factor in sentencing because it is accepted on his say so that she consented to it. All those outcomes are entirely acceptable today.

[Peter Kyle]

There are many aspects of the cases that my hon. Friend is outlining that are extraordinarily disturbing and painful to understand. There is another one: the impact on the victim’s family. For them to sit there, coping with the death of their loved one, and then to hear that their loved one consented to these kinds of brutalising factors must cause pain beyond comprehension. Should we not remember the victims in all of this?

[Jess Phillips]

Absolutely. Even just from a personal perspective, the idea of my parents having to listen to conversations about me having sex at all is a harrowing thought, but we are talking about people who have lost their loved one having to listen to such things. The point about anonymity is made in rape cases, but there is no similar level of anonymity in this instance for a bereaved mother, father, brothers and sisters having to hear about vicious abuse, while somebody takes to the stand to say that the victim wanted it and loved it.

I have seen cases that would make most people’s toes curl, but I have to say that I have been deeply affected by this case. I have become a bit of an old hand at some things, but the Connolly case is so harrowing that I cannot imagine how her family have coped with it.

The law should be clear to all: a person cannot consent to serious injury or death. But the case law is not up to the task. When a woman is dead, she cannot speak for herself. Any man charged with killing a woman, or a current or former partner, should simply say, “She wanted it.” This is why we must change the law and urge the Government to accept these amendments.

[Peter Kyle]

I rise to say a few words about new clause 14. It seeks to grant anonymity in the press to survivors of domestic abuse, should they request it. In recent days, the front page of one of our national newspapers covered an instance of domestic abuse in really quite grim terms. It failed to point out the consequences of it, and did not report any remorse whatsoever. That kind of most insensitive reporting still makes its way on to the front page of papers.

We know the counter-case, too. In the wake of the Leveson inquiry, we know that these issues are sensitive. We must be fully aware of the need for the press to do their job in as unencumbered a way as possible. The Independent Press Standards Organisation, the largest independent regulator of the newspaper and magazine industry in the UK, has no guidance whatever for journalists on how to report domestic abuse cases. There is only a short blog, which suggests that journalists heed to how domestic abuse charities would like cases reported locally. The industry has acknowledged the issues relating to the reporting of domestic abuse, but no action whatever has been taken.

It is clear that the Government and Parliament need to speak, and we need to guide the industry through legislation. The issue has become so pronounced because stories are published in which victims and survivors of domestic abuse are named, as well as family members and children. When these stories make their way on to websites, which is where the majority of people read news these days, victims have no anonymity. Underneath the story, there is a plethora of people discussing and naming people, saying, “I heard this”, or “I heard that she was that”; the irony is that they are all anonymous. They are benefiting from an anonymity that the victims do not have. These issues are cast in a new light in the modern era, whereas regulations are distinctly old-fashioned.

Journalists are struggling on how to deal with the issue. I recognise that, and have spoken to many of them. It is not wholly the responsibility of the press, because when it comes to other crimes and their survivors, it is set out in law how journalists are to respond. The keystone piece of legislation providing anonymity is the Sexual Offences (Amendment) Act 1992, which gives survivors of sexual assault the right to press anonymity, and lays out the circumstances in which that right can be waived.

The Government have already shown support for the spirit of the new clause in legislation for survivors of other crimes such as the Serious Crimes Act 2015, which grants anonymity to and protection for alleged victims of female genital mutilation. In section 2 of the Modern Slavery Act 2015, victims of any human trafficking offence are granted anonymity. The Government are willing to grant anonymity to certain types of people, and it is striking that a person has the right to anonymity if they are the victim of sexual violence, but not if that sexual violence occurs within a relationship and in a home. These proceedings cast that anonymity in a new light. The new clause would provide similar restrictions on how the press could report on survivors of domestic abuse, so that it would not be left to individual publications to make that decision. In today’s hyper-competitive media world, where there are shrinking readerships and a move to online news, the issue is more important than ever.

