European Union (Withdrawal) Bill

Seema Malhotra Excerpts

Committee: 3rd sitting: House of Commons
Tuesday 21st November 2017 Commons Chamber

[Joanna Cherry]

If I may say so, I think that that is to misunderstand. I am not responsible for the false assurances that were given about the opt-out when this country signed up to the charter. They did not come from the Scottish National party, and I think it is fair to say that they have now been disowned by the Labour party. In reality, the incorporation of the charter in our law has meant enhanced direct effect. I use the term “direct effect” rather than “direct applicability” because people are able to take an action and refer to those rights in the course of their action, as we saw in the Supreme Court case last summer when a gentleman named Mr Walker was able to realise equal pension rights for his husband, despite a loophole in UK law about the equalisation of pension rights for gay couples, because the EU charter closed that loophole.

I want to give the House a brief list of some of the rights involved. We have heard a lot about data protection, and I know that others will want to address that issue, but it is worth remembering that the right to be forgotten on Google and other search engines—which I believe is of interest to some Members—stems from the EU charter. There is more to it than that, however. Let us look at the words of others, rather than simply accepting the argument on my say-so.

When the Exiting the European Union Committee took evidence on these matters, Caroline Normand, the director of policy at Which?, told us that

“the Charter of Fundamental Rights contains some really important principles for consumers. The particular ones that I would highlight are the right to a high level of human health protection, which is article 35, and a right to a high level of consumer protection.”

She referred to the case last May—it has already been mentioned today—when the large tobacco companies brought judicial review proceedings challenging the regulations that introduced standardised packaging for tobacco products. The High Court dismissed the case, referencing the public health and other rights set out in the charter. That is a pretty meaningful right for public health in these islands.

Dr Charlotte O’Brien, a senior lecturer at York Law School, told the Select Committee that she had produced an approximate count for the number of times the charter was referenced in case law. She found that the charter was cited in 248 cases in England and Wales, 17 in Northern Ireland, 14 in Scotland and 98 in the European Court of Human Rights, and in 832 EU judgments, 515 of which were from the Court of Justice. Her point was that that is an awful lot of cases that would have to be read differently, and it is not clear how they are to be read differently.

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

The hon. and learned Lady and I both sit on that Committee. I would like her views on another point made by Dr O’Brien, which was that the school of thought that says that excluding the charter might not make that much difference is misleading because of the extent to which it is embedded in a lot of what we would consider to be retained EU law, and disentangling that would be extremely complicated.

[Joanna Cherry]

Dr O’Brien did indeed make that point, and I think that anyone interested in the detail of why removing the charter from domestic law would take away rights would be well advised to read her evidence.

European Union (Withdrawal) Bill

Seema Malhotra Excerpts

Committee: 1st sitting: House of Commons
Tuesday 14th November 2017 Commons Chamber

[Yvette Cooper]

The hon. Lady is right. We had all those debates about taking back control and parliamentary sovereignty, yet somehow the Minister seems to want to rip it all up. The Government are trying to concentrate huge amounts of power in the hands of Ministers, rather than giving the whole of Parliament a say.

Ministers have to stop infantilising Parliament and treating Parliament as if it is the enemy. The truth is that the sky did not fall in because Parliament had a vote on article 50. The Government told us that it would, and they told us that the whole process would be stopped, but it was not stopped because each and every one of us understands that we have obligations and responsibilities towards the referendum result, just as we have obligations and responsibilities towards the negotiation process that the Government have to conduct on our behalf, and that we cannot directly conduct for them. We know that we have those different responsibilities, and we know that we have to take mature and responsible decisions given the complexity of the situation that faces every single one of us. We just do not think that those decisions should be entirely in the hands of Ministers; we think that the whole of Parliament should have a say on something so important.

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

My right hon. Friend is making an incredibly powerful speech and argument. Does she agree that having the vote and support of Parliament behind the Government and the action they take would strengthen the Government’s hand in the negotiations with the European Union?

[Yvette Cooper]

I agree with my hon. Friend, because this should be about the whole of Parliament, just as when we had the responsible debate on article 50. We know it is complex. It is our job and our responsibility in a democracy to deal with that complexity, and not just to abdicate our responsibility and hand it over to Ministers because, somehow, it is too difficult for us in Parliament to deal with. Of course it is not too difficult, and of course we are capable of dealing with the complex situation we face.

--- Later in debate ---

[Dominic Raab]

Perhaps I can give way to my right hon. Friend when I come on to her amendments.

I turn to amendment 203, tabled by the right hon. Member for Ross, Skye and Lochaber, and to the related amendments 353 and 354. They would remove clause 6(7) and partially reinsert it into clause 14. Clause 6(7) provides key definitions of terms in the Bill that are crucial for the proper interpretation and full understanding of its content. Subsection (7) aims to alleviate any potential confusion and ensure that there is no vagueness or ambiguity about the different types of retained law mentioned in the Bill. That is vital for those who read, implement and interpret the Bill, because of the different effects of each type of retained law. The placement of the definitions in clause 6 is specifically designed to make the Bill easier to navigate and more user-friendly, by placing the definitions close to where they are used and deployed in the text.

[Seema Malhotra]

Will the Minister give way?

[Dominic Raab]

I am going to make a bit of progress. Wider general definitions are set out in clause 14, and clause 15 provides an index of all the defined terms to make the Bill easier to use as a reference tool. To remove those definitions from clause 6 and only partially to reinsert them into clause 14, as the amendment would do, would undermine the certainty and clarity that we aim to provide.

Without statutory definitions of the different types of retained law, we would undermine the stability of our domestic legal regime after exit and exacerbate the burdens on the court system. Reinserting the definition of “retained domestic case law” into clause 14 would not alleviate that, because it would give rise to the question why that definition had been included, while others had not. Its placement in the body of clause 14, away from its original use in clause 4, would make the text far less easy to navigate—something that we are keen to avoid.

