What steps her Department is taking to prevent hate crimes against places of worship. [904589]

There is a balance to be struck between worshipping openly and being provided with adequate security. Will the Minister say what success the Government’s places of worship protective security funding scheme has had in achieving that balance?

What progress she has made on preventing the sexual exploitation of children by organised gangs. [904592]

What steps her Department is taking to tackle online harms on social media platforms. [904593]

It has been more than a year since the Government published their online harms White Paper and yet there is still no proper protection in place. Instead, all we have had are delays, ministerial briefings about potentially watering down the sanctions within the White Paper, and continued intensive lobbying by tech giants, which are still failing to remove harmful content and disinformation. That really is poor, so can the Minister update the House about what conversations she has had with social media companies about taking down harmful content and when exactly will the online harms Bill finally be published?

What assessment she has made of the adequacy of support and accommodation for asylum seekers during the covid-19 outbreak. [904594]

With this it will be convenient to discuss the following:

Government new clause 16—Special measures in family proceedings: victims of domestic abuse.

Government new clause 17—Special measures in civil proceedings: victims of specified offences.

Government new clause 18—Prohibition of cross-examination in person in civil proceedings.

Government new clause 20—Consent to serious harm for sexual gratification not a defence.

New clause 1—Pornography and domestic violence: research—

‘(1) The Secretary of State must commission research into the impact of pornography consumption on levels of domestic violence.

(2) The Secretary of State must lay the research before Parliament within 12 months of this Act being passed.”

New clause 2—Research into the incidence of domestic abuse within different living arrangements—

The Secretary of State must commission research on the incidence of domestic abuse in the context of different forms of relationship including marriage, civil partnerships and cohabitation, with special respect to both adult and child wellbeing and reporting to the House with this research and policy recommendations within 12 months of this Act becoming law.”

New clause 3—Report on domestic abuse incidence and sentencing—

The Secretary of State must provide a report to the House reviewing trends in the incidences of domestic abuse and sentencing for domestic abuse offences over the last ten years in England and Wales with a view to making policy recommendations including with respect to increasing both minimum and maximum sentences for domestic abuse offences and present to Parliament within the 12 months of this Act becoming law.

New clause 4—No defence for consent to death—

‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing death, it is not a defence to a prosecution that B consented to the infliction of injury.

(2) Subsection (1) applies whether or not the death occurred in the course of a sadomasochistic encounter.”

This new clause would prevent consent of the victim from being used as a defence to a prosecution in domestic homicides.

New clause 5—No defence for consent to injury—

‘(1) If a person (“A”) wounds, assaults or asphyxiates another person (“B”) to whom they are personally connected as defined in section 2 of this Act causing actual bodily harm or more serious injury, it is not a defence to a prosecution that B consented to the infliction of injury or asphyxiation.

(2) Subsection (1) applies whether or not the actual bodily harm, non-fatal strangulation, or more serious injury occurred in the course of a sadomasochistic encounter.”

This new clause would prevent consent of the victim from being used as a defence to a prosecution in cases of domestic abuse which result in serious injury.

New clause 6—Consent of Director of Public Prosecutions—

In any homicide case in which all or any of the injuries involved in the death, whether or not they are the proximate cause of it, were inflicted in the course of domestic abuse, the Crown Prosecution Service may not without the consent of the Director of Public Prosecutions, in respect of the death—

(a) charge a person with manslaughter or any other offence less than the charge of murder, or

(b) accept a plea of guilty to manslaughter or any other lesser offence.”

This new clause would require the consent of the Director of Public Prosecutions if, in any homicide case in which any of the injuries were inflicted in the course of domestic abuse, the charge (or the plea to be accepted) is of anything less than murder.

New clause 7—Director of Public Prosecutions consultation with victim’s family in domestic homicides—

‘(1) Before deciding whether or not to give consent to charging a person with manslaughter or any other offence less than the charge of murder in an offence of homicide in which domestic abuse was involved, the Director of Public Prosecutions must consult the immediate family of the deceased.

(2) The Lord Chancellor must make arrangements, including the provision of a grant, to enable the immediate family to access legal advice prior to being consulted by the Director of Public Prosecutions under subsection (1).”

This new clause would require the Director of Public Prosecutions to consult the immediate family of the victim before charging less than murder in a domestic homicide and provide the family with legal advice so they can understand the legal background.

New clause 8—Offence of non-fatal strangulation—

A person (A) commits an offence if that person unlawfully strangles, suffocates or asphyxiates another person (B), where the strangulation, suffocation or asphyxiation does not result in B’s death.”

This new clause will create a new offence of non-fatal strangulation.

New clause 9—Offence of non-fatal strangulation in domestic abuse context—

A person (A) commits an offence if that person unlawfully strangles, suffocates or asphyxiates another person (B) to whom they are personally connected as defined in section 2 of this Act, where the strangulation, suffocation or asphyxiation does not result in B’s death.”

This new clause will create a new offence of non-fatal strangulation in domestic abuse offences.

New clause 10—Prohibition of reference to sexual history of the deceased in domestic homicide trials—

If at a trial a person is charged with an offence of homicide in which domestic abuse was involved, then—

(a) no evidence may be adduced, and

(b) no question may be asked in cross-examination, by or on behalf of any accused at the trial,

about any sexual behaviour of the deceased.”

This new clause will prevent the victim’s previous sexual history being used as evidence to prove consent to violence in a domestic homicide case. This draws on the legislative measures in the Youth Justice and Criminal Evidence Act 1999 to prevent rape defendants raking up or inventing complainants’ previous sexual history.

New clause 11—Anonymity for victims in domestic homicides—

‘(1) Where a person (“A”) has been accused of a domestic homicide offence and where the person (“B”) against whom the offence is alleged to have been committed has died in the course of sexual activity, no matter likely to lead members of the public to identify a person as B shall be included in any publication.

(2) The matters relating to a person in relation to which the restrictions imposed by subsection (1) applies (if their inclusion in any publication is likely to have the result mentioned in that subsection) include in particular—

(a) the person’s name,

(b) the person’s address,

(c) the identity of any school or other educational establishment attended by the person,

(d) the identity of any place of work,

(e) any still or moving picture of the person.

(3) If, at the commencement of the trial, any of the matters in subsection (2) have already appeared in any publication, the judge at the trial may direct that no further reference to any of these matters may be included in any publication.

(4) If any matter is included in a publication in contravention of this section, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.

(5) For the purposes of this section—

“domestic homicide offence” means an offence of murder or manslaughter which has involved domestic abuse;

a “publication” includes any speech, writing, relevant programme, social media posting or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings.”

This new clause will provide the victim of a domestic homicide with public anonymity.

New clause 12—Domestic abuse: report on incidence and sentencing—

‘(1) The Secretary of State must, within 12 months of Royal Assent being given to this Act, lay before both Houses of Parliament a report on—

(a) the incidence of domestic abuse in England and Wales since 1 January 2010, and

(b) sentencing for any offence where judgment was handed down after 1 January 2010 and it was alleged that the behaviour of the accused amounted to domestic abuse.

(2) A purpose of a report under subsection (1) shall be to inform a decision on whether or not to increase the minimum or maximum sentence for any offence where it is found the behaviour of the accused amounted to domestic abuse.

(3) “Domestic abuse” shall, for the purposes of this section, have the meaning given in section 1 of this Act.”

New clause 13—Screening for acquired brain injury in domestic abuse cases—

‘(1) A woman who has been the subject of domestic abuse shall, with her consent, be screened for traumatic brain injury, and other forms of acquired brain injury, including concussion.

(2) For the purposes of this section, a woman has been the subject of domestic abuse if—

(a) she is the person for whose protection a domestic abuse protection notice or a domestic abuse protection order has been issued, or

(b) she is the person against whom it is alleged that domestic abuse has been perpetrated when the accused is charged with an offence that amounts to domestic abuse within the meaning of section 1 of this Act.

(3) In the case of subsection (2)(a), the screening shall take place within two weeks of a domestic abuse protection notice or a domestic abuse protection order being issued.

(4) In the case of subsection (2)(b), the screening shall take place within two weeks of a charge being made for an offence where it is alleged that the behaviour of the accused amounts to domestic abuse within the meaning of section 1 of this Act.”

New clause 14—Acquired brain injury screening for female prisoners—

‘(1) All female prisoners must be screened for traumatic brain injury, and other forms of acquired brain injury, including concussion, within two weeks of starting their sentence.

(2) A purpose of the screening will be to assist in a determination as to whether a prisoner has been the subject of domestic abuse.

(3) If the screening shows that there is an acquired brain injury—

(a) an assessment must be made of whether such an injury has been acquired as a result of domestic abuse, and

(b) the prisoner must be given appropriate rehabilitation treatment and advice.”

New clause 19—Anonymity of domestic abuse survivors in criminal proceedings—

‘(1) Where an allegation has been made that a relevant offence has been committed against a person, no matter relating to that person shall during that person’s lifetime be included in any publication if it is likely to lead members of the public to identify that person as the survivor.

(2) Where a person is accused of a relevant offence, no matter likely to lead members of the public to identify the person against whom the offence is alleged to have been committed as the survivor shall during the survivor’s lifetime be included in any publication.

(3) This section does not apply in relation to a person by virtue of subsection (1) at any time after a person has been accused of the offence.

(4) The matters relating to a survivor in relation to which the restrictions imposed by subsection (1) or (2) apply (if their inclusion in any publication is likely to have the result mentioned in that subsection) include—

(a) the survivor’s name;

(b) the survivor’s address;

(c) the identity of any school or other educational establishment the survivor attended;

(d) the identity of any place where the survivor worked;

(e) any still or moving pictures of the survivor; and

(f) any other matter that might lead to the identification of the survivor.

(5) At the commencement of a trial at which a person is charged with a relevant offence, the judge may issue a direction for lifting the restrictions only following an application by or on behalf of the survivor.

(6) Any matter that is included in a publication in contravention of this section must be deleted from that publication and no further reference to the matter may be made in any publication.

(7) If any matter is included in a publication in contravention of this section, the following persons shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale—

(a) where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b) where the publication is a relevant programme—

(i) any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included; and

(ii) any person having functions in relation to the programme corresponding to those of an editor of a newspaper;

(c) in the case of any other publication, any person publishing it.

(8) For the purposes of the section—

“publication” means any material published online or in physical form as any well as any speech, writing, website, online news outlet, social media posting, relevant programme or other communication in whatever form which is addressed to the public at large or any section of the public;

a “relevant offence” means any offence where it is alleged by the survivor that the behaviour of the accused amounted to domestic abuse;

“survivor” means the person against whom the offence is alleged to have been committed.”

This new clause provides lifetime press anonymity for survivors of domestic abuse, and reflects similar protections for survivors of sexual assault enshrined in the Sexual Offences (Amendment) Act 1992. It prevents identifiable details from be published online or in print, and creates a new offence for breaching this anonymity.

New clause 21—Register for domestic abuse—

‘(1) The Secretary of State must arrange for the creation of a register containing the name, home address and national insurance number of any person (P) convicted of an offence that constitutes domestic abuse as defined in section 1 of this Act.

(2) Each police force in England and Wales shall be responsible for ensuring that the register is kept up to date with all relevant offences committed in the police force’s area.

(3) Each police force in England and Wales shall be responsible for ensuring that P notifies relevant police forces within 14 days if they commence a new sexual or romantic relationship.

(4) A failure to notify the police in the circumstances set out in subsection (4) shall be an offence liable on conviction to a term of imprisonment not exceeding 12 months.

