Domestic Abuse Bill Debate

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Department: Ministry of Justice
Wednesday 2nd October 2019

(4 years, 10 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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On the hon. Gentleman’s last point, the business managers will have heard him loud and clear. I am keen to ensure that the Bill maintains its focus on domestic abuse. I do not pretend that we can somehow hermetically seal the issue off from other aspects of criminal behaviour and abuse, such as stalking, but I think that the best place for stalking legislation would be in a discrete piece of work. I draw his attention to the work that we did in England and Wales. I was part of the all-party parliamentary group on stalking and harassment, which campaigned and worked at pace to get stalking criminalised in England and Wales. I will give him encouragement, but I really want to ensure that this Bill is focused.

Stella Creasy Portrait Stella Creasy (Walthamstow) (Lab/Co-op)
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I have just returned from the Council of Europe, where members across parties, especially in the Socialist Group, expressed horror that it has taken seven years and counting for the UK to ratify the Istanbul convention. One of the critical points in ratifying the convention is the treatment of women in Northern Ireland and the fact that they do not have the protections that the Secretary of State has just suggested should not be in the Bill. The Government gave a pledge and told the Council of Europe that the Bill was about ratifying the Istanbul convention, and there is a motion of recommendation about the convention in the UK right now at the Council of Europe. Can he give an assurance that he will not leave the women of Northern Ireland out of the Istanbul convention, let alone the migrant women in this country who also need us to put the legislation together?

Robert Buckland Portrait Robert Buckland
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The hon. Lady makes an important point about the Istanbul convention, and of course we passed domestic legislation about that. I want to make sure that every aspect of the convention is underpinned in domestic law throughout the length and breadth of the United Kingdom. I am simply saying, as a legislator and someone who wants to make sure that we get the Bill in the best possible position, that we need to make sure we get the issues in the right vehicle. If it is the will of the House that the Bill is the right vehicle, that will of course be respected, but I think I am entitled to make that point about what I regard as the real focus of the Bill. I speak as someone who has actively and enthusiastically supported the criminalisation of stalking— as has she—for many years.

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Carolyn Harris Portrait Carolyn Harris
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Without question, the victim is central and we need to look closely at that.

We also need to see changes in relation to migrant women and the economic abuse that they experience due to having no recourse to public funds—a situation that often leaves them in violent and dangerous relationships, as they simply cannot afford to leave. The Bill must change the legislation to ensure that all migrant victims are eligible to apply for indefinite leave to remain irrespective of the visa that they are residing here on. The law must allow them to apply immediately for access to public funds under the destitute domestic violence concession and permit up to six months for their application for indefinite leave to remain to be submitted under the domestic violence rule.

Stella Creasy Portrait Stella Creasy
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My hon. Friend is making an incredibly important point. Is it not also worth putting on record that, if we wish to ratify the Istanbul convention, we have to make sure that this legislation covers the rights of migrant women, as well as the rights of women in Northern Ireland, and has a gendered definition of domestic violence? Without those, we will not be able to say that we have ratified and, after seven years, I know that the Council of Europe will want to know why we have not.

Carolyn Harris Portrait Carolyn Harris
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That was a very powerful point from a well-known champion on such issues who has now taken the opportunity to put those sentiments on record.