I turn to amendment 137, which is a joint SNP and Liberal Democrat amendment, in the name of the hon. and learned Member for Edinburgh South West (Joanna Cherry). Clause 6(2) will allow our domestic courts and tribunals to take into account any decisions made by the European Court, an EU entity or the EU itself on or after exit day, if they consider it appropriate to do so. That will ensure that our courts are not bound by the decisions of the European Court, while enabling them to consider its subsequent case law if they believe it is appropriate to do so. It is widespread practice in our domestic courts to carry out a similar exercise with the judgments of courts in other jurisdictions—I am thinking particularly of Commonwealth and common law jurisdictions—so, in principle, there is nothing new or particularly different here.

The UK has always been an open and outward-looking country, and our legal traditions reflect that. We pay attention to developments in other jurisdictions, including common law jurisdictions, and we embrace the best that the world has to offer, but we do so on our terms and under our control. That is decided by our courts and, ultimately, it is subject to the legislative will and sovereignty of this House. Amendment 137 is therefore unnecessary, as the Bill already provides that post-exit decisions of the European Court can be considered by the domestic courts.

Amendment 137 would go further, however, in that it would require our courts and tribunals to pay due regard to any relevant decision of the European Court. What does “due regard” mean? It is not defined and, indeed, it is far from clear. It is evidently intended to go further than clause 6, and tacitly urges our courts to heed, follow or shadow the Luxembourg Court, but there is no clarity about what would count as due consideration. The amendment would alter the inherent discretion the UK courts already have to consider, without fetters, the case law in other jurisdictions, and it seeks to apply to the European Court a procedural requirement that is stronger but so vague that it is liable to create more, not less, confusion. I hope that I have tackled, or at least addressed the concerns that the hon. and learned Lady has expressed in her amendment, and I urge her not to press it.

I will now turn to amendment 303 in the name of my right hon. Friend the Member for Chesham and Amersham. I thank her for tabling this amendment and for explaining it, as she did, in a very constructive spirit. I recognise that she is representing the interests of her constituents with her customary tenacity, but I will take a few moments to set out why we have taken our approach to the issues and my difficulties with her amendment.

Clause 6 supports the Bill’s core aim of maximising certainty. It is in no one’s interests for there to be a legal cliff edge. The Bill means that the laws and rules we have now will, as far as possible, continue to apply. It seeks to take a snapshot of EU law immediately before exit day. The Government have been clear that in leaving the EU, we will be bringing to an end the direct jurisdiction of the European Court of Justice in the UK. To maximise certainty, any question about the meaning of retained EU law will be determined in UK courts by reference to ECJ case law as it existed before our exit. Using any other starting point would be to change the law, which is not our objective. Our domestic courts and tribunals will no longer be bound by or required to have regard to any decisions of the European Court after that point, but they can do so if they consider it appropriate. These clear rules of interpretation are set out in clause 6.

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[Helen Goodman]

No, my hon. Friend is absolutely right. The problem is this dissonance between the content of the rules and the enforceability of the rules.

I just want to stress this point about the impact on exporters. In the Minister’s description of how the transition period and the future might pan out, there seemed to be no acknowledgement that, in addition to some of these disputes and rights that citizens will be claiming, whether they are under competition law or in the single market, there will also be citizens in this country making claims in the other European countries, or the other 57 third-party countries. In order to export, these countries need to have more certainty about their data protection—we will come on to that another day—about professional recognition, particularly the services, about licensing and about passporting. If those rights are not enforceable, they will be losing that certainty.

At the moment, we have a situation in which half the exports of this country go to the European Union, and 30% go to the other 57 countries in which the EU has negotiated the legal framework. We are talking about 80% of this country’s trade and this Government are not able to tell us what the legally enforceable base will be during the transition period.

The right hon. Member for Chingford and Woodford Green (Mr Duncan Smith) said that it would be very nice if we could have a new arbitration system. Well, I am sorry, but that does not seem to be on offer. At the moment, there are three possibilities. One possibility is continuing with the ECJ, but the Government have set their face against that. Another possibility is to join the European economic area, but the Government have set their face against that. The third possibility is to crash out. The option of the bespoke arbitration system with the European Union will be extremely difficult to negotiate in the 15 months that we have left before the transition period begins.

[Seema Malhotra]

With so many organisations and bodies, such as the judiciary, businesses and the Law Society, talking about the uncertainty that comes from clause 6, does my hon. Friend not agree that it is very challenging to believe the Government that this will be all right on the night when an alternative dispute mechanism would need to be created, designed, drafted, legislated for and in place before we leave the European Union?

[Helen Goodman]

My hon. Friend is absolutely right. It is not just one alternative system; it is 58. It is one with the EU and another 57 with everybody else. This is really not going to happen, and Ministers need to get their heads round the fact that they have some hard choices to make, and they need to be straight with their own Back Benchers and with the public about what those choices are.

The Government are being irresponsible in wanting to repeal the European Communities Act 1972, which is the basis of our membership, and in setting the date at the beginning of the transition period, before they can tell us how they are going to handle that period. It would be great if they could give us a proper explanation because we have not had one yet. Ministers say that the whole purpose of the Bill—the very thing that the Bill is driving at—is legal certainty, but they cannot tell us what the legal position will be in 18 months’ time. The Bill is flawed and I urge Ministers to look constructively at the amendments tabled by the Opposition Front Bench.

European Union (Withdrawal) Bill

Seema Malhotra Excerpts

2nd reading: House of Commons
Monday 11th September 2017 Commons Chamber

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

I am grateful for the chance to contribute to this debate. I look forward to re-joining the Exiting the European Union Committee, whose important work will finally recommence this week.

I will vote tonight for Labour’s reasoned amendment and against the Second Reading of the Bill, not to frustrate Brexit, but because I believe that Parliament and the country must not be side-lined in how we move forward. The Bill has clearly been written without thought to its implications. As it stands, it sets a precedent that our democracy, or any other, should not allow. Ministers would be able to amend primary legislation—the Bill and other Acts—without needing a debate or vote in this House. Ministers could remove rights and protections through secondary legislation without any meaningful or guaranteed parliamentary scrutiny.

Many excellent points on the scope, scrutiny, transparency and accountability of the powers in the Bill have already been made, especially by my right hon. Friend the Member for Derby South (Margaret Beckett). I want to focus the detail of my remarks on one specific issue of concern, on which I would be grateful for the Minister’s response.

