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

Philip Boswell Excerpts

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

[Dr Whiteford]

It is important that we remember our history and understand the historical process of change within which we live. I have been asked so many times over the past few months: why the Istanbul convention? Why these difficult, painful, controversial issues? Why this convoluted, complex multilateral process? The long answer is that it has the potential to make concrete improvements—at local, national and international level—to the lives of people affected by sexual and domestic violence.

In light of the Istanbul convention, and in direct response to the debates we have had in this place, I am pleased to say that my local authority, Aberdeenshire Council, is already considering how local provision might be strengthened and improved. That could and should be replicated by local authorities across the UK.

We have already seen at UK level and in the devolved Administrations a raft of new legislation, driven by the Istanbul convention, on issues such as stalking, forced marriage, human trafficking and modern slavery, all of which has taken us closer to compliance. Internationally, we can make the world a safer place for our own citizens and for others, but we now need to finish the job.

The short answer to my question—why the Istanbul convention?—is that change needs to come and change will come. Ultimately, this is about real people and real lives. I have been moved beyond measure by the truly inspirational courage of my constituent Sarah Scott, a woman from the small coastal community where I grew up. She was subjected to an exceptionally brutal rape, and she waived her right to anonymity in an attempt to prevent what happened to her from happening to anyone else.

Sarah is one of the desperately small minority of rape victims who has seen her attacker brought to justice and convicted, but during the course of the trial her medical history was used by the defence in an attempt to discredit her as a witness to her own experience. She has spoken publicly about that profound violation of her privacy and the re-traumatisation that those experiences invoked, and I can only begin to imagine the inner strength and bravery it took for her to speak out.

We have travelled some distance in this struggle, but we still have such a long way to go. We need to recognise that ratification of the Istanbul convention is a milestone in the journey to equality and justice for women, and not an end point.

[Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)]

Will my hon. Friend give way?

[Dr Whiteford]

I will not give way.

So, Sarah, this Bill is for you and for every person who knows at first hand the brutal, life-shattering reality of sexual violence and has had the courage to claim justice and fight for it. Thank you for helping us all be a bit braver and stronger in the fight for equality and human rights, and more determined than ever to end this abuse, once and for all.

--- Later in debate ---

[Philip Boswell]

The number of stories my staff shared about violence against women and the severity of the violence in them was staggering. The vast majority of them ended with the victim deciding not to report the incident to the police due to social stigma, fear of retribution, concern that the authorities would not believe them and shame. Does the hon. Gentleman agree that it is time that we changed that by ratifying the Istanbul convention as soon as possible?

[Mr Nuttall]

To be quite honest, I entirely agree that anyone who has been the victim of domestic violence, or of violence outside the domestic setting, should be reporting that violence, and that applies to both men and women. Incidentally, the incidence of men reporting such violence because of fears that people might laugh at them is much lower than it is among women, particularly where domestic violence is concerned. How on earth anyone can think that just because the Government have ratified a convention, which most members of the public have never even heard of, will make one iota of difference to whether or not someone reports a crime is beyond me.

If the issue is whether I think that people should report domestic violence, then of course the answer is yes, but on whether I think that the figure will be changed as a result of the ratification of the convention, the answer is no, I do not. In countries where ratification has already taken place, the figures that have been provided by their ambassadors to my hon. Friend the Member for Shipley show that there is a very mixed picture—and that is putting it very modestly—of the effect that this convention has had in reducing the incidence of domestic violence. We all want to see violence against women, violence against men and domestic violence reduced—there is no issue about that—but this Bill is not about that.

Let me now return to the issue of the timescale, which is the main thrust of this Bill. The purpose is to try to tie down the Government to doing something and to stop this matter from drifting on. What do we have now? The words “the date by” have been replaced by “the timescale”. Previously, the report, which was to set out the date, had to be laid

“within four weeks of this Act receiving Royal Assent.”

That has been changed to

“as soon as reasonably practicable after this Act comes into force.”

There is a subtle change there. It is no longer after

“this Act receiving Royal Assent”.

Another Government amendment changes the date on which the Act comes into force from being the date on which the Act receives Royal Assent to a period of two months beginning on the day on which the Act is passed. So, we have a two-month delay, and then an unlimited amount of time before the report has to be laid. Even when the report is laid, all it has to do is set out a “timescale”—there is no specific date. Frankly, we might as well say it is the 12th of never, because that is essentially what this Bill is saying. No specific date is given and there are no provisions in the Bill to tie down the Government. If Members want proof of that assertion, they should simply ask this question: on what date would it be possible for anyone to turn around and look at this Act—if it passes through this place and the House of Lords—and say, “Ah, the Government have not complied with the Act.” I venture that it would be difficult to pick any day. The Bill is now so widely drafted that there would never be a date when it would not be possible for the Government to say, “We’re not quite there yet. We are dealing with things. It is not reasonably practicable at this stage to deliver the report.” Even if a report were delivered, we would still have to get over the hurdle of the timescale, which could be very vague indeed.

