Immigration Detention

Seema Malhotra Excerpts

Thursday 10th September 2015 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I am pleased to speak in this incredible debate, and to thank my hon. Friend the Member for Sheffield Central (Paul Blomfield) and the hon. Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) for securing it. I thank members of the all-party groups on refugees and on migration for their joint inquiry, and I want to acknowledge the work of Sarah Teather in bringing this about.

This report has rightly been welcomed as a powerful intervention in the debate on the reform of our detention system. We have heard excellent contributions from, I think, 25 hon. Members today—contributions from my hon. Friend the Member for Sheffield Central; the hon. Members for Enfield, Southgate and for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald); the hon. Member for Bedford; my hon. Friend the Member for Ealing, Southall (Mr Sharma); the hon. Member for Crawley (Henry Smith); my right hon. Friend the Member for Slough (Fiona Mactaggart); the hon. Member for Stafford (Jeremy Lefroy); my right hon. Friend the Member for Oxford East (Mr Smith); the hon. Members for Glasgow North East (Anne McLaughlin), for Fylde (Mark Menzies) and for East Kilbride, Strathaven and—excuse me if I do not pronounce it correctly—Lesmahagow (Dr Cameron); the hon. Member for Wealden (Nusrat Ghani); my hon. Friend the Member for Ealing Central and Acton (Dr Huq); the hon. Member for Eastleigh (Mims Davies); the right hon. Member for Orkney and Shetland (Mr Carmichael); the hon. Members for Dewsbury (Paula Sherriff), for Rutherglen and Hamilton West (Margaret Ferrier) and for Glasgow South West (Chris Stephens); my hon. Friends the Members for Sheffield, Heeley (Louise Haigh) and for Hayes and Harlington (John McDonnell); the hon. Member for Glasgow North East (Anne McLaughlin); and my hon. Friends the Members for Birmingham, Yardley (Jess Phillips), for Edmonton (Kate Osamor) and for Hornsey and Wood Green (Catherine West).

The issue unites not just the House, as is clear from the debate, but the country, demonstrating the powerful and overwhelming case for reform of a system that is not fit for purpose. Members have raised a range of issues—on time limits; the detention of the wrong people; the unnecessary deprivation of liberty; the experience of women, often victims of sexual abuse or human trafficking, in detention; the need for gender-specific processes; poor case management; access to justice and legal advice; access to health services; the desperate issue of self-harm and suicide; mental health issues caused by, as well as worsened by, detention; family separation and accompanied minors; the long-term impacts on the well-being of children; the training of staff; and the desperate need to look at alternatives to detention.

We in the Labour party have repeatedly called for a review and reform of immigration detention policy. The current system is failing people who are scarred by a system where report after report shows detention being used disproportionately and for far too long. In fact, Home Office statistics for the first quarter of this year alone show 3,483 people held in immigration removal centres. Two thirds of them have been held for over 28 days. Of those, 488 had been detained for more than six months, 153 had been detained for more than a year, 25 had been detained for more than two years and one individual had been detained for more than four years. Not only is that expensive, but indefinite detention has been shown to have a highly negative impact on mental health and well-being. Will the Minister give the House more information on the reasons for such long detention times? What are the reasons for 488 people being held for more than six months? What countries are they from? What on earth could be the cause of someone being in detention for more than four years? What steps has the Minister taken to reduce that time?

Shockingly, between 2011 and 2014 the Government paid out nearly £15 million in compensation following claims for unlawful detention. The cost of failure is plain to see. What steps has the Minister taken to reduce that bill? What analysis has he undertaken of the root cause of these errors? The need for reform is clear, in order to achieve not just administrative excellence, with greater efficiency for the taxpayer, but a more proportionate use of detention in line with the principles of fairness and justice, with detention only as a last call, not a first call, as it has become.

I want to focus my remarks on three main areas: the need to end detention without limit; the reform so desperately needed for women detainees; and the need for us to rethink afresh about alternatives to detention. My hon. Friend the Member for Sheffield Central and the hon. Member for Enfield, Southgate, along with many others, spoke eloquently and passionately about the need for time limits. The UK is one of only a few countries in Europe not to have a statutory time limit, and we are out of sync even with Taiwan, Georgia and the United States, to name but a few. The United Nations High Commissioner for Refugees detention guidelines outline the need for statutory time limits. In May, the Home Secretary indicated that the length of detention is being considered by Home Office officials as part of a broader review of immigration detention. It is four months since then, so will the Minister update us on the progress of those discussions, on whether that is part of Stephen Shaw’s review and on when that review is expected to report? With broad support from both inside and outside the House for limited detention times, including from Nick Hardwick, Her Majesty’s chief inspector of prisons, and with so many calling for an end to indefinite detention, surely it is time to move forward. That point is made even more poignant with the extensive humanitarian crisis we are facing.

In August, we also saw another devastating report on Yarl’s Wood by Her Majesty’s chief inspector of prisons, and the experience of so many women in detention remains shocking: a third of detainees were transported to the centre overnight; the reception process took too long; detainees did not receive an adequate induction; even with the knowledge that the risk of self-harm is high, safeguarding procedures are underdeveloped; women on suicide watch report being observed by male guards, even in intimate situations; and detainees report feeling unsafe and being subject to sexually inappropriate comments from staff. Those experiences would be harrowing for anyone, but we must recall that a high proportion of women asylum seekers have also reported previous experience of domestic or sexual abuse, and they will be particularly vulnerable. Nearly half of those who go to Yarl’s Wood report that they feel suicidal on arrival. Yarl’s Wood is an embarrassment and we need to look at closure.

As has been mentioned today, nearly 100 pregnant women were detained last year, yet 90%—I repeat, 90%—of them were released. When 12 cases were examined, it was found that eight of these women should not have been detained or they should have been released earlier. A response to a written question about women detainees over the past three years showed that 834 out of more than 1,600 detained were released. Why were so many just released back into the community and not sent abroad?

I thank organisations such as Detention Action and Women for Refugee Women, which are represented here today, for the extraordinary work they do in raising the needs and the voices of those they support. In December last year, the shadow Home Secretary called for the prohibition of the detention of pregnant women and of individuals who have been trafficked or tortured or who have suffered sexual abuse. That proposal was also in Labour’s manifesto. It beggars belief that in the face of so much evidence the Government have still sat on their hands. It is also disappointing that the UN special rapporteur on violence against women, Rashida Manjoo, who published her report on the UK in June, was denied access to Yarl’s Wood; the Home Office has another chance here, and I hope the Minister will take that much-needed step and make a positive announcement today.

Finally, I wish to say a few words about alternatives to detention, as the report we are debating has laid out clear arguments for reviewing those. The UK has a long way to go to identify alternatives that are more cost-efficient and, in many cases, more effective. There is growing evidence from other countries, including Sweden and Australia, as to the benefits of stronger community- based approaches which allow for individualised case management, better access to legal advice and far less of a negative impact on well-being. Research has also shown that individuals who believe that they have been through a fair refugee status or visa determination process are more likely to accept and comply with a negative outcome. Will the Minister therefore update the House on the steps he may now be considering and how he plans to develop effective alternatives that go beyond a requirement to report or electronic monitoring?

We welcome this report and its findings, and thank those who have taken part. We also welcome the challenge it has laid out on the wholesale need for reform. More people who are detained are subsequently released than return to their country of origin. We now have an opportunity to do the right thing, at a time when we know that there will be no expansion of the estate but that demand is increasing. It is not just humane but vital that we see a culture change in our system and a change in the use of immigration detention so that it is a measure of last resort, not first resort. I look forward to the Minister’s response.

[The Minister for Immigration (James Brokenshire)]

I congratulate the hon. Member for Sheffield Central (Paul Blomfield), and my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) on securing today’s debate on the report of the joint inquiry by the all-party group on refugees and the all-party group on migration into the use of immigration detention in the UK. I am aware that all three of them, as well as others who have contributed to this debate, were part of the panel that produced this report, and I thank them and their fellow panel members for their work. The report raises interesting points on an extremely important issue, which we have examined and continue to examine carefully. Like other right hon. and hon. Members, I also want to place on the record my thanks to Sarah Teather, who chaired the panel and did some extremely important work. This was certainly a topic on which she was very impassioned, and remains so to this day.

This debate has highlighted the fact that immigration detention remains an important and emotive subject. Depriving an individual of their liberty is one of the most serious acts a state can take. The decision to detain should never be taken lightly and, once the decision has been taken, it is incumbent on the state to take proper steps to safeguard the health and welfare of those in detention. I always stress that those detained should be shown respect and dignity. This has certainly been an area of particular focus for me since I became the Minister for Immigration last year. I have visited a number of immigration removal centres; indeed my first visit this Parliament was to Yarl’s Wood, and last week I was over at Heathrow seeing the two immigration centres there. The issue will command a continuing focus, on the part of not only the House, but Home Office Ministers.

The Home Office uses immigration powers of detention to prevent unauthorised entry to the UK or to effect the removal from the UK of people who have no right to be here. A lot of the debate has highlighted asylum, but IRCs deal with many broader matters, including foreign national offenders and cases where people have overstayed and are abusing their right to be in this country. It is therefore a complex picture, but it is important that we discuss these points in the way we all have during today’s debate.

[Seema Malhotra]

rose—

[James Brokenshire]

I have a limited time to cover quite a lot of points. My normal approach would be to take lots of interventions, but I would like to make a number of points in response to those raised, if hon. Members would allow me.

It is very important that we are able to remove people who have no right to remain in the UK and those who have abused our hospitality by committing crimes. We would always prefer those with no right to be here to leave of their own volition, and a number of mechanisms in the Immigration Acts and the forthcoming immigration Bill are designed to promote that, but unfortunately it does not always happen. When individuals refuse to leave voluntarily, we must be able to enforce their removal. That may well require a period of detention, which we aim to keep as short as possible.

We need to be clear about the fact that detention is not only a necessary tool to support the removal from the United Kingdom of foreign criminals, which I am sure Members in all parts of the House would endorse, but equally important in managing non-compliance by people who are here without lawful basis of stay.

As a number of Members have mentioned, the report’s principal recommendation is that immigration detention should be subject to a statutory time limit of 28 days. I should explain that it is not possible to detain under immigration powers indefinitely, although some have sought to suggest otherwise. Indefinite detention is unlawful. To be lawful, detention must be based on one of the statutory powers in the Immigration Acts, and must accord with the limits set out in case law from both the domestic courts and the European Court of Human Rights. There must be a reasonable prospect of removal within a reasonable time frame, and the Home Office must continue to show how a case is being progressed to removal if detention is to be maintained.

Our published policy makes clear that there is a presumption in favour of liberty and that detention should be used only as a last resort, but there will be some cases in which longer periods of detention may be appropriate. The hon. Member for Feltham and Heston (Seema Malhotra) asked me about that. “A reasonable prospect of removal within a reasonable time frame” is a highly case-specific consideration. A reasonable time frame may be longer, for example, for a person with a history of non-compliance with immigration conditions than for a more compliant individual. Criminality and public protection concerns will also play heavily into the consideration of the length of the reasonable time frame. There are some very difficult cases involving foreign-national offenders who may be seeking to frustrate their removal. No doubt we will return to the issue of how that can be managed, in the context of, for instance, the use of electronic tagging, and I look forward to those future debates.

I am sure Members agree that it would be totally unacceptable to reward foreign criminals and illegitimate migrants who refuse to comply with immigration law by requiring their release, even when removal was imminent, simply because a blanket time limit had been reached. Members may recall that an amendment to introduce a statutory limit of 60 days was proposed in another place during the Report stage of the Immigration Bill last year, and was rejected by a majority of over 300. The rejected time limit was significantly more than the 28-day limit proposed in this report. In the light of that earlier clear vote, the Government do not currently propose to return to legislate on the issue, but we will keep it under review.

The report recommends that more use should be made of alternatives to detention in the UK, and I entirely agree with that recommendation. Our published policy already reflects the view that detention should be used only as a last resort, and that alternatives should be considered whenever possible. I am considering carefully what further steps may be taken in that regard.