Once upon a time, before the general election, there was a lot of stirring rhetoric from the Prime Minister about how no deal would be better than a bad deal. These days, we hear less public talk of no deal, but the Bill nurses one hangover from when the Prime Minister could still pretend she had a mandate for her vision of what Brexit means. We do not have to look very far to find it. It is in clause 1, which states:

“The European Communities Act 1972 is repealed on exit day.”

“Exit day” is defined as

“such day as a Minister of the Crown may by regulations appoint”.

Now stand back. What clause 1 proposes is that any Minister can decide when our membership of the EU ends.

On any day, if the Prime Minister or Foreign Secretary decided, the Executive could withdraw from talks and decide to make hard Brexit a reality by repealing the European Communities Act, without a proper debate and without a full vote of this House. Clause 1 appears to put perhaps the most important power in the Bill—the power to repeal the European Communities Act—entirely into the hands of any Minister at a time of their choosing and whether or not there is continuity of our laws at that time.

Exit day is not even defined as being, at the earliest, 29 March 2019. There appears to be no parliamentary supervision over that power. It would appear that Parliament does not need to approve the regulations. Parliament does not even get to see them in advance. Hon. Members will have their own views about the wisdom of Ministers having that power. For my own part, I find it hard to see how giving an unfettered power to any Minister—especially a Conservative Minister—is what Parliament taking back control looks like.

There is no need for Parliament to be cut out of that decision. If our talks with the EU produce a deal, it will need to be approved by the other member states and the European Parliament before the cut-off date of March 2019. So there will be ample time for Parliament to choose to accept it, and consequently for the UK to see the repeal of the 1972 Act on what most assume will be exit day—29 March 2019. But if our talks with the EU break down, it must be for Parliament and not Ministers to determine our response. Parliament may decide to repeal the 1972 Act anyway, or it may say that no deal will have calamitous consequences—crashing over the cliff is a long way from the sunlit uplands promised to the electorate.

Either way, what is important is that it is Parliament, not a Minister, who chooses how to respond. That is why Labour’s manifesto promised voters a meaningful choice. The question of what action we should take if talks break down is for Parliament to answer. The power for Ministers to exit with no deal should not be in the Bill. I will vote against a Bill containing this unfettered clause 1, and I hope for some words of reassurance from the Government on that today.

The vote tonight is not about whether we leave the European Union, it is about how we do so. For want of a better phrase, the Bill is little short of a dog’s Brexit. Parliament and the country deserve better.

Prison and Youth Custody Centre Safety

Seema Malhotra Excerpts

Wednesday 19th July 2017 Commons Chamber

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

(Urgent Question): To ask the Secretary of State for Justice if he will make a statement on safety in prisons and the findings of Her Majesty’s chief inspector’s annual report.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

Independent scrutiny is an essential part of our prison system, and I thank the chief inspector of prisons and his team for the work they do in delivering this, including through his annual report. His report raises important issues in relation to safety and security in prisons and youth custody. We have been clear that a calm and ordered environment needs to be created to ensure effective rehabilitation, and that achieving this is our priority.

The current levels of violence, self-harm and self-inflicted deaths in the adult estate are unacceptable. The issues in our prisons have deep roots and, while they will not be addressed overnight, we are combining immediate action to stabilise the estate with significant additional investment. For example, we are investing £100 million a year to bring in an additional 2,500 prison officers by the end of 2018. We are already making significant progress, with a net increase of 515 prison officers in post at the end of March compared with the previous quarter.

Turning to youth justice, the annual report highlights particular issues regarding the youth estate. I reassure the hon. Lady that the safety and welfare of every young person in custody is of paramount importance to me and we are clear that more needs to be done to achieve this.

In response to Charlie Taylor’s review of the youth justice system last December, the Government acknowledged the serious issues the youth justice system faces, and that is why we are reforming the system. Let me give three examples of the progress we are making. First, we have created a new youth custody service, with an executive director, for the first time in the Department’s history. Secondly, the development of a new youth justice specialist officer role is ensuring that more staff can be specifically trained to work with young people, boosting the numbers on the operational frontline in youth offender institutions by 20%, and recruiting workers specifically trained to work within the youth sector. Thirdly, there is the introduction of a more individualised approach for young people focused on education and health, enhancing the workforce, improving governance, and developing the secure estate.

Finally, in his report the chief inspector expressed disappointment about the implementation rate of his recommendations. I recognise this concern, and to address this, we have created a new unit within Her Majesty’s Prison and Probation Service to help ensure that recommendations are taken forward in a timely manner and to track how they are being implemented by prisons.

The issues within our prisons will not be resolved overnight, but we are determined to make progress as quickly as possible, and I hope that hon. Members on both sides of the House will support our plans for reform.

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[Seema Malhotra]

Last year, the chief inspector reported that too many of our prisons had become unacceptably violent and dangerous. This year, he reports that the situation has not improved, and that it has got worse. Staff assaults increased by 38% in the 12 months to December 2016. Of the 29 local prisons and training institutes inspected last year, 21 were judged to be poor, or not sufficiently good, in the area of safety.

Only two weeks ago, here in the Chamber, I raised the issues at Feltham young offenders institution, but this devastating report is a cause for even greater concern. The jump in violence in our prisons is a crisis of the Government’s own making. The warning signs have been there. The Government have been warned by MPs, by the staff in our prisons and by charities. Now they are being condemned by this damning report. The budget for prisons has been cut by more than a fifth over the past six years, and those cuts have now been proved to be a false economy. Prison staff numbers have been cut by a quarter and those who remain are being put at risk. The human impact of Tory austerity is now being laid bare in our prison system. Effective prisons should be about rehabilitation, so that people come out less likely to reoffend. Drugs, debt and bullying are contributing to the violence, but this has been found to be compounded by staffing levels described as being simply too low to keep order and run a decent regime.

In the last Parliament, the Government introduced a Bill to address some of these safety concerns. However, the Bill was lost on Dissolution. Despite recognition of prison safety being in the Tory manifesto, no prisons legislation was announced in the 2017 Queen’s Speech. Will the Minister tell the House whether there is any intention of bringing back that legislation? Will he also tell us why a third of prisons have been found not to have implemented the prisons and probation ombudsman’s recommendations on reducing the risk of self-inflicted death? What action is being taken to address governance concerns and the extensive use of force and segregation? Will the Minister also update the House on the implementation of progress on recruitment and the action being taken to keep experienced staff and retain new staff? Our prison system is no longer fit for purpose and the Government must take urgent action.