The domestic abuse charity RISE in my constituency has been vocal about the need for this change. It reports that if the survivors they care for are named in the press, they are less likely to report domestic abuse in the first place. One service user provided testimony about the impact on their life of being named in the press:

“My daughter had to be informed by the school after the article named me as all the parents at school were aware, as well as the children because it was all over social media. It made me feel that I was still being controlled, I felt vulnerable and exposed. I feel so much hurt for my little girl, she didn’t need to know, the impact on her is huge, she is hypervigilant and gets very scared on the bus if someone is on their phone as she believes they are filming her. I never want another child to go through what my child went through.”

Another said:

“None of my family knew, neither did my employer. I felt a lot of shame and then seeing my name in the article and the awful comments made below the article were dreadful, there was racial abuse online. I felt sad, ashamed, embarrassed and violated. Something that took a lot of courage for me to report and everyone got to know about it. Even now I find myself googling my name for fear of it popping up again. There is an added layer of shame when I already had enough to process with regard to being abused.”

The Government have shown, through the development and scrutiny of the Bill, that they want it to stand the test of time. I believe that, as we move forward, the press becomes more competitive; there are more online opportunities to name and discuss people, and to tread over the line—particularly when someone in the public eye is subject to domestic abuse and the opportunity for media to make money from using that name becomes overwhelming. Some journalists might feel some shame about it, but for some it might be a choice between making money or income, and protecting a victim. I do not think that individual journalists should be put in that position.

We have an opportunity now to equalise the law and extend the protection of the anonymity given in cases of violent sexual crimes that occur outside the home, so that it is also given when crimes occur inside the home.

Domestic Abuse Bill (Eighth sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 11th June 2020 Public Bill Committees

[Jess Phillips]

Is one reason why Lobby journalists and other journalists did not believe it potentially because of the deep secrecy about what occurs in family courts? In the case of the Cloughs, while they were going through the court, they would have been forbidden from speaking about it.

[Peter Kyle]

I am grateful to my hon. Friend, who makes an important point. She is right about the secrecy of family courts. In a subsequent urgent question that I was granted on cross-examination, I asked for a full review of practices in family courts with that very much in mind. Since then, some journalists have been allowed into family courts, but it is heavily regulated to the point where it still stymies the process, work and operation of the family court. It might interest Members to learn that in that quote from Hansard, I used parliamentary privilege. I broke the regulations of the family court to even describe the process that occurred in that exchange in the family court with the Clough family. That is how heavily restricted the processes of family courts are at times, and that is what has led to the lack of reform in comparison with other parts of the criminal justice system. Everything that we are discussing in this clause is already the case in criminal courts.

If the press and the media had been able to scrutinise, and if we had known what was happening in some of those cases, it would have been dealt with some time ago. That is another important point, because The Times splashed the story twice on its front page over Christmas 2016. On 5 January 2017, it again placed the story on the front page, but at that point with an off-the-record briefing from a source in the Ministry of Justice who said that they were going to review and take action on it.

What frustrated me at that point was the equal opposite to what elated me. I was absolutely punching the air that there was going to be movement. What frustrated me, as a parliamentarian, was that we had given the Government half a dozen opportunities in the previous six months on the record in the Commons using the right procedures to get the change that we needed, but it took getting the media involved to deliver it.

We all know that, no matter who the Speaker is, every Speaker will go through the roof when they see an off-the-record briefing making announcements to the media. I immediately asked Speaker Bercow for an urgent question, which I was granted on 7 January to discuss cross-examination in family courts. The Minister who responded to it on 9 January was the right hon. and learned Member for North East Hertfordshire (Sir Oliver Heald), who was characteristically decent and wholehearted in his response and who engaged with the issue head on. He said:

“Is it necessary to change the law? The answer is yes it is. Primary legislation would be necessary to ban cross-examination…work is being done at a great pace to ensure that all these matters are dealt with in a comprehensive and effective way—the urgency is there…My feeling is that what is required is pretty straightforward: a ban, and then the necessary ancillary measures to allow cross-examination without the perpetrator doing it.”—[Official Report, 9 January 2017; Vol. 619, c. 27.]