Concerns have been raised that we do not deport or remove people quickly enough, and that they may therefore spend longer in detention. Concerns have also been raised about the number of people who are released from detention rather than being removed from the UK. We are keen to ensure that deportation or removal takes place promptly. We streamlined immigration and appeal processes in the Immigration Act 2014 to support that, and we are considering what further steps can be taken.

People may be released from detention for a wide variety of reasons. For example, their circumstances may have changed in a way that makes detention inappropriate, they may have been granted bail, or their removal may have been prevented or delayed by unexpected obstacles such as the securing of travel documents or the lodging of late legal challenges. It does not follow automatically from a release that the original decision to detain was wrong.

However, there is more that we can do in this area. Work is in hand to examine the purpose, operation and size of the detention estate. As part of that work, we will be looking at the issues of gatekeeping for entry to detention and the review of detention, once authorised, to see how those important functions might be enhanced. We will certainly reflect on the points that have been made about caseworking. I take this very seriously, because I want to ensure that the use of detention is appropriate and is applied in the right manner.

Part 2 of the report focuses on the physical conditions of detention, including the standard of accommodation provided in immigration removal centres and healthcare representation. It is common ground that when we do detain, it is vitally important for individuals to be held in humane but secure accommodation, and for us to ensure that their welfare is safeguarded at all times. Obviously, we have an overview from Her Majesty’s chief inspector of prisons, and I meet representatives of the independent monitoring boards that operate in immigration removal centres, whose reports I take extremely seriously.

Following the publication of the report, we asked Stephen Shaw, who was conducting an independent analysis of welfare in IRCs, to look specifically at part 2 as part of his review. We have not yet received Mr Shaw’s report and had an opportunity to consider it fully, and it would not be appropriate for me to speculate on its findings, but I assure the House that we will be considering it very carefully indeed. It is a serious piece of work, and we will give its response serious consideration.

I am conscious that I am nearing the end of the 10 minutes that Front Benchers are customarily allowed. I apologise again to Members for that fact that I may not have been able to respond to every single point. I thank the members of the all-party parliamentary groups for their work in putting the report together, and I thank the Members who secured today’s debate. I take this issue extraordinarily seriously, and the Home Secretary does as well. That is why we commissioned Stephen Shaw’s report, and, once it has been concluded, we will update the House accordingly.

Oral Answers to Questions

Seema Malhotra Excerpts

Monday 6th July 2015 Commons Chamber

[Mrs May]

As I said to the hon. and learned Lady, we are reviewing the detained fast track scheme. She makes a wider point about detention, particularly about vulnerable people in detention. Because I felt it was appropriate that we looked at that issue, I asked Stephen Shaw to conduct his review of welfare in detention, as he has been doing for some months. He has visited the various detention centres and spoken to a number of people who have an interest in this issue, and he will be bringing his review forward.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The UN special rapporteur did indeed conclude that there was a lack of consistency in the Government’s approach to violence against women and girls. In addition, recent data show that 16 to 19-year-olds are more likely to be victims of intimate violence than any other age group. When does the Home Secretary plan to respond to the report’s conclusions and, in addition, the need for compulsory relationship and sex education in schools?

[Mrs May]

I am sorry that the hon. Lady did not feel able to welcome the fact that in 2014-15 police referrals, charged defendants, prosecutions and convictions for all crimes of violence against women and girls reached the highest volume ever. The criminal justice system is dealing with these issues. Of course, there is always more that can be done. We want people who commit these crimes of violence against women and girls to be brought to justice, and that is exactly what we are doing.

Devolution and Growth across Britain

Seema Malhotra Excerpts

Wednesday 3rd June 2015 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making a very powerful speech. Bearing in mind that the UK trade deficit widened from the last quarter of 2014 to the first quarter of this year, does he not agree that local authorities and local enterprise partnerships play a very important role in helping to support businesses to take advantage of export opportunities, so that Britain’s businesses can meet their maximum potential in the world?

[Mr Umunna]

My hon. Friend raises a very important point. The current account deficit is at its highest ever level at the moment, and she is absolutely right about the approach that we need to adopt.

Beyond the economic argument, which I have talked about, there is a bigger argument to be made for devolution. We know that levels of trust in politics are low, but we also know from research that policies formulated and delivered locally command far greater trust than those made in Westminster.

Oral Answers to Questions

Seema Malhotra Excerpts

Monday 23rd March 2015 Commons Chamber

[Karen Bradley]

I thank my right hon. Friend for his question. He is right that the National Crime Agency has made a good start. We have looked carefully at where powers are needed to increase the weapons that it has in its arsenal, and the Serious Crime Act really assists the National Crime Agency and other police forces in making sure that they can tackle particularly criminal finances to stop the Mr Bigs keeping hold of their money.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

One of the most serious forms of organised crime is child sexual exploitation. The National Crime Agency was given information over a year ago about 20,000 people who had downloaded abusive images of children. Twelve months later, only 2% have been fully investigated or charged. What has happened to the other 98%? With that kind of backlog of CSE cases, does the Home Secretary really think that this is the right time to cut thousands more police?

[Karen Bradley]

The hon. Lady disappoints me. We have had this conversation on several occasions. The fact of the matter is that the National Crime Agency, through Operation Notarise and others, has protected more children from abuse than any other agency, and it is ensuring that children at risk of abuse are looked after and protected in a way that has never happened before.

Violence against Women and Girls

Seema Malhotra Excerpts

Thursday 12th March 2015 Westminster Hall

[Pauline Latham]

I certainly agree. Any project such as the one in Rugby is welcome, because we want more organisations to educate and to help people to come forward and talk about FGM, which has been a taboo subject—something done behind closed doors—with families closing up and not talking about it. Girls have suffered as a result. I welcome anything that any organisation, such as the one in my hon. Friend’s constituency, can do.

I also welcome the fact that we have some men in the debate. The subject is not women only and we should recognise that we need men to engage with it. I am pleased that in this place we seem to have a lot of men who are concerned about violence against women in this country and abroad.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

The hon. Lady is being generous in taking interventions. I thank her for making a powerful speech and for her work on the APG.

The Opposition supported the amendment that the hon. Lady tabled to the Serious Crime Bill to ensure that girls at risk were supported in relation to FGM protection orders. Does she recognise, however, the importance of making FGM an offence? That has been supported by a large number of campaigning groups, and the Labour party tabled an amendment on the issue in Committee. Taking action would mean that, in communities where there were pressures on parents to cut their daughters, action could be taken against those involved.

[Pauline Latham]

Yes, but FGM has been illegal in this country for many years; it is just that we have had no prosecutions. Those are the one thing that will reduce the incidence of FGM. We need to look much more at how France has had successful prosecutions, so that we can have some here. That will show the country, and the world, that we are serious about combating FGM.

One of the amendments I mentioned was designed to give judges explicit guidance to allow them to grant FGM protection orders for girls at risk of FGM. Such orders would stop an at-risk girl leaving the country and prevent the commissioning of an FGM offence. Those offences do not always happen in this country; they can happen when girls go abroad, to places such as Ethiopia, and they often happen when girls go away during the summer holidays. We need to stop that, and education is the only way we can do it.

The amendment would also have provided a concrete framework for social workers, law enforcement agencies and other bodies to operate in. We know from previous experience that non-statutory guidance simply would not provide enough support for workers concerned about a girl at risk of FGM. That lack of direction, coupled with a fear of offending culture and tradition, as well as confusion as to what protective measures are appropriate, has more often than not resulted in a failure to put in place the appropriate safeguarding mechanisms. It is not acceptable to let more girls slip through the net, and I implore the next Government to provide the support that the judiciary and health care professionals need. Cutting is not cultural, and it is not something we accept in this country—it is child abuse. We need to recognise that these girls are at risk of child abuse.

--- Later in debate ---

[Mary Macleod]

We have already heard about female genital mutilation. In my part of west London, there have been about 50 cases of FGM in one of my local hospitals in the past year, which shows the scale of it. Those cases were in the maternity wing, where the women were giving birth. That is definitely something that we need to take account of.

I must pay tribute to my right hon. Friend the Member for Richmond (Yorks) (Mr Hague), who, with Angelina Jolie, has been leading the campaign on sexual violence in conflict. It really has raised awareness at an international level, which is important. Domestic abuse is very much a hidden crime that affects every community and all backgrounds in this country and around the world.

I was at an international women’s day event last Friday. One of the speakers, a lawyer, said that she had no knowledge of domestic violence until one day when she heard screams outside her house. She went out to see what was happening, and a man was banging the head of his wife against the roof of a car, so she tried to do something about it. She found out later that he was banging his wife’s head against the car because she had bought a new pair of shoes that day. It was absolutely ridiculous. That was a visible sign of abuse, but so much happens behind closed doors and we do not see it. That is why it is important to encourage people to speak out about it. It affects men and women, and it is important to encourage victims to speak out and get the support that they need.

We have taken some steps forward in this Parliament. We have had £40 million of stable ring-fenced funding for specialist domestic and sexual violence support services, and the Home Secretary recently announced £10 million to support refuges, which was great. She came to the London domestic abuse summit, held in Chiswick in west London. The very first refuge in the world for women was in Chiswick. I wanted to show that London was responding to the problem and that we were a core part of finding a solution.

We have also widened the definition of domestic abuse, as the Minister said in the previous debate, so that it also includes the emotional and psychological abuse of 16 and 17-year-olds. We have opened 15 new rape support centres, in addition to the 84 that already existed, and we have increased the prosecution rate to 74.6%. We have introduced Clare’s law—the domestic violence disclosure scheme—and domestic violence protection orders. There has been a rigorous review by Her Majesty’s inspectorate of constabulary into the approach by police, which I have chased up with my local police. They say that body-worn cameras are making a real difference on domestic abuse cases. We have also investigated ways to strengthen the law to provide a single offence of domestic violence, and introduced stalking offences as well.

We have issued new guidance for the prosecution of FGM cases, and issued guidance to councils on how to identify domestic abuse quickly. We have signed up to the Council of Europe’s convention on preventing and combating violence against women and domestic violence, and held the first violence against women and girls global conference. So some things have been done.

I am also trying to work with the Mayor of London’s office; I really want London to be a city with an absolutely zero-tolerance no to domestic abuse. In announcing £5 million in respect of domestic abuse recently, the Mayor said:

“This is a horrendous and frightening crime and all victims should have all the support they need, no matter where they live, which this new service will guarantee. But we’ve also got to get tough on the perpetrators of abuse by making it very clear that domestic violence in any form will not be tolerated and give victims who have the courage to report abuse the support they need to get the justice they deserve.”

That is absolutely right, and that support is critical.

Things can be done on a small scale. One of my local residents in Isleworth, Lesley Miller, recently did an art exhibition in South street to raise money for domestic abuse charities to help to create something positive from this. I have pushed my local council in Hounslow to prioritise victims of domestic abuse on the housing waiting list, especially when they have children, to save them going into temporary housing and then on to other housing, and to try to get them as stable as possible, so that children can get that support.

It was really good to hear the Secretary of State for Education announce the other day that all school pupils will now be taught a curriculum for life. I must pay tribute to my local Youth Parliament member, Dunja Relic, who raised the issue in a recent meeting that the Secretary of State was having in Brentford and talked about the curriculum for life. Only a month later, the Secretary of State has announced that everyone will be taught the curriculum for life, which is about emotional resilience to cope with the modern internet age.

Sexualised images on the internet, bullying and incidents of revenge porn are creating unimaginable pressures for young people, so schools need to do more to help pupils— to help young people—to manage their lives and stay safe. Teachers will be urged to improve sex education lessons and new topics will be drawn up to be covered in personal, social, health and economic education lessons.

[Seema Malhotra]

The hon. Lady is making a powerful speech, and indeed, we have worked in similar ways on those issues in Hounslow. I wonder whether she can clarify something: in my understanding, the announcement made by the Secretary of State for Education is for non-statutory guidance, so it is not clear how many schools will implement it.