(5) The relevant police force shall have the right to inform any person involved in a relationship with P of P’s convictions for domestic abuse as defined in section 1 of this Act.”

This new clause would require that any person convicted of any offence of domestic abuse as defined in section 1 must have their details recorded on a domestic abuse register to ensure that all the perpetrator’s subsequent partners have full access to information regarding their domestic abuse offences.

New clause 22—Recourse to public funds for domestic abuse survivors—

‘(1) The Immigration Acts are amended as follows.

(2) In section 115 of the Immigration and Asylum Act 1999 after subsection (10) insert—

“(11) This section does not apply to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020.”

(3) In paragraph 2(1) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 after sub-paragraph (b) insert—

“(ba) to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020, or”.

(4) In section 21 of the Immigration Act 2014 at the end of subsection (3) insert “or if P is a victim of domestic abuse”.

(5) In section 3 of the Immigration Act 1971 after subsection (1) insert—

“(1A) The Secretary of State may not make or maintain a condition under subsection (1)(c)(ii) on leave granted to a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020; and it is not a breach of the immigration laws or rules for such a victim to have recourse to public funds.”

(6) For the purposes of this section, evidence that a person is a victim of domestic abuse may consist of one or more of the following—

(a) a relevant conviction, police caution or protection notice;

(b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, domestic abuse protection order, forced marriage protection order or other protective injunction;

(c) evidence of relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic abuse;

(d) evidence that a victim has been referred to a multi-agency risk assessment conference;

(e) a finding of fact in the family courts of domestic abuse;

(f) a medical report from a doctor at a UK hospital confirming injuries or a condition consistent with being a victim of domestic abuse;

(g) a letter from a General Medical Council registered general practitioner confirming that he or she is satisfied on the basis of an examination that a person had injuries or a condition consistent with those of a victim of domestic abuse;

(h) an undertaking given to a court by the alleged perpetrator of domestic abuse that he or she will not approach the applicant who is the victim of the abuse;

(i) a letter from a social services department confirming its involvement in providing services to a person in respect of allegations of domestic abuse;

(j) a letter of support or a report from a domestic abuse support organisation; or

(k) other evidence of domestic abuse, including from a counsellor, midwife, school, witness or the victim.

(7) For the purposes of this section—

“domestic abuse” has the same meaning as in section 1 of the Domestic Abuse Act 2020;

“victim” includes the dependent child of a person who is a victim of domestic abuse.

(8) Within 12 months of this Act being passed, the Secretary of State must commission a review into the operation of the provisions in this section.

(9) The Secretary of State must lay before Parliament a report setting out the findings of the review.”

This new clause seeks to ensure that certain provisions under the Immigration Acts – including exclusion from public funds, certain types of support and assistance and the right to rent – do not apply to survivors of domestic abuse. There will be a review into the operation of this provision.

New clause 23—Commissioning specialist domestic abuse services for victims and perpetrators of domestic abuse—

‘(1) It is the duty of relevant public authorities in England and non-devolved relevant public authorities in Wales in the exercise of their functions to commission sufficient specialist services for all persons affected by domestic abuse regardless of status.

(2) To ensure compliance with the duty under subsection (1) public authorities must—

(a) regularly assess population and support needs changes in their area;

(b) take account of any strategy to end violence against women and girls adopted by a Minister of the Crown; and

(c) co-operate to discharge the duty.

(3) The Secretary of State may issue regulations making provision for the resolution of disputes between public authorities relating to the discharge of the duty under subsection (1).

(4) In relation to the provision of domestic abuse support as defined by section 54(2), each relevant local authority may discharge the duty under subsection (2)(a) through compliance with its obligations under section 54(1)(a).

(5) In performing the duty under subsection (1) a relevant public authority must secure sufficient specialist services for (among others) the following persons—

(a) any victim of domestic abuse aged over 18;

(b) any child aged under 18 who experiences or witnesses domestic abuse;

(c) any person aged over 18 who exhibits abusive behaviour towards another person to whom they are personally connected;

(d) any child aged under 18 who exhibits abusive behaviour towards another person to whom they are personally connected.

(6) In performing the duty under subsection (1), a relevant public authority must where necessary secure specialist services designed to meet the particular needs of a group that shares a status to ensure appropriate and effective service provision.

(7) In this section—

“abusive behaviour” is behaviour that is abusive within the definition in section 1(3).

“domestic abuse” has the meaning given by Part 1 of this Act.

“personally connected” has the meaning given in section 2 of this Act.

“relevant public authorities” are public authorities with statutory functions relevant to the provision of specialist services, including but not limited to—

(a) Ministers of the Crown and Government departments;

(b) local government in England;

(c) NHS Trusts in England;

(d) Police and Crime Commissioners;

(e) prison, police and probation services.

“status” means a status for the purpose of Article 4(3) of the Council of Europe Convention on preventing and combating violence against women and domestic violence, and combined forms of any such status.

“specialist services” include but are not limited to the following when provided in connection with domestic abuse, whether provided by a public authority or any other person or body—

(a) protective measures and action taken to protect persons against domestic abuse;

(b) residential accommodation, including refuge services and other relevant accommodation and support as defined in section 54(2);

(c) counselling and other support;

(d) advocacy services;

(e) access to welfare benefits;

(f) perpetrator programmes;

(g) financial support;

(h) legal services;

(i) helplines;

(j) services designed to meet the particular needs of a group that shares a status to ensure appropriate and effective service provision, including separate or single-sex services within the meaning given in Part 7 of Schedule 3 the Equality Act, and “communal accommodation” within the meaning given in paragraph 3 of Schedule 23 to the Equality Act 2010.

“victims of domestic abuse” includes—

(a) persons towards whom domestic abuse is directed and

(b) persons who are reasonably believed to be at risk of domestic abuse.”

This new clause would establish a statutory duty on relevant public authorities to commission specialist support and services to all persons affected by domestic abuse. This includes refuge and community-based services; specialist services for groups with protected characteristics; services for children and young people; services for perpetrators.

New clause 24—Proceedings under the Children Act 1989—

‘(1) Part I of the Children Act 1989 is amended as follows.

(2) In section 1 (the welfare of the child) after subsection (2B) insert—

“(2C) Subsection (2A) shall not apply in relation to a parent where there has been domestic abuse which has affected the child or other parent.

(2D) Evidence of domestic abuse may be provided in one or more of the forms set out in regulation 33(2) of the Civil Legal Aid (Procedure) Regulations 2012.”

(3) Part II of the Children Act 1989 is amended as follows.

(4) In section 9 (restrictions on making section 8 orders) after subsection (7) insert—

“(8) No court shall make a section 8 order for a child to spend unsupervised time with or have unsupervised contact with a parent who is—

(a) awaiting trial, or on bail for, a domestic abuse offence, or

(b) involved in ongoing criminal proceedings for a domestic abuse offence.

(8A) In subsection (8)—

“unsupervised” means where a court approved third party is not present at all times during contact with the parent to ensure the physical safety and emotional wellbeing of a child;

“domestic abuse offence” means an offence which the Crown Prosecution Service alleges to have involved domestic abuse.””

This new clause seeks to change the presumption that parental involvement furthers the child’s welfare when there has been domestic abuse. It also prohibits unsupervised contact for a parent awaiting trial or on bail for domestic abuse offences, or where there are ongoing criminal proceedings for domestic abuse.

New clause 25—Effective protection and support for all victims of domestic abuse—

‘(1) The Secretary of State must take steps to ensure that all victims of domestic abuse, irrespective of their status, receive—

(a) equally effective protection against domestic abuse, and

(b) equally effective support.

(2) In this section—

“status” includes a status for the purpose of Article 4(3) of the Council of Europe Convention on preventing and combating violence against women and domestic violence and any combined forms of such status.

“victims of domestic abuse” includes persons who are reasonably believed to be at risk of domestic abuse.”

This new clause ensures all victims of domestic abuse are protected, regardless of their status, in line with Article 4(3) of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention).

New clause 26—Victims of domestic abuse: leave to remain—

‘(1) The Secretary of State must, within 3 months of this Act being passed, lay a statement of changes in rules made under section 3(2) of the Immigration Act 1971 (“the immigration rules”) to make provision for leave to remain to be granted to any person subject to immigration control who is a victim of domestic abuse in the United Kingdom.

(2) The statement laid under subsection (1) must set out rules for the granting of indefinite leave to remain to any person subject to immigration control who is a victim of domestic abuse in the United Kingdom; and the statement must provide for those rules to be commenced no later than one month of the laying of the statement.

(3) The Secretary of State must make provision for granting limited leave to remain for a period of no less than 6 months to any person eligible to make an application under the immigration rules for the purposes of subsection (2); and such leave shall include no condition under section 3(1)(c)(i), (ia), (ii) or (v) of the Immigration Act 1971.

(4) The Secretary of State must make provision for extending limited leave to remain granted in accordance with subsection (3) to ensure that leave continues throughout the period during which an application made under the immigration rules for the purposes of subsection (2) remains pending.

(5) Where subsection (6) applies, notwithstanding any statutory or other provision, no services shall be withheld from a victim of domestic abuse solely by reason of that person not having leave to remain or having leave to remain subject to a condition under section 3(1)(c) of the Immigration Act 1971.

(6) This subsection applies where a provider of services is satisfied that the victim of domestic abuse is eligible to make an application to which subsection (3) refers.

(7) The Secretary of State must, for the purposes of subsection (5), issue guidance to providers of services about the assessment of eligibility to make an application to which subsection (3) refers.

(8) In this section—

an application is “pending” during the period—

(a) beginning when it is made,

(b) ending when it is finally decided, withdrawn or abandoned, and an application is not finally decided while an application for review or appeal could be made within the period permitted for either or while any such review or appeal remains pending (meaning that review or appeal has not been finally decided, withdrawn or abandoned);

“person subject to immigration control” means a person in the United Kingdom who does not have the right of abode;

“provider of services” includes both public and private bodies;

“services” includes accommodation, education, employment, financial assistance, healthcare and any service provided exclusively or particularly to survivors of domestic abuse.”

This new clause would make provision in the immigration rules for the granting of indefinite leave to remain to migrant survivors of domestic abuse and limited leave to remain to a survivor who is eligible to make an application for indefinite leave to remain.

New clause 27—Victims of domestic abuse: data-sharing for immigration purposes—

‘(1) The Secretary of State must make arrangements to ensure that personal data of a victim of a domestic abuse in the United Kingdom that is processed for the purpose of that person requesting or receiving support or assistance related to domestic abuse is not used for any immigration control purpose without the consent of that person.

(2) The Secretary of State must make arrangements to ensure that the personal data of a witness to domestic abuse in the United Kingdom that is processed for the purpose of that person giving information or evidence to assist the investigation or prosecution of that abuse, or to assist the victim of that abuse in any legal proceedings, is not used for any immigration control purpose without the consent of that person.

(3) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to the personal data to which subsection (1) or (2) applies.

(4) For the purposes of this section, the Secretary of State must issue guidance to—

(a) persons from whom support or assistance may be requested or received by a victim of domestic abuse in the United Kingdom;

(b) persons exercising any function of the Secretary of State in relation to immigration, asylum or nationality; and

(c) persons exercising any function conferred by or by virtue of the Immigration Acts on an immigration officer.