[Dr Lee]

We fully recognise that there are difficulties in the prison system—we have been honest about that ever since I have been in the Department—and yes, the staffing issue has been indicated as a problem. It has been addressed in the last year and, as I have said, we have appointed more than 500 to March and we are on course to fulfil our target of 2,500 extra prison officers by the end of 2018. I would argue, however, that the unforeseen exacerbant in prisons has been the use of Spice and other drugs. This was not anticipated by any previous Government and it is undeniably causing difficulties in terms of the behaviour of prisoners and the corruption of prisoners and some staff with regard to the trade in those substances.

I also take seriously the issue of mental health in prisons. Only yesterday I had further meetings with the Department of Health, which carries responsibility for that. We recognise that we need to improve mental health services for offenders, including the services relating to substance misuse, both in custody and in the community. We are working hard to make those improvements because we know that those issues are contributing to the problems that the hon. Lady has raised.

In relation to the youth estate, and particularly to Feltham, which is in the hon. Lady’s constituency, the use of segregation is an issue. It has been an issue recently in the case that has been raised, but I cannot comment on that case because there is an appeal. This indicates how difficult it can be to manage young people. Over the past 10 years, the number of young people being held in custody has fallen from 3,000 to 1,000. That is something to celebrate. What we cannot celebrate, however, is the fact that when that target was set, before 2010, no plan was in place to change the infrastructure to meet the demands of dealing with and managing 1,000 extremely difficult young people at any one time. We are seeing problems not just at Feltham but across the youth justice system. I am fully aware of those problems, and that is why we are bringing forward two new secure schools over the next two years.

Domestic Abuse Victims in Family Law Courts

Seema Malhotra Excerpts

Thursday 15th September 2016 Commons Chamber

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

My hon. Friend is making an incredibly powerful speech. I have been struck by a number of constituents and by other people whom I have met through my work in the House who have said that, as victims, when they have gone into the courts, including family courts, they have felt that they have not been believed and that those involved in the judiciary do not fully understand the patterns of domestic abuse and what to believe and who to believe in the courts. Does she agree that an important part of this is the training of the judiciary and the updating of the training to reflect changes in the law?

[Angela Smith]

I completely agree with my hon. Friend.

I wish now to ask a few questions. What exactly are the failures of the family courts, given the legislative tools at their disposal? Why is it proving so difficult for the family courts to tackle this issue? Why is it so hard to put children first? I suggest that there are two major reasons. First, there is the ongoing assumption that men who are abusive towards women can nevertheless still be good fathers. That belief—that myth—is unbelievably enduring and flies in the face of the available evidence. Research indicates that there are many serious, negative impacts on children arising from domestic abuse, including children becoming aggressive or, conversely, over compliant. They can become withdrawn, anxious and fearful. One study also found that more than 34% of under-18s who had lived with domestic violence had also been abused or neglected by a parent or guardian. I do not see why that should surprise anybody. Surely, this outdated, discredited way of thinking has no place in our family courts. Surely, given the ongoing incidence of violence against children and the frequent link with domestic abuse, we need effectively to eradicate this cultural legacy from our family courts.

Secondly, there is an ongoing failure on the part of the statutory agencies and the family court judiciary to understand that domestic abuse frequently involves coercive control; abuse is about power and control. That is why it is not surprising that fathers who beat up women can also abuse children.

Physical injury is not the only manifestation of abuse and it is in that context that the courts themselves can become a tool in the armoury of a controlling abuser. In other words, when separation occurs and a woman removes herself and her children from an intolerable situation, the abusive parent frequently uses family court proceedings as a means of continuing his attempt to control and coerce.

This brings me back to Claire’s story. Her abuser exercised the ultimate control over her. Not only did he drag her to the family court for unsupervised access to his children, he went on to murder her children. In doing that, he has, with one awful, heartbreaking criminal act, exercised control over Claire for the rest of her life. That should give us pause for thought. Never again will Claire’s life be the same, as her two boys have gone. We all feel her pain, and we have a duty to act.

That is why I have worked with Women’s Aid and other MPs to secure this debate today. I pay tribute to Women’s Aid and the all-party group on domestic violence, which have produced reports that reflect on what needs to be done. I do not have time to go through their recommendations in detail. Suffice it to say that they relate to measures designed to put children first, to implement properly the legal framework and Practice 12, including the professional training of court staff and the judiciary as my hon. Friend the Member for Feltham and Heston (Seema Malhotra) mentioned, and to put in place independent national oversight of the implementation of Practice 12. They also include practical measures, such as dedicated, safe waiting rooms for vulnerable witnesses and separate entrance and exit times.

Of course we all want to see reform of the Government’s legal aid changes to ensure that representation in the family courts is adequate and sufficient to avoid the current situation, which sees abused women cross-examined by their abusers. I know that the Minister, who has written to me separately, has indicated that the president of the family division has asked Mr Justice Cobb to review practice direction 12 to see whether amendments are needed, but we need more than that. The public needs more than that, as is indicated by the 38 Degrees petition, which has now been signed by more than 33,000 people. We need to see: the Ministry of Justice take action to ensure that the legal framework is properly implemented; practical changes to the ways the courts work; resources dedicated to ensuring the professional training of court staff and the judiciary; and the Government indicating that they will do all that is necessary to improve the relationships and the information sharing between statutory agencies and between those agencies and the family courts. There was a huge delay in the cases of Claire, Jack and Paul.

Above all else, for Claire’s sake and for the sake of all vulnerable women, we need the Government to send out a very clear message. By agreeing to act on today’s motion, the Government would be sending out a clear message that domestic abuse will be tackled, that it will be dealt with in all its forms, and that we will not allow our children to be harmed by it.

Jack and Paul must never be forgotten. Claire wanted their names to be used in the serious case review, but the authorities refused, preferring to refer to them as P2. Jack and Paul were not P2; they were two dearly loved boys whose lives were snatched away from them by a violent father. Let us make sure today that Jack and Paul will never be forgotten. Let us support the motion on the Order Paper.

