Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill Debate
Full Debate: Read Full DebateJohn Bercow
Main Page: John Bercow (Speaker - Buckingham)Department Debates - View all John Bercow's debates with the Home Office
(9Ā years, 7Ā months ago)
Commons ChamberI beg to move, That the clause be read a Second time.
Mr Speaker
With this it will be convenient to discuss the following:
New clause 10āRecommendations by GREVIO and the Committee of the Parties (No. 2)ā
āAny recommendations or reports by GREVIO (that is the Council of Europeās Group of Experts on Action against Violence against Women and Domestic Violence) or the Committee of the Parties (that is the Committee of the Parties to the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)) must be debated in Parliament before any Government response is given.ā
New clause 11āAnnual statisticsā
āThe Government must use its best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims in each country who are ratified members of the Convention and to make them publicly available and published annually.ā
New clause 12āQuarterly statisticsā
āThe Government must use its best endeavours to obtain statistics on the levels of violence against men, women and all domestic violence victims who are ratified members of the Convention and to make them publicly available and published quarterly.ā
New clause 14āLimitation on reservations concerning Article 44ā
āThe United Kingdom shall not make its ratification subject to any declaration as provided for under paragraph 2 of Article 78 of the Convention that it will not establish jurisdiction under Article 44 when the offence established with the Convention is committed by a person who has her or his habitual residence in the United Kingdom.ā
New clause 15āTerritorial applicationā
āThe United Kingdom shall not make its ratification subject to any restriction on territorial application under Article 77 of the Convention.ā
New clause 16āVictims of forced marriageā
āThe United Kingdom shall not make its ratification subject to any restriction on its right to take the necessary legislation or other measures referred to in Article 59.4.ā
New clause 17āCompensation awarded to those who have sustained serious bodily injury or impairment of healthā
āNo ratification of the Convention shall be made by the United Kingdom unless at the time of depositing its instrument of ratification it declares that it reserves the right not to apply the provisions of Article 30 paragraph 2.ā
New clause 18āLimitation on reservations concerning psychological violence and stalkingā
āThe United Kingdom shall not make its ratification subject to any declaration as provided for under paragraph 3 of Article 78 that it reserves the right to provide for non-criminal sanctions for the behaviours referred to in Article 33 and Article 34.ā
New clause 19āReservationsā
āNothing in this Bill shall prevent the United Kingdom ratifying the Istanbul Convention with reservations as provided for in paragraphs 2 and 3 of Article 78.ā
New clause 20āRequirement to denounce of the Convention after five yearsā
āThe United Kingdom Government shall denounce the Istanbul Convention no later than five years after it has ratified the Convention.ā
Government amendment 1, leave out clause 1.
This amendment leaves out clause 1.
Amendment 56, in clause 1,Ā pageĀ 1,Ā lineĀ 6, at end insertā
āwithout making any reservations under Article 78 of the Convention.ā
Amendment 57, in clause 2,Ā pageĀ 1,Ā lineĀ 11, after āConventionā insert āwithout reservationsā.
Government amendment 2,Ā pageĀ 1,Ā lineĀ 12, leave out ādate byā and insert ātimescale withinā.
This amendment requires the Secretary of State to report on the timescale within which she expects the Istanbul Convention to be ratified, rather than the date.
Amendment 58,Ā pageĀ 1,Ā lineĀ 13, at end insert āwithout reservations.ā
Amendment 24,Ā pageĀ 1,Ā lineĀ 14, leave out from ālaidā to end of the subsection and insert āwhen reasonably practicableā.
Government amendment 3,Ā pageĀ 1,Ā lineĀ 14, leave out
āwithin four weeks of this Act receiving Royal Assentā
and insert
āas soon as reasonably practicable after this Act comes into forceā.
This amendment changes the deadline for a report under clause 2 from four weeks from Royal Assent to as soon as reasonably practicable after commencement.
Amendment 22,Ā pageĀ 1,Ā lineĀ 14, leave out āfour weeksā and insert āthree yearsā.
Government amendment 4,Ā pageĀ 1,Ā lineĀ 16, leave out āHer Majestyās Governmentā and insert āthe Secretary of Stateā.
