Secure Tenancies (Victims of Domestic Abuse) Bill

Robert Syms Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 8th May 2018 Commons Chamber

[Melanie Onn]

The purpose of the new clause is not to override the devolved Administrations, which is why it calls for a review. If the right hon. Gentleman listens to the remainder of my speech, perhaps it will clarify things for him.

I am pleased to see action to improve cross-border collaboration, but I have not seen any such memorandum. In any event, domestic abuse victims need more than a memorandum of understanding, and we have the opportunity to give them just that right now. I am aware of the sensitivities surrounding devolution, so the new clause does not seek to impose Parliament’s desires on the devolved Administrations, but would instead commit the Government to publishing a review of the domestic abuse policies of each Administration and to working towards ensuring that victims of domestic abuse are treated equally when they move from one nation to another.

[Sir Robert Syms (Poole) (Con)]

Has the hon. Lady written to the Scottish Parliament or Administration, or indeed to the Welsh Government, to ask whether they approve of her new clause?

[Melanie Onn]

I have relied on the good offices of the Minister, who is in government, to undertake the duties of consultation with the devolved Administrations, which was due to take place, I believe, on 19 April, and we await the distribution of a note on the outcome of those meetings, which was requested but which I have not had sight of as yet.

--- Later in debate ---

[Toby Perkins]

I welcome the audit, but the question is what happens afterwards. I would like this to be a statutory service with a responsibility on local authorities to provide it. Will there be any move by the Government towards that? Having the information is one thing, but the next thing is what the Government do with it.

On amendment 2, my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) made an incredibly powerful point about the bedroom tax, describing the circumstances where domestic violence victims might lose their children and then find that they are moving into a small flat and are told by the family courts that they do not have appropriate accommodation to get their children back. I was not at all convinced by what the Minister said about why the amendment was not relevant. I urge my hon. Friend to press it to a vote, because we cannot talk about straining every sinew and still have a barrier of that kind in the way of domestic violence victims.

There is a broader need for us to recognise the threat to refuges that exists not only because of local authority funding cuts but because of proposed changes to housing benefit. We must look at the impact that that could have on refuge provision. I urge the Government, if they are serious about supporting domestic violence victims, to make every possible representation to the Department for Work and Pensions with regard to implementing those housing benefit changes. I support the Government on this important Bill. However, I urge Members to support all the amendments, particularly amendment 2, because they will add further powers to the Bill.

[Sir Robert Syms]

This is an important Bill. I think that we all heard the passion with which the hon. Member for Birmingham, Yardley (Jess Phillips) spoke about this subject, which really underlined how important it is.

I have sat in this Parliament for a long time, and it has always struck me that short Bills, specifically to the point, are far more powerful in supporting people’s rights than the Bills that we sometimes see, with clause after clause. We know how complex housing issues are, and that is why guidance is the key. We put the right into primary legislation, and then we have the guidance to deal with the problems. Victims of domestic violence are often in a chaotic situation because of the nature of what is happening in the home. The best way of dealing with that is through guidance.

The Department consults very widely on guidance. A vast raft of housing charities and women’s rights charities can give their views, and then we have a Committee upstairs. I must admit that having Committees upstairs that simply note what has been discussed always seems slightly odd, but the consultation gives Members an opportunity to raise a lot of points. Indeed, if the Opposition want to pray against something, it sometimes comes to the Floor of the House for a vote. There are mechanisms for ensuring that the guidance is comprehensive and right and it was probably written by the same experts in the Department who were trying to deal with this difficult and complex problem under the Labour Government.

I have seen the passion that many Members have expressed on this subject, and I understand that because this is about people’s lives, but I also listened very carefully to the Minister. She talked about training; that is good. She talked about audit; that is good. She talked about various money pots; that is good. She talked about pilots, which means that the Department is open-minded about how we should go about solving some of these very important problems. Providing that the pilots and the audit are done properly, we can get a better service to those who face the real and great tragedy of domestic violence and the consequences that has for them, their children and the family.