Hon. Members can imagine that that was a big moment.

As an aside, I refer to the exchange that just took place between the Minister and my hon. Friend the Member for Birmingham, Yardley. When she intervened on him and asked, “When will it be done?”, he replied saying, “As soon as possible.” There was a guarantee to sort out cross-examination almost four years ago—the right hon. and learned Member for North East Hertfordshire said on the record, “the urgency is there”—so when we hear such things from Ministers, we sometimes have that experience, which is why we often seek to probe and get things on the record about timings.

We had a huge opportunity for change. We had the commitment of the Government. At one point the then Minister, the right hon. and learned Member for North East Hertfordshire, giddily galloped across the Chamber to put the amendment that he sought to move to the Prison and Courts Bill in my hand and said, “There it is. We’re going to do it.” Then, of course, we fell into the 2017 general election. Repeated attempts to get it fixed in the subsequent period also fell to the challenges of the time. Then, of course, we had the Bill that fell before the 2019 general election.

After the UQ of January 2017, I received over 1,000 messages from around the world—mostly women, but some men—who had experienced this in their own lives and felt an incredible need to share their experiences. I had underestimated the degree to which this is a community of people who have suffered, survived and are connected in various ways to share their stories. I had to take on a team of volunteers just to cope with their specific correspondence. Every single person who contacted me had such stories of pain and suffering, as well as persistence and fortitude to a degree that is almost unimaginable for someone who has not experienced it, that I believed every single one of them deserved a personal response.

What united every single message was gratitude that change was coming and a sense of relief that other people would not go through what they went through. That is why the delay of four years has been so difficult for very many people to stomach. Although the numbers have declined because courts have become more aware of the challenge, even one victim and survivor of domestic abuse experiencing a fraction of what we have just heard about would be one too many. So when my hon. Friend the Member for Birmingham, Yardley, members of our Front-Bench team and I read in clause 59:

“In family proceedings, no party to the proceedings who has been convicted of or given a caution for, or is charged with, a specified offence may cross-examine in person a witness who is the victim, or alleged victim, of that offence.”—

believe, me, I want to jump up and down screaming, “Hallelujah!” This is a very important moment. I wish it had come sooner, but it takes away none of the excitement, elation and gratitude that it is actually coming now. This is a good day and a good moment for very many people.

Some representative organisations and campaigning groups have been in touch with a request to amend the clause. They have concerns that still, within the letter of the law, it would be possible for a perpetrator, or alleged perpetrator, to nominate somebody close to them—a friend or a family member—to do the cross-examination on their behalf who might well act in their interests in terms of carrying on the abuse. I do not believe, from reading the Bill, that that is in the spirit of the proposed law or is something I believe a court would countenance. However, I seek reassurance from the Minister that they are aware of that, and that should it ever happen in court they will not wait six months, a year or four years before fixing it, but do everything in their power, including bringing something to the Floor of the House, to deal with it if that is what it takes.

Domestic Abuse Bill (Seventh sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 7th sitting: House of Commons
Thursday 11th June 2020 Public Bill Committees

[Jess Phillips]

I again thank the Minister, but with the greatest respect to the Secretary of State, unless something is written into the Bill, I do not know whether she will agree with what I am saying about what determines safe accommodation. All I seek to do in amending the Bill is a belt-and-braces job to ensure that that is the case—that what is perceived as good refuge accommodation is written into the Bill.

[Peter Kyle (Hove) (Lab)]

This has been a heated but illuminating exchange—

Domestic Abuse Bill (Fourth sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 4th sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Jess Phillips]

I am not sure whether my hon. Friend was going to come on to this, but exactly the same thing happened when the chair of the Equality and Human Rights Commission was selected. Both the Joint Committee on Human Rights and the Women and Equalities Committee put in complaints that were nothing to do with his character or his abilities, but specifically to do with his running Government contracts. That was completely ignored by the Secretary of State, and I am afraid to say that that conflict of interest has been used by people who are potentially under question from the EHRC at the moment to suggest that the commission is in some way compromised. This has an effect on people’s ability to do the job.