(5) For the purposes of this section—

“consent” means a freely given, specific, informed and unambiguous indication of the victim or witness, by an express statement of that person signifying agreement to the processing of the personal data for the relevant purpose;

“immigration control purpose” means any purpose of the functions to which subsection (4)(ii) and (iii) refers;

“support or assistance” includes the provision of accommodation, banking services, education, employment, financial or social assistance, healthcare and policing services; and any function of a court or prosecuting authority;

“victim” includes any dependent of a person, at whom the domestic abuse is directed, where that dependent is affected by that abuse.”

This new clause would require the Secretary of State to make arrangements to ensure that the personal data of migrant survivors of domestic abuse that is given or used for the purpose of their seeking or receiving support and assistance is not used for immigration control purposes.

New clause 28—Enabling access to abortion in abusive relationships—

‘(1) The Abortion Act 1967 is amended as follows.

(2) At the end of section 1 add—

“(5) Subsection (3) of this section shall not apply to the termination of a pregnancy by a registered medical practitioner who is of the opinion, formed in good faith, that the woman is unable to access treatment for the termination of pregnancy in a hospital or a place approved by the Secretary of State under subsection (3) by reason of the abusive behaviour of a person with whom the woman is personally connected within the meaning of section 2 of the Domestic Abuse Act 2020.””

In cases of domestic abuse where a woman seeking an abortion is subject to coercive control, this new clause would remove the legal requirement for attendance at a hospital or licensed premises in order to access lawful abortion services.

Amendment (a), line 4 after “apply to the” insert “medical”

Amendment (b), line 6 after “faith,” insert

“that the pregnancy has not exceeded nine weeks and six days and”

Amendment (c), line 10 at end insert—

‘(3) This section may not take effect until the Government has conducted an inquiry into the safety, number, and impact of abortions carried out under the temporary coronavirus crisis provisions where the place of abortion was the woman’s home, and has laid a Report on this before Parliament.”

New clause 30—Local Welfare Provision schemes—

‘(1) Every local authority in England must deliver a Local Welfare Provision scheme which provides financial assistance to victims of domestic abuse.

(2) The Secretary of State must issue guidance on the nature and scope of Local Welfare Provision schemes and review this biannually in consultation with the Domestic Abuse Commissioner and other such individuals and agencies the Secretary of State deems appropriate.

(3) The Chancellor of the Exchequer must provide local authorities with additional funding designated for Local Welfare Provision, to increase per year with inflation.

(4) For the purposes of this subsection “domestic abuse” is defined in section 1 of the Domestic Abuse Act 2020.”

This new clause would allow victims of domestic abuse to access a local welfare assistance scheme in any locality across England.

New clause 31—Guidance: Child maintenance—

‘(1) The Secretary of State must issue guidance relating to the payment of child maintenance where the person with care of the child is a victim of domestic abuse.

(2) Guidance issued under this section must take account of—

(a) the potential for the withholding or reducing of child maintenance to constitute economic abuse under section 1(4) of this Act;

(b) the need for enforcement action to prevent non-payment; and

(c) the difficulties faced by victims of domestic abuse in obtaining evidence to support an application for a variation of a child maintenance calculation.

(3) The Child Maintenance Service must have regard to any guidance issued under this section when exercising a function to which the guidance relates.

(4) Before issuing guidance under this section, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner, and

(b) such other persons as the Secretary of State considers appropriate.

(5) The Secretary of State must publish any guidance issued under this section.”

This new clause would require the Secretary of State to issue guidance to the Child Maintenance Service to tackle the problem of abusers continuing economic abuse by withholding or reducing child maintenance payments.

New clause 32—Assessment and management of serial and serious domestic abuse and stalking perpetrators—

Within six months of the commencement of this Act, a Minister of the Crown must lay a report before both Houses of Parliament reviewing arrangements for assessing and managing the risk presented by serial and serious harm domestic abuse and stalking perpetrators.”

New clause 33—Monitoring of serial and serious harm domestic abuse and stalking perpetrators under MAPPA—

‘(1) The Criminal Justice Act 2003 is amended as follows.

(2) In section 325 (Arrangements for assessing etc risk posed by certain offenders) —

(a) in subsection (1), after ““relevant sexual or violent offender” has the meaning given by section 327” insert—

““relevant domestic abuse or stalking perpetrator” has the meaning given in section 327ZA;”;

(b) in subsection (2)(a), after “offenders” insert “(aa) relevant domestic abuse or stalking perpetrators,”.

(3) After section 327 (Section 325: interpretation) insert—

“327ZA Section 325: interpretation of relevant domestic abuse or stalking perpetrator

(1) For the purposes of section 325—

a person (“P”) is a “relevant domestic abuse or stalking perpetrator” if P has been convicted of a specified offence and meets either the condition in subsection (2)(a) or the condition in subsection (2)(b).

(2) For the purposes of subsection (1), the conditions are—

(a) P is a relevant serial offender;

(b) a risk of serious harm assessment has identified P as presenting a high or very high risk of serious harm.

(3) An offence is a “specified offence” for the purposes of this section if it is a specified domestic abuse offence or a specified stalking offence.

(4) In this section—

“relevant serial offender” means a person convicted on more than one occasion for the same specified offence; or a person convicted of more than one specified offence;

“specified domestic abuse offence” means an offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning defined in Section 1 of this Act;

“specified stalking offence” means an offence contrary to section 2A or section 4A of the Protection from Harassment Act 1997.

(5) Within six months of the commencement of this section, a Minister of the Crown must lay a report before both Houses of Parliament reviewing the interpretation of the term “relevant domestic abuse or stalking perpetrator” for the purposes of section 325.

(6) A report under subsection (5) must give specific consideration to arrangements for assessing and managing the risks of domestic abuse or stalking posed by perpetrators convicted of offences other than a specified offence.

(7) Subject to a report under subsection (5) being laid before both Houses of Parliament, a Minister of the Crown may by regulations amend this section.”

This new clause amends the Criminal Justice Act 2003, which provides for the establishment of Multi-Agency Public Protection Arrangements (“MAPPA”), to make arrangements for serial domestic abuse or stalking perpetrators to be registered on VISOR and be subjected to supervision, monitoring and management through MAPPA.

New clause 34—Threat to disclose private photographs and films with intent to cause distress—

In the Criminal Justice and Courts Act 2015, after section 13 insert—

“33A Threat to disclose private photographs and films with intent to cause distress

(1) It is an offence for a person to threaten to disclose a private sexual photograph or film of a person to whom they are personally connected without the consent of an individual who appears in the photograph or film if the threat is made to either—

(a) the individual who appears in the photograph or film, or

(b) another individual who is intended to tell the individual who appears in the photograph or film,

(2) But it is not an offence under this section for the person to threaten to disclose the photograph or film to the individual mentioned in subsection (1)(a).

(3) For the meaning of “consent” see section 33(7)(a).

(4) A person guilty of an offence under this section is liable —

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and

(b) (b) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine (or both).

(5) (5) For the purposes of this section, “personally connected” has the same meaning as in section 2 of the Domestic Abuse Act 2020.”

New clause 35—Duty to co-operate: children awaiting NHS treatment—

‘(1) The Commissioner must within 6 months after section 14 comes into force issue a request under that section to the NHS bodies in England mentioned in subsection (2) to co-operate with the Commissioner to secure that the objective set out in subsection (3) is met within 12 months after that section comes into force and continues to be met.

(2) The bodies are—

(a) every clinical commissioning group established under section 14D of the National Health Service Act 2006, and

(b) every other NHS body in England (as defined in section 14(7)) whose co-operation the Commissioner thinks is necessary to secure that the objective set out in subsection (3) is met.

(3) The objective is that where a child affected by domestic abuse has been referred for NHS care or treatment in the area (“Area A”) of a clinical commissioning group as a result of being so affected moves to the area (“Area B”) of another clinical commissioning group, the child receives that care or treatment no later than it would have been received in Area A.”

New clause 36—School admissions—

‘(1) The Secretary of State must, within six months after this section comes into force, secure that the school admissions code issued for England under section 84 of the Schools Standards and Framework Act 1998 (“1998 Act”) contains such provision as the Secretary of State considers necessary to achieve the objective set out in subsection (5).

(2) The Secretary of State must secure that the Commissioner is consulted about any proposed provision under subsection (1).

(3) The Welsh Ministers must, within six months after this section comes into force, secure that the Welsh Government school admissions code issued under section 84 of the 1998 Act contains such provision as the Welsh Ministers consider necessary to achieve the objective set out in subsection (5).

(4) The Welsh Ministers must secure that the Commissioner is consulted about any proposed provision under subsection (3).

(5) The objective is that—

(a) oversubscription criteria for admission to any school to which the school admissions code applies give the same priority to children falling within subsection (6) as to looked-after children (within the meaning of section 22(1) of the Children Act 1989), and

(b) the Code contains appropriate guidance about admission of children who have moved home to avoid domestic abuse or who are otherwise affected by domestic abuse.

(6) A child falls within this subsection if the child—

(a) is in the care of, or provided with accommodation by, a body exercising a function in respect of children affected by domestic abuse which, if the body were a local authority, would be a social services function of the kind mentioned in section 22(1)(b) of the Children Act 1989, or

(b) has moved home as a result of being affected by domestic abuse.”

Amendment 3, clause 1, page 1, line 15, after “abuse”, insert “(see subsection (4A))”

This amendment would provide the ability to further define specific abuse.

Amendment 25, page 2, line 3, after “that” insert

“, unless A believed they were acting in B’s best interest and the behaviour in all the circumstances was reasonable,”

This amendment is alternative to Amendment 1. It clarifies that economic abuse has to be unreasonable and not cover incidents of the withholding of money where it is intended to be in a person‘s best interest – e.g. someone caring for another or the partner of a gambling addict who gives consent. This amendment uses similar wording to the defence for controlling and coercive behaviour.

Amendment 1,  page 2, line 3, after “effect”, insert “without permission, consent, necessity or any other good reason”

The aim of this amendment would be to specify that economic abuse has to be deliberate and unreasonable not just the withholding of money, for example, with lawful authority or good reason – e.g. someone caring for someone or the partner of a gambling addict who gives consent etc.

Amendment 2,  page 2, line 5, leave out “acquire, use or maintain money or other property” and insert

“maintain their own money or personal property”

The aim of this amendment would be to specify that economic abuse must involve the person’s own money and not the lawful property of someone else.

Amendment 4,  page 2, line 6, at end insert—

‘(4A) “Psychological, emotional or other abuse” includes but is not limited to—

(a) parental alienation, false allegations of domestic abuse by A against B, or

(b) A deliberately preventing B having contact with their child or children for no good reason.”

This amendment gives specific examples of domestic abuse – parental alienation, false allegations of domestic abuse and the prevention of contact with a parent for no good reason.

Amendment 24,  page 2, line 6, at end insert—

‘(4A) “Psychological, emotional or other abuse” includes but is not limited to—

(a) parental alienation, or

(b) A deliberately preventing B having contact with their child or children for no good reason.”

This amendment is alternative to Amendment 4. It gives specific examples of domestic abuse – parental alienation and the prevention of contact with a parent for no good reason.

Amendment 5, page 2, line 6, at end insert—

‘(4B) “Parental alienation” is defined as a child’s resistance or hostility towards parent B which is not justified and is the result of psychological manipulation by parent A.”

This amendment defines parental alienation.

Amendment 6, page 2, line 7, leave out subsection (5)

This amendment removes the potential creation of two victims of a single act of abuse.

Amendment 7,  page 2, line 10, leave out subsection (6)

This amendment is consequential upon Amendment 6.

