Nationality and Borders Bill

Baroness May of Maidenhead Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

[Dame Diana Johnson]

I rise to speak to new clause 3, which would put into law a specific offence for trafficking for the purposes of sexual exploitation. We know that serious organised crime networks are deeply involved in this trade in human misery. I thank Kat Banyard at UK Feminista and Tom Farr at CEASE—the Centre to End All Sexual Exploitation—UK, who have helped to draft new clause 3, and the Humber Modern Slavery Partnership at the Wilberforce Institute in Hull for all its help.

Although the Modern Slavery Act 2015 covers exploitation broadly, the catastrophically high number of women and girls trafficked into the UK for the sex industry means that it merits a specific offence. The latest figures from the national referral mechanism show that 60% of women and girls who were identified as potential victims in the past year were trafficked for purposes including sexual exploitation. In 2020, 94 women and 624 girls were trafficked and sexually exploited. These women need specific and targeted protection.

New clause 3 would ensure that the link between human trafficking and sexual exploitation is acknowledged. It would aid efforts to combat the scourge of human trafficking and broader violence against women and girls by providing a framework that would ensure that the authorities respond to individuals who may have been previously viewed as criminals as though they are, in fact, victims of sexual exploitation.

I also want to speak to amendments 5 to 7, which focus on stopping late disclosure affecting credibility and providing guidance to help the relevant authorities to identify victims. Andrew Smith of the Humber Modern Slavery Partnership, an experienced practitioner, told me:

“We know there are various reasons why we might see late disclosure by victims of sexual exploitation and trafficking. Victims may not identify as victims first and foremost, it can be only when a person is removed from the exploitative environment that they understand they were in fact being abused and exploited.”

And yet, the Bill proposes a time limit on disclosure.

The Modern Slavery Policy Unit, co-led by Justice and Care UK and the Centre for Social Justice, stated:

“Presuming late disclosure of modern slavery damages credibility will create barriers to effective identification and engagement with victims.”

The Bill, as it stands, will make identifying and assisting victims of human trafficking more difficult.

Amendment 5 would stop late disclosure affecting the credibility of a claim of being trafficked for the purpose of sexual exploitation. The Home Office’s modern slavery statutory guidance states:

“Victims’ early accounts may be affected by the impact of trauma. This can result in delayed disclosure, difficulty recalling facts, or symptoms of post-traumatic stress disorder. Victims may also be reluctant to self-identify for a number of other reasons that can make understanding their experiences challenging.”

This amendment acknowledges Home Office guidance by ensuring that late disclosure does not damage credibility.

Amendment 6 sets out how a person who makes a late disclosure might be better identified by any relevant authority.

[Mrs Theresa May (Maidenhead) (Con)]

I am very interested in what the right hon. Lady is saying. If we are to stop modern slavery, we must ensure that we catch the perpetrators, which requires victims to be able to come forward with evidence. She is outlining certain elements of the Bill that she fears will restrict victims’ ability to come forward, and I am concerned that the public order disqualification threshold and the time period on slavery and trafficking information notices will also have that effect. Does she share my concerns about those aspects and hope that the Minister will address them specifically today?

[Dame Diana Johnson]

I thank the right hon. Lady for that intervention and pay tribute to her for, as Home Secretary, bringing in the Modern Slavery Act. I sat on the Bill Committee for that Act and I remember well the debates that we had. She should be very proud of her work on this issue, and I absolutely agree with her comments on what the Bill will lead to.

To return to amendment 6, I want to make it clear that putting these guiding factors in the Bill would provide a deeper understanding for the authorities of what they should be aware of and how to identify victims.

Amendment 7 would require the Secretary of State to issue guidance on the specific factors that may indicate that somebody is a victim of human trafficking for the purposes of sexual exploitation. That would provide a framework for the relevant authorities to refer to when trying to discern the type of exploitation that has taken place.

The Under-Secretary of State for the Home Department, the hon. Member for Corby (Tom Pursglove), argued against these amendments in the Bill Committee, stating that the Government did not want to create a “two-tiered system” based on the exploitation that a victim had faced. I think that is simply wrong. Acknowledging the distinct features of trafficking for the purposes of sexual exploitation, as opposed to, for example, forced labour, would improve the authorities’ response and the ability to prosecute and find the perpetrators. Recognising and identifying difference would not create a hierarchy; rather, it would make the system more effective and accurate. The Minister also stated that delineating between trafficking for sexual exploitation and trafficking for other purposes would motivate individuals to put forward falsified referrals. However, all the evidence shows that victims of trafficking for sexual exploitation need more encouragement to come forward, not less.

Finally, I want to speak in support of new clause 47 and the supporting amendment 149, which was tabled by the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith). He has worked assiduously on protections for victims of human trafficking and modern slavery for many years. The new clause would provide all victims who receive a conclusive grounds decision with 12 months’ leave to remain to either recover, claim compensation or assist the police. The Government need to do more to protect people who have suffered from these horrendous crimes.

Violence Against Women and Girls: Police Response

Baroness May of Maidenhead Excerpts

Wednesday 22nd September 2021 Commons Chamber

[Mrs Theresa May (Maidenhead) (Con)]

I welcome my hon. Friend to her role at the Home Office, a great Department of State. She is going to be doing important work there, and I wish her well.

We can succeed in ensuring that we have no violence against women and girls only if we change attitudes, as referred to by the right hon. and learned Member for Camberwell and Peckham (Ms Harman), including the attitude that women “just ask for it”. One of the issues in the report is a lack of consistency across and between forces in their treatment of crimes of violence against women and girls. The College of Policing plays an essential role in developing and spreading best practice, so will my hon. Friend ensure that particular attention is paid to recommendations 4.3 and 4.4, to ensure that best practice is adopted by all forces up and down the country?

[Rachel Maclean]

It is a real privilege to be questioned by my right hon. Friend on this issue. She has been instrumental throughout the years in initiating the important work I am now talking about. She is absolutely right to highlight the fact that when women go to the authorities to seek help, they need to be listened to and they need to be supported adequately. That is a key part of the work we set out in the violence against women and girls strategy. We will be making sure that that takes place.