[Mary Macleod]

The information from the Secretary of State’s office said that all schoolchildren will be taught it, so that is something that we definitely need to push on and ensure is happening in each of our schools. An important part of that is the dangers of the internet, which are not included. That raises lots of additional issues. The Secretary of State said:

“A good PSHE education should cover all of the skills and knowledge young people need to manage their lives, stay safe, make the right decisions, and thrive as individuals and members of modern society.”

To make progress on the issue, we have to look at the four Ps: prevention; protection and support for victims; prosecution of offenders; and how the policies are integrated. I want to raise three key things, the first of which is people continuing to raise awareness. All of us, including hon. and right hon. Members, as well as young people, can raise awareness of the campaign to get rid of domestic abuse. The “This is abuse” campaign has been really effective in raising awareness—if anyone has not seen “This is abuse”, I urge them to have a look at it. It is supported by “Hollyoaks”.

--- Later in debate ---

[Fiona Mactaggart]

The hon. Lady is right to say that we need to educate teachers. I used to be a teacher educator—a teacher trainer—and it is true that we gallop through so much training for teachers so fast that we do not train them in how to teach this. Primary school teachers in particular can feel anxious about teaching it, but in my view it should be mandatory at every level of a child’s education.

Children should have relationships education from the age of five. At five, children will be talking not about sex and sexuality, but about what to do about bullies and about sharing toys. Those are very important lessons about relating to other people that at the moment schools avoid. Not every school does so, but it is not mandated, as part of the national curriculum, that schools have to teach this, and many parents do not have the confidence to teach it. As a result, we leave our children vulnerable because they do not know how to protect themselves. The best form of protection against exploitation is self-protection. The police cannot be there all the time; mum cannot be there all the time. We need to develop young adults who can keep themselves safe and who know how to resist exploitation.

[Seema Malhotra]

My right hon. Friend is making a very important point in a powerful speech. I was struck by a story that I heard recently about the impact of sex and relationships education in school. A young boy went home after some classes and realised that the domestic abuse—the violence—that he was seeing at home was not normal. He then raised a challenge at home, which led to the mum disclosing the abuse. Given the impact that SRE can have, not just in raising awareness but in making a change, does my right hon. Friend agree that it is right that it should be compulsory and that it can be age-appropriate and safe to teach from the age of five?

[Fiona Mactaggart]

My hon. Friend is absolutely right. It is also right to admit that dealing with such things is complicated for teachers. We need to support and educate teachers. I remember reading a story that a pupil of mine had written; it was obvious to me that she had been watching utterly inappropriate movies at home. I thought that they must have strongly informed her writing, because I did not believe that she could have imagined all the things that she had written about. As quite a young teacher, I did not really know how to respond to that situation. Young teachers will encounter that kind of thing, and we need to train them to deal with it.

Education is one of the keys to prevention, but I believe that there is another way of reducing violence against women and girls. Hon. Members probably know that I regard prostitution, as it actually happens, as usually being a form of violence against women and girls, particularly vulnerable women. I believe that the way to prevent that form of violence is to reduce girls’ vulnerability to being seduced into prostitution.

There has been much greater awareness of child sexual exploitation in debate and discourse recently, and that is an important step, but we need to reduce the number of women who are prostituted. As a state, we need to help women leave prostitution, and we need to deal with the demand for prostitutes. In my view, we should follow the Swedish example and criminalise the customers, who have choice, rather than criminalising the women, who have little.

I praise the Government for creating section 76 of the Serious Crime Act 2015, which makes controlling and coercive behaviour an offence. That offence has the capacity to play a role in the prevention of physical violence, because physical violence is often not the first step; it follows on from, and is bound up with, controlling and coercive behaviour. Will the Minister tell the House the exact steps that she will take to ensure that police forces deliver on that? Earlier in the debate, we heard how for decades we have had legislation against cutting girls’ genitals, but there have been no successful prosecutions. I want to make sure that section 76 of the 2015 Act does not follow that trend, and that it is instead used by police services as an effective way of preventing violence against women and girls.

The hon. Member for Brentford and Isleworth (Mary Macleod) referred to the additional £10 million of support for refuges announced in November 2014. I was glad to see that, but I have to say that, too often, services for women, whether it be Rape Crisis helplines or funding for refuges, are sorted out at the last minute with no time for people to apply. The requirements often mean that, as on this occasion, lots of brilliant services cannot get themselves together to access the money, because they get the rules and regulations too late.

We need to make sure that in the provision of such services, as with other things, women are not seen as an afterthought. It must not be a case of a Department—in this case, I believe it was the Department for Communities and Local Government—saying, “Oh, whoops, we have a £10 million underspend here, and we do not know where it came from. Let’s shush the women by giving it to them.” I suspect that that is what happened, although I might be wrong. That happens too often, and we need to make such services absolutely mainstream. If we protect women and girls, we will reduce violent assaults and cut by a third the number of women who are murdered. We must make sure that that is front and centre of everything we do.

The Minister will speak on Tuesday next week in ping-pong on the Modern Slavery Bill. I believe that the Bill gives us an opportunity to help a number of women who have come to Britain as domestic workers and who have been vilely exploited and hurt. I am glad that the Minister has agreed to take a step in the right direction on the Bill, and I hope that she might turn it into a leap and support the Lords amendment. The Bill offers us another opportunity to support a number of people, mostly women, who have been victims of violence and exploitation. I look forward to the Minister’s response on that.

--- Later in debate ---

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to speak in the debate. I congratulate the hon. Member for Brentford and Isleworth (Mary Macleod) on securing the debate and thank my hon. Friend the Member for North Ayrshire and Arran (Katy Clark) and the hon. Member for Mid Derbyshire (Pauline Latham) for their contributions. I want to acknowledge the girls who are shadowing us today. They have given us feedback on the impact that the debate has on them.

Some important points have been raised. The hon. Member for Mid Derbyshire talked about the work that she has done to tackle female genital mutilation. She called for an even stronger prevention strategy, which would include making the encouragement of FGM an offence so that parents know that they will be prosecuted if they put pressure on their daughters to undergo FGM. She raised the huge concern that exists about the poor level of prosecution, and she made the point that cutting is indeed child abuse. I reiterate the point, which she made powerfully, that there is absolutely no cultural excuse for violence against women and girls. We must take a stand against all such violence, whether it be forced marriage, child marriage, FGM or domestic violence. I acknowledge the work done on the matter by Karma Nirvana, Jeena International, the Sharan Project, many FGM campaigners, Women’s Aid, Rape Crisis and others.

My hon. Friend the Member for North Ayrshire and Arran raised concerns about the impact of the Government’s funding cuts on the survival of her local Women’s Aid refuge. Refuges around the country are under threat of closure. That has led Labour to commit to providing a £3 million annual national refuge fund to make sure that that much-needed and life-saving service has the resources that it requires to survive.

The hon. Member for Brentford and Isleworth talked about the horrifying statistics on domestic violence, which has increased in London, and described how things that go on behind closed doors are a matter for all of us. My hon. Friend the Member for Slough (Fiona Mactaggart) spoke powerfully about the fact that we need not only a serious justice response to ensure that many more perpetrators are brought to justice for violence against women and girls, but a stronger and more effective prevention strategy. She also stressed the importance of compulsory sex and relationship education.

As Members of Parliament, I am sure that we have all discussed the problem of violence against women and girls in our communities. As I have travelled around the country on the pink bus, I have held discussions with women about issues that they are extremely concerned about. As you may be aware, Mr Bone, 9.1 million women did not vote in the last general election. We want every single one of them to vote this time.

The issues that many local campaigners, victims and survivors of domestic and sexual violence have raised with me bring home that every community is affected. Whether we are rich or poor, and whatever our social or ethnic background, this issue unites us all, which is why it is so important that we talk about it through international women’s day. The solution to so many of these issues can be found only by working across nations and cultures.

I am proud to have been part of the One Billion Rising event co-ordinated by Lynne Franks over the past few weeks. One in three women across the planet will be raped or beaten in her lifetime, which is a staggering statistic—1 billion women will be affected. The hon. Member for Brentford and Isleworth mentioned the women of the world festival, in which I participated last weekend and which explores these issues. Men are also campaigning through initiatives such as the white ribbon campaign against domestic and sexual violence. It is important that men also play their part.

In the past week we have seen “India’s Daughter,” a powerful documentary that sheds light on the appalling rape, suffering and death of Jyoti Singh. The cultural contexts within which that happened truly need to be addressed. As well as shocking India and the world, the documentary highlights the fundamental truth that violence against women and girls is a global issue. We need to support nations, but we also need to work together in this country.

Yesterday, I attended the Women’s Aid and Girlguiding event in Speaker’s house to launch the girls matter campaign, which calls for young girls’ voices to be heard—we must see her, hear her and believe her. The event also highlighted the staggering statistic that one in three young girls are subject to different forms of sexual harassment, even in school. We must ensure that their voices are heard and that they do not continue to suffer in silence.

We have heard the statistics about domestic violence, which is a national scandal. Millions of men and women are affected each year. In some areas, almost one in five 999 calls are related to domestic violence. One in three 16 to 18-year-old girls have experienced groping or unwanted sexual touching in school. Some 750,000 children a year witness domestic violence. Shocking rape statistics have been made public today through the rape monitoring group. The number of recorded rapes in England and Wales has shot up in the past year. Indeed, since 2010 we have seen a 38% increase, but the number of prosecutions has gone down. There has been a staggering 50% increase in the number of recorded rapes in London in the past five years.

We recognise that there is a huge amount to do, but we are extremely concerned about the collective impact of some of the Government’s funding and policy changes, which have been implemented without evaluating their cumulative impact on women’s safety. One example is the scrapping of the welfare assistance fund, which left local authorities struggling to provide women who have left abusive relationships with basic items to start a new life, including bedding, cooking equipment and school shoes. Also, the lack of expertise in commissioning has sometimes led local authorities to ring-fence refuge beds for local women alone, which has had an enormous impact because women sometimes need to flee to areas away from where they live in order to stay safe. We have heard examples of other commissioning arrangements in which the right questions have not been asked and a quality service has not been provided and has subsequently failed. We also know that 43% of domestic violence survivors do not have the prescribed forms of evidence to access legal aid. We cannot have a situation in which women are not able to get justice because they cannot access the support they need. All regions have lost services supporting children living with domestic abuse, with the biggest losses occurring in the south-west, the south-east and the west midlands.

There is still a long way to go. I will say a few words about where there is good cross-party agreement on what needs to be done but where we need to go much further. The previous Labour Government made significant progress in a number of areas. Convictions for rape increased by 45%, and there was a decline in domestic violence. We introduced specialist domestic violence courts, multi-agency risk assessment conferences and independent domestic violence advocates. Many of those measures, including IDVAs, have been continued by this Government and have made an important difference. We have supported the Government’s work to introduce the new offence of domestic abuse. I am pleased to hear about the work to ensure that there is sufficient guidance and that training is implemented, so that there is understanding and awareness of the new offence of domestic abuse and so that that makes a difference to the lives of families across the UK. We pressed for legal aid for FGM protection orders, and I am pleased that the Government have confirmed that that legal aid will be available for girls at risk, but we have also called for the encouragement of FGM to be an offence. We will certainly be looking at that.

If Labour comes to power, we will put women’s safety much more centre stage. We will appoint a new commissioner to address domestic and sexual violence, and we will integrate the protection of women and girls across Government. There will also be new standards for policing. We will publish domestic abuse and sexual violence league tables for every police force across England and Wales to expose poor performance and poor standards.

We will also make sex and relationship education a compulsory part of school curriculums. In the past week there has been another missed opportunity for the Government to do that. Those issues have been raised by hon. Members on both sides of the House, and the Select Committee on Education has made its recommendation on that subject in the past few weeks with cross-party support. The recommendation is supported by girls and young boys to whom I have spoken in a series of girl safety summits across the country.

We need to ensure an understanding of zero tolerance of violence in relationships. People must understand the difference between an abusive relationship and a normal relationship. They must know what rape is. One girl said to me, “Nobody ever taught us what rape was. I had to go on the internet to find out.” To hear such stories from young girls and boys growing up across Britain is a travesty. We need to take our responsibility much more seriously.

