Domestic Abuse Bill

Ruth Edwards Excerpts

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

[Nadia Whittome (Nottingham East) (Lab)]

It is an honour to follow the hon. Member for Thurrock (Jackie Doyle-Price). I wholeheartedly support the sensible and necessary amendments to this Bill brought forward by several of my courageous and learned colleagues. I particularly wish to mention my hon. Friend the Member for Canterbury (Rosie Duffield), who has spoken courageously on domestic abuse, and my excellent colleague my hon. Friend the Member for Walthamstow (Stella Creasy), because of her ongoing work to have misogyny treated as a hate crime. I am proud to represent Nottingham East, the birthplace of the movement to recognise misogyny as a hate crime, and I pay tribute to pioneers at Nottingham Women’s Centre, as well as Juno Women’s Aid, and, in particular, to Mel Jeffs.

No recourse to public funds renders many of the most at-risk individuals completely powerless and increases their chances of being preyed upon by abusers or falling into destitution. The choice presented to Members today is whether this Bill progresses with or without leaving migrant women behind. Many migrant women are, in effect, excluded from the protective measures in this Bill as they have no recourse to public funds. What advice has the Minister sought as to whether the Bill, in its current form, is compliant with paragraph 3 of article 4 of the Istanbul convention? We know that migrant women face additional barriers to safety, because abusers commonly weaponise fears of immigration enforcement and separation from their children to control them. The draft statutory guidance to accompany this Bill clearly recognises that migrant women face these additional obstacles to safety and are afraid of reporting. Does the Minister accept that the Government’s current policies in this area, in effect, encode and entrench the abuser-victim dynamic into the system? Will she acknowledge that the legislation, as it currently stands, does not match the facts recognised in the statutory guidance?

It is promising that some key amendments have made the cut, including the recognition that children are victims of domestic abuse in their own right, as well as the expansion of the ban on abusers cross-examining the victims in court. However, as Pragna Patel, the director of Southall Black Sisters, has said:

“The decision to leave migrant women out of this bill sends the message that their lives are not valued, they are disposable, they are second-class people, they are invisible”.

This invisibility is exacerbated through clause 53, which neglects the commissioning of specialist support for BAME women in the community. There are only 30 specialist by and for black and minoritised women’s refuges for the whole of the UK, with 50% of BAME specialist refuges having been forced to close or been taken over by a larger provider because of Government funding cuts in the past decade. I wish to close with words from the End Violence Against Women Coalition, which has stressed that

“Amending the Bill is the only route to guarantee a fair system to all victims”

and ensure compliance with the Istanbul convention, which this Bill seeks to ratify.

[Ruth Edwards (Rushcliffe) (Con)]

Let us consider these words: “When I met my ex, I was a confident 17-year-old woman, but he wore me down until I did not recognise myself any more.” They are the words of a remarkable woman, my constituent Natasha Saunders. I wish to share some of her story with this House today. First, let me say that this Bill has seen this House at its best, working together to increase awareness of domestic abuse and its devastating consequences, to strengthen support for victims and to bring more perpetrators to justice. It will support victims to give evidence in court and it will end that most pernicious of defences, the so-called rough sex defence.

Domestic Abuse Bill

Ruth Edwards Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

I express my commiserations to the Queen, the royal family and, of course, the family of our very own Dame Cheryl Gillan.

I really welcome the Bill: it is a huge step in the right direction to better support victims of domestic abuse, and I thank all those who have worked so hard to make sure that it has come forward. However, in passing this legislation we must ensure that someone’s migrant status does not prevent them from getting the support that they need.

One of the greatest challenges in tackling the abhorrent crime of domestic abuse is the fact that all too often incidents go unreported. The problem is further exacerbated if victims are afraid to come forward because they fear that doing so could lead to their deportation. For example, there is a risk that people will be afraid to report their abuse if their right to be in the UK is dependent on their staying with their spouse. Everyone, no matter their migration status, deserves equal protection under the law.

Lords amendment 40, on data sharing for immigration purposes, is therefore a huge opportunity to reassure victims and witnesses that the details they share with the police and other agencies will not be used for any immigration-control purposes. This will give them the confidence to come forward and report this often-hidden crime.

Let me turn to Lords amendment 41, on leave to remain and the destitution domestic violence concession. The long, arduous process of reporting domestic abuse and then through to eventual conviction is immensely taxing for all victims. The stress caused is unmanageable if victims are having to secure their right to remain in the UK at the same time.

The situation is made worse by the policies that limit access to some key services for those subject to immigration control. Lords amendment 41 will enshrine into law the right of victims of domestic abuse to have a route towards being granted indefinite leave to remain. Importantly, it will also guarantee their right to access services that could provide a vital lifeline. It could save lives.

In building a global Britain, we must stand shoulder to shoulder with all victims of domestic abuse, no matter their country of origin. Not only do we have a moral responsibility to enact the changes in the Lords amendments but, as signatories to the Istanbul convention on preventing violence against women and girls, we have an international responsibility, too.

One of the remaining hurdles in the way of full implementation of the convention is equal protection on the grounds of migrant or refugee status. Eight years on from the UK having become a signatory, it is a national embarrassment that the Government have repeatedly dithered and delayed its implementation. Lords amendments 40 and 41 will remove the stumbling block and pave the way towards Britain fulfilling its international and moral obligations.