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[Melanie Onn (Great Grimsby) (Lab)]

I congratulate my hon. Friends on bringing this debate to the Floor of the House of Commons. I acknowledge Women’s Aid for the protection and support it provides to women and children, and for all the vital work it does to highlight the suffering caused by domestic violence. In particular, I pay tribute to Denise and all her staff at Grimsby Women’s Aid, and all the women I have met there. They are amazing and, despite some real tragedies and difficulties, they continue to face life with bravery and extraordinary good humour.

Several victims of domestic violence have come to my surgeries in Grimsby looking for help because they feel they have been let down. They feel that the whole system is stacked against them. They are the ones who have to move out of the area they lived in. They are the ones who have to provide the burden of proof; that all falls on them. They are the ones whose parenting is constantly questioned. They are the ones who live in fear of abuse and in fear of losing their children. They are the victims, but too often they feel that they are treated with suspicion rather than compassion, and that they are made to feel as though they are the guilty party.

The way in which family courts operate reveals a real lack of understanding of the situation in which victims of domestic violence find themselves. As we have heard in so many testimonies today, victims clearly should not have to share a waiting room with their abuser, and they should not have to face cross-questioning from them. As the right hon. Member for Basingstoke (Mrs Miller), who has just left her place, mentioned earlier, it is too difficult for individuals to be faced with their abuser in a small space.

I want to thank Rochelle, one of my constituents, for allowing me to use her name—in fact, she was insistent that I use it—to highlight her very personal and individual difficulties, which represent the difficulties of so many women. She fled her abusive partner, yet she has been forced to face him in court several times during the last six years. He is using the court system to gain access to her, and as a means of getting around the restraining order. The courts have failed to provide security at their meetings. She has been made to sit at the same table as her former partner in a small room, and he has taken such opportunities to make horrendous sexually derogatory comments to her. This man had twice put her in hospital while she was pregnant. She should never have to be in the same room as him again, but she feels that the family court forced her back into the perpetrator’s presence and under his control. In addition, she has had no access to social housing, because the local authority deemed her to have made herself intentionally homeless, after having fled her home. That is incredibly common. As we have heard, she is not alone in being in such a situation.

[Seema Malhotra]

I thank my hon. Friend for her speech. She has highlighted a very important issue, which has certainly become increasingly apparent to me from my casework, about the training given to local authority teams—sometimes in social services and sometimes in housing—that deal with family issues involving domestic violence or domestic abuse. Does she agree with me about the importance of awareness, training and leadership in local authorities on such issues?

[Melanie Onn]

Absolutely. I agree with my hon. Friend that training plays a big part, and there is a lot more that could be done with cross-agency working and understanding.

When I visited a school in my constituency recently, I was really shocked to hear a support worker—she has worked in a school for nearly 30 years, and lives in the community in which she works—say she believed that about one in five children at that school were in families that had experienced domestic violence. The figure is shocking in itself. On the positive side, however, she said it was very important in a school environment that children should feel they have a safe space, where they feel they have good relationships with and can open up to the staff. My hon. Friend’s point about training applies to schools as well.

I believe that a lot of this is unreported violence. Will the Government consider how they can give people greater confidence in the system? People also need to recognise violence in the household as a problem. I think some people accept it as part of a volatile relationship and may not even recognise it as domestic violence. That is where the coercive element also comes in. That makes me believe all the more that good relationships education in schools can help children to realise that those are not normal relationships, and that that is not how loved ones behave towards one another.

Before the summer, I tabled some parliamentary questions relating to the effect of domestic violence on the children who are subject to it or who witness it, and I am very concerned that the Government do not seem to be sufficiently interested in that subject. I asked how many children the Government estimate live in homes where domestic violence occurs, and how they believe the educational attainment of children who experience domestic violence is affected. The answers I received from the Department for Education stated that, although it counts the number of referrals to children’s social care in which domestic violence is a factor, its figures do not include all children who experience domestic violence, and it does not publish attainment data for children who have been referred. Would not greater cross-departmental work ensure that domestic violence is better understood, highlighted and prevented? I worry that those answers show a lack of urgency in tackling this problem.

Finally, and quickly, I want to raise an issue that another constituent brought to me in relation to the Concentrix debacle that is currently being uncovered. A women with two children had her tax credit money stopped two weeks ago because she had been subject to a random check. She was told she was suspected of living with a partner. Concentrix would not disclose the name of the person it suspected to be living with her, and it would not make any home visits. She is a single parent, and she has been left to evidence the fact that she is single. She has now been forced to use food banks and to have meals at her parents’ house, and she has received assistance with her children’s school uniform costs. This is particularly difficult because my constituent is a victim of domestic violence. She has had to set up her life again from scratch to make sure that she and her children are safe. Again, it feels as though the state and all the agencies involved are working against her having a fresh start.

The lack of sensitivity, awareness and preparedness across state agencies—from the welfare system to family courts, as well as the police and the education system—lets down children and victims of domestic violence, and leaves them feeling as though the whole system is working against them.

Oral Answers to Questions

Seema Malhotra Excerpts

Tuesday 6th September 2016 Commons Chamber

[Mr Gyimah]

Since being appointed to this job, I have met a number of governors, and most of them tell us that they want to be empowered to match resources to the needs of prisoners in their prisons, working with local employers and the whole community. That is what governors want, but this is not the responsibility of governors alone. If we want prisoners to be able to go out and find work, businesses have a role, the community has a role and we all have a role. If prisoners can leave, get jobs and restart their lives for the better, we all benefit.

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

More than 60% of young people within the justice system have a communications disability, and more than a third of young offenders have speaking and listening skills at the level expected of an 11-year-old. With these skills being fundamental to the ability to hold down a job, will the Minister update us on what assessment the Government have made of speech and language support needs and of how well those needs are being met?

[Mr Gyimah]

The hon. Lady is obviously right that many prisoners arrive at prison with huge learning difficulties and disadvantages. That is well documented. We need individual programmes tailored to the needs of the prisoner, and the way to do that, as my right hon. Friend the Secretary of State said, is to empower governors to work with probation companies and rehabilitation organisations to deliver those programmes.