Although we welcome the moves by the Secretary of State for Education, it has taken the Government five years to recognise that sex and relationship education guidance needs to mention the internet. We are concerned by the announcement of what we understand to be non-statutory guidance for schools, which is just not good enough. Despite being urged by the Opposition, by charities, by parents, by young people and by the Education Committee, the Government have not taken this opportunity to make sex and relationship education compulsory in schools.

This has been an important and valuable debate. We face a real challenge, and not just in responding to the rising demand for services and support. I have talked to rape crisis centres, and they are dealing with not only historical but new reports and disclosures of rape and sexual assault. Some of that service needs to last a lifetime, and resources must be made available to do that.

The Government must commit to a long-term strategy for the effective prevention of violence against women and girls in all its forms, and we must play our part on the world stage to ensure that that work happens not only here but across the world. We must ensure that women and girls are safe not just in their own homes but wherever they work and wherever they are in society.

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I congratulate my hon. Friends the Members for Brentford and Isleworth (Mary Macleod) and for Mid Derbyshire (Pauline Latham) and the hon. Member for North Ayrshire and Arran (Katy Clark) on securing this debate, and I thank the Backbench Business Committee for granting it. The Committee showed great foresight in granting a debate on violence against women and girls, an important subject, on today of all days: we have seen so many young women coming to Parliament to see what we do here and to learn about the debates we have on such important issues that rightly concern us all.

There is no doubt that violence against women and girls ruins lives and has a devastating impact on victims and their families. The Government have taken strong measures to tackle all forms of violence and abuse, including domestic violence, sexual violence, forced marriage, female genital mutilation and stalking. Too many women have been subjected to unacceptable violence. We have heard in contributions to this debate some powerful examples of the sort of violence that women endure, both here and overseas. The Government have been unequivocal that such violence must stop, and I am proud of the progress we have made since 2010 to realise our vision of a society where no woman is subjected to violence and abuse.

My hon. Friend the Member for Mid Derbyshire and my right hon. Friend the Member for Basingstoke (Maria Miller) made the point that the issue is wider than raising awareness among women and girls; we need to educate boys and men and ensure that people understand social media. I pay tribute to my right hon. Friend for her tireless work on revenge pornography. That is the sort of work and those are the sorts of measure that will make tangible differences for women and girls here in Britain. She should be incredibly proud of what she has achieved.

We have made significant legislative changes since 2010 and ensured that more forms of violence and abuse are explicitly enshrined in law as criminal offences. The Government understand that domestic violence and abuse are more than just physical. To quote one victim who responded to our consultation last summer,

“my bruises faded, but the psychological scars didn’t”.

Last week, the Serious Crime Act 2015 received Royal Assent, and with it we created a new law that will ensure that manipulative, controlling perpetrators who cause their loved ones to live in fear will face justice for their actions. The new law captures coercive and controlling behaviour in intimate or family relationships and is a significant step forward in improving the protection available for victims of this sinister and pervasive form of abuse. The right hon. Member for Slough (Fiona Mactaggart) asked what approach we would take to ensure that it works on the ground, and in my intervention I specified what action we are taking to make that tangible difference.

Within the same Act, we also introduced a requirement for mandatory reporting of female genital mutilation. I pay tribute to my hon. Friend the Member for Mid Derbyshire, who has done such incredible work on that issue. I will say more later about our work on it but in terms of legislative change, it is another significant step forward. We introduced two new offences of stalking in 2012 to reflect properly the seriousness of that insidious crime, and I am pleased that in 2013-14, more than 700 prosecutions were brought under the new legislation. We criminalised forced marriage last year, and the possession of realistic depictions of rape and revenge pornography both became offences under the Criminal Justice and Courts Act 2015.

Protecting those at risk is fundamental to reducing violence. We rolled out the domestic violence protection order and domestic violence disclosure scheme, or Clare’s law, nationally last year. Those innovative measures are about stopping violence in its tracks, and there is clearly a demand for them; more than 2,500 domestic violence protection orders are now in place across England and Wales.

The orders sanction the perpetrators of violence and lay the culpability exactly where it should be. Victims are able to stay in their own homes, as they should be able to, and the perpetrator is the one who must stay away. More than 1,300 disclosures have already been made under the domestic violence disclosure scheme, which allows people to make an informed decision about their relationships. Women are absolutely entitled to know whether the person whom they have met has a violent history and to get out of the relationship before it is too late.

These crimes are often hidden and under-reported, but positive indications are emerging from data sources. I am particularly encouraged to see that the prevalence of sexual assault against women has fallen to its lowest ever level since the data began to be captured in 2004-05. At the same time, the reporting of sexual offences has increased by 19%, showing that more victims have the confidence to come forward. The Office for National Statistics has said clearly that the increase in reporting is due to more victims coming forward and better recording by the police. We must continue to do everything that we can to ensure that the victims of those terrible crimes have the confidence to come forward and that the criminal justice system does all in its power to support them through the difficult journey to justice.

Criminal justice outcomes for violence against women and girls have improved, with rape referrals from the police to the Crown Prosecution Service increasing after swift Government action to tackle a fall-off in referrals last year. In addition, the Director of Public Prosecutions anticipates that the number of rape cases going to trial this year will be about 30% higher than in 2012-13, meaning that there will be about 550 extra jury trials this year and 650 extra decisions to charge.

My hon. Friend the Member for Brentford and Isleworth made an important point about body-worn cameras. We want them used to ensure that we have appropriate evidence and to make the criminal justice process as painless as possible. For women and girls who have already suffered horrendously at the hands of perpetrators to go through the criminal justice system without the support that we can give them through body-worn cameras is not acceptable.

Prosecutions for domestic abuse have increased. In 2013-14, there were just over 78,000 prosecutions nationally. Current projections estimate that the figure will increase to nearly 90,000 by the end of this financial year—by far the highest number ever—while out-of-court disposals for domestic abuse at the pre-charge stage have reached their lowest levels. “No crime” rates for rape have fallen year on year since 2010. More adult sex offenders are currently in prison—11,119 in 2014, compared with 8,980 in 2010—and the average sentence length has increased from 50 months in 2010 to 60 months in 2013. The number of sexual offenders with multi-agency public protection arrangements charged with a serious further offence has dropped from 162 in 2009-10 to 143. The conviction rate for domestic violence and abuse is also at its highest ever level: almost 75% in 2013-14, up from 72% in 2009-10.

Those figures are encouraging, but as we know, criminal justice and legislation are only one part of the picture when it comes to an effective strategy to tackle violence against women and girls. That is why we have taken a wider-ranging approach in our work—for example, by launching our “Body Confidence” campaign to challenge media representations of women and the highly acclaimed “This Is Abuse” campaign alluded to by my hon. Friend the Member for Brentford and Isleworth, to encourage teenagers to rethink their views of violence, abuse, controlling behaviour and what consent means within their relationships. Since we first launched the campaign in 2010, the website has had more than 2 million unique visitors to the website, and we have spearheaded groundbreaking awareness campaigns within communities affected by forced marriage and female genital mutilation, which, as numerous contributors have said clearly, is child abuse, with no ifs or buts.

[Seema Malhotra]

The Minister is highlighting the effective work of the “This Is Abuse” campaign. Have the Government any plans to rerun the public campaign to raise awareness through marketing?

[Karen Bradley]

There are a number of plans to ensure continuing awareness. I could not tell the hon. Lady definitively about that specific campaign, but may I write to her on the Government’s plans to ensure that we continue to raise awareness? She is right that we need to keep hitting it home. We cannot let up now; we must ensure that we get the message across.

Ending those terrible forms of child abuse within one generation has been an ambitious vision of this Government. Through our work, public and media awareness of those crimes has rocketed. Our work to tackle FGM is an example of how the UK has provided global leadership on issues of violence against women and girls. My hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) made the point that there have been no prosecutions to date for FGM. Legislation was first introduced in 1985, but not even a single referral was made to the CPS until 2010. Raising awareness is key, and we all hope that the measures in the Serious Crime Act 2015 and other legislation will prompt more prosecutions and convictions.

My hon. Friend the Member for Mid Derbyshire mentioned protection orders and their wording. We had lengthy discussions about the wording of the orders, but I assure her that protection orders are meant specifically to protect girls at risk of FGM; there is no doubt or ambiguity about that. The Serious Crime Act 2015 introduces statutory guidance that will make it clear to all front-line professionals what indicators they should look for and how to ensure that we protect girls, including those being taken abroad who are at risk of FGM. We have played a significant role, as have my hon. Friend the Member for Mid Derbyshire and others, in pushing hidden, sensitive and neglected issues into the spotlight—not only FGM, but sexual violence in conflict and the need to address violence against women and girls in humanitarian emergencies.

We have hosted three major international summits on violence against women and girls: the call to action on protecting women and girls in emergencies; the global summit to end sexual violence in conflict; and the Girl summit, on eliminating female genital mutilation and child, early and forced marriage in a generation. By doing so, and by driving forward the agenda for change, we have cemented our standing as a world player in relation to this important issue.

However, if raising awareness leads to increased reporting of these crimes, then we need to ensure that the systems are in place to manage that increase—not only in the criminal justice system, but across the board. Broader recognition of violence as a public health issue, and specific training on domestic and sexual abuse, means that at every point of contact—whether in A and E, or with a midwife, health visitor, teacher or police officer—there is a greater chance that abuse will be spotted and stopped.

Sadly, I myself had to visit A and E last weekend with my little boy, who was not very well. However, I was very impressed by the way that the health care professionals there treated us as a family and asked what I now consider—with the knowledge I have about this issue—to be really appropriate questions, to get to the bottom of whether there was any risk of abuse within the family relationship. I am pleased to say that they did not think that there was any such risk, and clearly there is not. Nevertheless, I was impressed by the way they handled matters, and I pay tribute to the A and E professionals whom I encountered last weekend.

We have invested more than £600,000 since 2010 to provide training programmes for independent domestic violence advisers and independent sexual violence advisers, an FGM e-learning package and stalking training for professionals. We have also supported enhanced training on VAWG for health visitors and general practitioners, with more than 6,500 professionals having been trained in recognising domestic violence and abuse.

Our investment has had an impact. For example, following intervention by a multi-agency risk assessment conference and an IDVA service, up to 60% of domestic abuse victims reported that there had been no further violence against them. For victims who had engaged with an IDVA following the charge of a perpetrator, 72% reported a complete cessation of abuse, compared with 59% of victims when there was no charge following a report to the police.

We have taken steps to ensure that every agency, including the police, responds to VAWG crimes to maximum effect. In 2013, the Home Secretary commissioned Her Majesty’s inspectorate of constabulary to undertake a comprehensive review on how the police deal with domestic violence, because she was concerned that the response was inadequate. HMIC’s report, published in March 2014, exposed significant failings, including a lack of visible police leadership and direction, poor victim care, and deficiencies in the collection of important evidence.

The Government have been determined to ensure that HMIC’s recommendations are implemented across all police forces, with the establishment of a national oversight group chaired by the Home Secretary. Every police force has now published its own action plan, setting out how it will address the findings of HMIC in its own area.

The Government have ring-fenced nearly £40 million of funding up to the end of 2015 to provide stability for specialist local support services, such as IDVAs and ISVAs, and for national helplines. Of course, that money is for England and Wales. The hon. Member for North Ayrshire and Arran talked about the situation in Scotland, where this matter is, of course, a devolved issue. Last week, we confirmed that that funding for England and Wales will continue at the same level into 2015-16 for those services, with an additional £10 million up to March 2016 for the funding for refuges.

My hon. Friend the Member for Brentford and Isleworth talked about the Chiswick refuge. Of course, that was the starting point for the Refuge charity, one of the leading charities in this sector. I was delighted to visit its head office recently and to learn about so much that they are doing to protect victims of sexual and domestic abuse. We have also announced an uplift of £7 million in additional funding to support victims of sexual abuse during the next two years, which will provide a critical bedrock of support to victims.