This amendment means the obligation to make a statement to Parliament will fall on the Secretary of State, rather than Her Majestyās Government generally.
Amendment 59,Ā pageĀ 1,Ā lineĀ 17, after āConventionā insert āwithout reservationsā.
Government amendment 5,Ā pageĀ 1,Ā lineĀ 17, leave out āitā and insert āthe Secretary of Stateā.
This amendment is consequential on amendment 4.
Government amendment 6,Ā pageĀ 1,Ā lineĀ 19, leave out āitsā and insert ātheā.
This amendment is consequential on amendment 4.
Government amendment 7,Ā pageĀ 1,Ā lineĀ 20, leave out āthe Convention will beā and insertā
āthe Secretary of State would expect the Convention to beā.
This amendment means the Secretary of State will be required to make a statement detailing when she would expect the Istanbul Convention to be ratified, rather than when it will be so ratified.
Amendment 25, in clause 3,Ā pageĀ 2,Ā lineĀ 2, leave out āeach yearā and insert ābienniallyā.
Government amendment 8,Ā pageĀ 2,Ā lineĀ 2, after āeach yearā insert āuntil ratificationā.
This amendment makes clear that the government will only have to report on progress towards ratification until ratification has taken place (see amendment 14).
Government amendment 9,Ā pageĀ 2,Ā lineĀ 4, leave out paragraph (a) and insertā
ā(a) if a report has been laid under section 2(1), any alteration in the timescale specified in that report in accordance with subsection (1)(b) and the reasons for its alteration;ā.
This amendment is designed to avoid the implication that a report under clause 2 will necessarily have been issued before a report is required under clause 3.
Amendment 26,Ā pageĀ 2,Ā lineĀ 4, leave out paragraph (a).
Amendment 27,Ā pageĀ 2,Ā lineĀ 7, leave out paragraph (b).
Government amendment 10,Ā pageĀ 2,Ā lineĀ 7, leave out ā(before ratification)ā.
This amendment is consequential on amendment 8.
Amendment 28,Ā pageĀ 2,Ā lineĀ 10, leave out paragraph (c).
Government amendment 11,Ā pageĀ 2,Ā lineĀ 10, leave out ā(before ratification)ā.
This amendment is consequential on amendment 8.
Government amendment 12,Ā pageĀ 2,Ā lineĀ 11, leave out ātoā and insert āinā.
This amendment changes a reference to legislative proposals being brought forward ātoā the devolved legislatures to legislative proposals being brought forward āinā the devolved legislatures - which is the usual formulation.
Amendment 29,Ā pageĀ 2,Ā lineĀ 14, leave out paragraph (d).
Government amendment 13,Ā pageĀ 2,Ā lineĀ 14, leave out ā(before ratification)ā.
This amendment is consequential on amendment 8.
Government amendment 14,Ā pageĀ 2,Ā lineĀ 16, leave out paragraph (e).
This amendment removes the ongoing reporting obligation in clause 3(1)(e).
Amendment 49,Ā pageĀ 2,Ā lineĀ 25, at end insertā
āand produce a breakdown of government spending on victims of violence and domestic violence for both men and women.ā
Amendment 50,Ā pageĀ 2,Ā lineĀ 27, after āviolenceā insertā
āand provide statistics showing international comparison on levels of violence against women and menā.
Amendment 51,Ā pageĀ 2,Ā lineĀ 31, at end insertā
āand to include the names of these organisationsā.
Amendment 60,Ā pageĀ 2,Ā lineĀ 31, at end insertā
ā(f) the costs to the Exchequer of the measures set out in subsection (1)(e).ā
Amendment 52,Ā pageĀ 2,Ā lineĀ 32, leave out āannualā and insert ābiennialā.
Amendment 53,Ā pageĀ 2,Ā lineĀ 32, leave out ā1 November 2017ā and insert ā1 January 2020ā.
Amendment 54,Ā pageĀ 2,Ā lineĀ 33, leave out ā1 November each yearā and insertā
ā1 January every 2 yearsā.