Nationality and Borders Bill

Baroness May of Maidenhead Excerpts

2nd reading
Monday 19th July 2021 Commons Chamber

[Priti Patel]

Perhaps the hon. Gentleman would like to either intervene or listen.

The British people have repeatedly voted to take back control of our borders, something that the Labour party has repeatedly voted against and complained about. The British people finally have a Government who are listening to them, because our priorities are the people’s priorities. For the first time in decades, we will determine who comes in and out of our country. Our plans will increase the fairness of our system.

[Mrs Theresa May (Maidenhead) (Con)]

I hope my right hon. Friend will forgive me if I intervene in this way, but she is giving the impression that no Conservative Government since 2010 have tried to address these issues. Can I assure her, on the basis of six years in the Home Office, that they have been addressed? I will refer in my speech to the fact that Governments constantly have to look at these issues relating to immigration, rather than thinking that one piece of legislation will deal with the problem forever.

[Priti Patel]

I thank my right hon. Friend for making that point, which the Labour party should also recognise. A little earlier, the hon. Member for Hove (Peter Kyle) said, “In 11 years, what have you done?” As my right hon. Friend has just pointed out, cumulative efforts have been made—[Interruption.] Perhaps the hon. Member for Cardiff North (Anna McMorrin) would like to listen as well. It is important to note that over the years —my right hon. Friend is right, and in fact I am going to refer to a piece of legislation with which she will be familiar—change did come in, but unfortunately, for a range of reasons, the system is now being abused and gamed.

--- Later in debate ---

[Nick Thomas-Symonds]

If the hon. Member wants to hear about statistics, try these: the share of applications that received an initial decision within six months fell from 87% in 2014 to 20% in 2019. That is the scale of the failure of this Government. At the end of March 2021, over 66,000 were waiting for an outcome on their initial claim. Seventy-five per cent. of them—over 50,000—have been waiting over six months. New research from the Refugee Council shows that, according to the most recent data available, over 33,000 people have been waiting for over a year. I have been intervened on about the last Labour Government, but that represents a tenfold increase in the past decade—tenfold. It is failure heaped upon failure, and not only that: the initial decision making is so poorly judged that around 40% of initial decisions are overturned: so four in every 10 decisions are wrong. Yes, this process is broken and, frankly, it is getting even worse.

[Mrs May]

I note the right hon. Gentleman has made the point about initial decisions. Does he not recognise that one of the problems has been the ability for people to bring extra evidence after that decision has been made, so that the court is often looking at a case that is different from the one on which the initial decision was made?

[Nick Thomas-Symonds]

I will come to that point in a moment because I have deep concerns about that. The right hon. Lady passed, as has already been pointed out, the legislation on modern slavery, but it is also the case that victims often feel too traumatised to talk about their experience at an early stage, so this idea of giving such minimal weight to later evidence I find very concerning, particularly in the modern slavery context. I will come back to that in a moment because I know it is a matter of concern on the Conservative Benches as well as on these.

[Mrs May]

I do apologise to the right hon. Gentleman and he is very gracious in giving way, but can I just say to him that that comment about modern slavery—and he will hear that I have some concerns about the modern slavery aspects of this Bill—did not respond to the intervention that I made?

[Nick Thomas-Symonds]

With great respect to the right hon. Lady, she was making the point about late filing of evidence, and I was making the point in response—I will come on to it in a moment, and I am quite happy to give way to her again when I do—that the way this Bill is framed, in terms of the direction to give very little weight to late evidence, is very concerning with respect to victims who are unable to talk about their trauma at an early stage in the proceedings. I will come back to that and I will be very happy to give way to her again when I do.

On asylum accommodation, the idea of sending people to offshore processing sites is dehumanising and unconscionable. As the UN Refugee Agency puts it,

“The UK should abandon plans to ‘externalise’ its refugee commitments, which would see it shift responsibility for protecting refugees on to states with less capacity and more refugees.”

Frankly, it is an attempt to distract from Government failure on the housing of those seeking asylum.

--- Later in debate ---

[Mrs Theresa May (Maidenhead) (Con)]

Thank you, Madam Deputy Speaker. I will try to get in as many points as I can in those four minutes. I thank the Home Secretary for holding prior discussions with me on the Bill and the Government’s approach. The Government are right to try to find a better way to differentiate between economic migrants and refugees. This is an international challenge: as I said to the United Nations in 2016, we need to revise international conventions on this issue, so that we can more clearly focus our help on those who are refugees. As we saw in 2015 with the significant movement of people into the European continent, many of whom were trying to get through to the UK, they were widely portrayed as all being refugees, but in fact the majority of them were economic migrants. We must find a way to differentiate between them.

[Jacob Young (Redcar) (Con)]

Does my right hon. Friend agree that the most compassionate thing we can do to help these people, is stop them getting in the boat in the first place?

[Mrs May]

I absolutely agree with my hon. Friend. That is why the work being done—I shall refer to this later—to increase the economic development of the countries that people are coming from, and to deal with the criminal gangs, is so important.

I have set out three principles, which I am pleased to say underpin the Bill. First, we must help to ensure that refugees claim asylum in the first safe country they reach. The current trend, where refugees reach a safe country and then press on with their journey, can only benefit criminal gangs and expose refugees to grave danger. The refugee convention does not state that refugees must claim asylum in the first safe country they come to. We were able to exercise that rule in the Dublin regulation as part of the European Union. Obviously that is not applicable to us now, and indeed the EU has since changed the Dublin regulation.

Secondly, we need to improve how we distinguish between refugees fleeing persecution and economic migrants, which will help to target support on those refugees who need it most, as well as encouraging people to support such a measure if they see that the people who are coming are genuinely refugees. Thirdly, we need a better approach to managing economic migration, which recognises that all countries have the right to control their borders. We must all commit to accepting the return of our own nationals when they have no right to remain elsewhere.