I think that the Government are on the right track. I understand the passion that people feel about this. However, it is not about what is in the Bill; it is about what is in the guidance. There is a big debate to be had on that, but today we need to get on with supporting the Bill and getting it on to the statute book. I therefore support the Minister in resisting the amendments. Let us consult on the guidance, listen to what the experts want us to do, and have a listening Government who will try to ensure that we have a fit-for-purpose policy that will deal with people who are facing great misery at home because of this problem.

[Alex Norris (Nottingham North) (Lab/Co-op)]

Before coming to this place, I served on my city council, where for a number of years I had responsibility for Nottingham’s efforts to tackle domestic abuse and to support survivors. I learned many things during that period, but one thing has particularly stuck with me ever since: when a survivor—usually a woman—makes the decision to leave their abuser, the state must be there to wrap around that person. There can be no grey areas and no “I’ll call you back on Monday”. It must be immediate and comprehensive. Whether it is housing, support for children or fostering for pets, it has to be there. It is with that in mind that I rise to speak.

The Bill enjoys support on both sides of the House, as we have heard, and from the charities that work tirelessly to protect women and children fleeing abuse. The intentions behind the Bill are decent, and while we in this place may not directly see the impact of the decisions we take today, those decisions will change the lives of very vulnerable people and allow them to escape their abusers and start to live their life free from fear. Nevertheless, there are some grey areas of outstanding concern that I want to focus on briefly.

The first is reciprocal arrangements, which are covered in new clause 1. The nature of the abuse that a survivor is fleeing means that they might need to leave Nottingham and go to Birmingham or even Cardiff or Glasgow, and it is vital that they are not disadvantaged. I am grateful for the assurance we were offered—not this morning, as the Minister said, but this afternoon, in letter form—that the Welsh, Scottish and Northern Irish Administrations are relaxed about their abilities to ensure such arrangements. Nevertheless, people change and circumstances change, and that letter will not be of much significance if co-operation is not properly monitored. That is all the new clause asks for, and whether it is accepted or not, I hope that the Government will continue to commit to that.

The Government have stated that the legislation will protect victims who need to move their secure tenancy across local authority boundaries and that amendment 1 is unnecessary because the courts and Government guidance state that the local connection test does not apply in domestic abuse cases. However, those who work on the ground know that that is not quite how it works. The organisations that work most closely with those fleeing abuse have made it clear that, as is so often the case, there is a difference between the best-intentioned Government guidance and the reality of the situation on the ground.

Women often have to flee across local authority boundaries to find safety, and we know that local authorities are at best inconsistent. In 2016-17, local housing teams prevented nearly a fifth of the women supported by Women’s Aid’s “No Woman Turned Away” project from making a valid homelessness application on the grounds of domestic abuse, for reasons including that they had no local connection. It is said in this place that the local connection test does not apply in domestic abuse cases, but it is not always filtering down. That is a good argument for putting that explicitly in the Bill, so that there is no doubt and no grey areas, and on the night or day when an individual leaves, whether they have a local connection or not, the expectation on the local authority is entirely clear.

Finally, on amendment 2 and the bedroom tax, I was really interested to hear from the Minister. She made it clear that this would happen in a very small number of cases, but I would be interested to hear what the evidence base was for that and what those numbers were. I am certain that none of us in this place would want finances to come into play when an individual is making the very difficult decision to leave their abuser. None of us would want that individual to be punished because the house they were moving into was deemed to have a spare room, because they were waiting to be reunited with their children or because of the way the housing stock we are talking about was structured. In Nottingham, there is not a suite of choices waiting for an individual, with the option of saying, “You’d be suitable for a one-bedroom place,” or, “You might be suitable for a three-bedroom place.” The fact of the matter is that we will be putting them wherever we can. I know that none of us would want them to be financially punished for that, which is an excellent reason for accepting amendment 2, so that we are very clear, because it is in the grey areas that we will struggle.

I am conscious that other Members are waiting to speak, so I will leave it there. I believe that the new clause and the amendments would strengthen the Bill. I do not think that much of their substance has been disagreed with; it is just about whether or not to write them down. I will make this clear argument: let us not leave it to guidance. Let us be explicitly, painfully, to-the-letter clear about the system that we are designing today. The consequences of it are life and death, so it is well worth our putting those words on the face of the Bill.