Amendment 11, clause 6, page 4, line 3, after “the” insert “objective”

This amendment aims to ensure there is no bias and that pre-conceived notions do not form part of the identification of domestic abuse process.

Amendment 12,  page 4, line 8, after “abuse” insert “;

(e) a gender-neutral approach to domestic abuse”

This amendment would recognise explicitly that domestic violence affects everyone regardless of their sex.

Amendment 13,  page 4, line 23, at end insert—

“(h) monitoring the estimated number of actual victims of domestic abuse compared to those prosecuted for such offences according to the sex of the victim and making recommendations to address any differences in outcomes between the sexes;”

This amendment would make sure that male and female perpetrators of domestic abuse are prosecuted in similar relative numbers.

Amendment 14,  page 4, line 23, at end insert—

“(i) monitoring the estimated number of actual victims of domestic abuse in same sex relationships by gender.”

This amendment would ensure that those in same sex relationships are separately monitored in line with the gender neutral approach to domestic abuse.

Amendment 40, clause 7, page 5, line 2, leave out “the Secretary of State” and insert “Parliament”

This amendment changes the provision enabling the Commissioner to report to the Secretary of State to one enabling the Commissioner to report to Parliament.

Amendment 41,  page 5, line 5, leave out subsections (3) to (5) and insert—

‘(3) The Commissioner must ensure that no material is included in the report which—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.

(4) The Commissioner must send a copy of any report published under this section to the Secretary of State.”

This amendment is linked to Amendment 40.

Amendment 15, clause 11, page 6, line 38, after “Board”)” insert

“through an open recruitment process”

This amendment would ensure that members of the Advisory Board are appointed via an open recruitment process.

Amendment 19,  page 7, line 7, after the first “of” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately representing the interests of male and female victims are appointed to the Advisory Board.

Amendment 46,  page 7, line 7, after “abuse” insert—

“in England;

“(aa) at least one person appearing to the Commissioner to represent the interests of victims of domestic abuse in Wales”

This amendment would require representation for domestic abuse victims in Wales, ensuring that both the interests of domestic abuse victims in England and Wales are equally addressed.

Amendment 20,  page 7, line 9, after “with” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately representing the interests of male and female organisations are on the Advisory Board.

Amendment 16,  page 7, line 11, leave out paragraph (c)

This amendment would remove the necessity for a representative of health care providers to be on the Advisory Board to make space for representatives of both male and female victims/groups.

Amendment 17, page 7, line 14, leave out paragraph (d)

This amendment would remove the necessity for a representative of social care providers to be on the Advisory Board to make space for representatives of both male and female victims/groups.

Amendment 44,  page 7, line 21, after “abuse” insert “;

(g) at least one person appearing to the Commissioner to represent the interests of charities and other voluntary organisations that work with victims of sexual violence and abuse that amounts to domestic abuse in England”

This amendment will add a representative of sexual violence and abuse specialist services in a domestic context to the Commissioner’s advisory board.

Amendment 18, page 7, line 24, leave out subsection (6)

This amendment is consequential upon Amendment 17.

Amendment 42, clause 13, page 8, line 16, leave out from “must” to “on” and insert “report to Parliament”

This amendment changes the requirement for the Commissioner to submit an annual report to the Secretary of State to a requirement to report to Parliament.

Amendment 43,  page 8, line 25, leave out subsections (3) to (5) and insert—

‘(3) The Commissioner must arrange for a copy of every annual report under this section to be laid before Parliament.

(4) Before laying the report before Parliament, the Commissioner must ensure that no material is included in the report which—

(a) might jeopardise the safety of any person, or

(b) might prejudice the investigation or prosecution of an offence.”

This amendment is linked to Amendment 42.

Amendment 21, clause 55, page 36, line 11, after the first “of” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately represent the interests of both male and female victims on the domestic abuse local partnership boards.

Amendment 22,  page 36, line 15, after “with” insert

“each of (a) male and (b) female”

This amendment would ensure that different people separately represent the interests of both male and female organisations on the domestic abuse local partnership boards.

Amendment 45,  page 36, line 22, after “area” insert “;

(h) at least one person appearing to the authority to represent the interests of charities and other voluntary organisations that work with victims of sexual violence and abuse that amounts to domestic abuse in its area”

This amendment adds a representative of Sexual Violence and Abuse specialist services in a domestic context to the Local Authority’s advisory partnership.

Government amendments 27 to 29.

Amendment 26, page 46, line 38, leave out Clause 64.

Amendment 8, clause 67, page 51, line 12, leave out paragraph (b)

This amendment is consequential upon Amendment 6.

Amendment 23,  page 51, line 15, at end insert—

‘(4) If it transpires that the local authority has been given incorrect information or that it has taken into account false allegations of domestic abuse as the basis for granting a tenancy, it must revoke the secure tenancy within 7 days of receiving this information by giving the tenant 28 days notice to quit in addition to passing on such information to the police, where they are not already involved, as soon as is practicable thereafter.”

This amendment makes provision for someone who has made false allegations of domestic abuse to lose the home they gained under these false pretences.

Amendment 35, clause 68, page 51, line 28, at end insert—

‘(2A) The Secretary of State must issue guidance under this section which takes account of evidence about the relationship between domestic abuse and offences involving hostility based on sex.

(2B) In preparing guidance under subsection (2A) the Secretary of State must require the chief officer of police of any police force to provide information relating to—

(a) the number of relevant crimes reported to the police force; and

(b) the number of relevant crimes reported to the police force which, in the opinion of the chief officer of police, have also involved domestic abuse.

(2C) In this section—

“chief officer of police” and “police force” have the same meaning as in section 65 of this Act;

“domestic abuse” has the same meaning as in section 1 of this Act;

“relevant crime” means a reported crime in which—

(a) the victim or any other person perceived the alleged offender, at the time of or immediately before or after the offence, to demonstrate hostility or prejudice based on sex,

(b) the victim or any other person perceived the crime to be motivated (wholly or partly) by hostility or prejudice towards persons who are of a particular sex, or

(c) the victim or any other person perceived the crime to follow a course of conduct pursued by the alleged offender towards the victim that was motivated by hostility based on sex;

“sex” has the same meaning as in section 11 of the Equality Act 2010.”

Amendment 47,  page 51, line 28, at end insert—

‘(2A) The Secretary of State must issue separate statutory guidance on domestic abuse that also constitutes teenage relationship abuse and such guidance must address how to ensure there are—

(a) sufficient levels of local authority service provision for both victims and perpetrators of teenage relationship abuse,

(b) child safeguarding referral pathways for both victims and perpetrators of teenage relationship abuse.

(2B) The guidance in subsection (2A) must be published within three months of the Act receiving Royal Assent and must be reviewed bi-annually.

(2C) For the purposes of subsection (2A), teenage relationship abuse is defined as any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse, which can encompass, but is not limited to psychological, physical, sexual, economic and emotional abuse, including through the use of technology, between those aged 18 or under who are, or have been in a romantic relationship regardless of gender or sexual orientation.”

This amendment would place a duty on the Secretary of State to publish separate statutory guidance on teenage relationship abuse. The statutory guidance would cover not just victims of teenage domestic abuse but extend to those who perpetrate abuse within their own teenage relationships.

Amendment 9,  page 51, line 30, leave out from “that” to the end of line 31 and insert

“victims and perpetrators of domestic abuse in England and Wales are both male and female.”

This amendment removes the sex specific reference to females, to include male victims of domestic abuse and reflect the fact that both men and women are perpetrators of domestic abuse.

Government amendment 30.

Amendment 10, page 51, line 31, after “female”, insert

“and this should in no way exclude male victims from the protection of domestic abuse legislation and services for survivors.”

This amendment is an alternative to Amendment 9.

Government amendments 36, 37, 31, 32, 38, 33, 34 and 39.

I wholeheartedly support everything that the Minister has said, but one additional factor that can make it more difficult for a victim of domestic violence to feel secure in this system is that they have had a brain injury which might not have been diagnosed. So all the anxiety, loss of memory and loss of executive function may be completely misunderstood by many other people around her. Is it not time that we made sure, as my new clause 13 would do, that all victims of domestic violence and abuse are screened for acquired brain injury?

The Minister is setting the scene very clearly regarding what is important and what we wish to see happening, and I congratulate her on that. The increase of this type of activity by some 11.6% on worldwide internet traffic has concerned me. This is not just about getting at people individually; it is also about getting at the people who are the drivers who make it happen. What has been done to ensure that those who buy into that system—some might do so inadvertently, but they none the less find themselves in a difficult situation—and who make it available and make it happen can be caught?

May I join the Minister in doing that? This issue has bedevilled criminal law cases going back to the 1920s and 1930s. The attempt in the past has been to fit appropriate legal protections within the framework of the Offences Against the Person Act 1861. It is particularly to be welcomed that we have now moved away from that rather antiquated straitjacket and have something that is fit for purpose. The work the Government and my hon. Friends have done is immeasurably important to legal practitioners, as well as to victims.

I welcome the points that the Minister has made on other topics, but on this one, if she wants to do further research and investigation why not just lift the provisions and requirements on no recourse to public funds in the meantime, until the research is completed and she has more information about what she wants to do next?

As the Minister has said, there is a lot of interest, not surprisingly, in wanting to take part in this debate. For the first four non-Government contributors, I will allow seven minutes, and thereafter the limit will be five minutes. Even with that, I am afraid not everybody is going to get in.

I thank my hon. Friend for that commitment and look forward to the consultation coming forward. It is important that we have the opportunity to look further at how these emergency regulations have worked during the period of covid and that we understand how they can assist women. I am sure that my right hon. and learned Friend the Lord Chancellor will say something about this in his closing comments. I do not know whether the appropriate place is via new legislation or via the consultation that my hon. Friend referred to, but there is clearly a real need for debate and for this House to be able to express its view and understand the issue thoroughly.

The hon. Member for Birmingham, Yardley (Jess Phillips) spoke with her usual forcefulness, and she will know that I have found common ground with much of what she said. I welcome her support for the broad direction of the Bill. I also welcome her comments about the need for us to find a mechanism to support migrant women who are the victims of domestic abuse. I have said this previously in the Chamber and I have no doubt that I will say it again. I vividly recall sitting around a table with my hon. Friend the Minister; my hon. Friend the Member for Charnwood (Edward Argar), who was then in the Ministry of Justice; the noble Baroness Williams, who I think was the Victims Minister; Southall Black Sisters and other charities; and the hon. Member for Birmingham, Yardley, who I always regard as an expert on these matters. There was consensus around the room that we have to find a way to treat the migrant victims of domestic abuse as victims first. I am sure that there are differences of opinion—as there were in the room that day—as to how we best do that. I very much hope that the pilot projects of which my hon. Friend the Minister has spoken will be able to provide us with the data that we need so that we can find a long-term, enduring solution to help, and help effectively, victims of domestic abuse who are here perhaps with no legal public funds or with insecure immigration status that means they are dependent on their partner for their right to be in the UK.

Whether it is the much-needed changes that are to be introduced in respect of the family courts—I welcome new clauses 16, 17 and 18—or other measures, it is crucial that we find a way to make our court system support the victims of domestic abuse. We must find a mechanism whereby it supports the children who might otherwise be obliged to come into contact with perpetrators. I welcome the fact that we are moving to a position wherein the legal process will no longer be able to perpetuate abuse.

My hon. Friend the Minister has worked hard on the Bill, and I welcome the changes that have been introduced. I commend her for having made such enormous progress. It has been a difficult journey for a Bill much delayed. We are not there yet, but I sincerely hope that our noble Friends in the other place do not delay the process much further. I commend my hon. Friend her for her very hard work.