Of course, we have to get things right locally. We need to support local areas to get their responses to violence and abuse, and their provision of services to victims, right and correct on the ground. We have devolved power, resources and accountability to local areas, which is the right thing to do. Local areas are best placed to make decisions about local need. However, we need to ensure that they deliver those services in a consistent way.

In conclusion, we have made significant progress during the course of this Parliament and we have seen some encouraging outcomes. However, when it comes to violence against women and girls, we can never be complacent. There is always more to do to ensure that no woman ever suffers in silence or lives in fear of violence.

Oral Answers to Questions

Seema Malhotra Excerpts

Monday 9th February 2015 Commons Chamber

[James Brokenshire]

I am grateful to my hon. and learned Friend for highlighting the work of Operation Nexus, which has succeeded in removing 3,000 foreign national criminals by identifying them early in the custody suites and by working alongside our immigration enforcement teams and the police. This approach enables us to deal with any issues at the earliest opportunity and see that these people are removed.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Will the Minister confirm that in the last year of the Labour Government more than 5,500 foreign criminals were deported, but that every year since 2010 the figures have been lower? Why is this?

[James Brokenshire]

I can answer the hon. Lady’s question very directly—because there has been a 28% increase in the number of legal appeals. Despite all the appeals and legal challenges, however, we have removed 22,000 foreign national offenders. We are in no doubt about the Government’s resolve to deal with this issue. We introduced the Immigration Act and are speeding up the process. The Government are taking the right action.

Female Genital Mutilation

Seema Malhotra Excerpts

Thursday 29th January 2015 Westminster Hall

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to speak in the debate and to contribute to the ongoing discussion about how we respond, as a Parliament and as a nation, to female genital mutilation and how we can strengthen the effectiveness of our response.

I thank the Home Affairs Committee for its report. I particularly thank the Committee Chair, my right hon. Friend the Member for Leicester East (Keith Vaz), for his persistence in ensuring that the report was not simply placed on a shelf. The report and the Government response not only resulted in immediate legislative changes —the amendments made to the Serious Crime Bill—but raised awareness of the issue of FGM. They gave campaigners, activists and MPs a great deal of information and evidence, and provided the tools to extend the conversation to our communities.

So many activists, campaigners and charities are involved in tackling FGM. We have already paid tribute to Leyla Hussein, and I would like to mention Nimco Ali and others in Daughters of Eve, the Hawa Trust and Celestine Celeste in the west midlands, which I have worked with. So many across the country have raised the issue of FGM and championed change in their own areas, as well as contributing to the national conversation. It is vital that we work with communities and give them the tools that they need, as well as building a bridge between them and what happens at a legislative level.

Although the Government have responded to some of the recommendations in the Home Affairs Committee report, I believe that, in some areas, the Government have not gone far enough. We need to go even further in our response to FGM when it occurs and in our national prevention strategy. FGM affects thousands of women and girls in this country, and many more are at risk, particularly where mothers have been victims and survivors of FGM. I pay tribute to the hon. Members who have made the vital point that there is no cultural excuse for FGM and that it is not a matter of religion. Indeed, 300 faith leaders signed a declaration last year to the effect that FGM is not part of their religion. This whole debate, led by the Home Affairs Committee’s work, has been important in helping to put that idea to bed and saying that we have a new consensus on taking forward the debate nationally. We are trying to be a leader on the world stage.

My hon. Friend the Member for Bristol East (Kerry McCarthy) raised some vital points that I wholeheartedly support, particularly on the importance of early education in schools. It is staggering that the Conservatives, and the Government as a whole, have voted against measures to make sex and relationship education compulsory in schools. Such education is a vital part of ensuring that teachers understand the issue and that young people have the tools to raise issues if they happen in their own lives and to raise awareness of what may be happening to others around them so that intervention can take place.

Where survivors and victims are identified, whether by safeguarding procedures or through health services, the provision of mental health support services is an issue. I have heard in conversation that those who have been cut have ongoing health conditions that they do not necessarily associate with FGM or with what has happened to them, which stops them getting the health support they need. There is a big message about how we need to join up justice, health and education services with a cross-Government strategy, which remains an important part of how we continue to move forward.

It is a scandal that we have not seen a successful prosecution since we passed the law making FGM illegal. A case is going through the courts, and there are ongoing discussions about that case, but the encouragement of FGM is an issue that I will go on to address. Some of the report’s recommendations have been included in the Serious Crime Bill and deserve a mention. I thank those Members of the other place who were important in strengthening the Bill there. Among those measures, lifetime anonymity for survivors is important because although many of those who have been cut feel a sense of shame and do not want their community to know, they want justice.

FGM protection orders, which we debated in Committee, are set to play an important part, and I am pleased that, in Committee, the Government committed to our call for legal aid for those protection orders. We cannot have measures in law that people do not have the means to access, particularly when an application for an FGM protection order might come from a girl herself. If the girl, her family, her colleagues or her school cannot help her to secure the necessary resources, that will be a measure in theory and not in practice. It is important, as the Government have recently committed to, that legal aid is made available to provide legal services not just for supporting paperwork, but for advocacy. It is important that the Government adhere to that commitment.

There has been an important move to broaden the scope of the Female Genital Mutilation Act 2003 to cover girls who are habitually resident in the UK, which was a vital gap, because people have different immigration status. We need to ensure that all girls in the UK are protected. In Committee, we debated how that will be taken forward, which is important. The Bill is still passing through the House, and we need to know how we will be working with agencies abroad and how the Home Office will be working with the Foreign and Commonwealth Office to ensure that, if any girl who is habitually resident in this country is at risk either abroad or here, moves can be made to ensure that, as with those at risk from forced marriage, agencies abroad are trained and able to work together to ensure that there is protection for girls who are at risk.

The Bill introduces the new offence of failure to protect a girl at risk from FGM, which is an important measure that sends the right message that parents or guardians who do not safeguard their child will be held to account. It would be helpful to know what further dialogue the Minister has had on how that could be effectively implemented so that parents who have not taken care to safeguard their children may be successfully prosecuted in this country, as has happened abroad.

In Committee, we called for more action to address encouragement of FGM, which is a vital part of ensuring that we address some of the cultural issues in relation to FGM. I pay tribute to Dexter Dias QC, the people he has worked with and the many who have contributed to his research on why the current measures do not go far enough to intervene early to help to prevent FGM occurring in the first place.

There is huge pressure on parents from within affected communities, and campaigners feel the same pressure. We heard about the harrowing experience of campaigners such as Leyla Hussein, particularly when they stand up to the forces of tradition within their own communities. It is important to pay tribute to what those campaigners do, because it is not easy for them to stand up within their own community on issues that affect them, their friends and their family, as opposed to an issue of concern that does not have a direct effect on their own community.

Some important messages came out of the work done by Dexter Dias QC and others on the encouragement of FGM and the need to consider a distinct offence making such encouragement unlawful. That is an important part of strengthening not only our response and legislation in the UK, but our obligations under international law to combat FGM effectively, rather than merely reacting to ongoing practice, vital though that is.

The UK’s international law obligations are clear in their requirement that we take active steps to end the practice of FGM. We have been calling for the encouragement of FGM to be made illegal in this country because such a move is necessary for stopping FGM at its root. We propose a strengthened measure that builds on the amendment made by Baroness Meacher in the Lords in July 2014. We propose a tighter offence that, for the first time, would give parents who do not want to participate in this tradition, but who need the strength to challenge what they are being asked to do, the tools in law to challenge the public encouragement of FGM. Preventing encouragement in its strongest sense has been welcomed by survivors. Such a measure would, in our opinion, help to effect an important culture change within FGM-practising communities.

Effective communities often retain a strong hierarchical structure, in which encouragement or admonishment from elders can carry enormous weight. Not only are parents told that their daughter may never get married, but whole families can be ostracised and isolated as unclean. It is incredibly important to have a way to strengthen what families can do within their communities. The Hawa Trust, an organisation that works with local communities in Hackney, told the Select Committee on Home Affairs last year:

“The young uncircumcised girl is still considered today as a second-class citizen, impure… Such a young girl can neither marry nor even be allowed to prepare the family meal until she agrees to be circumcised.”

Sara, a teenager from a community practising FGM, told researchers working with Dexter Dias QC and others what makes parents do it:

“People. People telling them to. You call it encouragement, I call it people telling them you must follow our tradition, or else.”

If we are to end FGM we need a much stronger prevention strategy. What we propose goes further than what is on the statute book. This is not a free-speech issue about a matter of opinion; this is about challenging active encouragement to offend. We have said that a statement would need to be published with the intent to encourage members of the public directly or indirectly to mutilate the genitalia of a girl, or be reckless as to whether members of the public would be directly or indirectly encouraged.

Particularly if that could be followed by the police issuing encouragement warning notices and, where those were breached, applying for an encouragement warning order, followed by a criminal offence, we believe that it would be a proportionate response that strengthened the conversation we are having and sent a message of zero tolerance of such violence against girls. It would send out the message that FGM is child abuse and must be considered as such. Just as we would not tolerate anyone in our communities advocating child abuse, we should not tolerate anyone in our communities across the country advocating FGM or pressuring parents to cut their daughters.

Through the availability of such tools, the police and local services will be able to respond far more effectively and support campaigners for change who need help to intervene in their own communities in the interests of the majority who want change to happen.

To close on some other issues raised in the Government’s response, although the Home Affairs Committee rightly discussed the definition of reinfibulation, we also discussed that when considering the Serious Crime Bill. Again, the Government were reluctant at that stage to change the definition to make it explicit that reinfibulation was FGM and intended to be covered by the legislation. We have continued to hear concerns from royal colleges and others that it has not been clear to everybody in the health and justice sectors whether the original Act was intended to cover reinfibulation. It is important that the Government continue to consider whether to introduce a simple amendment, such as we proposed, to make it clear in the Serious Crime Bill that reinfibulation is part of the original definition of FGM.

Once again, I thank the Home Affairs Committee, particularly my right hon. Friend the Member for Leicester East, for one of the most powerful interventions in my area of preventing violence against women and girls. It has engaged external communities, as well as Members of Parliament, with the issue, galvanised change and challenged Government and Opposition on this vital issue, on which we should continue to take a lead in ending FGM in our country and around the world.

--- Later in debate ---

[Lynne Featherstone]

I thank the right hon. Gentleman for that intervention, but we are already funding community organisations. Of course, anyone who does not get funding always says, “I haven’t got funding.” We are trying to underpin a number of organisations, including with funding. There is a £270,000 European fund and a £100,000 Home Office fund, and they are both funding community organisations. I went to visit one in Battersea, in fact. I am sure that the public health Minister, my hon. Friend the Member for Battersea, will want to talk about that if she intervenes on me.

Furthermore, community champions are being created—10 feisty females who are taking this message right into the communities. It is not only the Somali community that is affected; so often that community is put forward, and of course it has an extremely high prevalence of FGM. However, a whole range of communities are affected. There are champions from all of them who can take the message right into the heart of their communities, where they are accepted in a way that middle-aged politicians would not be. That is not ageist; it is just—

[Seema Malhotra]

Will the Minister give way?

[Lynne Featherstone]

Would the hon. Lady mind if I simply finished? If there are points she wants to raise as I get towards the end of my speech, I will give way then. There are so many issues to get through.

The Committee has rightly focused on the low number of prosecutions for FGM. We all agree that prosecutions are not the sole answer and that the well-being of victims is paramount. However, it is equally important that the people who perpetrate this type of child abuse should have to feel the full force of the law, and I am pleased to say that the first people to be prosecuted for FGM in this country are currently before the courts.

There has been a continual cry that over all these years there has not been a prosecution, but I have to point out that under the coalition Government work has been done and we have created pressure. Indeed, the Director of Public Prosecutions who preceded the current DPP, who is Alison Saunders, chaired the action plan group and had his own action plan. When she came into post, Alison Saunders was enthused and advised to go forward on this issue. Nevertheless, there were no prosecutions prior to this time because there had been no referrals to the police. There is clearly much more to do in this respect, but we must recognise that progress has been made.