Sadly, as the Home Secretary said, the business of people trafficking has increased in recent years. To the criminal gangs, it does not matter whether they deal in drugs, weapons or desperate people—it is all the same; they want to make money. Breaking their business model is essential. That means stopping the routes available to them, but it also means catching and prosecuting them. That requires international co-operation. We have been very strong on international co-operation, and we must encourage more countries around the world to see this as an issue on which they should be working with us, and others.

I recognise that the Bill focuses on differentiating between those who came here legally and illegally, and I understand why the Government have gone down that route, but that in itself does not address the issue of better differentiating between refugees and economic migrants. I hope that the Government will give some thought to how they can work internationally to try to deal with that.

The concept that Britain could process asylum claims outside the UK came up when I was Home Secretary, and there was a lot of discussion on it in the European Union, but we did not go down that route because of practical concerns. It would not automatically remove the criminal gangs’ business model, because they would get people to the centre and still take those rejected by the centre and move them on across the Mediterranean, so there could be an increase in people being picked up and taken into slavery. There is also the problem of what we do with those people who are rejected for asylum but cannot be returned to their country of origin. The concept of allowing asylum to be granted outside the UK is also a major step, and it would have ramifications for any Royal Navy or Border Force vessel operating humanitarian missions in the Mediterranean, for example.

On seeking protection but entering illegally without a valid entry clearance becoming a new criminal offence, we must not send the message that somebody genuinely fleeing persecution whose only route out of that persecution is to the UK will automatically be seen as a criminal. I also echo the comments made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith).

[Yvette Cooper]

Does the right hon. Lady agree that part of the concern is about ensuring that the modern slavery provisions do not end up being drawn too tightly?

[Mrs May]

I am grateful to the right hon. Lady for her intervention, because I am coming on to that point. I am sure that across the House we are sickened to know that some are abusing our world-leading modern slavery legislation in trafficking people into this country. We need to deal with the problem, but I have two concerns with the Bill. The first is about timing and the issue that the Secretary of State can require information to be provided within a specified period. It takes time for many victims of modern slavery to identify as a victim, let alone be able to put forward the evidence to establish that. I would like reassurance about how that power will be exercised.

Secondly, I would like an explanation about the change from needing reasonable grounds that a person may be a victim of modern slavery to reasonable grounds that a person is a victim of modern slavery. I know we need to toughen up to ensure that the law is not being abused, but again this relates to the degree of information that an individual may be able to provide at an early stage in consideration of their case.

I understand the complexity of the issues with which the Government are dealing in this area of policy. There always seems to be a need for a new immigration Bill because people are always trying to find loopholes that they can use to get here, so we must have legislation that not only strengthens the Government’s ability to deal with illegal immigration but continues to show that the UK is a country that welcomes those who are genuinely fleeing from persecution.

Daniel Morgan Independent Panel Report

Baroness May of Maidenhead Excerpts

Tuesday 15th June 2021 Commons Chamber

[Priti Patel]

Let me begin my remarks in response to the right hon. Gentleman by extending my continued sympathy to Daniel Morgan’s family at what is a difficult time and by really paying tribute to their own tenacity in seeking answers to their questions about Daniel’s tragic murder.

The right hon. Gentleman raises a number of valid points regarding police conduct and the report, in terms of the time that it has taken and the whole issue of duty of candour. He speaks about this point, around public servants, in particular, giving evidence in hearings, investigations and public inquiries, very much in terms of the honesty and the approach that they take to bring justice to families, in particular. On that point, it is important to recognise—the right hon. Gentleman has spoken about this in relation to the potential covid inquiry that has been announced—that work is taking place across Government on how those wider issues will be addressed, but, at the same time, there is absolutely no justification for delay. Eight years it has taken for this report—far too long—and there will be many reasons, but importantly, lessons have to be learned from that.

In response to the right hon. Gentleman’s specific points about policing, the Metropolitan police and the report, I have today written to the commissioner to seek her response to the findings of the actual report. Alongside that, I will maintain that I will return to the House. At this stage, I cannot tell him when that will be, but I will endeavour, post the discussions this afternoon—I have also mentioned the inspectorate and having a review, effectively—to bring the updates to this House so that he and all Members of this House are kept fully informed of the next stages and our collective response to the recommendations that the panel have made.

[Mrs Theresa May (Maidenhead) (Con)]

Like, I am sure, all Members of the House, my thoughts are with Daniel Morgan’s family today.

At the heart of this damning, thorough report is yet another example of an organ of the state, the job of which was to protect the public, having prioritised the reputation of the institution over the delivery of justice. Does my right hon. Friend agree that the vast majority of police officers act with integrity and an overriding sense of public duty, but that where corruption does occur it must be rooted out with vigour, unlike what happened throughout this episode and the investigation to find the killer of Daniel Morgan? As the independent panel has said, every corrupt activity must be identified and dealt with on every occasion.

[Priti Patel]

I thank my right hon. Friend for her comments and her tribute to Daniel Morgan. I also pay tribute to her for her work with regard to policing and corruption in policing. I agree wholeheartedly that the majority of our frontline police officers are incredible public servants—they honour and respect their roles and absolutely serve the frontline with care and professionalism—but she is right to highlight and make the case strongly that where there is corruption there can be no hiding, institutionally or in respect of inquiries, panels or anything of that nature. It has to be right that as I have outlined this afternoon, our role, collectively as a Government and as the Home Office, is not just to follow up but to get the answers that are required and ensure that police conduct is held to account so that we can bring an end to the corruption of policing in the way we have seen.

Domestic Abuse Bill

Baroness May of Maidenhead Excerpts

Consideration of Lords amendments
Thursday 15th April 2021 Commons Chamber

Their Lordships and the Baronesses have been incredibly thoughtful, thorough and detailed in their amendments. We should listen, because I promise hon. Members that eventually, for every single one of these amendments, a terrible case will come along that proves that we should have acted. It will not take long; they come every three days. Let us try to make that happen less.