Women and the Economy

Seema Malhotra Excerpts

Wednesday 9th December 2015 Commons Chamber

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

I thank all hon. Members who have made thoughtful contributions in this important debate. They include the hon. Member for Lanark and Hamilton East (Angela Crawley), the right hon. Member for Basingstoke (Mrs Miller) my hon. Friend Member for Sunderland Central (Julie Elliott), the hon. Members for South Ribble (Seema Kennedy), for Paisley and Renfrewshire South (Mhairi Black), and for Eastleigh (Mims Davies), my hon. Friend the Member for Mitcham and Morden (Siobhain McDonagh), the hon. Member for Dudley South (Mike Wood), my hon. Friend the Member for Wirral South (Alison McGovern)—we extend happy birthday wishes to her daughter—the hon. Member for Lewes (Maria Caulfield), my hon. Friend the Member for Worsley and Eccles South (Barbara Keeley), the hon. Member for Portsmouth South (Mrs Drummond), my hon. Friend the Member for Brentford and Isleworth (Ruth Cadbury), and the hon. Member for Ross, Skye and Lochaber (Ian Blackford). I acknowledge the important issues that they have raised: equal pay, the impact of the tribunal fees, the cost to the economy of women’s unequal participation, degendering, stereotyping and the impact of the unequal changes to the state pension age. We are having this debate because the Chancellor’s economic choices are hurting, not helping, women. It is a small step in the historic fight for women’s progress. Yes, we have made great progress over the years and we are proud of what women in previous generations and today have achieved, but the Government now threaten that progress, particularly for the women in our society who have the least.

We still face huge inequalities. Women participate in the labour market on an unequal basis. Forty-two per cent. of women in employment work part time compared with 13% of men. Almost 800,000 women are unemployed and in all UK nations and regions the women’s employment rate is lower than that for men. Although we know that overall employment has risen, over half that growth has been in jobs where there is low pay.

In STEM subjects, the inequalities are stark. According to the latest labour force survey quoted by the WISE campaign, women make up only 14% of people working in STEM occupations. Things are getting worse, not better, under this Government, with women paying the price for the Chancellor’s failure. Eighty-one per cent. of the burden of his tax and benefit changes have been borne by women. Women have seen cuts to their personal and household income, impacting their ability to make ends meet and to save. The gender pay gap is over 19%, well above the EU average, and we now know that the gap is closing more slowly than in the last decade. Over 1.5 million women already in part-time work would like to work more hours but cannot get them.

Instead of women being supported in work, under the Government maternity discrimination has doubled and one in nine pregnant women and new mothers are forced out of work. The Government’s helping hand in the form of employment tribunal fees means that those mums need to pay £1,200 to bring a claim.

The Equality and Human Rights Commission “Is Britain Fairer” report shows that women are far more likely to have no qualifications than men. We know that women are far less likely to be in senior positions in our professions. That is bad for business. As new research shows this week, companies with more women on their board have shown a 36% better return on equity since 2010. What about the entrepreneurship gender gap? It is two and a half times bigger than that of France or Germany. That is a huge price that we all pay for this inequality.

The Government’s own research states that equalising women’s productivity and employment could add almost £600 billion to our economy, providing the growth and tax receipts that we need to get the deficit down. The “Closing the Gender Pay Gap” report states that our economy is losing out because women’s academic achievements, experience and talents are not being fully utilised, and all this when we have the lowest productivity in the G7. Last year saw the productivity gap with our G7 competitors widen to 20 points, the worst on record.

Hitting women three times as hard as men is yet another false economy. When we should be seeing a Government on the side of women in our national economic interest, we see the opposite. The Women’s Budget Group has shown that lone mothers and single female pensioners are set to lose most from the spending review decisions over this Parliament. Rather than wanting to know the impact of their policies on women, the Tories have scrapped Labour’s equality impact assessments, calling them pointless. The autumn statement did not come with the impact assessment we would expect, showing the impact of the Chancellor’s changes on women.

We should also mention how much impact the Government’s Trade Union Bill will have on working women. Unionised workplaces have better flexible working and support for women returning to work after maternity leave. I am pleased, but surprised, that the Minister mentioned Dagenham given what the Government have chosen to do to trade unions. The Trade Union Bill puts these hard-won rights at risk and we on this side stand shoulder to shoulder with the first female TUC general secretary, Frances O’Grady, and other trade unions in fighting this pernicious bill.

This is a Government who do not want to know the truth, or want people to know the truth, about their choices. Just as with tax credits, the Government tried to hide the impact of their changes. Over 3.2 million working families were set to lose an average of £1,300 from next April. We now see history repeating itself. These cuts to working tax credits are merely being delayed and disguised.

Here is the assessment from the House of Commons Library: a lone parent with two children on the enhanced minimum wage for over-25-year-olds will lose £2,800 as a result of the Chancellor’s changes to universal credit, and we know that 92% of lone parents are women. So let us be clear: this Government’s economic policies are hurting, not helping, women.

The uncertainties around funding for the social care sector and the social infrastructure are also set to hit women harder than men. This will result in women bearing an unfair burden for ever-increasing unpaid or underpaid care work. To quote the United Nations:

“When more women work, economies grow.”

And when women do well, children do well. Evidence from a range of countries quoted by UN Women shows that increasing the share of household income controlled by women, either through their own earnings or cash transfers, changes spending in ways that benefit children. This is even more poignant at a time when we know that as a result of this Government’s choices over 500,000 more children are growing up in absolute poverty.

So what do we need? We need to see an economy with far more equal opportunities for women and support for them to progress in the job market. We need women to have access to the jobs of the future and the support they need to help them stay there. To balance the books, we need to balance the economy, and to balance the economy, we need to see a renewed focus on women’s economic equality.

We need a Government who are on the side of women. Instead, we have a Government who are turning the clock back. The Chancellor may not care, but he should care, as he is managing the country’s economy. If he wants to make a start in addressing his failures, he should take up Labour’s call that he carry out a full cumulative assessment of all Government policy since 2010 to analyse the impact on women, and he should commit to publishing a full, comprehensive, meaningful gender equality strategy that addresses the economic and social discrimination and disadvantage experienced by women. Women need it, and our country needs it. That is why I hope all Members of this House will join us in the Aye Lobby tonight.