Scamming: Vulnerable Individuals

Philip Boswell Excerpts

Thursday 8th September 2016 Commons Chamber

[Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)]

The hon. Member for Solihull (Julian Knight) made mention of the Chartered Trading Standards Institute, and I recommend its website to anyone seeking more information. Victims tend to be elderly and therefore less likely to use the web, so we must ensure that all mediums are used to get the message over. I trust that the Minister will take note.

One of my elderly constituents recently told my senior caseworker about an unsolicited call he received from a company claiming that his property’s council tax banding was incorrect and that it could secure him a rebate for a fee of £69.99. It immediately took payment from his debit card over the phone, but—surprise, surprise—my constituent then received a letter from the company stating that it could not secure a rebate. The Lanarkshire joint valuation board, which is responsible for setting the council tax bands, could have checked whether the banding was correct at no charge. Therefore, the “service” offered in the original, unsolicited telephone call was completely unnecessary. I am deeply concerned and further troubled that other vulnerable constituents may be affected by the company and its questionable practices.

My research staff looked into the history of the company, which hid behind office moves and changes of directorship. I wrote to the company, raising my concerns about its business practices and requested a refund for my constituent, but the response was lamentable. My office then reported the situation to the local trading standards team at North Lanarkshire Council, who were extremely helpful. After chasing the company for a refund, they visited my constituent and, after assessing the situation, fitted a telephone screening device to prevent further unsolicited sales calls—exactly one of the devices mentioned by the Minister. Unfortunately, because my constituent used a debit card not a credit card to pay the fee, he was unable to get the money back. Many elderly and vulnerable adults do not have a credit card but, as most of us will know, there is enhanced consumer protection when using one.

Through another case, I have been made aware of a company based in my constituency that has a record of dubious sales practices throughout central Scotland. The company came to my attention when the family of a 79-year-old man, whose wife suffers from dementia, contacted me. The company made an unsolicited visit to the vulnerable couple, offering an external cosmetic service for their home. After taking an initial £800 deposit, the company signed the couple up to nearly £6,000-worth of unnecessary cosmetic work to their home. So keen was it to get the money out of this vulnerable couple that the company did not even check whether they owned the property, which they did not.

Further research into this company shows that they claim to offer a 10-year guarantee, but on closer inspection of their company records a pattern becomes clear. The business practice is to have several companies, with similar names, offering exactly the same services. The directors then fold the company when the heat becomes too great, moving their main business over to one of their many other companies, always with the same two directors in charge. The guarantees are therefore not worth the paper they are written on. That sharp business practice also has a knock-on effect within communities, as it creates reputational risk to other bona fide companies. In an increasingly competitive market, it is difficult for consumers to work out which companies are trustworthy and which are untrustworthy. Unfortunately, many consumers believe that a 10-year guarantee shows that a company is trustworthy, but in the case of this company, nothing could be further from the truth. I also feel for the staff employed by such charlatans, as they, too, may be unaware that the business is built on sand.

I therefore fully support the hon. Member for Solihull and my hon. Friend the Member for North Ayrshire and Arran (Patricia Gibson) on this, and urge the Minister to show the leadership needed to co-ordinate a strong, public service response to these despicable practices.

Oral Answers to Questions

Philip Boswell Excerpts

Monday 22nd February 2016 Commons Chamber

The Secretary of State was asked—

[Philip Boswell (Coatbridge, Chryston and Bellshill) (SNP)]

1. What assessment her Department has made of the cost implications for private businesses of compliance with the proposed requirements of the draft Investigatory Powers Bill.

[The Secretary of State for the Home Department (Mrs Theresa May)]

The draft Investigatory Powers Bill has been drafted in close consultation with industry, and the estimated cost to the public purse of implementing its provisions will continue to be refined as we hold more detailed discussions with industry on implementation. It would not be appropriate to expect telecommunications companies to meet the costs themselves and, as now, full cost recovery will apply to operational costs, including those associated with new obligations under the Bill.

[Philip Boswell]

The Select Committee on Science and Technology warned that the Bill risks undermining our strongly performing tech sector because of uncertainty about the costs of complying with the new legislation. Will the Secretary of State assure us that UK businesses will not be placed at a commercial disadvantage compared with overseas competitors?

[Mrs May]

I can assure the hon. Gentleman of that and, as I said in my answer to his initial question, we will ensure that full cost recovery applies to operational costs for any companies that have, for example, notices issued to them. It is clear that that is what we have done as a Government in the past and what previous Governments have done, and we will continue to do it.