[Mrs Theresa May (Maidenhead) (Con)]

If I may crave your indulgence, Madam Deputy Speaker, I wish, as the Minister did, to take the opportunity in this Chamber to pay my tribute to our late right hon. Friend, Cheryl Gillan. Cheryl was an incredible person. She was a fierce defender of her constituents and proudly put forward their interests, but she was also a great friend to MPs across this House. As the Minister and the shadow Minister recognised, she was particularly a friend to women in this Chamber. Quite simply, with the passing of Cheryl Gillan, this House has lost one of the best of its Members.

Before I comment on the amendments, I want to say a huge thank you to all those who have been involved in this Bill from the very inception of the idea of having another Domestic Abuse Bill. Although I do not necessarily agree with all the Lords amendments, I recognise that everybody has been working to make the Bill what they believe to be absolutely the best. This really important Bill will save lives and protect the too many people who, daily, are sadly abused by their partners and those they are living with in horrific and terrible ways.

I turn now to specific amendments. I have just referenced the abuse that takes place, and I fully recognise the intention behind Lords amendments 1 to 3. We should, of course, have absolutely zero tolerance of abuse by carers. The very name “carer” means that they are supposed to be looking after and caring for the person they are with. One of the most important aspects of the Bill—it seems very trivial, but it is one of the most important aspects—is the definition of domestic abuse, and the fact that we are adopting that wider definition of abuse. Domestic abuse is not simply abuse that takes place within a domestic setting. It takes place between two individuals who have a particularly close and intimate relationship, and it is that personal connection that I think is important.

The Government are absolutely right to be working with those who have raised, in particular, the abuse of disabled people to look at what protections need to be put in place, why the system is not currently working and why the arrangement that can deal with these cases does not always appear to be working. What lies at the heart of domestic abuse is the relationship between the perpetrator and the victim. That is why it is important that we do not widen the definition in the way their Lordships have proposed.

Of course, domestic abuse can continue outside the domestic setting—for example, in a workplace or online. That is one of the reasons why I particularly welcome Lords amendment 34, to extend the offence of controlling and coercive behaviour to a situation where the perpetrator and victim are no longer living together. It is a mistake to think that domestic abuse ends if the two individuals, the perpetrator and the victim, are physically separated by no longer being together in the same premises. This is an important amendment. As we know, too many survivors find themselves subject to controlling and coercive behaviour even after they have been separated from their perpetrator. I commend the role played by my noble Friend Baroness Sanderson in putting forward the amendment. I also commend her for all the work she has done on domestic abuse when she was working for me in No. 10 Downing Street and subsequently in her time in another place. I am sure she will continue to work on these issues.

I want to come on to the Lords amendments that I do not agree with. Lords amendment 33 is about training for judges. I have heard the arguments across the Front Bench on that issue. During lockdown 1, I joined Dr Peter Aitken, Elizabeth Filkin and the former Supreme Court judge Nicholas Wilson to produce a report called, “Seize the Moment to End Domestic Abuse”. We focused particularly on the Bill and its implications. One important recommendation we made to the Ministry of Justice was that the MOJ should ensure the proper training of judges on the implications of the Bill once it is enacted. The shadow Minister is absolutely right that there have been some very bad cases where the attitude of judges has shown that they simply do not understand domestic abuse, the nature of domestic abuse or the wide range of abuse that can take place. It is important that training is the responsibility of the Lord Chief Justice, and I think the commitments given by the President of the Family Division and the Judicial College are important in that respect. I would simply say to the Government that it is important that the Government make sure that those steps are put in place and that training is put in place.

I want to raise a question that may be answered later. There is an issue about who decides the nature of that training, how good the training is and what it actually covers. I am sure there are those who would say that the judiciary have had training already. Well, it is patently obvious that there are some who perhaps did not imbibe the training as well as they might have done.

This point is not specific to the amendments, but, if I may, it is not just the judiciary whom we need to ensure are trained. We need to ensure that the police, local authorities and others are trained on the implications of the Bill when enacted if we are going to see it being implemented. One thing we sometimes forget in this place is that it is not just about passing pieces of legislation; it is about what then happens with that legislation and how it is implemented.

I will now come on to one of the more contentious areas in the amendments, which has been a long-standing issue: the question of support for migrant victims. The Minister and the Government have given a clear commitment to ensure that the victims of domestic abuse are treated as victims, whatever their immigration status. Of course, systems of support are already in existence—the destitute domestic violence concession scheme, as has been referred to by others, is for those who are here on a spousal visa, while victims who are also victims of modern slavery can be referred to support available through the national referral mechanism—but the concern is that there are those who are falling through the net. The Government undertook a review. They have now undertaken to put in place the Support for Migrant Victims scheme. The Minister announced that Southall Black Sisters will run that scheme, which I welcome.

It is important that we recognise that not all victims are the same and that we are able to identify the specific circumstances and the specific protections and support needed in those cases where people are currently falling through the net. I support the Government’s decision not to support the Lords amendments on these particular issues. What matters is that victims are recognised as victims, regardless of their status. What we must now allow is the good intention of providing extra support for victims inadvertently leading to more victims.

On data sharing, which has been linked in the amendments, the issue is not as simple as it is sometimes portrayed. I am very pleased to be able to say that this is, I think, the first use of the police super-complaints process, which was introduced, as the Minister said, under the Policing and Crime Act 2017, so I have some sense of bearing some responsibility for it. That is good, because it shows that it can work.

[Jess Phillips]

It won’t be the last.

[Mrs May]

The hon. Lady is right; it won’t be the last. The important thing is that it has been shown that it works and that a super-complaint can be brought. Let us respect that process and do what has been recommended by HMICFRS—I apologise for the initials; I think I put the fire service in with the inspectorate of constabulary—and, as the Government say, undertake that review and put into place whatever is necessary as a result of it.