Prior to 2010, the Crown Prosecution Service was unaware of any cases being referred by the police for a decision to charge. Obviously, that brings me on to mandatory reporting, which I will discuss in a minute; that will be constructive in upping the rate of referral.

Since 2010, 14 cases have been referred. These referrals resulted in the case currently being heard at Southwark Crown court, and a number of other live cases. Importantly, a review of those cases by the CPS has led to some of the changes to the law before Parliament now, in the Serious Crime Bill. They will help ensure that law enforcement and the courts have the powers to bring the perpetrators of FGM to justice.

There has also been an increase in the number of police investigations into FGM; the figure varies from force to force, obviously, according to the prevalence and experience of FGM, although they are not entirely co-related. For example, between January and November 2014, West Midlands police received 118 reports of suspected FGM—a significant increase from the 25 reports they received in 2013. The Metropolitan police have seen a similar increase and have conducted joint operations at the border with the Border Force. It is important to reflect that while those investigations may not have resulted in prosecutions, the police have stressed that they have contributed to a robust safeguarding response that has helped to protect those at risk; prevention is much better than having to prosecute after the event.

Clearly, not all forces are as advanced in their approach to tackling FGM as the West Midlands police and the Metropolitan police, but the law enforcement response is being improved more broadly in a number of ways. The CPS has appointed a lead FGM prosecutor for each CPS area in England and Wales, and joint police-CPS investigation protocols for FGM have now been agreed with the 42 police force areas. In addition, 390 police and prosecutors have benefited from training on FGM, and the College of Policing is introducing a new authorised professional practice on FGM to raise awareness among investigators and to better equip them to tackle the practice.

Furthermore, in the past year the Home Secretary has commissioned Her Majesty’s inspectorate of constabulary to conduct a review into how police forces tackle honour-based violence, including FGM. It is planned for later this year and we will use the findings to strengthen further our approach to FGM.

Several hon. Members asked about the law. As I have already mentioned, we are strengthening the legal framework. A number of legislative changes concerning FGM are being taken forward in the Serious Crime Bill. First, we are extending the reach of the extraterritorial offences in the Female Genital Mutilation Act 2003 to habitual residents of the UK, as well as to permanent UK residents.

Secondly, we are making changes to grant lifelong anonymity to victims of FGM, to help encourage victims to come forward. The hon. Member for Feltham and Heston (Seema Malhotra) raised the issue of anonymity and it is very important. Although we no longer have any truck with cultural eggshells, FGM is obviously still a very sensitive and personal issue; how one might be reviewed and regarded in one’s community is a big thing for those survivors who want to come forward to speak out. Granting them anonymity will be a protection for them.

Thirdly, the Serious Crime Bill creates a new offence of failing to protect a girl from the risk of FGM. That would make potentially liable someone who had parental responsibility, or who had assumed parental responsibility, for a girl under 16 who had been mutilated, if that responsible person knew or ought to have known that there was a significant risk of FGM being carried out but did not take reasonable steps to prevent it. I would assume that if a parent has suffered FGM, there is a high likelihood of a risk to their child.

We believe that these new measures will improve our ability to prosecute this appalling crime. Although we are keen to see the criminal law being used, ideally we want to prevent FGM from happening in the first place. Following a consultation launched at the Girl summit, the Serious Crime Bill also introduces a civil order to protect those at risk from FGM and those who are already victims of FGM.

The FGM protection order will operate in a very similar way to the existing forced marriage protection order. It will enable the courts to make an order that could include, for example, a requirement for a passport to be surrendered, to prevent a girl from being taken abroad for FGM. Although we know that FGM is being carried out here—I come from Haringey: it is happening there and in other areas—we also know that many girls are taken back to their mother countries to be cut, particularly in the cutting season, which is in the spring to early summer.

As the Home Affairs Committee report highlighted, those in safeguarding professions are absolutely key to reporting FGM. The Government have now consulted on how best to introduce a new mandatory reporting duty, to ensure that professionals report cases of FGM to the police. As the right hon. Member for Leicester East said, there is some nervousness in some quarters about mandatory reporting, but we also disagree with that. Some professionals have historically had concerns that confronting harmful cultural practices would result in their being labelled as politically insensitive, lead to issues of confidentiality or somehow drive the practice underground. We have to deal with that as we go. FGM is against the law—it is child abuse, and we must move this issue forward. There can be no equivocation about that.

At this point, I pay tribute to Efua Dorkenoo, who is the mother of tackling FGM and who tragically died very recently; we are absolutely bereft without her. She was absolutely clear about FGM. She knew the communities affected by it and she knew every difficulty that there is to know. She was unequivocal about the need for mandatory reporting and for cases to come to prosecution. I say, “Hear, hear, Efua!”

In addition, we want to see an increase in the number of cases being referred to the police. Having mandatory reporting will bring clarity for front-line professionals. At the moment, the situation is very difficult because there are always two halves to a professional. One of those is to protect, to care and to worry about things; that may lead to a fear that if a report leads to police action or a police referral, that will dent, or make more difficult, the caring side of their profession. Having a mandatory duty to report should clarify that position and take that onus and burden away from them.

Alerting the police to actual cases of FGM will allow professionals to investigate the facts of each case and increase the number of perpetrators apprehended and prosecuted. The consultation has finished, and we are considering all 150 responses and some of the issues around the sanctions. The mandatory reporting duty will help make the changes happen. We will set out our response to the consultation shortly with a view to legislating in this Session.

Legislation alone, however, cannot end FGM. Prosecutions would send out a strong message on the rule of law, but are unlikely to end the terrible crime. Prevention and protection are also of critical importance, and part of that work is continuing to ensure that those communities in the UK practising FGM are aware that it is considered to be child abuse here. There is a great lack of knowledge and penetration into some of those communities, although that is beginning to happen.

I recently went to Mogadishu, Somalia—previously, one could barely raise the issue or even say the words “female genital mutilation”, particularly in Sierra Leone and Somalia—and I talked with Prime Ministers, Presidents, women’s groups and a whole range of people. I spoke with activist girls in Somaliland. There has been an amazing step change from two years ago, which gives one real hope that this is a movement for change. It is not just happening in one country. The African Union has sent a resolution to the United Nations. The UN banned the practice worldwide in December 2012. Some 25 countries in Africa have banned FGM. Our diasporas and their mother countries are connected. We will not end FGM unless we support Africa, the middle east and other places where it is practised to end it.

Through education and protection measures, we will prevent more girls and young women from having this so-called procedure. I agree about the work in the communities, which is incredibly strong.

[Seema Malhotra]

rose—

[Lynne Featherstone]

I will give way, but first let me get through some more of my speech. There will be a few minutes at the end.

The Government have published and updated the multi-agency practice guidelines on FGM. The guidelines highlight the risk factors that teachers, nurses, GPs, police officers and social workers should be looking out for during their work and set out what action they should take. To ensure better compliance with the guidelines, we have consulted on our commitment to making them statutory, as recommended by the Home Affairs Committee.

We are also supporting and funding community engagement work to raise awareness, which I covered earlier. We are ensuring that NHS acute hospitals are routinely recording information on FGM and using that to support social services and the police, as well as sharing it to provide appropriate health care for girls and women. The work that my hon. Friend the Member for Battersea has done in the Department of Health has motored the step change, because previously FGM was not even recorded. In that respect, it did not exist in the health professions.

The first statistics were published on 16 October and showed that for September, 125 of the 160 eligible acute trusts in England—that is 78%—submitted signed-off data. There were 1,279 active cases, and 467 newly identified cases of FGM were reported nationally. The statistics continue month by month, but I will not read all the months out. Those statistics represent a massive step change, because, as we all know, in politics if it cannot be counted, resources cannot be obtained, the problem does not exist and it does not get addressed. We now have concrete data, which is a huge step forward. I congratulate my hon. Friend on the work she has done to make that happen.

The Government’s new FGM unit launched on 5 December 2014 and will work with local areas to strengthen their response. The unit will deliver a comprehensive programme of engagement with affected communities and front-line professionals. That includes a series of training workshops to local safeguarding children’s boards in areas with a high prevalence of FGM.

As the right hon. Member for Leicester East and the hon. Member for Bristol East (Kerry McCarthy) said, safeguarding is the name of the game here. Safeguarding boards have been slightly behind the curve in getting to grips with this issue. The local level is the right place to hold the ring—it has the appropriate understanding, confidence and knowledge to address the issue across all the different agencies in any location. The training workshops in high-prevalence areas will work in partnership with the Department of Health on a series of FGM conferences and on bringing together all law enforcement capabilities—the National Crime Agency, Border Force and the police—to co-ordinate action to support prosecutions on FGM.

Ensuring that front-line professionals in high-risk areas have the information and training they need to identify and tackle FGM will also be supported by NHS England’s national FGM prevention programme and statutory guidance on multi-agency working, called “Working Together to Safeguard Children”, as well as statutory guidance on the role of schools, called “Keeping Children Safe in Education”. Better data on FGM will also provide high-prevalence areas with the evidence they require to introduce dedicated FGM training and to commission services to support victims.

Various Members raised the issue of schools and education, and I am already on the record as saying that education on FGM has to be mandatory in schools as part of PSHE. Sex education should be compulsory. We are not at that stage, but I assure Opposition Members that it will be in the Liberal Democrat manifesto, as I am sure it will be in theirs. I hope we can move forward on the issue, because I can think of no better place to start raising awareness. In primary school, that awareness raising can be with the parents. I have met the parents of girls at risk. A primary school in Bristol is the first to have an FGM safeguarding policy. I met the head of that school—I am sure the hon. Member for Bristol East knows her—and she is doing a fantastic job with the parents to say, “This is our law. This is our safeguarding policy in our school.” I think that that is a progressive way forward.

The Home Office has launched an e-learning tool so that all practitioners, whether they are social workers, teachers, health care professionals, Border Force or the police, can undertake an introduction to FGM. Well over 8,000 people have accessed that training. There are reforms to social work, education and practice to protect children from FGM and other forms of abuse. Prevention is at the heart of that work to safeguard and protect all girls and women who may be at risk.

The Government are also, as I am sure all Members know, working to tackle FGM internationally. In March 2013, the Department for International Development announced an ambitious £35 million programme to address FGM in Africa and beyond. The programme aims to see a reduction in FGM by 30% in 10 countries in five years, measured by prevalence among nought to 14-year-olds. It is working towards seeing an end to FGM in one generation. It is vital that money is spent overseas to tackle FGM, to persuade communities here who adhere to the practice to stop. The diasporas are even more closely wedded to identity traditions than the mother countries. When Chinese foot binding ended in China, it continued in California for years afterwards. We are intrinsically linked to the mother countries through the diasporas.

We have made huge progress on FGM. We have raised the profile of the issue and made it clear that FGM is child abuse and violence against women. It is a serious crime and we want to maintain our momentum. Next week, to coincide with the international day of zero tolerance for FGM, we are hosting a European conference to ensure we are learning from other jurisdictions. I am sure that the right hon. Member for Leicester East will be particularly pleased to know that representatives from France will be attending that conference.

On the French issue, I have visited France and spoken to the French Ministers. My understanding of the 40 prosecutions is that most of them originated from the prosecution of one very prolific cutter. We have a different system here. We want prosecutions, but I am not sure that the prevalence of FGM in France has been as brilliantly reduced as we might be led to believe by the conversations that we have.

In a sense, we are motoring now. We have to give what we are putting in place a real chance. We want to see more prosecutions, prevent more FGM from taking place, raise awareness of it in our schools and see all our front-line professionals having that training that will make a huge difference. Mandatory reporting will also make a significant difference. On the day of zero tolerance, we will also hold a cross-Government meeting, which I will host with the public health Minister, my hon. Friend the Member for Battersea. Such events offer an opportunity to take stock of what we have done and to continue the drive to prevent FGM and to protect and support victims.

Before I finish, I pay tribute to Efua, the mother of tackling FGM. I am sure other Members in the room will have been present when campaigners and survivors such as Leyla Hussein, Nimko Ali, Fahma and Alimatu have spoken out so bravely. I am sure Members will have heard their stories and will have sat there in wonder and awe that these women have had the courage to do what they have done.