[Peter Kyle]

I am grateful for that additional example. I am very aware of the case study that my hon. Friend refers to, even though I was not going to bring it into my few words. It illustrates an incredibly important point: having the support of Parliament is an empowering force behind any public appointment. Furthermore, it offers increased credibility. It starts with a commissioner having the respect of—and a functional relationship with—not just the Government who made the appointment, but Parliament.

In our system of democracy, we take very seriously the relationship between Government and Parliament. Parliament will play a part in scrutinising, so if it has a hand in appointing, there is buy-in from the start. It really is a win-win for Parliament to be involved via the Select Committees.

The appointment has already gone ahead, and I do not think that anybody would say that Nicole is either not qualified for the job or not a welcome appointment to it—but this is certainly something that we need to think about for the future. In my earlier example, it is very clear that even though the public appointment went ahead and had the backing of Government and Ministers, the role has never lived to up to the expectations that were set for it when it was first created. I implore Ministers not just to submit future commissioner appointments to an appointment hearing with the Home Affairs Committee, but to give the Committee the power of veto.

I realise that giving power away is not in the DNA of the Home Office. It is not the normal trajectory that we see from Home Office Ministers, but there are times when giving power away is a very empowering act that leads to a much more functional relationship between Government and Parliament, Parliament and the appointee, and the appointee and Government.

The Home Office has already appointed the commissioner, and it is worth putting it on the record at this point that the Joint Committee on the Draft Domestic Abuse Bill, which scrutinised the previous and similar legislation to that which we are examining today, was not happy that that happened. It said, in paragraph 287 of its report, that

“we were surprised to learn that the process of recruiting a designate Commissioner had almost been completed before Parliament had had any opportunity to consider—still less to recommend any changes to—the draft Bill setting out proposals for the Commissioner’s remit and powers… We consider this unsatisfactory.”

I agree, and I suspect many Members in this room agree. They are free to do so, because there will not be a vote at the end of our discussion on this clause.

We all appreciate the enthusiasm of Ministers and the Home Office to get this appointment out the door, but I have to say that, even though we agree with and celebrate the appointment of Nicole Jacobs, the Minister and Government got away with it this time. Had that appointment not had the backing of the sector and of Parliament, it would be very hard to establish the credibility that this role needs within the sector.

I hope that my words will have made an impression. We purposefully did not put down an amendment to this clause, because we did not want to press this point, but we do want to impress it on people in the strongest possible terms that the joint relationship between Parliament and Government in making the appointment in future is something that will tangibly strengthen the role.

Domestic Abuse Bill (Third sitting)

Debate between Peter Kyle and Jess Phillips

Committee stage & Committee Debate: 3rd sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Jess Phillips (Birmingham, Yardley) (Lab)]

I beg to move amendment 50, in clause 1, page 2, line 7, at end insert—

“(5A) For the purposes of this Act, people affected by domestic abuse may include any child (such as a child in relation to whom A or B has a parental relationship) who sees, hears or is otherwise exposed to domestic abuse within the meaning of this section.”

An amendment so children are recognised within the statutory definition of domestic abuse.

Thank you, Madam Chairman—that always sounds ridiculous, so I will say Madam Chair. I will start as I mean to go on, with a feminist flourish. The aim of the amendment is to ensure that children who see, hear or are otherwise affected by domestic abuse—in other words, who themselves experience the domestic abuse—perpetrated by one person aged 16 or over against another, are recognised in the proposed statutory definition of domestic abuse.

We will come later to the debate about the statutory definition and the importance of having a statutory definition. It is almost unbelievable to somebody who has worked in the field for so long that one does not exist. I think people on the street would think that one did. I will not talk more broadly about the definition now, but merely about the amendment with regard to children.