I will come on to that; I thank the hon. Gentleman for his contribution.

I want to quote someone who works regularly with victims of domestic abuse. She says:

“This proposal in reality is actually a gift to male abusers who want their partners to abort.”

New clause 28 will not help abused women. It could put them in a worse position, and it is dysfunctional. I tabled amendments (a), (b) and (c) to illustrate that fact. I want to thank the hon. Member for Belfast East (Gavin Robinson) and my right hon. Friends the Members for Basingstoke (Mrs Miller) and for Gainsborough (Sir Edward Leigh) for underlining and accepting that. Amendments (a) and (b) address the fact that there is no 10-week gestation limit, which is potentially dangerous, and that this potentially includes surgical abortions outside clinically approved settings, which is similarly concerning. Amendment (c) relates to the vital need for some sort of review of the current emergency legislation before any extension of the legislation is brought forward. I thank the Minister for her proposal of a consultation. Will she confirm that it will be a proper inquiry?

I thank the Minister for that. On that basis, I will not press amendment (c) to a vote, and nor will I press amendments (a) and (b), because they have achieved their purpose, which was to point out the flaws of new clause 28.

Mr Speaker has—quite rightly, for constitutional reasons—ruled new clause 29 as out of scope. This is a domestic abuse Bill; it should not be hijacked by those continuously campaigning on another issue and constantly looking for opportunities in this place to add badly worded amendments to Bills with unforeseen implications and complications.

We have already seen the outcome of such an approach with the Northern Ireland (Executive Formation etc) Act 2019. This House should, I hope, be very wary of repeating that. I support the Government’s endeavours to tackle domestic abuse: let us ensure that that is the focus of this Bill.

If the approximately 3,630 women who we imagine might want to access this scheme a year breaches the £1.5 million that the Government have allocated, will the Government turn people away, or will they make more funds available?

Will the Minister give way?

Will the Minister give way?

rose—

The Minister knows perfectly well that I do not want to divide the House on my amendments, because I want the whole of the House to be supporting women who have suffered acquired brain injury. Will she simply guarantee that she will meet me and other Members of the group before this goes to the House of Lords so that we can clear up any misunderstandings there may have been?

May I ask the Minister to clarify her comments? Some people could interpret them to mean that the evidence not being there is a reason not to provide any service for some people, whereas some service might be provided for some people by the pilot. Can the Minister clarify that the Government will look at how they can give as much provision for as many people as possible until we are able to get the evidence to better target it going forward?

Will the Minister outline exactly why she thinks the new clause would give everyone indefinite leave to remain? That is certainly not the case, if I may speak so boldly. We are asking for limited leave to remain for a six-month period, with a view to making an application for indefinite leave to remain. Will the Minister just highlight that the Home Office, even in the case of spousal visas, still has every right to refuse indefinite leave to remain to anyone it likes?

Does the current system of domestic violence destitution and the DV rule guarantee indefinite leave to remain for those on spousal visas? If it were extended to other groups, surely they would live under the same rules.

Let me explain to somebody who may never have filled in a domestic violence destitution fund form or have had to apply the DV rule in this or any of its forms. The reality is that even if someone has a spousal visa, it does not guarantee them indefinite leave to remain. They still have to apply through every single one of the same rules through which they would ordinarily apply—unless the Home Office is changing the policy and saying that anyone who applies will automatically be given leave to remain. That is absolutely not my experience.

There is a problem when I stand here representing my experience of years in the field, and with masses of experience of immigration cases in my constituency—more, I feel safe in saying, than any hon. Member present, except perhaps the hon. Member for Cities of London and Westminster. It is very difficult when Ministers say that what I have experienced is not the case, or that all the victims who have given evidence—some of whom are our friends or family, and certainly our constituents—are wrong to say that the system does not work. There are lists of easements, but the reality on the ground is completely different. I understand what the Minister is saying and certainly what hon. Members want to see with regard to evidence gathering. Lord knows we live in a time when policy is made very quickly, and some people will prove that we needed better evidence for some of it. We live in interesting times. I have absolutely no doubt that that is what is required.

I do not see the point of a review if the evidence is not taken up by the Home Office. Even if all the evidence pointed the other way, I cannot see that the Home Office would come up with a different argument. The desire of all of us for the evidence is a sort of moot point. We are trying in this Bill to protect victims of domestic violence—it’s literally what it says on the tin.

I think it is. I do not get any uptick in sticking up for this group of people because migrant communities are not allowed to vote. People have seen a problem and they are trying to fix it. It is as simple as that. On the issue of leave to remain, I hear what—

Okay. That is absolutely fine. I was about to say to the Minister that I hear what she says about the concern that we might let a few too many in the country. I will take the issue up on Third Reading and speak about it every day until we get to Report and I will ensure that people speak about it in the Lords.

The Minister has probably never taken a call in a refuge and had to tell someone that they could not come because they had no recourse. She can say that I speak with my heart and not my head, but I have had to use my head to turn women away. I have had to have women’s children removed from them.

I do not act as an emotional being; I am emotional about the right thing to do. We are here to protect victims of domestic violence. We do not expect to ask them which countries they have travelled from when they present. I will take away what the Minister says about possible confusion. The amendments that will be laid before the House will be clear that, just as for those on spousal visas, there is no guarantee whatever of indefinite leave to remain, as the Minister well knows, in the scheme.

In fact, not everybody gets indefinite leave to remain. The data collected centrally is widely available. All we ask is that for a period everybody will be able to access support and be given a fair chance to make an immigration application. It is as simple as that. I do not want to stand here and let it pass. The point still stands whether we want to call them illegal or whether we want to talk about which particular visa they might have. If anyone does not have asylum accommodation in their constituency, they are free to come to mine to see whether they would like to put victims of domestic violence in it. It’s really cracking.

There will be people exactly as I have outlined. It does not matter what sort of visa they are on. As I have said, there will be people who we come across every day to whom we are currently saying, “This Bill isn’t for you. This Bill doesn’t help you; I am sorry you got beaten up, but you are on your own.” That is the reality of this law, until it is changed. I will do everything I can to change it and I have a better chance of doing that in front of the whole House—either this one or the other place. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 30

Use of bail in domestic abuse cases

“(1) Section 34 of the Police and Criminal Evidence Act 1984 (limitations on police detention) is amended as follows.

(2) In subsection (5)(a) for the word “applies” substitute “or subsection (5AB) applies”.

(3) In subsection (5)(b) for the word “applies” substitute “or subsection (5AB) applies”.

(4) In subsection (5A) insert after the words “applies if”, “subsection (5AB) does not apply and”.

(5) After subsection (5A) insert—

“(a) This subsection applies if—

(i) it appears to the custody officer that there is need for further investigation of any matter in connection with which the person was detained at any time during the period of the person‘s detention; and

(ii) the offence under investigation is an offence that amounts to domestic abuse as defined in section 1 of the Domestic Abuse Act 2020;

(b) save that the person shall be released without bail if the custody officer is satisfied that releasing the person on bail is not necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed and to the importance of protecting the complainant);

(c) before making a determination to release without bail or a determination as to any conditions of bail to impose, the custody officer shall conduct an assessment of the risks posed by not releasing the person on bail (including, in particular, to the complainant);

(d) before making a determination of a kind referred to in paragraph (c) the custody officer must inform—

(i) the person or the person’s legal representative and consider any representations made by the person or the person‘s legal representative; and

(ii) the complainant or the complainant’s representative and consider any representations made by the complainant or the complainant’s representative; and

(e) an officer of the rank of inspector or above must authorise the release on bail (having considered any representations made by the person or the person’s legal representative and by the complainant or the complainant’s representative).””.—(Peter Kyle.)

This new clause reverses the presumption against use of bail in the 2017 Act for these categories of offences, and introduces a risk assessment with prior consultation with the parties.

Brought up, and read the First time.

Good afternoon, Mr Bone. These two new clauses concern how bail is used in domestic abuse cases as a result of the changes to the bail regime as enacted in the Policing and Crime Act 2017.

As reported in the Joint Committee on the Draft Domestic Abuse Bill, the Policing and Crime Act 2017 restricted the length of pre-charge bail to 28 days in most circumstances and mandated that extensions could be authorised by police officers, but only if the officer authorising the extension had reasonable grounds for believing the investigation was being made “diligently and expeditiously.” That was a legislative response to cases such as that of broadcaster Paul Gambaccini who was repeatedly released on bail for more than a year while being investigated, but then subsequently cleared of all charges and not charged with anything at all.

We can contrast the scrutiny that that Bill received with that on this Bill, as it was reported to the Joint Committee that

“the consultation prior to the 2017 bail reforms did not hear from any women’s organisations, or victims’ groups, and that only policing bodies, organisations representing suspects and defence lawyers participated.”

Though well-meaning and made in response to a legitimate cause where pre-charge bail had been misused, the changes have had a devastating impact on victims of domestic abuse, as the police have drastically reduced the use of bail for perpetrators accused of rape and domestic violence, which has put survivors at an increased risk, as the alleged offender is being released without any conditions. That point was reinforced in the Joint Committee by Deputy Chief Constable Louisa Rolfe of the National Police Chiefs’ Council, who agreed that,

“the reduction in pre-charge bail in domestic abuse cases had been significant”

and, more worryingly, told the Committee,

“that it could be difficult to convince a judge of the need for bail when a case progressed to court or if he or she had not been on police bail.”

A 28-day initial grant of bail is simply not enough time for an already stretched police force to gather the plethora of evidence needed in most domestic abuse cases. In evidence to the Joint Committee, Deb Smith of the Police Superintendents Association said:

“To get a charge on a domestic abuse case, there clearly has to be a significant amount of evidence gathered. That is almost always going to be nigh-on impossible in the first 28 days, even if somebody is released on bail. Then obviously we go to the superintendent’s extension for the three months, and even that is a challenging timeframe in which to get all the evidence required to satisfy a charge—third-party material, mobile phone records and so on.”

Once again, I find myself quoting the safeguarding Minister, because she herself admitted that, in the case of pre-charge bail:

“It is almost as though the pendulum has swung the other way, and we need to get it back in the middle by ensuring that for cases where it is appropriate to go beyond 28 days, people are being released on pre-charge bail with conditions as necessary and proportionate.”

It is encouraging that the Government have admitted faults with the current regime and I acknowledge that change has been promised, with a preliminary consultation on proposals for reviewing pre-charge bail legislation having just closed on 29 May. However, considering the opportunity offered by the Domestic Abuse Bill—it is right here before us and we know what the problem is—I do not think survivors and people at risk should have to wait for a possible police protection and powers Bill for the changes to appear.

I hear the Government’s argument that there are risks associated with making piecemeal changes to the Police and Criminal Evidence Act 1984 through the Domestic Abuse Bill. However, the way in which the changes in the 2017 Act have affected domestic abuse victims must be restated. The Government’s own figures show that in the first three months of the new law, use of bail conditions in domestic abuse cases dropped by a staggering 65%.

New clause 30 would reverse the general presumption against bail and require a risk assessment by officers in cases where there are allegations of domestic abuse on the impact of imposing or not imposing bail. It strongly mirrors the Home Office’s proposals on pre-charge bail and would therefore not conflict with the eventual legislative outcome of the wider Home Office review.

