Secure Tenancies (Victims of Domestic Abuse) Bill [ Lords ] (First sitting)

Rosie Duffield Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 27th March 2018 Public Bill Committees

[Alex Norris]

I came this morning more in hope than expectation. I can count how many Opposition Members there are and how many Government Members, which brings a certain likelihood to whether we will get what we hope for out of the sitting. Come what may, I want to know that we have made the case for the person who has made that incredibly difficult decision and weighed up the pros and cons, and removed all the artificial arguments against leaving that very dangerous situation. There cannot be any worse argument in that column than, “I can’t afford the money to do so”. That would be an awful reflection on us as a society. Wherever that happens, we must do our absolute best to remove it. We will have let people down if, in their moment of greatest challenge, they turn to the services we rely on to live our lives freely and find out that they are asked for a fee that they cannot afford.

We have heard lots of sums discussed so far in the debate. We will have seen it in our casework as well. Every single time, whether the fee is £25, £50, £70, £100 or £150, it is always a suspiciously round number. There is no calculation that sits behind it. I do not think anybody is saying that we want to see public service finance suddenly decimated by this extra requirement of support—that is not the case. Hon. Friends have made the point that it is done because it can be done. We have the chance this morning to make sure that it cannot be done and we ought to take it. There are very compelling arguments for amendment 3.

On evidence, will the Minister say what evidentiary standard she thinks local authorities will be looking for and whether there will be local variants? That comes back to the arguments that we made earlier about training, local discretion and any possibility of a postcode lottery. I hope that that will not be the case.

What will be the exemptions? I am conscious of the exemptions in other pieces of legislation. I think about benefits from the Department of Work and Pensions which have a domestic violence exemption. Similarly, there is the application for the exemption from the Child Maintenance Service. Are similar exemptions likely to apply here?

[Rosie Duffield (Canterbury) (Lab)]

As Opposition Members have mentioned many times, the barriers to leaving are crucial. We are talking mostly about women who have spent months, years, sometimes decades making mental lists over and again about their route out. Their route out will be to sort out the children’s school, to talk to their friends, to reach out to someone and to go to services. All those things take huge amounts of courage at the first step and then the next step, and then it possibly gets easier.

Our main responsibility today is to remove all the barriers on that route out. If those of us here decide to do something, we mostly have the money to do it. These women have been controlled financially, which is the main way in which women are controlled in a domestic violence situation. The partner may have run up debts that the woman cannot deal with, or certainly will have stopped access to money for anything from children’s presents to basic sanitary products and food. We have a duty to make sure that that crucial element is included in the Bill.

Finances are the barrier—the brick wall with no holes. Someone might be able to deal with the other things; they might be able to borrow a little money from a grandparent for a children’s present or for Tampax, but they will not be able to find £100—from the list of desperate, emergency things in their head—to prove that they have been a victim. It is essential to make sure that that is not a thing that happens.

[Mrs Wheeler]

I am sure we can all agree that we are not at ease with the idea of charging a fee to a victim of abuse who is seeking evidence of that abuse. The issue was raised when the Bill was debated in the Lords, and it was discussed on Second Reading in the Commons, particularly in relation to the medical profession.

As I understand the matter, the provision of notes or letters of evidence of abuse falls outside a GP’s NHS contract, and therefore a fee can be charged. Negotiations for the 2018-19 contracts are currently going on, and the Minister for Faith, Lord Bourne of Aberystwyth, who took the Bill through the Lords, has written to the Department of Health and Social Care to raise the concerns that arose among peers about this issue during the Bill’s passage through the Lords. As I said to hon. Members on Second Reading, I shall inform the House when we have a response to that letter.

It is, however, important to remember that victims of abuse may seek evidence from a wide variety of sources—not just GP letters or notes—as set out in the homelessness code of guidance. As part of the variety of evidence that can be supplied, an individual, as a data subject, can ask to be provided with their medical records.