On Lords amendment 42, on the register, this has been a matter of debate for some considerable time. It has been raised with me by constituents and by one of my local councillors on behalf of a resident not in my constituency. What I would say is that simply putting somebody on a register does not mean that protection is going to be provided. There was an exchange across the Front Benches about MAPPA and how it is operating. MAPPA can currently cover these cases of serial domestic abuse offenders and high-harm domestic abuse offenders, so there is a question as to who would be covered who is not already covered. If they are already covered but there are still these cases, the question is not whether the system applies to these cases, but why the system is not working in relation to them.

Police, Crime, Sentencing and Courts Bill

Baroness May of Maidenhead Excerpts

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[Mrs Theresa May (Maidenhead) (Con)]

I join the Home Secretary and the shadow Home Secretary in sending my condolences to Sarah Everard’s family and friends.

There are elements of this Bill, which is a very large and significant Bill, that I really welcome: the action on unauthorised encampments, on serious violence, on people in positions of trust and on changes to sentencing. I particularly, of course, welcome the change to sentencing for death by dangerous driving, which reflects the change I proposed in my ten-minute rule Bill. It was supported, as the shadow Home Secretary said, across the whole of the House, because many Members of this House have constituency cases that have been affected by this, as my hon. Friend the Member for Winchester (Steve Brine) indicated in his intervention. My desire to bring this forward was first brought about by the case—the very sad case—of my constituent Bryony Hollands, who was killed by somebody under the influence of drugs and drink, but there have been other constituency cases, such as those of Eddy Lee and Max Simmons. On their behalf, on behalf of their families and on behalf of all those affected by this, I say simply to the Government, thank you.

I would like to focus on a number of areas where I worry that there could be unintended consequences of the measures being brought forward by the Government in this Bill. I absolutely see the reason for bringing forward the serious violence reduction orders, but I welcome the fact that they are being piloted, because I think there could be unintended consequences in two areas. The first is in stop-and-search. Stop-and-search is an important tool, but it must be used lawfully and it must not be used disproportionately against certain communities. My concern is that we do not go backwards on improvements that have been made on stop-and-search, and that we actually ensure that we do not see this being used disproportionately and a disproportionate increase taking place.

The other area is girls in gangs, and I am concerned—I have had a discussion with the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), about this—that we could see serious violence reduction orders against male members of gangs leading to their pressurising their girlfriends to be carrying knives, with the impact that would have on those girls. The way in which girlfriends of gang members are used to get at rival gangs is a worry and needs to be given more attention, and I do not want to see the position of girls being further exacerbated, unintentionally, as a result of these orders.

My second concern is about pre-charge bail. I can absolutely see that, as a result of the changes that were brought in previously, we have seen too many cases where people have not been put on bail, particularly where the crime was a serious violent crime against a woman. However, I ask the Home Secretary to look carefully at the nine-month period that is being set before the police have to go to the magistrates court for an extension of bail. Certainly, I would urge her to resist any suggestion that that should be extended, because we cannot go back to a situation where people are effectively left with their lives on hold, possibly for years, as a result of the operation of bail.

Finally, I want to raise one area that has already been raised: I do have some concerns about some of the aspects of the public order provisions in the Bill. I absolutely accept that the police have certain challenges, for example when people glue themselves to vehicles or to the gates of Parliament, but freedom of speech is an important right in our democracy, however annoying or uncomfortable that might sometimes be. I know that there will be people who will have seen scenes of protests and asked, “Why aren’t the Government doing something?” The answer, in many cases, may simply be that we live in a democratic, free society.

I do worry about the potential unintended consequences of some of the measures in the Bill, which have been drawn quite widely. Protests have to be under the rule of law, but the law has to be proportionate. The first area that I will mention is giving police the powers to deal with static protests in the way that they have been able to deal with marches. Those have always been differentiated in the past. The second is around noise and nuisance; some of the definitions do look quite wide, and I would urge the Government to look at those definitions.

The final area I want to mention is the power for the Home Secretary to make regulations about the meaning of

“serious disruption to the activities of an organisation…or…to the life of the community.”

It is tempting when Home Secretary to think that giving powers to the Home Secretary is very reasonable, because we all think we are reasonable, but future Home Secretaries may not be so reasonable. I wonder whether the Government will be willing to publish a draft of those regulations during the Bill’s passage so that we can see what they are going to be and ensure that they are not also encroaching on the operational decisions of the police.

There are very important elements of this Bill, but I would urge the Government to consider carefully the need to walk a fine line between being popular and populist. Our freedoms depend on it.

Policing and Prevention of Violence against Women

Baroness May of Maidenhead Excerpts

Monday 15th March 2021 Commons Chamber

[Priti Patel]

I thank the right hon. Gentleman for his comments, but at a time when the country is mourning a significant loss and there are moments of great unity,

I am quite sorry to hear his tone, particularly regarding the Government’s record on and commitment to tackling violence against women and girls.

The right hon. Gentleman will be well sighted—more than aware—of the significant contributions of all Members of this House to the Domestic Abuse Bill, which has been under debate, scrutiny, challenge and amendment for a considerable period of time, and is in the House of Lords right now. I emphasise that we are committed to addressing violence against women and girls at the highest level. Look at the work of this Government over the last decade; I pay particular tribute to my right hon. Friend the Member for Maidenhead (Mrs May) for all her work, as she was the one who really set the bar high in legislation. That work includes not just the DA Bill, but all the measures to address female genital mutilation, and violence against women and girls, and all the money and support that has been put forward for charities. This Government are building on those measures, and no one can ignore that simple fact.

The right hon. Gentleman referred to the Police, Crime, Sentencing and Courts Bill, which will be debated this afternoon, and he specifically mentioned rape and rape convictions. The Bill is a criminal justice Bill as well as a policing Bill, and he will be very mindful of the work that the Government are undertaking right now through the end-to-end rape review to completely reverse the decline in outcomes that we have seen in recent years; this Government are increasingly very honest and upfront about that decline in outcomes. We are working with all relevant parties, including the Crown Prosecution Service. We want to change the direction there. There is much more work to come and that will be published in due course—shortly, in fact.