Amendment 55,Ā in clause 4, pageĀ 2,Ā lineĀ 37, leave out from āActā to end of subsection and insertā
āwill not come into force until 90% of the signatories to the Convention have ratified it and there has been a proven reduction in violence against women in 75% of the countries who have ratified the Convention.ā
Government amendment 15,Ā pageĀ 2,Ā lineĀ 37, leave out
āon the day on which this Act receives Royal Assentā
and insertā
āat the end of the period of 2 months beginning with the day on which this Act is passedā.
This amendment means the Act will be brought into force two months following Royal Assent, rather than immediately on Royal Assent.
Government amendment 16, in title,Ā lineĀ 1, leave out
āRequire the United Kingdom to ratifyā
and insertā
āMake provision in connection with the ratification by the United Kingdom ofā.
This amendment is consequential on amendment 7.
Government amendment 17,Ā in title, lineĀ 3, leave out ā; and for connected purposesā.
This amendment is consequential on amendment 16.
On a point of order, Mr Speaker. I do not wish to try your patience, but could you advise the House about the status of explanatory statements associated with amendments, and particularly Government amendments? The Memberās explanatory statement to amendment 4 on page 8 of the amendment paper says:
āThis amendment means the obligation to make a statement to Parliament will fall on the Secretary of State, rather than Her Majestyās Government generally.ā
In fact, the amendment goes much further, because it would change the Governmentās role in ratification and substitute the Secretary of State for the Government, so the explanatory statement is not a full and accurate statement of the effect of the amendment.
Mr Speaker
What I would say to the hon. Gentleman in response to that further point of order is that I am not responsible for the content of Government explanatory statements.
Mr Speaker
Well, the Government Whip says from a sedentary position, āShame.ā I have a sufficient burden, which I am very happy to seek to discharge to the best of my ability, but responsibility for Government explanatory statements is not part of that burden. Moreoverāif I can bring a glint to the eye and a spring to the step of the hon. Member for Christchurch (Mr Chope)āit might be my observation that he, too, is not responsible for the content of Government explanatory statements. They are intended to try to help the House and to facilitate debate, but they enjoy no formal status whatever, so I do not think the hon. Gentleman should be troubled by the matter, although it may be something on which he will wish to expatiate at a later stage. We shall see.
Mr Speaker
Well, we shall see.
We begin with new clause 6āand I hope we can now begin with new clause 6āwith which it will be convenient to consider the new clauses and amendments listed on the selection paper.
I want to speak to new clause 6 and the other new clauses and amendments that stand in my name and that of my hon. Friend the Member for Bury North (Mr Nuttall). We have quite a large group of amendments and new clauses to go through this morning. There are 11 new clausesāseven tabled by me, and four by my hon. Friend the Member for Christchurch (Mr Chope). On top of those, we have 36 amendments, most of which have actually been tabled by the Government, in cahoots, it is fair to say, with the Scottish National party and the promoter of the Bill. I will come to their amendments in a bit, because they seem to be trying to con the campaigners behind the Bill by pretending to support the Istanbul convention, at the same time as filleting the Bill to make sure it does not come into effect at allābut more of that later.
I have tabled 14 amendments, and my hon. Friend for Christchurch has tabled five, so we have 47 new clauses and amendments to consider this morning. I will try to do justice to them, and I will try to do that as quickly as I can, because I appreciate that other people will want to speak to them. However, a quick bit of arithmetic will tell hon. Members that if I spend only two minutes on each new clause and amendment, we will soon rattle past an hour and a half, so it is going to take some time to go through such a large group.
Mike Weir (Angus) (SNP)
On a point of order, Mr Speaker. I beg to move that the Question be now put.
Mr Speaker
There is not a Question before us to be put, because new clause 6 has been withdrawn, and therefore the correct procedure now is for me to move on to Government amendment 1.
Clause 1
Ratification of the Istanbul Convention on violence against women
Amendment proposed: 1,Ā pageĀ 1,Ā lineĀ 1, leave out clause 1.ā(Sarah Newton.)
This amendment leaves out clause 1.
Question put, That the amendment be made.