New clause 31 is a simple amendment that would extend the initial bail period in domestic abuse cases from 28 days to three months. We know from the police’s testimony to the Joint Committee that the 28-day limit is particularly problematic in domestic abuse cases. Increasing it to three months would reduce the burden of bureaucracy created by bail extensions in domestic abuse cases and make bail a more workable tool for the police. It would avoid the situation that currently arises, where bail is lifted after 28 days and victims find it difficult to obtain a non-molestation order without a recent incident, leaving them without any protection at all. Three months on bail is very different from the indefinite bail that existed before the 2017 Act, so the new clause would address the legitimate concerns that led to that legislation being enacted.

I urge Ministers to consider both new clauses in the context of the immediate relief they could offer domestic abuse survivors. It is reassuring that the Minister committed to the inclusion of victims of domestic abuse in the statutory guidance, but I urge Members to take advantage of the opportunity we have before us. We know that we are heading into a period when both Houses of Parliament will be gridlocked with legislation. Despite the potential extension of the parliamentary terms and revocation of recesses, we are heading into a period when the House will be jam-packed with legislation. As we head towards 31 December and our leaving the European single market and customs union, it is certain that next year will be an even heavier legislative period than this one. We have a Bill in front of us, we know what the problem is and there is a simple solution—please, Minister, do not make us wait.

On risk, the new clause seeks to amend the Bill to ensure that a proper risk assessment is done. Somebody in a case involving me was recently released under investigation, and no risk assessment of my safety was done.

I need to put something on the record. It is always ideal to look at these matters in the round, in the holistic way that the Minister mentions. However, when we see an attack in public, outside, suddenly the Government find the ability to review things, such as early release programmes, and to introduce very specific pieces of piecemeal legislation, if I may describe them in those terms. The Bill is before us. We cannot wait any longer. We believe that every life matters, and we think the fact that victims out there feel threatened by this should be power enough to force a specific change here until we get that holistic report and legislation that she seeks.

At the risk of sounding like a one-trick pony, I want to talk about some of my experience in court, touching on some things that we have just been speaking about, or that will be referred to later when the hon. Member for Hove speaks again about court.

My experience is that magistrates consistently deal with difficult cases. It is difficult to balance the rights of a victim and the rights of a defendant. I have not talked much about defendants, but it is true that we see a lot of defendants who have terrible stories to tell. In my maiden speech, I said that being a magistrate had changed my perspective on the world, because I had never seen the kinds of lives that were coming up in front of me, and not just of the victims but of the defendants.

I told the story of a boy who walked in on my first day, when I was still being mentored. He was 18 and it was his first appearance in an adult court. He looked about 10—he was tiny—and he was grey. I said to my mentor, “God, he can’t be in this court, surely,” and they said, “No, I know him from the family courts.” He was malnourished because his parents were drug addicts and he was never fed properly. He was grey because he was malnourished and he had been injected with heroin to keep him quiet as a child. But he had burgled an elderly couple’s house. There are lots of victims in a courtroom and it almost does not matter where they are sitting. It is a constant battle as a magistrate to weigh up the rights of the defendant and the rights of the victim.

That touches on bail, which is an unpopular thing to talk about in court, because in some ways everyone is a threat and everyone can go on to do nasty things to nice people, but magistrates have to weigh up the right of habeas corpus—the right of a defendant to have liberty until he has been convicted of a crime. That is really difficult to weigh up, because it involves thinking about the risks to the victim, the defendant’s right to liberty and the presumption of innocence.

That is why the holistic approach that the Minister is talking about is important, because it will touch on not just domestic abuse cases, but the precedents and the impact that has on the court system and the rights of defendants in the court system. The hon. Member for Hove mentioned the pendulum, which it is important to get right. I think the more holistic approach is genuinely the right way to go on that.

I beg to move, That the clause be read a Second time.

This new clause arose out of cases that occurred a number of weeks ago, which highlighted something frightening. Specialist domestic violence refuges have supported hundreds of thousands of people over many years. They are life-saving, provide sanctuary, and are established specifically to meet the needs of women and children who need refuge. In most cases, the confidentiality of a refuge is crucial for the safety and wellbeing of those who stay there, and I cannot express to Members how seriously refuges take their confidentiality. Every single person who lives in a refuge signs a licence agreement that says that if they tell somebody, they have to leave, and enforcing that rule when it is broken is heartbreaking.

The Bill offers a golden opportunity to ensure that there is legal clarity about the nature of refuge provision, including the key elements that are necessary to preserve their integrity. At present, it is not explicitly clear that refuge residential addresses and the identity of those who work for a refuge must remain confidential, so that must change. Service of family court orders on families in refuges, particularly location orders, is often applied for by fathers when mothers and children have fled the family home to refuges following allegations of domestic abuse. The family courts use tipstaffs and the police to locate the mother and children in refuges, even though the address of those refuges is not publicly available.

Once they are located, the refuge is usually ordered to provide its address directly to the court to facilitate the service of court orders on mothers. Often the court order explicitly names the refuge and its manager, which is intimidating and could result in them becoming identified. Family courts usually order the police to attend the refuge’s residential address to serve the order on the mother. This causes upset, anxiety and distress to the mother who is served with a court order, and to the other women and children living in the refuge, who have reported feeling retraumatised by the process. Women who experience a number of intersectional inequalities, such as race, language barriers and insecure immigration status, have reported receiving a heavy-handed response from the police, being unable to understand what the police are saying, and feeling that they are being treated as criminals.

In at least one case that I have heard of in the past few weeks, a mother and child were located and stalked as a result of their refuge’s residential address being disclosed to the court. They had to move to two different refuge addresses, and then the father abducted the child and took them abroad. In another case, the police served a family court order on a vulnerable mother who does not speak English and sought safety with her two children. The mother found the experience degrading and humiliating. Concerns arose in that case that the father had discovered the family’s location, and as such the mother and children had to be moved on to another location.

It is acceptable that family court orders must be served on mothers, but the current family judicial practice is not acceptable, as it breaches women and children’s rights to a safe family life and a private life under article 8 of the European convention on human rights. The approach adopted by family courts is haphazard and inconsistent, with much depending on the judge’s approach to the case before them. Many judges have had no training on domestic abuse.

The situation I have outlined could easily be avoided by ensuring that refuge addresses are always confidential and that family court orders are served by alternative means, as per the family procedure rules 2010. A simple amendment to those rules would ensure that a consistent approach is adopted by all family judges. If such an amendment is not made, the same poor practice will continue.

It is imperative that this situation is addressed urgently, before irreparable harm is caused. I have therefore tabled this new clause, to prevent the service of family court orders at refuge residential addresses, and to ensure that refuge residential addresses and the identity of refuge workers remain confidential.

I will withdraw the new clause, and I am heartened by the fact that the hon. Member for Cheltenham, who is no longer in his place, has spoken to the divisional lead in the family court. This is one of those situations where there may very well be regulations in place to allow the outcomes we want, but something is still going wrong, and an assessment and a change in this area is needed.

I understand the deep concerns that the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle, has needing to think through the potential for harm to come to a child, although I would argue that, in refuge services, there would be somebody there in the vast majority of cases. There are quite strict and stringent safeguarding measures in place in refuges to ensure that children come to no harm. However, I am pleased to hear what she said and will speak to the other Minister about it another time, when he is not debating the Divorce, Dissolution and Separation Bill. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 33

Reasonable force in domestic abuse cases

‘(1) Section 76 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In subsection 76(5A) after “In a householder case” insert “or a domestic abuse case”.

(3) In subsection 76(6) after “In a case other than a householder case” insert “or a domestic abuse case”.

(4) After subsection 76(8F) insert—

“(8G) For the purposes of this section “a domestic abuse case” is a case where—

(a) the defence concerned is the common law defence of self-defence;

(b) D is, or has been, a victim of domestic abuse;

(c) the force concerned is force used by D against the person who has perpetrated the abusive behaviour referred to at subsection (8G)(b);

(d) subsection (8G)(b) will only be established if the behaviour concerned is, or is part of, conduct which constitutes domestic abuse as defined in sections 1 and 2 of the Domestic Abuse Act 2020, including but not limited to conduct which constitutes the offence of controlling or coercive behaviour in an intimate or family relationship as defined in section 76 of the Serious Crime Act 2015.”

(5) In subsection 76(9) after “This section, except so far as making different provision for householder cases” insert “and domestic abuse cases”.’ —(Peter Kyle.)

This new clause seeks to clarify the degree of force which is reasonable under the common law of self-defence where the defendant is a survivor of domestic abuse.

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

The new clause seeks to provide domestic abuse survivors the same legal protection that householders have in cases of self-defence. Householders have a legal protection when they act in self-defence against an intruder, but no such protection is available to survivors acting in self-defence against their abuser. At its base, just think what that means: we are able in law to defend ourselves, to a defined threshold, against people who enter our homes and cause us harm, but we are unable to have the same defence against people who already live in the home and seek to cause the same harm. The new clause seeks to rectify that imbalance.

Common-law defences are outdated and ill fitting in the context of domestic abuse, leaving survivors with no effective defence. The Bill presents an opportunity to modernise the law by ensuring that the available legal defences reflect the improved public understanding of domestic abuse. This issue gained prominence with the case of Sally Challen last year, who had her murder charge for the hammer attack she inflicted on her husband downgraded to manslaughter in recognition of the effect of decades of coercive control that she had endured. That judgment reflects our new understanding of how domestic abuse can effect survivors and lead to offending behaviour, so it is only right that the Domestic Abuse Bill recognises this.

Evidence from the Prison Reform Trust shows that the common-law defence of self-defence is difficult to establish in cases of violent resistance by a survivor of domestic abuse against their abusive partner or former partner, as a jury may well conclude that the response was disproportionate without taking into account the long history of abuse. The self-defence proposal would make it easier for victims and survivors to establish that they were acting in self-defence, providing them with an equivalent protection to those using force against an intruder into their home. This is a really important distinction: all we are asking for is the same threshold to be allowed against people perpetrating violence from within the home as that allowed against people perpetrating violence who enter the home.

The definition is also now successfully established in statute. Section 76 of the Criminal Justice and Immigration Act 2008 is the basis for the new clause. Subsection (5A) allows householders to use disproportionate force when defending themselves against intruders into the home. It provides that, where the case involves a householder,

“the degree of force used by”

the householder

“is not to be regarded as having been reasonable in the circumstances as”

the householder

“believed them to be if it was grossly disproportionate”.

[Interruption.] I believe I am being heckled by Siri—I think I might have either turned someone’s lights on or off or ordered their shopping. A householder will therefore be able to use force that is disproportionate, but not grossly disproportionate. A CPS guideline states:

“The provision does not give householders free rein to use disproportionate force in every case they are confronted by an intruder. The new provision must be read in conjunction with the other elements of section 76 of the 2008 Act. The level of force used must still be reasonable in the circumstances as the householder believed them to be (section 76(3)).”

In deciding whether the force might be regarded as disproportionate or grossly disproportionate, the guideline states that the court

“will need to consider the individual facts of each case, including the personal circumstances of the householder and the threat (real or perceived) posed by the offender.”

The new clause would add the same provision and that same test of proportionality of force to cases of domestic abuse.

The Government have gone to great lengths to consider the different forms that domestic abuse can take, but there is not the same recognition of the criminal acts that can result from that abuse. We will go on to discuss the need for statutory defence further, but the new clause would go some way to addressing a difficulty survivors can have in court currently in self-defence cases.