People often ask me why I took up the mission of tackling FGM. In 2010, the Prime Minister appointed me as the international champion for tackling violence against women and girls across the world. These issues all go back to the lack of equality, women’s position in the world, patriarchal societies and the social norms that keep us in our place.

After I was appointed, I was looking across the piece when two things coincided. Daughters of Eve came to see me, took me by the collar and threatened me, saying, “You do not understand.” Before, we had all been using the phrase “female genital mutilation”, but we needed to cut through the issues—that was a terrible use of words. Daughters of Eve said to me, “This is child abuse. You are a Minister. You have to do something,” at which point I got reshuffled. However, what they said worked, and I did do something. When I went to DFID, I said, “We are going to tackle this. We are going to tackle it in Africa. If we do it there, we will have to do it here as well.” The timing meant that the passion Daughters of Eve had for what they were doing in Bristol and other places was combined with what was happening in Africa.

Terrible violence is done to women right across the world, including in the UK. That violence takes all forms—domestic violence at one end and rape as a weapon of war at the other. However, it seemed to me, as the ministerial champion for tackling violence against women and girls overseas, that FGM was totemic, in that it encapsulated the whole agenda. Who could be more powerless than a three-year-old girl who has absolutely no choice, no control and no voice in what is happening to her? What issue could be more meaningful? The idea that someone can come and damage the rest of her life—physically, psychologically, healthwise and in terms of power and control—is why I took up this issue. If anyone ever wonders why, that is why.

This has been a passionate and informed debate. In closing, let me make it clear that we can and must eradicate this terrible practice. I assure hon. Members that the Government fully understand that. Although we are not doing everything the Home Affairs Committee advised us to, we are resolutely committed to fighting FGM.

Specialist Printing Equipment and Materials (Offences) Bill

Seema Malhotra Excerpts

Friday 5th December 2014 Commons Chamber

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I congratulate the hon. Member for Southend West (Mr Amess) on getting the Bill to this stage and on garnering support from Members on both sides of the House. I welcome the draft Specialist Printing Equipment and Materials (Offences) Bill. It is indeed a step towards cutting off the supply of machinery and equipment to those who intend to commit serious crimes such as identity theft and document forgery, including of passports, driving licences and credit cards.

To stop those who knowingly supply specialist equipment to criminals who undertake this activity is also to send a strong message of deterrence before these crimes are committed. Identity fraud ruins lives and it can take victims months or even years to undo the damage that perpetrators cause. The damage—financial, professional and personal—can be enormous, and any steps we can take to prevent this will be welcome.

We know how false documents are used by criminals across a spectrum of offences. Giving the police powers to stop this activity can have a real impact on the wider fight against other crimes, too. We also know that the police have identified this gap in enforcement. The police find it difficult to prosecute those who knowingly supply this equipment to criminals because of the absence of a targeted offence. By creating a specific criminal offence of knowingly supplying specialist printing equipment to criminals, the Bill will help the police to end this practice. This Bill is to be welcomed and there is widespread support across the House for it. I wish the hon. Gentleman the best of luck with this Bill.

Oral Answers to Questions

Seema Malhotra Excerpts

Monday 17th November 2014 Commons Chamber

[James Brokenshire]

I can certainly underline the steps that we are taking to speed up the process. Moving offenders straight from prison to deportation is saving the taxpayer £27.5 million, and Operation Nexus ensures that police officers work alongside immigration enforcement officers to ensure that the information needed to aid deportation later in the process is provided. We are taking an end-to-end approach.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

Recently, the Australian Government decided to deport an individual following serious concerns about the impact of his views on the safety of women. To prevent us from having to deport individuals as the Australians did, and given that his seminars promote choking and sexual assaults in order to seduce women, will the Home Secretary consider using her powers to exclude Julien Blanc from the UK if, like me, she assesses that his presence is not conducive to the public good?

[James Brokenshire]

The Government firmly underline their commitment to promoting the role of women within government, business and the whole country, and they condemn any action that might stand against that. The hon. Lady has alluded to a case highlighted in the press. I cannot comment on the specifics of that particular case, but I can assure her about the steps this Government are taking, and about the record of this Home Secretary in excluding more people on grounds of unacceptable behaviour than any of her predecessors.

Domestic Violence

Seema Malhotra Excerpts

Wednesday 29th October 2014 Westminster Hall

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I extend my congratulations to the hon. Member for Upper Bann (David Simpson) on securing the debate. He powerfully set the scene in relation to domestic abuse and domestic violence, recognising the work of Women’s Aid, the wider issues of domestic and sexual abuse, controlling behaviour and the impact on children. He also raised the question of how domestic violence cuts across class, ethnicity and background, and the fact that it is an issue for all of us. He showed how important it is to recognise the impact of domestic abuse and violence on people’s life chances, education and so on.

It is clear that domestic and sexual violence is little short of a national scandal and we need to do much more. Statistics have been shared in the debate, and however we look at things, the scale of reported incidents is staggering. Women reported more than 12 million incidents of domestic abuse last year. At least 750,000 children a year in the UK witness violence in their home, and two women a week are killed by their partner, or an ex. In some areas almost one in five 999 calls is about domestic violence. We also know that one in three 16 to 18-year-old girls has experienced groping or otherwise unwanted sexual touching at school and elsewhere. There are wider issues as well, if we treat violence against women and girls as the broader theme: thousands of girls are at risk of female genital mutilation and others disappear to become victims of forced marriage or honour violence—and it has been more comfortable for us to turn a blind eye to those issues.

I was proud to be at the launch of Plan International’s campaign to face up to violence against girls, and the launch of the END FGM campaign at the south bank just a few weeks ago. I pay tribute to the work done by many campaigners to raise our awareness of these issues which take the lives and health of millions of women and girls around the world, and to enable them to tackle them in their own families and communities. Domestic violence is a huge drain on the economy, as well as a blight on society. Domestic abuse alone costs the UK almost £16 billion a year.

The hon. Member for North Swindon (Justin Tomlinson) talked about the importance of women’s refuges, and about under-reporting and funding issues. My hon. Friend the Member for Inverclyde (Mr McKenzie) described domestic abuse as a silent shame and spoke eloquently about those who suffer in silence, and about the need for support that victims can rely on. He also talked about our reluctance to get involved in what we see as something that happens behind closed doors, and about the idea that it is not for society to question what happens in the family sphere. We have come a long way from the time when rape in marriage was legal, but we have much further to go. The hon. Member for Strangford (Jim Shannon) spoke about strategies that are in play in Northern Ireland. Hon. Members are united in arguing that we need to do far more to prevent domestic abuse and domestic violence. My hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) talked about prevention, protection and provision—the core strands of the strategy that we need.

I have had some discussions since I took on my new role as the shadow Minister for preventing violence against women and girls, and I have heard of shocking experiences, but I want to speak about those things in the context of three important areas. The first is prevention, and stepping up the challenge. The history of the issue includes reforms made under the Labour Government, such as specialist domestic violence courts, multi-agency risk assessment conferences and independent domestic violence advisors. That work has continued under the present Government. If we consider things collectively, we see that we have not managed to stem the tide of the prevalence of domestic abuse and violence. The second area I want to mention is support services—something frequently raised by hon. Members in the debate. Those who are victims of domestic violence, men or women, should be able to have confidence that services are available for them, and that they will get such services without delay.

The third area is improved access to justice, which has also been raised today, in terms of the performance of police, and by the HMIC in its report earlier this year. Hon. Members who have talked to women in refuges will know the struggle that they have to be heard in the court system and the lack of speed with which our court systems work to tackle some issues of domestic violence and issues between couples—I am referring to both the civil and criminal courts.

Let me start with prevention. I want to talk a little bit about sex and relationship education, which has been raised. Let us consider the challenges that young people face today and what they experience: they are under a lot of pressure to conform, whether that is through accessing pornography online, or through gang culture in some areas and in our schools. Having compulsory sex and relationship education is important, and it is not just about theory. Talking to those who have been delivering courses in schools, I have heard about how young people have developed the confidence to start talking about what is happening to them at school and, sometimes, at home. It is not just about theory, but about giving young people the resilience to stand up and be able to voice what is going on in their lives, and to be able to make very positive choices for the future. It is also very important in interrupting behaviours that may be learned at home if young people are experiencing domestic violence themselves, and watching it happening between their parents. It is also true to say that 88% of parents want sex and relationship education to be compulsory to tackle the dangers of pornography.

Labour has called for SRE in all state-funded schools from key stage 1, because there are aspects of age-appropriate sex and relationship education that are important for every age. Many young children at school today are not part of a huge family. Many are single children or have siblings who are younger, and they are learning how to share and about relationships for the first time. Having a way in which children learn about the values of respect, with others their own age, is incredibly important. A mum called me about an experience that her six-year old daughter had in her school: she was effectively assaulted by young boys her age. The school did not take it seriously. The trauma that the girl went through could be regarded as parallel to that experienced by someone of 16 or 26. In the end, she left school, and her mum is campaigning for change.

On support services, I pay tribute to the work of Women’s Aid, the End Violence Against Women Coalition, Rape Crisis and others. They do incredible work, not only in delivering services but in raising the profile of issues at a national level, and in making sure that we are getting the message of prevention and support out there.

We have talked today about the importance of funding. Labour and the shadow Home Secretary have committed to a new £3 million annual fund for refuges supporting victims of domestic violence. As we have said, we want to see the continuation of a national network of refuges. A 31% cut in funding for refuges and specialist advice is undermining action against domestic violence. In some areas, there is absolutely no specialist refuge. Refuges have also been disproportionately affected by cuts to local government, and according to Women’s Aid, eight refuges are under imminent threat of closure and are currently running on reserves.

Labour’s commitment is fully funded, through a small percentage of savings from abolishing the expensive police and crime commissioner elections. We are also calling for new FGM protection orders to stop children suspected of being at risk of FGM being taken abroad. On that, there is some commonality but also some differences between us and the Government, and we are looking at other measures that we will be able to bring in from the women’s safety commission, led by Vera Baird, QC, and Diana Holland. We hope to be launching those next month.

Before closing, I want to say a few words about improved access to justice. We need to ensure that there is a joined-up justice system that works fast, gets it right and is cost-effective and easy to access. We believe that we need a new commissioner for domestic and sexual violence who sits at the heart of Government to ensure that victims’ voices are heard, that there is a way they are heard fast, and that there is a fast response to the challenges that are being raised. I am working closely on that with Keir Starmer, the former Director of Public Prosecutions, because we need to see a new agency—a new body—that can sit alongside the Victims’ Commissioner and the Children’s Commissioner to say we need to join this up, but we need some challenge to the centre in order to make sure that victims’ voices and victims’ challenges come through to the system as a whole.

We also need new national standards for policing to drive up performance across the board. We have all heard harrowing stories of victims who do not feel that they have been believed. I met a woman at a refuge who told me that the policeman who attended when she was a victim of serious violence at the hands of her partner thought that she was drunk when, in fact, she was concussed, having been hit around the head by her partner. Police training needs to be updated and refreshed. We need to make sure that there are minimum standards so that victims will be believed; so that we know such incidents will be dealt with within an allotted time; so that evidence will be collected and the follow-up will be done; and so that the Crown Prosecution Service’s advice will be sought early to build a case. Those are all vital to maintaining public confidence in policing.

I close by saying that this has been an incredibly important debate. We know that we are a long way from the end of this, and that we need to bring in measures, as Labour hopes to do in its first Queen’s Speech, in a Bill addressing violence against women and girls. The fact that we have come together in this debate this afternoon and that this debate has also been led by men is an incredibly important step that we are taking, collectively as the British Parliament, to say that we want to make sure that there is zero tolerance of violence in relationships, that that message goes early to schools and our young people, and that we address these matters with the utmost seriousness in every way that we can, from every part of Government.