Domestic abuse has existed in the shadows for far too long. This legislation goes a significant way towards protecting victims, and I hope Members will support Lords amendments 40 and 41 to ensure that its protections are available to all.

[Ruth Edwards (Rushcliffe) (Con) [V]]

I am delighted to speak in this debate. Some excellent additions have been made to what was already a very strong Bill. In particular, I am delighted to speak to Lords amendment 35, which makes threatening to share sexual photographs or videos of someone without their consent an offence punishable by up to two years in prison.

Let me put on the record my thanks to both Bill Ministers, the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), and the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk). I know that they have long supported these measures and worked hard to include them in the Bill, and they have put up with my badgering them on this issue with good grace. I also thank Baroness Morgan of Cotes, whose expert—and indeed noble—badgering was successful in getting the amendment over the line in the other place.

Most of all, however, I thank my constituent Natasha Saunders. I should say “my former constituent” because I have lost her to my hon. Friend the Member for North Herefordshire (Bill Wiggin)—although she assures me that that is no reflection on her former Member of Parliament. Brave women such as Natasha, and brave men, have stood up and told their stories. It is one thing to campaign for changes to the law; it is much harder for someone to speak publicly about the darkest moments—the most personal and private moments—of their life.

When we last debated the Bill in this House, I shared some of Natasha’s story. She said, in her own words:

“The threat of those photos being shared was my worst nightmare—I had no choice but to comply with his continued abuse or face potential humiliation… The threat was always there and as the years went on, it was like I ceased to exist. He made me feel invisible to everyone and if I displeased him in any way, I knew he could use those pictures to ruin my reputation.”

Natasha has been working with Refuge. I thank it, too, for its excellent research on this issue, which gave us the evidence base we needed. Refuge’s “The Naked Threat” report found that one in 14 people in England and Wales, and one in seven young women, has been a victim of threats to share. Almost four in five women changed the way they behaved as a result of the threats, proving how much this law is needed.

Threatening to expose someone at their most vulnerable because they have done or want to do something you do not like is a deeply sinister crime. It has already resulted in tragedy, and I know it has contributed to trapping people in dangerous, abusive relationships. Now survivors will have a route to justice.

I am proud to vote for Lords amendment 35. I am even prouder of Natasha. She has decided to start on the journey from campaigner to Member of Parliament, to do more to protect others from the horror she suffered, and I very much hope that she will join us on the iconic green Benches before long.

[Christine Jardine (Edinburgh West) (LD) [V]]

First, may I associate myself with the remarks of the Minister and the tributes to both His Royal Highness Prince Philip and Dame Cheryl Gillan?

It is, as others have said, a privilege to take part in this debate. When the Bill was first introduced, we were already aware of the need for protection for so many in our society. Roughly 2 million people a year in the UK, most of them women, are subject to some form of domestic abuse. In the subsequent debates, we have heard some incredibly brave and moving stories.

Throughout the covid-19 crisis, we have seen domestic abuse figures increase exponentially. In the past month, we have become, if anything, even more aware of the need for this landmark legislation. As the hon. Member for Birmingham, Yardley (Jess Phillips) expressed, it is our duty here to reflect the demand for change that we have seen and heard from so many in our society.

The Bill has certainly changed and developed over the past four years. It has been supported and shaped positively from both sides of the Chamber, and I believe it has become stronger as a result. We have made progress and strengthened the Bill in areas such as including children in the definition, introducing protections for survivors of abuse in court, and taking our first steps towards making misogyny a hate crime.

However, the Bill could still be stronger. There are important, significant areas in which there is more work that we need to do. They include migrant women, who should have the same consideration as every other woman in our society. Getting out of a violent or abusive situation should not be dependent on where someone comes from. For me, this is a critical point. As has already been mentioned, this country has signed the Istanbul convention, but the Government have yet to ratify it. Under that convention, a person could not be denied support on the basis of their immigration status.

There is a specific amendment that I would ask the Government to reconsider: Lords amendment 42, on monitoring serious and serial perpetrators of domestic abuse and stalking. In the other place, my colleague Baroness Brinton spoke powerfully from her own awful experience about the clear need to strengthen MAPPA and introduce a register for serious and serial perpetrators of domestic abuse and stalking. That is why Lords amendment 42 is so important, and we should oppose the Government’s attempt to replace it with a much weaker amendment.

Tackling domestic abuse must include ensuring that the criminal justice system deals with obsessed serial perpetrators properly. I appreciate the Minister’s explanation, and the fact that she sympathises with the objective of the Lords amendment, but I cannot agree that there are not sufficient benefits to justify complications. There is no complication I can see that is ever too great to justify not increasing protection for any of us at any time from anyone. We have already heard numerous moving examples today of the damage done to lives by repeat offenders, and Liberal Democrats do not believe that the Government’s amendment in lieu goes far enough. We will therefore not support it.

This Bill speaks to a problem that infects our society and threatens people, mostly women, in every part of the country every day of the year. We are sending a message today from this place. Let us make it the strongest it can possibly be, so that when the Bill reaches the statute book, this landmark legislation is the strongest it can possibly be.