--- Later in debate ---

[Harriett Baldwin]

I wish the hon. Lady would acknowledge a few of the facts that I am about to share about women in the economy. The calculations that she has been citing all afternoon do not include these basic facts. There are more women in work than ever before in this country. We have the highest female employment rate ever. We also have the lowest gender pay gap since records began.

[Seema Malhotra]

rose—

[Ruth Cadbury]

rose—

--- Later in debate ---

[Harriett Baldwin]

I do not have much time, so I will make a bit of progress. Some 56% of the people who have been taken out of income tax altogether—in other words, who have had a 100% reduction in their income tax—through our increases to the personal allowance are women. Some 58% of those who receive the state pension are women—I will address the point made by the hon. Member for Worsley and Eccles South (Barbara Keeley) in a moment—and we have protected that under the triple lock. Almost two thirds of the people who will benefit from our introduction of the national living wage are women. Since 2010, women’s employment has increased faster than in the three previous Parliaments combined.

Let us compare and contrast that with the record of the previous Labour Government, under which the number of unemployed women rose by more than 200,000, or 25%. The fastest way to damage the livelihoods of hard-working women and families is to lose control of the public finances. That is the damage that we have had to fix, and we are making sure that that catastrophic situation does not happen again.

I want to address some of the important points raised today in a range of speeches—speeches from the hon. Member for Lanark and Hamilton East (Angela Crawley), my right hon. Friend the Member for Basingstoke (Mrs Miller), the hon. Member for Sunderland Central (Julie Elliott), my hon. Friend the Member for South Ribble (Seema Kennedy), the hon. Member for Paisley and Renfrewshire South (Mhairi Black), my hon. Friend the Member for Eastleigh (Mims Davies), the hon. Member for Mitcham and Morden (Siobhain McDonagh), my hon. Friend the Member for Dudley South (Mike Wood), the hon. Member for Wirral South (Alison McGovern), my hon. Friend the Member for Lewes (Maria Caulfield), the hon. Member for Worsley and Eccles South (Barbara Keeley), my hon. Friend the Member for Portsmouth South (Mrs Drummond), the hon. Member for Brentford and Isleworth (Ruth Cadbury) and the hon. Member for Ross, Skye and Lochaber (Ian Blackford).

A number of people have mentioned part-time work. It is worth remembering that 80% of the people who work part time do so because they want to. However, I agree wholeheartedly with the Chair of the Women and Equalities Committee, my right hon. Friend the Member for Basingstoke, who said that she wanted greater equality in the form of more men working part time. There is evidence that that is beginning to happen, enabling parental leave opportunities to be shared more equally.

[Seema Malhotra]

rose—

[Harriett Baldwin]

I want to address the points raised in the debate. A number of people mentioned the importance of women choosing STEM subjects at school. I am sure that Members on both sides of the House will welcome the sharp increase in the number of young women taking physics and chemistry at A-level. Careers advice was also mentioned, and it is certainly important to explain to women that a range of opportunities exist for them, and that everything should be open to them.

The women’s state pension age was mentioned a number of times, but no one pointed out that all the women affected by the change in the state pension age will benefit from the new higher state pension, or that the simplified state pension will enable women to take into account many more years that they may have spent engaged in caring responsibilities.

I would not want the Members who talked about the incredibly important issue of domestic violence to create the perception that there has not been an increase in domestic violence refuge provision, because there has. There are 13 new domestic violence refuges in this country, and the number of beds that refuges have available has increased from 3,216 in 2013 to 3,472 in 2015. [Interruption.]

--- Later in debate ---

[Seema Malhotra]

Would the Minister like to comment on the point that my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) has just made from a sedentary position on those refuge figures, which was that the Minister was making them up?

[Harriett Baldwin]

I can give the hon. Lady the source, which is the online system, and I will write to the hon. Member for Birmingham, Yardley (Jess Phillips) about this.

I am proud to serve in a Government who have done so much to help women of working age, and who have improved the state pension for women in retirement. The foundations of this improvement are, of course, our sound management of the economy, which is delivering growth, jobs, security and a higher standard of living. The previous Labour Government failed to provide women with greater financial security, and Labour Members have opposed our economic reforms at every stage. They failed to support giving girls the best possible education. They failed to support women in work. They failed to address the lack of women at the top in business, just as they have failed to address the lack of women in top jobs in their party today.

The Labour party is determined to fight the 1983 general election all over again. A woman won that election, and thanks to the result of that election we are once again winning economic security, economic opportunity and real economic aspiration for women. I urge my colleagues—

Courts and Tribunal Services (England and Wales)

Seema Malhotra Excerpts

Thursday 17th September 2015 Commons Chamber

[Mr Wright]

The hon. Gentleman makes an important point. Given what is coming out in this debate, the Ministry of Justice needs to scrap this consultation and start again on the basis of meaningful and accurate information.

I have mentioned costs and utilisation rates, but my central concern is access to local justice for my constituents.

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

My hon. Friend mentions access to local justice. Does he share my concern about the impact that this could have on recruiting magistrates, who serve their communities and understand their local areas? Without a strategy for the magistracy, there could be detriment to the principle of local justice.

[Mr Wright]

My hon. Friend makes an important point. My central focus is the victims, rather than the magistrates—with the greatest respect to those people who provide an invaluable public service.

The consultation on the proposed move to Teesside magistrates courts states that there are

“excellent road, rail and bus links.”

Whoever wrote that has a budding career in writing gags for a living, because that is just not the real experience. Public transport provision in Teesside is appalling. Somebody from Hartlepool who is required to be at Teesside magistrates court for an early morning hearing and has no access to a car will struggle to make it. Victims, who might understandably require a period of calm and reflection before enduring the stressful and arduous process of giving evidence, will be massively inconvenienced. Do the Government really want to make justice more stressful and inconvenient for innocent victims? Justice is not being served by making victims travel longer distances. The consultation says that at present 99% of those accessing Hartlepool magistrates court can be there by public transport within 60 minutes, even taking into account the appalling local public transport provision. The consultation states that after the proposed closure 91% will take between one and two hours. That fails the Government’s intention of ensuring that people will not have to face long journeys, and I hope the Minister will consider that.

