Draft Domestic Abuse Bill: Territorial Extent

Stella Creasy Excerpts

Wednesday 30th January 2019 Commons Chamber

[Stella Creasy (Walthamstow) (Lab/Co-op)]

(Urgent Question): To ask the Home Secretary to make a statement on the territorial extent of the draft Domestic Abuse Bill and the consequences of this for victims of violence across the UK.

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

The landmark draft Domestic Abuse Bill, which we published last week, will help to transform the response to these horrific crimes. It is aimed at supporting victims and their families and pursuing offenders, to stop the cycle of violence. The Bill will cement a statutory definition of domestic abuse that extends beyond violence to include emotional, psychological and economic abuse. The Bill does not create new criminal offences in relation to domestic abuse, because those offences are already settled law—for example, section 18 grievous bodily harm, coercive and controlling behaviour and even, in the saddest of cases, murder—and are all devolved.

In line with existing criminal law, the provisions of the draft Bill extend to England and Wales only. Contrary to the suggestion in the hon. Lady’s question, there has been no change in the territorial application of the Bill compared with the proposals in the Government’s consultation published last spring. That was made clear in the consultation paper and reflects the fact that the subject matter of the draft Bill is devolved in Scotland and Northern Ireland.

We are currently in discussion with the Scottish Government and Northern Ireland Department of Justice about whether they wish to extend any of the Bill’s provisions to Scotland and Northern Ireland respectively. We are seeking to establish a Joint Committee of both Houses as soon as practicable to undertake pre-legislative scrutiny of the draft Bill, and I encourage the hon. Lady and all Members to contribute to that process.

[Stella Creasy]

Domestic abuse affects communities in every nation in the UK, yet last week, after two and a half years of waiting, the Government published a draft Bill that restricts action to only England and Wales. I am asking this question not to debate the nature of devolution, but to ask why this Bill has been restricted when what was promised from the outset was very different.

The original consultation recognised that

“Insecure immigration status may also impact on a victim’s decision to seek help.”

We know that migrant women are much less likely to seek help because they fear deportation. Some may point to other immigration legislation going through this place, but that does not include anything on this issue either. This Bill would have been the vehicle for helping those victims, as immigration is not a devolved matter.

The then Home Secretary, who is now the Secretary of State for Work and Pensions, has rightly recognised that financial destitution can hold women in abusive relationships. This Bill contains much to be welcomed regarding action in the courts and an independent commissioner, but because it is restricted, it does not address critical areas of policy. Why, after two and a half years, would the Government do this?

The Sunday Times provided the answer this weekend, with confirmation that the Bill had been vetted by the Cabinet Office and that the Government feared making the Bill UK-wide because of the Democratic Unionist party. Why? Because this Bill is also about implementing the convention on violence against women—a convention the United Nations has said that we are breaching right now, because citizens in Northern Ireland are denied the right to choose not to continue an unwanted pregnancy.

Today, a brave young woman aged just 28, Sarah Ewart, is taking our Government to court to vindicate her human rights. She suffered a fatal foetal abnormality but, as a resident of Northern Ireland, was denied the right to an abortion at home, so she had to travel to England, as 28 women a week currently do. Last June, the Supreme Court told the Government that this situation breached the rights of UK women, but because of a technicality, it could not compel them to act.

This Bill from the outset could have been the remedy, but this weekend’s revelations show that the Government have drafted the Bill with a mind not to the victims of domestic violence but to their partners in the coalition. The Bill talks about domestic abuse protection orders, which are supposed to have effect across the whole of the UK, yet there is no clarity, given the restricted scope, on how the Government intend to compel Scotland or Northern Ireland to act on them. Given that the original consultation talked of working with the Northern Ireland Executive, these problems are clearly of the Government’s own making and a direct response to the call for equal rights for the women of Northern Ireland.

Given this mess, can the Minister confirm at which of the DUP co-ordination committees this decision was taken? It is not minuted in the notes of those meetings from July 2017 to Christmas 2018. The power to veto legislation affecting all of the UK is not in the confidence and supply agreement, which I note was updated on 19 December, so can the Minister explain how the decision to restrict the Bill for this purpose was made? What implications does it have for the role of the Secretary of State for Northern Ireland, who has direct responsibility for upholding the human rights of the people of Northern Ireland? Can the Minister explain why migrant women and those on low incomes in abusive relationships should pay such a price?

Can the Minister stop hiding behind devolution and say sorry to Sarah Ewart for making her relive the trauma of what happened to her, just because the Government need the 10 votes of the DUP to stay in power? We saw that last night, and I have no doubt that we will see it again, but this Bill shows the human consequences for women across the UK of the confidence and supply arrangement.

I know that Members across the House want to see action on domestic violence, and these restrictions will trouble women only our in constituencies but across the whole UK. Given that this is a draft Bill, will the Minister commit to going back to the drawing board and coming up with a Bill that helps to protect every victim across the UK? I ask the Minister to fight us fair and square on abortion rights in this place, not through backroom deals and bargaining. Otherwise, it will take a rape victim having to come to court to make the Government do the right thing and not block this change. Put DV, not the DUP, first.

[Victoria Atkins]

Home should be a place of safety and love, and yet for 2 million people in this country a year, that is not the case. That is why we are introducing this unprecedented Bill, to try to help the victims of domestic abuse.

The hon. Lady rightly highlighted the fact that the Bill applies only to England and Wales at the moment. I set out the reason for that in my initial statement: the raft of offences that would support prosecutions of domestic abuse, including section 18 GBH and coercive and controlling behaviour, are devolved.

We have not rested on our laurels. I have written to the Scottish Government and the Northern Ireland Department of Justice to ask whether they will replicate this legislation in their own territories. I am delighted to say that the Scottish Government are looking at their own measures. I am sure that Scottish National party Members will have their own thoughts on devolved matters and the UK Parliament respecting that.

I must bring the hon. Lady back to the central subject of the Bill. This is about tackling domestic abuse, which I know she and many Members across the House feel strongly about. We must focus on the Bill. Let us not throw taunts across the Floor of the House. Let us work together to ensure that the Bill is in a good state when it is introduced formally. She asked about scrutiny of the Bill. We have said from the very beginning that this is a draft piece of legislation that will be scrutinised by a Joint Committee of both Houses. We anticipate that taking about 12 weeks, and once the Committee has produced its recommendations, we will look at those carefully before introducing the Bill.

Whatever the hon. Lady may have read on Sunday, I urge her not to believe everything she reads in the papers. We have to remember the people whom we are trying to help through the Bill. I have been delighted at the cross-party consensus on the Bill. Let us work together to stop this cycle of violence and help the victims of domestic abuse.