To say that the Bill does nothing for women is completely wrong, especially when it comes to sentencing, because it will end the halfway release of those convicted for sexual offences such as rape. Instead, our laws will go after those vile criminals, and they will spend at least two thirds of their time behind bars. It is worth reflecting that it was a Labour Government in 2003 who made automatic halfway release mandatory for all standard determinate sentences, regardless of whether the offender had been convicted of a violent or sexual offence. The Bill that the House will debate later will reverse that policy.

The right hon. Gentleman said that there is no specific mention of women in the Bill. That is another accusation that I reject, primarily because it is a criminal law and sentencing Bill, which applies equally to everybody. The Labour party knows that it is in line with the Serious Organised Crime and Police Act 2005 and the Criminal Justice Act 2003, neither of which, as Bills that related to criminal justice and sentencing, mentioned women.

There are many other measures that we will discuss later in the passage of the Bill, but I want to come back to the points that I made in my statement. It is right that I have had many discussions with the Metropolitan police and specifically the commissioner on Friday and over the weekend in relation to preparations and planning prior to Saturday evening. My comments are public and on the record regarding what has happened and, quite frankly, the upsetting images of Saturday evening. A review is now being conducted by Her Majesty’s inspectorate of constabulary. It is right that that takes place. No one should prejudge anything in terms of conduct until we absolutely see what has happened through that report. The police are, rightly, operationally independent.



All of us in this House—this is not just about the Government—want to work to drive the right outcomes, so that women feel safe. Laws and legislation will absolutely do that; there is no question about that. But this is also about behaviour and culture—that is culture across society, and that is culture with men as well, and we should be up-front about that and never shy away from being honest in discussing that. Right now, all Members should have in their thoughts and prayers Sarah’s family and friends at this particularly unbearable time.

[Mrs Theresa May (Maidenhead) (Con)]

I thank my right hon. Friend for her remarks. She is right to remind us that behind the events of Saturday lies the tragic death of Sarah Everard, a bright young woman dearly loved by her family and friends. I join my right hon. Friend and other Members of the House in saying that my thoughts and prayers are with Sarah’s family and friends at this time. We want justice for Sarah. We also want women to be able to feel and be safe on our streets and in their homes.

Does my right hon. Friend agree that we must redouble our efforts to ensure that the Government’s excellent Domestic Abuse Bill reaches the statute book next month, as anticipated, but also recognise that legislation is not enough? If we are going to eradicate violence against women and girls, we need a change of attitudes. That is about dealing with perpetrators and changing their behaviour but also teaching young men and boys about respect for women and what is or is not acceptable in a relationship.

[Priti Patel]

I pay tribute to my right hon. Friend for her work and leadership around domestic abuse and violence against women and girls. She is absolutely right that the Domestic Abuse Bill is a landmark piece of legislation that all Members of the House should feel proud of, in terms of the work that has come together across the House. She is also right about the cultural and behavioural aspects that must be changed. All of us have to be conscious of that. As a mother bringing up a young son, I think that respecting women and girls, treating everyone fairly with equality and understanding that there are no barriers in demonstrating that respect to one another and, importantly, tolerance of one another is absolutely vital.

There is so much more work to do. Legislation can only go so far. We can never, ever be complacent. The Government and both Houses share the determination and desire to do so much more when it comes to protecting girls and women, and we must be united in our strategies. This is not about just saying, “There’s a survey taking place.” We must all contribute to that. In fact, now that the survey has been reopened, I very much hope that Labour Members will contribute to it, to help us have a united and coherent approach—a one voice approach—to how we can support women and girls and prevent violence against women and girls.

Domestic Abuse Bill

Baroness May of Maidenhead Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. We move on to the seven-minute limit.

[Mrs Theresa May (Maidenhead) (Con)]

May I say how much I welcome the fact that the Bill has returned for its Report stage and Third Reading? This is a very important Bill. I will not be able to speak on Third Reading, so I shall take this opportunity to thank the Ministers who have shown their significant commitment to the Bill in taking it through the Committee and the House. I thank all the officials in the Home Office and the Ministry of Justice, who I know, from my time in the Home Office, also have a very real commitment to seeing that we have improved legislation to help the victims of domestic abuse. I also thank all Members of this House, because this is truly a Bill where there has been cross-party support and where every effort has been made to ensure that the Bill can go through in the best shape that it can. I will come to an area where there is obviously, as we have seen, a difference of opinion across the Chamber, but I think that this has been an excellent example of the House at its best, working with Government to improve the lives of victims up and down the country.

I want to welcome, particularly, two of the amendments that the Government have put forward—first, new clause 15, which relates to children. I have said before in the Chamber that this is, as my hon. Friend the Minister referenced, an important area. For too long, we turned a blind eye to the impact that domestic abuse had on children in a home in which that abuse was taking place. It is absolutely right that we should now recognise that those children are also affected. Their lives are affected and for so many, their whole future adulthood has been affected by what they have experienced, seen or heard within their home, where domestic abuse is taking place.

I also particularly welcome the way in which the Government have dealt with the issue of the rough sex defence. I pay tribute to my hon. Friend the Member for Wyre Forest (Mark Garnier) and the right hon. and learned Member for Camberwell and Peckham (Ms Harman) for the campaign that they have fought to keep this at the forefront of thinking and ensure that some changes could be made in relation to the Bill.

I want to pick up on what is—as is clear from what the shadow Minister, the hon. Member for Birmingham, Yardley (Jess Phillips), has just said—an area of disagreement across the Chamber in relation to migrant women. I and others across the House will of course have dealt with cases of constituents who have come to this country, very often with the hope and expectation that they would marry and have a happy and settled life here in the future, only to find themselves the victims of domestic abuse and to find that their immigration status, or their uncertain immigration status, is used by their abusers as a further way to abuse them and keep them within that abusive relationship. Obviously the DDVC acted in relation to those who are here on partner visas, but there is concern that there are those who still fall through the net and find themselves unable to access the support necessary for them.

--- Later in debate ---

[Caroline Nokes (Romsey and Southampton North) (Con)]

Will my right hon. Friend give way?

[Mrs May]

I am afraid I am on a strict time limit.