What are the reasons for the amendment? Why is it important? Analysis from the Children’s Commissioner suggests that 831,000 children in England live in households that report domestic abuse. On average, 692 child-in-need assessments—I presume that that is the figure for before covid-19—are carried out every single day that highlight domestic abuse as a feature of a child’s or a young person’s life. Having worked in the field, I know that that is an enormous under-reporting, but, still, the figure is 692 children every single day.

The Women’s Aid annual survey reported that, in 2018-19, 13,787 children used refuge services, compared with 11,489 women, so there are more children accessing our refuge services. When I worked in Refuge, there was always a board that said, “Flat 1, flat 2, flat 3, flat 4, flat 5”, and it was always, “Woman plus three” or “Woman plus four”—that was the number of children she had with her in the refuge accommodation. There were always more children than women in Refuge.

According to the Women’s Aid study, 187,403 children used community-based services, compared with 156,169 women. I want to explain that a little bit, because the headline figure of 187,403 does not mean that, in a single year, those children necessarily received any direct support as a result of their domestic abuse. I worked for a Women’s Aid in community services. That is where the vast majority of victims of all kind are seen; it far outstrips refuge accommodation. The reality is that you would sit with a form in front of you and often with a woman in front of you who was telling you of the horror she was facing at home, where she was still living or interacting with the perpetrator, because of the family courts or for a variety of other reasons, and you would know, and would have recorded on your system, the number of children in her household, but you might never lay eyes on those children—you might never see them. They would never necessarily come into community services. My organisation dealt with 8,000 to 9,000 community cases a year. Had we had the associated children in, it would have been like running 10 inner-city schools in the west midlands. Although that number of children are recorded in community services, it does not necessarily mean that they are accessing support.

The consequences of these childhood experiences are well known, ranging from brain development being negatively affected and cognitive and sensory growth being impacted, through to people developing personality and behavioural problems, depression and suicidal tendencies. Children who experience domestic violence from the age of three onwards reported 30% higher than average antisocial behaviours at the age of 14.

There is not really any crime type that we debate in this building that we could not link back in some way to adverse childhood experiences, whether we are talking about the link between domestic violence perpetration and terrorism, about the adverse childhood experiences that lead to grooming and sexual exploitation, about knife crime or about county lines exploitation. In every single one of these crime types, if we were to look back at adverse childhood experiences, it would not be too long before we saw a pattern of domestic abuse. It is haunting how much domestic abuse affects many of the issues that the Home Office deals with.

The children who have suffered report 13% higher than average conduct problems, such as fighting with their peers. The Joint Committee on the Draft Domestic Abuse Bill highlighted concerns that if children’s status as victims of domestic abuse that occurs in their household—rather than that which occurs to them as individuals in their own relationships or directly at the hands of the perpetrator in their home—was not recognised, the Bill could have a negative impact on the level and quality of specialist support available to children.

The provision of services for child victims of domestic abuse is already disjointed. Studies have shown that support for children is often a bolt-on to existing domestic abuse services and that many children do not receive any specialist support following their experiences of domestic abuse and violence.

Without wanting to blow my own trumpet, I think it is important to say that my in-depth knowledge of the domestic abuse services in Birmingham is probably a little bit better than that of the average Member of Parliament. I have worked in most of those services; I know where the services are. When I need a refuge bed, I rarely go through a referral line—my next-door neighbour but one is the place where I would go—and I have the phone numbers of the people I need to talk to at any given moment. If a child came into my constituency office and was facing domestic abuse at home, or came in with their mother and their mother was begging for direct support for that child, I would not know where to send that child for certainty of service.

[Peter Kyle (Hove) (Lab)]

What my hon. Friend describes is a set of services that works within the rules. I believe she is saying that guidance and codes go so far, but we really need legislation. Does she agree that the very existence of this good Bill, which we need, proves that statutory definitions make a difference and that that, fundamentally, is why we need their extension to children?