Finally, I finish on a wider point that is perhaps not the direct concern of this debate and of the Minister but has implications for relatively small towns such as Hartlepool. We have endured the movement of local hospital services from Hartlepool to other areas. Retail units are moving from the high street and the shopping centre into other areas. There is a drift of services from places such as Hartlepool, but what does that mean for the future? Does it mean dormitory towns, at best, or, at worst, ghost towns in which there is no sense of community and where economic activity is stopped?

We have to think about this as widely as possible and, given the concerns, I hope that the Minister will think again and ensure that Hartlepool magistrates court remains open.

Oral Answers to Questions

Seema Malhotra Excerpts

Tuesday 8th September 2015 Commons Chamber

[Mr Vara]

My hon. Friend is another Member who is doughty in speaking up for his constituents and I commend him for that. Again, as far as Dartford magistrates court is concerned, I assure him that no final decisions have been taken. Local justice is important and I am open to suggestions of other venues. I reiterate that we have the potential to use video conferencing. Lawyers are already using telephone conferencing. Two sets of lawyers will have a three-way conversation with a judge in chambers, rather than going to court as they did in old times. We must make use of modern technology if we are to keep pace with the 21st century.

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

I remain concerned about the proposed closure of Feltham magistrates court, following the closure of Brentford magistrates court. I am concerned that it will break the fundamental link between local people and the justice system, and not just because of the travel issues. Feltham magistrates court has been successful in running school competitions to increase understanding of the justice system. Is the Minister concerned about the collective impact of the proposals, alongside the closure of police stations, on people’s relationship with the justice system and on its effectiveness in our communities?

[Mr Vara]

The hon. Lady and I have spoken about the proposals in her constituency. I am confident that the connection that police and the local justice system have with the local community will remain strong. The only thing that will happen is that we will move to a 21st-century legal system. I emphasise that the proposal has the total backing of the senior judiciary. They are the people who operate within the courts and they support the proposals.

Immigration Statistics

Seema Malhotra Excerpts

Friday 28th November 2014 Commons Chamber

[Mike Penning]

Thank you, Madam Deputy Speaker.

The Prime Minister made a promise and a commitment in good faith, and I accepted that, like we all did. When we make a commitment, however, sometimes we do not know what is coming down the line. That promise was made, but we have never seen immigration from the EU at the levels at which it is at the moment, and we must do something about that. If one method does not work, people have to try another. If they are out there trying to negotiate and feel that they are not getting somewhere with one point, they try another. What the Prime Minister has announced today means that we will restrict benefits for people who come to this country for four years when they come here to work. We will prevent them from having social housing for four years. What really winds up my constituents is when people from the EU working here send child benefit and child tax credits back to another country. That will stop under the next Conservative Government.

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

I regret that the Minister’s first statement was a political attack on the Labour party. The public will question whether he takes this issue as seriously as he should.

“No ifs. No buts. That's a promise we made to the British people. And it's a promise we are keeping.”

That was the Prime Minister speaking on net migration in April 2011. That false promise, which was less than one made in good faith than one he knew he could not keep, has now duly crumbled. Net migration, which the Home Secretary and the Prime Minister hand-picked as their measure for their migration target, is going up. It is now 16,000 higher than when they took office and almost three times the target level. It is higher than it was when the Conservatives said that it was out of control, that nothing had been done and that it was all Labour’s fault.

The truth is that this net migration target is the worst of all worlds. It does not include illegal immigration, where we know enforcement has worsened, yet it has encouraged the Government to target valuable university students. Their numbers have flatlined even though, as the Government know, they bring billions into Britain and build relationships that contribute to strong trade links in the future. And it is just wrong to include refugees in the target.

The Government have not put in place proper border controls so that we can count people in and count them out in order to enforce the rules. Immigration needs to be controlled and managed, but it is important to Britain and the system needs to be fair. All that this Government have done is ramp up the rhetoric without ever bringing in practical measures to address the impact of immigration or make the system fair. That has deeply damaged confidence in the whole system and proved divisive.

Will the Minister tell us how wide of the mark the Government expect to be on their immigration target? Will he also explain why his Government made this promise, which they could not deliver? Why will he not strengthen our borders with 1,000 more staff, implement stronger enforcement to stop employers exploiting cheap migrant labour to undercut wages and jobs, and pursue European reform to strengthen transitional controls and change child benefit rules? The Government’s strategy is failing and their false promises ring hollow. They need to stop taking people for fools and instead set out a sensible debate with practical policies. I look forward to hearing the Minister’s response.

[Mike Penning]

I am absolutely amazed by the response from Her Majesty’s Opposition. They seem to have selective memory loss. Not imposing transitional controls in 2004 was a spectacular mistake that left Labour with red faces. That was not the Conservatives, but the right hon. Member for Blackburn (Mr Straw), the former Home Secretary. The mess we are in now with immigration was caused by the previous Administration. That is a fact, and we have not reached anywhere near the peaks of the previous Administration.

The hon. Lady talked about universities. I am proud to say that bogus colleges in my constituency have been closed down by this Government. They were fundamentally wrong, and unfair to students who are in this country legitimately and trying to get a decent education, as well as to our own students.

Let us talk about unemployment. The majority of the growth in unemployment in this country was taken up by foreign nationals. In the last two thirds, it has been taken up by British nationals. That shows the growth in unemployment taken up by foreign nationals under Labour, and the growth now under the Conservative party and the coalition.

--- Later in debate ---

[Mike Penning]

That is exactly why the Prime Minister has made this speech this morning, that is exactly why we need to renegotiate the treaties with the European Union and that is what we will put to the British people, and I expect it to work.

[Seema Malhotra]

On a point of order, Madam Deputy Speaker. The Minister has said repeatedly in the debate that net migration was higher under Labour, but is that correct, given that we know that net migration now is 16,000 higher than when the coalition Government came to power?

[Madam Deputy Speaker (Dame Dawn Primarolo)]

That is not a point of order for me; it is a point of debate. I am sure that that debate will continue, although not now, because we are returning to the discussion on the private Member’s Bill.