--- Later in debate ---

[Norman Baker]

Some of the £40 million—not a great proportion, it has to be said—goes towards helping organisations that are there directly to provide an outlet for men who wish to report such matters. We think that the number of men who were victims of domestic abuse was 721,000, and of that number, 517,000 experienced partner abuse. That may be same-sex partner abuse or by women on men. Nevertheless, it is also a very high figure, and the hon. Gentleman is right to draw attention to it, although it would be wrong of me not to point out that the majority of domestic abuse is by men on women.

I was about to mention two powerful initiatives that we have been rolling out across England and Wales to support victims. The domestic violence disclosure scheme is a system whereby anyone can seek disclosure of a partner’s violent past. Those with the legal right to know are provided with information that could well save lives, empowering them to make an informed choice about their future. As the Minister for Crime Prevention, I say that if we can prevent crime in the first place, that is the best outcome.

Domestic violence protection orders offer respite to victims in the immediate aftermath of domestic abuse. They have the power to ban a perpetrator from the home and from having contact with the victim for up to 28 days. That offers both the victim and the perpetrator the chance to reflect on the incident. In the case of the victim, it provides an opportunity to determine the best course of action to end the cycle of abuse. In my view, it is a welcome change that it may be the perpetrator who is required to leave the house, rather than the victim leaving, as has all too often been the case in the past. Together, the two initiatives significantly improve the reality for victims of these appalling crimes.

[Seema Malhotra]

Will the Minister give his assessment of the take-up so far of domestic violence protection orders?

[Norman Baker]

The early indications are encouraging. The orders are certainly working, but as the hon. Lady will appreciate, we have rolled them out just recently so we do not have the full-year figures yet. Of course, we will, as a matter of course, publish those figures as and when they are available, but the early indications, as I said, are positive.

Also important is the Government’s decision in April 2011 to place domestic homicide reviews on a statutory footing. Now, every local report on a domestic homicide is reviewed and quality-assured by a panel of independent and Home Office experts. Each review results in a tailored action plan that must be delivered by the area in question to ensure that we learn from those individual tragedies. The Home Office has published a document collating the national lessons learned from those reviews and making recommendations to local areas to drive improvements in practice.

Of course, we have more to do. I think that the hon. Member for Strangford (Jim Shannon) said that every 30 seconds a victim of domestic abuse summons up the courage to call the police. That is a huge percentage of the number of calls that the police receive. When a victim reaches out for help, it is vital that the police are equipped to respond effectively and to end a cycle of abuse that in many cases will have been going on for years. Sometimes a person will have been subjected to abuse 50, 60 or 70 times before they make that call to the police. It is also vital that victims have confidence that the criminal justice system will prosecute the perpetrators of these appalling crimes and will work for the victims.

Following a dip in referrals from the police to the Crown Prosecution Service, I am encouraged to see that the volumes of referrals, prosecutions and successful convictions are rising. For example, the volume of referrals to the CPS rose to 103,569 in 2013-14. That represents a rise of 17.5% from the previous year and the highest level ever. It compares with 91,184 referrals in 2009-10. Following action that we have taken with the Attorney-General, the number of defendants being charged has risen from about 60,000 to almost 73,000 in the last year. That represents a 21% increase and, again, the highest level ever achieved. It is subsequently translating into a rise in conviction rates, from 72% of those facing a charge in 2009-10 to 74.6% in 2012-13. However, I am the first to say that, despite the encouraging rise in referrals and prosecutions, we need to do more to ensure that front-line agencies treat domestic abuse as the serious crime that it is.

Hon. Members will be aware that HMIC published its report in March this year on the police response to domestic abuse across all 43 forces in England and Wales. That report made for depressing reading. It showed that a combination of poor leadership, bad culture and basic policing skills being lacking was failing victims. For example, on leadership, the report found that many chief constables and their top teams still focused more on volume and acquisitive crime reduction than on domestic abuse. Leadership on domestic abuse was not present, translating into poor management and supervision in the police to reinforce the right behaviours, attitudes and actions of officers.

On culture, HMIC identified that there were many examples of officers who work tirelessly to keep victims safe and sometimes with little support from their wider force, but there were also officers who showed a poor attitude towards victims and failed to treat them with the empathy they deserve. Victims reported feeling judged and not taken seriously.

On core policing skills, basic evidence collection that could help to support a prosecution to bring a perpetrator to justice simply was not happening. When HMIC reviewed 615 actual bodily harm cases connected with domestic abuse, photographs of injuries were taken in only half the cases and, in 30% of cases, officers’ statements lacked important details about the crime scene or the victim.

The failings I have described meant that, crucially, the priority that police and crime commissioners give domestic abuse in their crime plans, which is quite general, I am happy to say, was not translating into operational reality. That is completely unacceptable. People in desperate circumstances should know that they can rely on the police to respond quickly, effectively and professionally. Chief constables must take urgent action to make significant changes to front-line policing so that victims are protected and perpetrators brought to justice.

To ensure that real change happens, the Home Secretary and I sit on a new national oversight group that she has established and that meets quarterly to drive through the recommendations in HMIC’s report. I am pleased to inform hon. Members that we will shortly publish our first progress report, a copy of which will be placed in the Library of the House.

All police forces in England and Wales have now submitted action plans to HMIC to address the report’s findings. HMIC will quality-assure those plans over the next two months with voluntary sector partners, and will report its findings at the next national oversight group meeting in December. I expect police and crime commissioners and the College Of Policing to use the plans, plus the outcomes arising from the national oversight group, to support their forces and hold them to account.

Some forces have already taken action to address the issues that HMIC has highlighted. Merseyside police identified a problem with the initial evidence collected by officers in domestic abuse cases and trained 1,500 front-line officers to improve their investigation skills. Following a re-inspection, Gloucestershire police have been deemed by HMIC to be much improved. We are seeing good progress, and it shows that the police can respond in a positive and effective way.

I am clear that the work that the police are undertaking to improve their response must be supported by the Government and the wider response of the criminal justice system. Last month, the Secretary of State for Justice announced a victims package, which launched a new package of reforms including the establishment of a new victims information service and strengthening the protection for vulnerable victims by improving the court experience. We are also piloting pre-trial cross-examination in three Crown courts, and the Director of Public Prosecutions is updating guidance for prosecutors to complement that work.

The Government will ensure that front-line criminal justice agencies have the tools they need to tackle domestic abuse effectively. Hon. Members will be aware that the Home Office has recently concluded a consultation on whether the law on domestic abuse needs to be strengthened, a point that many hon. Members have made this afternoon. There is widespread understanding that domestic abuse is not simply about physical violence, and the expanded definition that we introduced last year makes it clear that domestic abuse extends to coercive and controlling behaviour. We want to ensure that the legal framework is unambiguous in recognising and prosecuting domestic abuse in all its forms. We received more than 750 responses to our consultation, which we are currently analysing, and we will publish our response shortly.

Let me pick up some of the points that hon. Members have raised. I am grateful to the hon. Member for Upper Bann for referring to the White Ribbon pledge. I can inform him that I have signed it, because it was initiated by my local authority, which has a good record on the matter. I encourage other hon. Members to do likewise.

The hon. Gentleman was right to refer to the effect of domestic violence on children. That is a serious issue, and he is quite right that the effects can remain with children throughout their lives. Although I cannot provide a statistical analysis, I have a suspicion that those who witness or are subject to domestic violence at an early age may be more vulnerable to sexual violence later in life than those who do not. Witnessing violence in the home at an early age cannot be good for children.

Several hon. Members spoke about refuges. I have made it plain that local authorities that provide money for refuges should not see cutting refuges as an easy saving. I appreciate that local authorities are under considerable financial strain, but they should not be cutting services for vulnerable people. I understand that the case has been made for looking afresh at national funding for refuges, and I have met Women’s Aid and other groups to discuss the matter. We are currently considering where we go with that, but I want to make it plain that we should see no further closures of refuges in this country.

Although hon. Members have not raised this point, we must do everything we can to help local authorities to commission services properly, because there is clearly a problem with that. Some local authorities have commissioned services in a way that does not help refuges, and that must be addressed. For example, some refuges have said that they will accept references only from the local community, but if a woman has been subject to physical abuse, the last thing that she will want to do is to stay in her community. She will want to escape from it, so that condition, which some local authorities have imposed, is nonsensical. The Home Office is working with local authorities to help them with commissioning practices, to ensure that they get the best value for money and the best service for those—predominantly women—who use refuges. More can be done on that. Current commissioning practices waste money by imposing requirements that are not necessary for the operation of the refuge service, and that money could be better spent on protecting women.

My hon. Friend the Member for North Swindon (Justin Tomlinson) mentioned the engagement of football authorities. As he recognises, they responded quite well to the initiative that he mentioned. I have had a meeting with the various elements of football—the FA, the Premier League and others—to discuss what they might do further to deal with domestic violence, and how they might use their voices to help tackle that societal problem. They have gone away to consider what they can do to help, and I am waiting for them to come back with their offer. We are very much on the case with that, and I am grateful to the football authorities, in their various guises, for the positive way in which they have engaged with me and the women’s organisations to which my hon. Friend referred.

The hon. Member for Inverclyde (Mr McKenzie) mentioned a figure for the increase in domestic violence. I urge caution, because it can be difficult to determine to what extent there has been an increase in domestic violence, and to what extent there has been an increase in reporting. Those are not quite the same thing, as he will appreciate. The Government is encouraging victims of violence to come forward—that is a common approach across the House—and they are doing so, partly because they now have more confidence in the police than they used to. When we see figures for the number of reported incidents of domestic violence, we must be careful not to assume that that represents an increase, because it may simply represent a welcome increase in reporting. That is not to be in any way complacent about the figures, because they are far too high. I simply want to put a cautionary marker on the use of such figures. The hon. Member for Strangford raised that point as well, and I hope I picked his point up, too.

The question of legal aid was raised by the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne), and I want to provide her with some reassurance. We have retained legal aid in key areas that impact on women, particularly injunctions to protect victims from domestic abuse, and in family cases such as child contact or division of assets after separation where domestic violence is a feature. We continue to provide civil legal aid for the victims of domestic violence to apply for protected injunctions, such as non-molestation orders. We will also continue to waive the financial eligibility limits in such cases. Our changes to the scope of legal aid do not affect those cases.

The hon. Lady expressed her view that personal, social, health and economic education should be mandatory in state schools. The Home Office has done a great deal to help to educate boys, in particular, about the nature of appropriate relationships. We have run a successful campaign, as I hope the hon. Lady knows, called, “This is abuse”, involving stars from “Hollyoaks” and various pop bands. We have used MTV and other channels to ensure that the campaign reaches young people, and the response to it has been quite good. I understand entirely the point about compulsory PSHE, which several others have echoed, and I have raised that with the new Education Secretary. I do not want to commit her to anything, but I think she is prepared to look at the matter, so we might make some progress on that front.

I welcome the shadow Minister to her post, in what I believe is her first outing in such a debate, and I agree with much of what she said. I agree that we must have the confidence of victims if they are to come forward, and I have tried to address that point in my response. I also agree that the performance of the police and the Courts Service must improve. I hope she acknowledges that we are taking steps to bring about such improvements, as I have outlined.

The shadow Minister mentioned the figure of 31% in relation to cuts to refuges. That is not a figure I accept. It comes from a survey based on an average from 63 local authorities that made cuts to their refuge service, which did not take into account the responses from 201 authorities that did not make cuts. That figure, therefore, is inaccurate and misleading, and I would be grateful if she did not use it. As I have made clear, I am in no way complacent about refuges, but we must make sure that the figures we use are accurate.

The situation that faces us is no small challenge. The Government has introduced significant initiatives to enhance victim safety, but we have also made it clear that changes to the law or new powers alone are not sufficient. We must not fall into the trap of thinking that the statute book is the answer to everything, because it is not. The police have significant changes to make following HMIC’s report. I am determined to create an environment in which all victims of domestic abuse who find the courage to seek help have their needs met. That will, ultimately, encourage more victims to come forward, which will mean that more perpetrators are brought to justice, more cycles of abuse are disrupted and we take a giant step closer to becoming a society in which domestic abuse is a thing of the past.