The current Secretary of State was instrumental in providing the increased protection for householders when she was a Back Bencher. The coalition Government put forward their self-defence amendment for householders with the following comments by Lord McNally:

“All we are saying is that if householders act in fear for their safety or the safety of others and in the heat of the moment use force which is reasonable in the circumstances but seems disproportionate when viewed in the cold light of day, they should not be treated as criminals. Force which was completely over the top—grossly disproportionate, in other words— will still not be permitted.”—[Official Report, House of Lords, 10 December 2012; Vol. 741, c. 881.]

The new clause would see the Government apply the same sympathy and understanding to domestic abuse survivors that that Act provides in those situations.

This may well be probing the bounds of my knowledge of legal expertise, but am I right in saying that, should the protection be defined in law, the Crown Prosecution Service, prosecutors and law enforcement agencies would take that into account before getting to court? Putting this on the face of the Bill could well save survivors of abuse from the process of going to court in the first place.

I will withdraw the motion because I believe that other people will want to interrogate this matter in greater detail at other stages of the Bill. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New clause 34

Proceedings under the Children Act 1989

“Proceedings under the Children Act 1989

‘(1) Part I of the Children Act 1989 is amended as follows.

(2) In section 1 (the welfare of the child) after subsection (2B) insert—

“(2C) Subsection (2A) shall not apply in relation to a parent where there has been domestic abuse which has affected the child or other parent.

(2D) Evidence of domestic abuse may be provided in one or more of the forms set out in regulation 33(2) of the Civil Legal Aid (Procedure) Regulations 2012.”

(3) Part II of the Children Act 1989 is amended as follows.

(4) In section 9 (restrictions on making section 8 orders) after subsection (7) insert—

“(8) No court shall make a section 8 order for a child to spend unsupervised time with or have unsupervised contact with a parent who is—

(a) awaiting trial, or on bail for, a domestic abuse offence, or

(b) involved in ongoing criminal proceedings for a domestic abuse offence.

(9) In subsection (8)—

“unsupervised” means where a court approved third party is not present at all times during contact with the parent to ensure the physical safety and emotional wellbeing of a child;

“domestic abuse offence” means an offence which the Crown Prosecution Service alleges to have involved domestic abuse.’”—(Peter Kyle.)

This new clause seeks to change the presumption that parental involvement furthers the child’s welfare when there has been domestic abuse. It also prohibits unsupervised contact for a parent awaiting trial or on bail for domestic abuse offences, or where there are ongoing criminal proceedings for domestic abuse.

Brought up, and read the First time.

Definitely not, Mr Bone; I checked with all those involved in the case, and it is done—worry not. I have just been sending wild WhatsApp messages to that very effect. Also, I shall not mention anybody’s names or those of the courts.

The allegations were that the father had exposure his genitals to his daughter and that he had been sucking her toes and fingers while she was asleep. The judge said that if the father stopped doing this he could continue to have unsupervised contact with his daughter. The judge commented that when he was a barrister he had successfully ensured that a convicted paedophile could have unsupervised access to his children. The mother tried to tell the judge that the father has a history of domestic abuse, but the judge replied that she did not look like a victim of domestic abuse. He said that the father’s behaviour sounded more like a man losing his temper, rather than domestic violence. The judge dismissed the request for supervised contact between father and daughter.

In January 2020, allegations were made about the father’s sexual assault on his daughter. A criminal investigation into child sexual exploitation is ongoing but unsupervised contact is still ordered. This woman has no legal representation. She is not eligible for legal aid due to the means test. She has joint property ownership but no financial means to instruct a solicitor. Solace has described the severe impact this has had on the survivor: a complete distrust of the justice system—she felt like she was the one on trial even though she was there as the survivor and a mother trying to protect her daughter from her predatory father. She was met with disdain and not believed, whereas the father was met with sympathy.

I am almost certain that the Minister will refer to—the hon. Member for Cheltenham would have referred to it—practice direction 12J, which is meant to deal with this so that it does not happen in courts. It is routinely ignored in many cases. In this example, where presumption overrules even the child’s best interests, it is clear that there is a serious problem in our current system.

As the Minister expects, I will withdraw the new clause, because we do want to assess that. We want to ensure that this issue gets as much debate between us as possible before the next stage, as well as at the next stage and beyond. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 37

Victims of domestic abuse: data-sharing for immigration purposes

“(1) The Secretary of State must make arrangements to ensure that personal data of a victim of a domestic abuse in the United Kingdom that is processed for the purpose of that person requesting or receiving support or assistance related to domestic abuse is not used for any immigration control purpose without the consent of that person.

(2) The Secretary of State must make arrangements to ensure that the personal data of a witness to domestic abuse in the United Kingdom that is processed for the purpose of that person giving information or evidence to assist the investigation or prosecution of that abuse, or to assist the victim of that abuse in any legal proceedings, is not used for any immigration control purpose without the consent of that person.

(3) Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to the personal data to which subsection (1) or (2) applies.

(4) For the purposes of this section, the Secretary of State must issue guidance to—

(a) persons from whom support or assistance may be requested or received by a victim of domestic abuse in the United Kingdom;

(b) persons exercising any function of the Secretary of State in relation to immigration, asylum or nationality; and

(c) persons exercising any function conferred by or by virtue of the Immigration Acts on an immigration officer.

(5) For the purposes of this section—

“consent” means a freely given, specific, informed and unambiguous indication of the victim or witness, by an express statement of that person signifying agreement to the processing of the personal data for the relevant purpose;

“immigration control purpose” means any purpose of the functions to which subsection (4)(ii) and (iii) refers; “support or assistance” includes the provision of accommodation, banking services, education, employment, financial or social assistance, healthcare and policing services; and any function of a court or prosecuting authority;

“victim” includes any dependent of a person, at whom the domestic abuse is directed, where that dependent is affected by that abuse.”—(Jess Phillips.)

This new clause would require the Secretary of State to make arrangements to ensure that the personal data of migrant survivors of domestic abuse that is given or used for the purpose of their seeking or receiving support and assistance is not used for immigration control purposes.

Brought up, and read the First time.

I take on board what the Minister is saying, but I keep coming back to the fact that a crime has taken place: it is domestic abuse; it is violence against women. We are making it difficult for the authorities to act in a lot of cases by making the victim afraid of coming forward and we are not identifying people who are a danger, and not just to those women but to others.

I do not doubt the Minister’s sincerity in wanting to ensure that this matter is sorted out. She invoked the public, and she is right that the public would expect people to live within the rules. However, I think if we asked the general public, “Would you rather a rapist was not reported or that somebody got to stay in the country a bit longer?”, they would be on the side of ensuring that crimes are properly investigated and that people come forward to help deal with those crimes.

All I am trying to do is send a clarion call to victims: “You will be safe and you will be supported if you come forward.” All we are ever trying to do in the field of domestic abuse is to increase the number of people who come forward. That is why we would never ever criticise when domestic abuse figures go up, although it would be easy to use it as a blunt tool and do that; in fact, we all celebrate the idea that more people are coming forward. That is all I seek to do with the new clause. I do not doubt that the Minister agrees and wishes to ensure that that is always the case.

What I would ask, as the situation is reviewed and as we work with the NPCC, is for some sort of evidence—once again, we are calling for an evidence base—that when these matters are passed on to immigration control, it is less about enforcement and more about safeguarding. I am sure that, over a period of time, that data could be collected.

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 42

Joint tenancies: removal of a tenant

“(1) This section applies where there are two or more joint tenants under a secure or assured tenancy and the landlord is a local housing authority or a private registered provider of social housing.

(2) If one joint tenant (“A”) has experienced domestic abuse from another joint tenant (“B”) then A may apply to the county court for an order B is removed as a joint tenant.

(3) For the purposes of subsection (2) it sufficient that the domestic abuse was directed at A or to anyone who might reasonably be expected to reside with A.

(4) On such an application, the court must take the following approach—

(a) the court must be satisfied that the tenancy is affordable for A, or will be so within a reasonable period of time;

(b) if the court is so satisfied, then—

(i) if B has been convicted of an offence related to domestic abuse as against A or anyone who might reasonably be expected to reside with A, the court must make an order under this section;

(ii) if B has been given a domestic abuse protection notice under section 19, or a domestic abuse protection order has been made against B under section 25, or B is currently subject to an injunction or restraining order in relation to A, or a person who might be reasonably expected to reside with A, the court may make an order under this section.

(c) for the purposes of subsection 4(b)(ii), the court must adopt the following approach—

(i) if B does not oppose the making of such an order, then the court must make it.

(ii) if B does oppose the making of such an order then it is for B to satisfy the court that – as at the date of the hearing - there are exceptional circumstances which mean that the only way to do justice between A and B is for the order to be refused.

(d) if the application does not fall within subsection (b), then the court may make such an order if it thinks it fit to do so.

(5) Where A has made such an application to the court, any notice to quit served by B shall be of no effect until determination of A’s application or any subsequent appeal.

(6) Notwithstanding any rule of common law to the contrary, the effect of an order under this section is that the tenancy continues for all purposes as if B had never been a joint tenant.

(7) For the purposes of this section, an “offence related to domestic abuse” means an offence that amounts to domestic abuse within the meaning of section 1 of this Act.

(8) In section 88(2) Housing Act 1985, after “section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, &c.)” insert “, or section [Joint tenancies: removal of a tenant]Domestic Abuse Act 2020,”.

(9) In section 91(3)(b) Housing Act 1985, after subsection (iv), add “(v) section [Joint tenancies: removal of a tenant] Domestic Abuse Act 2020.

(10) In section 99B(2) of the Housing Act 1985 (persons qualifying for compensation for improvements) paragraph (e), after subsection (iii) add “(iv) section [Joint tenancies: removal of a tenant] Domestic Abuse Act 2020.””—(Jess Phillips.)

This new clause would facilitate occupiers of social housing removing one joint tenant from the tenancy agreement where there has been domestic violence. The tenancy would then continue (so preserving existing rights). The court must be satisfied that the applicant can or will be able to afford the tenancy.

Brought up, and read the First time.

No, they absolutely are carrying out their statutory duty, but the statutory duty is only about refuge—unlike the statutory guidance regarding servicemen and women, which is that they are allowed to move without local connection, recognising that base life does not necessarily mean that they are based in a place, so they might not have a local connection, as well as tipping the hat to people who deserve a break when they are presenting to homelessness services. It is essentially the same thing—recognition that people living in certain circumstances might need extra help. I am sure the hon. Lady does not wish to be political about this, but I could list lots of Tory councils that turn away victims of domestic abuse, and many that have no current provision for refuge, but send their victims to a neighbouring local authority; that is not uncommon. The way some councils choose to fund this is to fund it elsewhere, which I think is problematic and will certainly be furthered by the new statutory duty.

The Government will pay for this statutory duty, which may lead to people having to present to homelessness teams in different areas when they do not have a connection to the local area. That is the problem I am trying to overcome. Together, the new clauses will help to ensure that all women and children fleeing domestic abuse can access safe housing where and when they need to. I urge colleagues to support new clauses 43 and 44 to bar local authorities from imposing dangerous local connections restrictions on survivors of domestic abuse.

It seems almost unfair on the Minister that I get the last word on a Bill that she introduced, but that is the system. I welcome what she said, and I will take up that issue with the Under-Secretary of State for Justice, the hon. Member for Cheltenham, and with the Prison Reform Trust.