[Caroline Nokes]

You get an extra minute.

[Mrs May]

It has been so long that I had forgotten. I will give way.

[Caroline Nokes]

I thank my right hon. Friend for giving way. Does she agree that some of the posters we have seen during the course of covid, emphasising that domestic abuse is something that always works at home, have been incredibly compelling in getting across the message that she is seeking to make?

[Mrs May]

I absolutely agree with my right hon. Friend. I would also say that some of the local health trusts in my area in Berkshire have put together small videos getting out important messages about the support that is available and the fact that that support is there for people who are the victims of domestic abuse.

I hope the Government are going to publicise this Bill. It is important that victims and perpetrators know the implications of the Bill, particularly the fact that for domestic violence protection orders and notices, for example, it is not up to the victim to apply—others and third parties can apply for those things. Perpetrators need to know that.

Overall, this is a very important Bill. I welcome the cross-party support for it. I hope it will have a swift passage through the other place, because the sooner this Bill is on the statute book, the sooner we can provide extra support and help to the victims of domestic abuse. We will be able to say to them, “We are on your side. We understand. We want to help. It is not your fault”. The sooner the Bill is on the statute book, the sooner we can say to perpetrators, “This has got to stop.”

[Yvette Cooper]

May I begin by welcoming the work that the right hon. Member for Maidenhead (Mrs May) has done on domestic abuse over many years, the personal interest that she has taken in the issue, and her work on coercive control and on getting this Bill started in the first place?

I welcome the Bill and the amendments that the Government have tabled, particularly those around strengthening protections for children, strengthening protections in court and ending the appalling rough sex defence. I welcome the Government’s response to Members right across the House, who have been campaigning so powerfully for added measures and for changes to protect people from this awful crime—this torture in the home. The importance of this Bill and these measures has only grown during the coronavirus crisis, as perpetrators have exploited lockdown to increase their control and abuse, and calls to helplines and concerns have increased. Since the beginning of lockdown, 35 women and children have been murdered by a partner or ex.

I particularly want to speak to new clauses 32 and 33, which have cross-party support. I pay tribute to Laura Richards at Paladin who was behind a lot of this work, and encourage the Government to look at the report that she has published today which shows that there is a serious gap in the way our system responds to the risk from serial perpetrators of abuse. There are systems in place, such as multi-agency risk assessment conferences, to manage the risks to repeat victims, but there are no proper systematic approaches in place to monitor or tackle repeat perpetrators. These are dangerous people—predominantly dangerous men—who may go on to become ever more dangerous.

We need to make sure that when the call comes in about domestic abuse by someone who has been convicted before for abuse against someone else, it is not just treated as a new or one-off offence. We need to ensure that there are systems in place to join up the dots to link police, probation and support services together and to monitor people who have a series of previous domestic abuse or stalking convictions so that if they start a new relationship, the police and local services know that a new family are at risk and can take action. Too often, that does not happen. Clare’s law does not solve the problem because it relies on an individual asking about an offender’s history. What if they do not know to ask? What if they are too scared? Why is it still left to victims to ask for help, rather than having a proper system in place to monitor serial abusers and offenders? As Laura Richards points out,

“professionals load the victim up with actions and a safety plan and rarely do any multi-agency problem solving and risk management regarding the perpetrator.”

New clause 32 calls on the Government properly to review the way in which serial abusers are monitored and managed, and to publish that review swiftly. New clause 33 sets out a stronger way to respond to serial abusers, by bringing them into the process for managing serious offenders—the multi-agency public protection arrangements, or MAPPAs—so that serial domestic abuse perpetrators and stalkers can be properly addressed. So far, the Government have resisted this.

In response to the recommendation in our Home Affairs Committee report on this subject a few years ago, they said, “Well, we will work with the police and with existing information systems.” Those information systems are not working. The police national database is far too sporadic and patchy with regards to the way in which police officers respond to this issue across the country. The Government have said that they do not want a stand-alone register, but this does not have to be a stand-alone register. The whole point is to bring this into the existing MAPPA and violent and sex offender register—ViSOR—processes that are currently used for sex offenders and the most serious violent offenders. We have processes that can work. Why not use them for serial domestic abusers who can escalate that abuse?

Nor is it good enough for the Government to simply say, “Well, there’s a lot of good work under way. We’ve got to respond to pilots.” We have already heard them say in response to the powerful speech from my hon. Friend the Member for Birmingham, Yardley (Jess Phillips), on the need to address the issue of no recourse to public funds for migrant women, that we need to wait for pilots. In that case, it is not enough to respond to pilots. We should be taking some action while we wait for those pilots to conclude.

Similarly, on serial domestic abusers, by all means let us have pilots and different measures in place on how best to respond to perpetrators, but let us get on with having the systems that can join up the information so that the police and probation can work together and know who those dangerous serial abusers are. The tragedy is that Laura Richards’s report lists case after case where that did not happen, where someone has been murdered and the killer had a history—the killer had abused many times before—and the police, probation services and others did not have a system in place to identify that and to respond. It has happened too many times.

If Ministers will not listen to me and will not listen to the Select Committee when we make these recommendations, perhaps they will instead listen to the calls from the families of victims. Perhaps they will listen to the words of John Clough, the father of Jane Clough, who said,

“It’s way past time serial abusers and stalkers were treated with the same gravitas as sex offenders and managed in a similar fashion”,

or those of Celia Peachey, daughter of Maria Stubbings, who said,

“My mum was failed and the lessons have not been learned. Our current system is failing women and children—violent men must be made visible. Men with violent histories must be checked and joined up.”

I urge the Minister not to simply reject these amendments out of hand. Even if the Government are not yet able to accept new clause 33, which would set up the system and process to manage serial offenders, I urge them to at least accept new clause 32, to urgently review the risk management of these serial abusers and offenders across the country and report back, so that we can keep more women safe.