[Jess Phillips]

I absolutely agree. Throughout the day, no doubt, we will be told, as we were on Second Reading, and as we will be on Report, that, even though I am a sometime opponent of some things in the Bill—actually, I am not an opponent of anything in the Bill; I am an opponent of what I fear is missing from it—the definition is important and ground-breaking. We will be told that it is finally the leap pad that we can all use to do some things we have all so deeply wanted to do, but we have to make sure that we do that for the nation’s children and that they are on the face of the Bill.

I was talking about what I saw in services and saying that I would not necessarily be able to find somewhere for a child. In a case in my constituency, a woman’s husband was convicted in the Crown court of domestic abuse towards her. Her child is now going through the family courts. That is a story we will hear again and again throughout the passage of the Bill. The child’s school identified a need for extra support and had access to some educational psychology resources that could be put in place at the school. The school had to get permission from both parents. The father refused to allow the child access to the support. Those involved at the school, which is not huge administratively—primary schools in Birmingham, Yardley do not have big teams of policy people and people making decisions—felt anxious, nervous and unprotected about what to do, so they allowed the father to make that decision. There are all sorts of reasons why we need legislative change to provide explicitly that public bodies have a duty in that area. That is just one example.

When I worked in Refuge accommodation, I saw a decline in the number of family support workers. When I arrived, we had two children’s rooms in the main refuge, which had 18 flats for families to live in. There were communal spaces and two family support units, and, more importantly, four family support workers. Their entire job was to work with children, and to work through their experiences with them, and also to work with mothers whose sense that they could tell their children what to do had often been removed by a perpetrator who had undermined them at every level, to the point where the children—certainly the older children in Refuge—became the parent. Those workers watch childhoods being lost, usually by older teenage girls. However, in some cases it is boys who become a parent to their younger siblings.

I have seen horrendous cases, including one where I had to help with and facilitate the removal of children from a family for their best interest, when a group of three siblings was separated so that the oldest was sent somewhere separate from the two younger ones. I have lots of siblings, and it felt as if separating that sibling group was the cruellest thing ever to have to do, but that older child would never have had a childhood had she been resettled with her younger siblings, because, at the age of eight, she had become their mother.

Even in the time I worked in Refuge accommodation, we closed the family rooms because there was no longer funding for specific family support work, which came through early intervention grants, either through Supporting People funding or the local authority. The rooms that had been filled with big murals of Disney characters and the play schemes that offered places in summer—I remember we used to do this brilliant den-building thing, because of the idea that kids would like to build a space they felt safe in—started to disappear from refuges across the land. The onus on, and ability of, organisations to work directly with children has been limited.

If we were truly representative and I asked Members to survey all their constituents who had suffered domestic abuse about what single thing every victim wanted to see, there would be a variety of answers. However, I guarantee that a huge percentage would say, “I just want some support for my kids. I just want someone to talk to my kids. My kids have nowhere to go.” That is what victims of domestic violence say again and again at coffee mornings, at refuge support groups and at every refuge’s weekly house meeting. People are saying, week in and week out, “I just want something for my kids.”

Do not just take my word for it. Research conducted by the University of Stirling has shown the following: in two thirds of local authorities questioned, children faced barriers to accessing support in cases of domestic abuse. Over 10% of those local authorities had no specialist support for children who were victims of domestic abuse. In one third of local authorities questioned, children’s access to services was restricted by postcode.

I see the hon. Member for Dudley South in the room; I used to work at Black Country Women’s Aid and offer services across the great borough of Dudley. We had a rape crisis service that offered services to adults and children who were victims in Sandwell, but we offered other services in Dudley—around domestic abuse, for example. Rape victims and children who had been sexually abused or sexually assaulted would ring our services, and if they lived in Dudley, we would have to say to them, “I’m sorry, that service is for Sandwell kids. We cannot come into a school in Dudley.” I hasten to add that that is not the case now, I am pleased to say.

I am covered by parliamentary privilege, so I can say that I sometimes used to fake an address in Sandwell. I used to think, “The crime data for this one house is going to go through the roof. This is going to be some horrible hothouse of abuse where every person in Dudley who has ever been abused lives.” There is nothing worse than working for a service and telling people that they cannot access it. The people who live in Sandwell and Dudley definitely know the difference between the two, and it would be a grave insult to accuse someone who is from one area of being from the other; that would be like saying I am from Manchester. Nevertheless, the idea that people in the west midlands understand lines drawn on a local government map in 1974 when their children need support is frankly laughable.

Funding for children’s services fell by £3 billion between 2010 and 2018, and children’s services in two thirds of local authorities questioned are reliant on time-limited funding. It is important to stress the issue of time-limited funding: if I had superpowers beyond those I will ever have, I would scrap 31 March from every calendar in the world. People who work in the voluntary sector are aware that when a child comes in to start 10 sessions of support over a financial year, they might not know until well into April whether they will still have the funding to carry on supporting that child. The voluntary sector currently lives hand to mouth; that is not a criticism of this Government, but a criticism of literally every Government. The way we manage funding for those dealing with people whose lives are completely and utterly chaotic is a travesty.

In addition, 60% of local authorities that responded to the recent Women’s Aid survey have had to reduce or cancel children’s services as a result of covid-19. Cross-national comparative research has shown that when children are recognised as direct victims, they are more likely to be spoken to and have their perspective taken into account.

--- Later in debate ---

[Jess Phillips]

I absolutely agree; there needs to be a consistent thread. I suppose the Government would lean on the idea of Ofsted’s safeguarding principles with regard to all schools, regardless of whatever jurisdiction they sit under. However, if we looked at any of the inquiries into sexual violence or harassment in schools, which have been done by what feels like every Select Committee over the past five years, we would see there is a real disconnect between the safeguarding that Ofsted is able to identify and incidents where, for example, peer-on-peer sexual violence in a school is handled appallingly. I cannot help but think there needs to be a far more consistent approach.

What is more, for example with Operation Encompass, a proper monitoring review and action plan needs to come out of any review. A former chief constable of Dorset Police wrote to me. He now runs an organisation that goes into schools and works with Operation Encompass. He told me that during a recent webinar with 150 school safeguarding leads, he ran an online poll, to ask who was aware of Operation Encompass: 35% said yes, they were aware; 49% said no, they were not; 9% said that they were not sure; and 7% said yes, but that they were not receiving any calls about children in such circumstances. I can only hope that they have very lucky children in their school without any incidences at home, although I find that vanishingly hard to believe.

When we talk about the voice of the child, nowhere in the debate that we will have over the next 10 days will we hear what I can only describe as a primal cry about hearing the voice of the child, including when we discuss the family courts. If I wanted to filibuster all day, I could read from the special folder in my inbox, which contains hundreds if not thousands of emails from children and adult victims who have been through the family courts, talking about how the children were ignored. There is a deep and meaningful reason why the voice of the child has to be put on the face of the Bill. Later, when we discuss the family courts, what we hear will put us all beyond any doubt that rarely are children asked what is happening at home by anyone, even when services are instigated.

Including children in the definition of domestic abuse would also mean that public authorities and frontline practitioners, including CAFCASS—the Children and Family Court Advisory and Support Service—and the police, will be encouraged to recognise and respond to children experiencing domestic abuse. Local authorities and their partners would recognise the importance of ensuring that child victims have access to support for their needs. That is deeply important.

I do not underestimate how stretched local authorities are. In most circumstances, they are trying to do the very best that they can. I used to say that I wished that the victims of domestic abuse were as important as the bins—there is a statutory duty to collect the bins—but now they will be. We have made it to the heady level of domestic abuse victims being as important as bins! I now wish to see children in every local authority reach that heady status. I do not underestimate the importance of bins, though. I am from Birmingham, where we have bin strikes all the time, so I cannot tell you how important I think that the collection of bins is—I do not wish to present otherwise to the Committee.