--- Later in debate ---

[Robert Buckland]

My right hon. Friend he tempts me into new territory. As the Government and I develop a White Paper on sentencing reform that will be published later in the year, we will have ample opportunity to engage properly on such issues. My right hon. Friend knows that I come to this role with, shall we say, a little bit of form on the issue of sentencing and a long experience in it, and I want to use that White Paper as the opportunity to set something clear, firm and understandable that will only increase public confidence in the sentencing system in England and Wales.

Before I move on to the question of migrant victims, I pause to pay warm tribute to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins) and, indeed, to the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk), who is part of my ministerial team at the Ministry of Justice. Together, they did not just do their duty, but did it with zeal, passion and a deep commitment to the issues. I know that that commitment is shared by Opposition spokesmen, too, and pay tribute to them for their assiduous work on this issue. True cross-party co-operation can move mountains, and this Bill is an emblematic example of that important principle.

Let me return to the important issue of migrant victims of domestic abuse and the review that has been conducted. We acknowledge that more needs to be done to support migrant victims who do not qualify under the destitute domestic violence concession or other mechanisms—that is very clear—but we do need to assess precisely that need, as outlined by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle. That is why the £1.5 million pilot scheme that is to be launched later in the year will provide support additional to the mechanisms that have already been discussed. It will also provide the evidence necessary to help to inform decisions about a long-term solution.

The provision of better protection and support for victims of domestic abuse and their children is at the very heart of the Bill. In the first Second Reading debate —on the previous version of the Bill—I told my own story about being a young barrister dealing with a domestic abuse case, one of many that were dealt with somewhat differently, shall we say, in those days from how they are dealt with now. That does not necessarily mean that we should be complacent about where we have come to with regards to how we deal with domestic violence, but it is right to say that if the phrase “It’s only a domestic” has not previously been consigned to the history books, this Bill will make sure that it is. We owe it to the 2.4 million victims a year to ensure that the justice system and local support services work better for them.

[Mrs May]

I am grateful to my right hon. and learned Friend for the kind remarks he made earlier. He has just outlined the importance of this Bill. Will the Government do everything they can to ensure that, in timetabling it through the other place, it is given the priority it needs to ensure that we can get it on the statute book as soon as possible?

[Robert Buckland]

I am grateful to my right hon. Friend, and with alacrity I give her that undertaking. I know that my colleagues in the other place will share the same ambition that we have here, and I will work with them to make sure that the Bill makes its proper passage through that House so that we can give it the Royal Assent that we all want it to attain.

Ultimately, we all just want the abuse to stop, but in the meantime we must, and we will, do everything we can to protect vulnerable people, to protect victims and their children, and to offer them the safety and support they so desperately need and deserve. I commend this Bill to the House.

Windrush Lessons Learned Review

Baroness May of Maidenhead Excerpts

Thursday 19th March 2020 Commons Chamber

[Priti Patel]

First of all, let me say in response to the right hon. Lady’s point about the publication of the review that this is an independent review. I received a copy of it yesterday from Wendy Williams and I have, through all the due process in the House, laid the review this morning, in a timely way, in the Vote Office, using all the procedural routes that are normal to this House. I know that the right hon. Lady came to my office and picked up a copy, but copies were also available earlier on this morning—we checked that, and as she knows, I also gave her sight of my statement earlier, prior to coming to the Chamber.

I made a commitment to publish the report as soon as possible. It came to me yesterday, and I have done that, primarily because of the nature of the response and the concerns that this House has consistently and rightly raised when it comes to the Windrush generation. That, in my view, was the right thing to do, and I would not have been able to publish the review any earlier, because obviously it came to me from Wendy Williams yesterday. The timing of the report was decided by Wendy Williams, as the independent reviewer. Let me assure the right hon. Lady that I discussed with Wendy Williams yesterday how I will work with her on the recommendations going forward. I will be doing that over the coming months, in the way in which Wendy has asked and alluded to in the report. I will ensure that this issue continues to get the national prominence that it rightly deserves.

I also think, on that point, that this is the time for us all across this House to come together to right the wrongs. I have made it clear in my statement already that not only will I review Wendy’s recommendations on how the Home Office operates as an organisation, looking closely at, yes, the leadership, the culture, the practices and how it needs to put people before process—I cannot emphasise that enough—but I will also look at how we review policies and cultural change going forward. That is absolutely the right thing to do, but I emphasise that, in many of the measures and recommendations, and in the extent of the review—I have no doubt that when the right hon. Lady has the opportunity she will go through the review and read it, as I have—Wendy Williams is very clear that lessons must be learned at all levels, by all political parties. She describes the set of measures that evolved under Labour, coalition and Conservative Governments, and is clear those are lessons that we should all be learning, as politicians and as society, but also as Members of this House.

[Mrs Theresa May (Maidenhead) (Con)]

May I first associate myself with the unqualified apology that the Home Secretary has given to the Windrush generation? I have given my own apology previously, but I do so again today. This generation came here, they were British, they were here legally, they worked to build our country and they should not have been treated in this way. I recognise the commitment that my right hon. Friend has given to ensuring that the Home Office learns the lessons set out in the review.

May I draw my right hon. Friend’s attention to one of the elements that she referred to in her statement? Wendy Williams says in her review that

“a lack of insight into the community’s experience did delay an understanding of the problems being faced by the Windrush generation and led to opportunities being missed for resolving cases sooner.”

The Home Secretary referred to the fact that too many people still feel that they may be treated differently because of who they are or where their parents came from. Against that background, does she agree that the work of the race disparity audit, which I set up when I was Prime Minister, is absolutely critical in relation to this, and not just that that work should continue, but that every Department should act on the failings and the gaps in public sector provision for certain communities that are highlighted by that audit?

[Priti Patel]

I thank my right hon. Friend the Member for Maidenhead (Mrs May) for her thoughtful comment. I emphasise and echo the work that she has done, but acknowledge her apology as well. She is absolutely right about the role of the race disparity audit. There is much that we can all take from this review. We should all as individuals be more conscious and aware not just of how we engage people, but of how we reach an understanding of communities and cultures, to help us all and to inform decision making and policies across Government in the future.