The report of the Joint Committee on the Draft Domestic Abuse Bill echoed much of what I am saying, stating:

“We recommend the Bill be amended so the status of children as victims of domestic abuse that occurs in their household is recognised and welcome the assurance from the Home Office Minister that the Government seeks to include the harm caused to children in abusive households in the definition”—

we would welcome that.

The Minister sent a letter following Second Reading this time—the Joint Committee report is actually a piece of scrutiny work done on a previous Bill. The Bill we are considering is a different one but, in shorthand, let us all assume that we are talking about the same Bill for now. In the letter, the Minister stated:

“It is vital that we support children who are affected by domestic abuse, and the Bill expressly recognises that in the statutory functions of the domestic abuse commissioner. One of the key functions of the commissioner will be to encourage good practice in the identification of children affected by domestic abuse and the provision of protection and support.”

I want to know what “encourage” means—the domestic abuse commissioner will “encourage”.

The domestic abuse commissioner, in her evidence to us on Monday, very much encouraged the idea that more support is needed for the victims of domestic violence who are children. She told a clear story about how shocking one particular service that seemed to be doing it well was to her—that she had never seen such a service. What powers will the powers of encouragement have? Will the Minister explain in her remarks how the commissioner will encourage that? The Government have not been encouraged to include children. The commissioner—regardless of her title—has no budget to commission children’s services in the country, and she has no power to demand that a local authority does it.

[Peter Kyle]

My hon. Friend makes an important point in focusing on the attention that encouragement is given in the current system. Can she give some examples, from her own experience, of all the other areas where services are encouraged to do something, but that does not actually happen?

[Jess Phillips]

rose—

--- Later in debate ---

[Peter Kyle]

My hon. Friend and I both have a lot of experience working in the voluntary sector, admittedly in very different parts. We both know that, if we had three charities in a room and asked them a question, we would get three different answers, but on this issue, is she aware of any charitable or campaigning organisation that supports children and opposes including children in the definition in the Bill?

[Jess Phillips]

I am not. Often, the two issues that the children’s sector mainly campaigns for in this regard become conflated. One is the issue of teenage relationship abuse and the age limit of 16, at which the definition that we are discussing currently sits. There is some divergence of opinion about whether the way to include children in the Bill is to remove age limits. For very obvious reasons, there are concerns about that. As somebody who has represented and worked with child victims in the past, I would not wish to see them criminalised—that is one issue. On the issue of whether a child should receive in the definition the status of victim rather than witness of domestic abuse, I have heard no divergence—my hon. Friend is absolutely right.

As somebody who worked in the women’s sector, I have to say that if the Government want to take some real credit for what they have done for the domestic violence sector, the greatest thing that they have done— I do not mean this in a glib way— is to genuinely unite charities, which now work in a way that was certainly not always the case when I worked in the field. On this matter, they are all singing from the same hymn sheet.

As always, I want to give voice to some of those who have suffered in childhood. Charlie Webster, the Sky Sports presenter, who sits on the victims’ board at the Ministry of Justice to advise the Government, has expressed real frustration that there seems to be little to no movement on this issue. She has talked about her experience of living with domestic abuse as a child. She said:

“Home is supposed to be your safe, loving space. As soon as I walked in the door from school I wouldn’t know where to put my feet in case I made a noise. I would chew quietly and make sure my teeth wouldn’t touch my knife and fork, not making any noise, trying to keep the peace to protect my mum. Anything would make him angry, even the sound of me eating. Hearing that, he would smash the table with his fists near your face. I was constantly on edge.”

Charlie admits that growing up feeling worthless and unloved has affected her adult relationships. Lasting effects include an inability to accept praise. Charlie said:

“I was traumatised and had a lot of nightmares. If I got close to somebody, it would trigger a feeling of a lack of safety and stability.”

She said that her situation was a factor in her being sexually abused by her former running coach in her teens, and added that,

“People like that coach are predators who prey on vulnerable people for the power. It was easy to have power over me.”

I wish I could say that Charlie’s case was an unusual one in which domestic abuse in childhood had not laid in step the trap of both domestic abuse and sexual violence and exploitation in adulthood.