I am very interested in—but unsurprised about—the idea that, in the Modern Slavery Bill, there is potential to say, “You are going to get away with it,” without recognising that what we are talking about here is mostly minor crimes—nothing that causes harm to others, no sexual abuse and no domestic abuse. However, it is very much the case that in patterns of abuse, people end up abusing other people. That is a complex area and we want fairness both for those who are accused and for those who are suffering. I will withdraw the new clause, and everybody can finally be done with the millions of amendments. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Diolch yn fawr, Ms Buck. It is my pleasure to speak to new clause 13, which outlines the need for more stringent housing support for those fleeing domestic abuse in their current households. Colleagues may recall—I certainly will not forget it, and will be dining out on it for a while—that last week the Minister kindly coronated me as the princess of Wales. I was most flattered by the proclamation and make no apologies for speaking up for people across Wales. I plan to use my new-found royal status to ensure that the voices of Welsh victims of domestic abuse are heard and protected in the Bill.

We all know that with great royal power comes great responsibility. I will be using my voice today to focus on themes that are relevant across the board in England. It is clear that domestic abuse has no boundaries; it does not care what nation you are from or what language you speak. It is imperative that we ensure that collaborative working between both nations covered by the Bill can continue if we are to strengthen the spirit of the Union.

I am delighted to speak to new clause 13. I pay tribute to the hard work of my colleague the hon. Member for Bermondsey and Old Southwark for prioritising the housing needs of survivors of domestic abuse. Sadly, he is unable to join us today, and I know that all Committee members wish him well.

The Government’s change of heart following the brilliant campaign by the all-party parliamentary group for ending homelessness is a welcome step, and these changes will undoubtedly save lives. The campaign was supported by MPs across the House, and a number of organisations in the domestic abuse sector were involved. I hope that colleagues will afford me the opportunity to list the organisations that played a vital role and that are standing together against domestic violence: Crisis, Women’s Aid, Refuge, the Domestic Abuse Housing Alliance, St Mungo’s, Surviving Economic Abuse, Shelter, Homeless Link, Depaul, Centrepoint, Hestia, Changing Lives, the Chartered Institute of Housing, The Connection at St Martin-in-the-Fields, and Latin American Women’s Aid.

It is clear that in England there is a gap in the support offered to those fleeing domestic abuse. These are very real people who are making the brave and bold decision to flee from an unsafe household. We must remember that, because it can be easy to lose sight of that as we sit in this place and discuss the technicalities of the Bill. They should be our priority, but the current system is failing them.

Research by the APPG last year showed that nearly 2,000 households fleeing domestic abuse each year in England are not provided with a safe home, because they are not considered to be in priority need for housing. Colleagues may be aware that during the APPG’s inquiry into domestic abuse and homelessness in 2017, there was clear evidence that local authorities in England were consistently failing to provide people fleeing domestic abuse with the help they need.

I was particularly concerned to read about the vulnerability test being used as a gatekeeper tool by local councils across England. I am pleased that we will now be able to reverse that trend and provide those who are fleeing domestic abuse with a real opportunity to rebuild their lives, yet the amendment still does not go far enough. Despite initial informal commitments from the Ministry of Housing, Communities and Local Government to adopt the APPG’s amendment word for word, there are now some key differences in the final amendment, which could undoubtedly lead to some domestic abuse victims in England who require housing support falling through the cracks.

The APPG’s amendment would ensure that anyone in a household who applies for homelessness assistance in England due to domestic abuse would qualify for automatic priority need and have a legal right to a safe, permanent home. It is extremely disappointing that the wording of the Government’s amendment means that survivors would be required to physically make the application for homelessness assistance themselves in order to receive automatic priority need. Both the domestic abuse and homelessness sectors have expressed concern that the Government’s amendment fails to guarantee adequate protection to survivors of domestic abuse.

Colleagues will be aware that a note from the APPG, containing more information, was circulated to Committee members recently. I am aware that the hon. Member for Harrow East (Bob Blackman), in his capacity as co-chair of the APPG, recently wrote to Ministers and received a reply indicating that the Government do not intend to change their position on this. The Government response states:

“Allowing a member of the household to make the application could allow a perpetrator to manipulate the situation and frame themselves as the ‘new partner’, using the victim to obtain accommodation for their own gain and allow the abuse to continue.”

However, the domestic abuse sector does not agree.

The APPG’s amendment makes it clear that priority need status for settled housing can be guaranteed regardless of whether the homelessness application is made directly by someone in the household who is experiencing domestic abuse. In comparison, the Government’s amendment would not allow for other members of the household to make the application. So many examples spring to mind of where domestic abuse victims could slip through the cracks under the terms of the Government’s amendment, such as children who have had to flee an abusive situation with their mother.

Specifically, this is relevant in a context where only the mother has been abused but the children are not able to reside with their mother, perhaps due to parental addiction or the children being adults. Similarly, if a mother and her children were facing abuse by an adult child against one or more siblings who are under 16, but not against the mother, they would not be entitled to seek urgent support. I hope colleagues will forgive my listing the technicalities of those situations, but they are very real and present in all the communities that each of us represents and serves.

Allowing a member of another household to make an application for homelessness assistance on behalf of an individual who is the victim of domestic abuse is a vital safeguarding mechanism for those fleeing abuse. The strength it takes to flee an abusive household is undeniable, but it will not always be safe or suitable for victims of abuse to make an application for assistance in person. In many cases it will be too dangerous for them to leave their home until they know that they have somewhere safe to seek refuge, or there could be logistical issues, such as where a victim is receiving hospital treatment. For other groups of people considered to be in automatic priority need for settled housing in England, it is already the case that someone else in the household is able to make the application—for example, if a woman is pregnant, their partner is able to make an application on their behalf. The same principle must be extended to people who are fleeing domestic abuse.

Having spent some time discussing the provisions needed in England, I will turn my attention back to my home nation of Wales, to highlight the impact that the truly groundbreaking Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 has had. In Wales, the Labour Government have implemented legislation that puts a duty on the devolved public sector to prevent, protect and support. This has increased understanding and built referral routes to specialist support, allowing local authorities to work alongside and in conjunction with those specialists in order to ensure rapid support for those who need it. After a decade of funding cuts to local authorities across the UK, it is clear that those local authorities are under pressure, particularly when it comes to the housing crisis that we see up and down the country. I urge the Government to reconsider and allow more flexibility for domestic abuse victims who are seeking urgent housing support.

Finally, I hope that colleagues will indulge me as I use some key case studies to highlight the importance of a more accessible system for applying for homelessness assistance. At Women’s Aid, one service user said:

“After a year of fallout, I was still homeless and on my backside—it felt like I was worse off for going through ‘the system’.”

A key worker from Solace Women’s Aid—a fantastic charity based in the constituency of my hon. Friend the Member for Bermondsey and Old Southwark—said:

“A lot of women I work with have a secure tenancy. They really don’t want to leave the secure tenancy. But then often they might not have a lot of choice… some women will prefer to…take massive risks…than leave it.”

One case highlighted by Crisis was that of Danielle, who was made homeless when her relationship ended, after her neighbour called the police following a two-day beating. Despite visible bruising and a letter from her partner admitting the abuse, she was told by the council that she needed to provide further evidence of her vulnerability, and that she was not a priority. So she ended up homeless and sofa-surfing for more than two years.

An anonymous survivor said that he had escaped a three-year abusive relationship where, on occasion, his partner had locked him in a room for five days and beaten him so severely that he was confined to a wheelchair. When he approached the council, he was refused help with finding a safe home, which left him with no option but to sofa-surf for several months. Eventually, a charity that supports victims of domestic abuse helped him to deal with the council, and he is now socially housed.

It is clear from those testimonies that we have an opportunity to change the course of people’s lives and affect their ability to regain their independence following a period of domestic abuse. It is not unreasonable to allow for a more flexible system to ensure that victims can get access to the housing support they need. That additional power would improve people’s ability to flee, and could be hugely powerful as a lifeline for those in need. The new clause is well written, with substantive detail. I ask that the people I have talked about be made a priority.

The Minister used the term “all victims”. Does the new clause cover those victims who are working in this country but have no recourse to public funds?

I beg to move amendment 55, in clause 66, page 49, line 42, after “children” insert “;

(c) the support employers should provide to victims of domestic abuse, including through the provisions of paid leave.”

This amendment would ensure that employers are provided with guidance about the support they should provide to victims of domestic abuse, including provision of paid leave.

I did not do this last week, but I just want to say a massive thank you to the people in the Public Bill Office. The amount of work that has gone into these amendments might be clear from the number of times that I stand on my feet. It is important to thank the people who sit in the background doing all that work, having an argy-bargy with all of us as we try to table amendments. They are a godsend, so I want to say a massive thank you to them.

This amendment goes back to the Committee’s conversations last week about workplaces. In part, the Government’s announcement of a review of domestic abuse in the workplace potentially covers what this amendment seeks to do. It did not exist when I tabled the amendment.

This amendment is about workplace guidance, which would ensure not only that a victim is supported, but that secondary benefits are offered to other employees, who would be indirectly affected by the abuse happening at their workplace. Without guidance, we expect employers just to know what to do. In many cases, which I spoke of last week, they have considered terminating employment in order to protect their business and their employees, removing the only lifeline that a victim might have. Often, when we try to change things in the workplace—certainly in relation to an equalities framework—the argument we get back is, “This will be too onerous on big and small business.” Over the past couple of years, however, I have seen that businesses are truly interested in trying to do something about this.

I was called to one of those fancy things where lots of businesses sit around a table in a fancy building. It was so fancy that I saw Anna Wintour from Vogue in the lift—she was exactly as Members might imagine. Businesses from all over the country came to listen to me talk about what they might be able to do to help domestic violence victims in their workplaces. Various companies, such as Lloyds and Vodafone, have offered two weeks’ full pay to victims of domestic abuse.

Studies by those organisations—EY, for example, has done a specific study, such is the nature of its business—show that although that right was appreciated and used when needed, no employee had taken the full two weeks off as part of their paid employment. Those organisations are trying to be proactive. We have to make sure that that is available for everybody.

During my work on sexual harassment at work, I was often on the phone to fancy people in Los Angeles who ran the Time’s Up campaign. I constantly used to say, “We mustn’t forget about Brenda in Asda. We mustn’t forget that the person we are talking about is actually a woman called Brenda in Asda.” The same applies to the amendment, which seeks an element of paid leave as well as guidance for employers who want to do more than simply step forward and be the goodies and go to fancy lobby lunches to talk about these issues. We have to truly seek to change that.

The Government have suggested that they are going to hold a consultation and review what exactly that will mean. I have absolutely no doubt about what the findings will be. They will be the same as those reached over a number of years by different groups, including the all-party parliamentary group on domestic violence and abuse, working alongside the Employers’ Initiative on Domestic Abuse and the TUC. An unusual group of people have been working on this for a while. There are rabble-rousing union stewards working alongside some of the poshest organisations I have ever worked with. Those meetings are always a delight. We have taken evidence from New Zealand, for example, where that right already applies.

I will not press the amendment to a vote. It was tabled before the Government announced any sort of action in this area. It is merely a probing amendment, given that businesses have told us that they would not find onerous.

I thank the Minister. If anyone in this room were faced with an employee—and I have been in this situation a number of times—going through a court case, I cannot imagine that anybody, no matter whether they were working here or elsewhere, would expect that person not to be paid or even to be paid statutory sick pay for that period. However, that is the reality for the vast majority of people. Victims of domestic abuse need access to a specific sort of leave. That would change the culture in an organisation, and including information about it in the big pack that people receive on their first day would be a real sign that they could speak to their boss about it.

Asking for sick leave or compassionate leave because you have been raped is completely different from doing so because your mother has died. It is much easier for someone to ask their boss for leave because a relative has died than to do so because they might have been raped the night before. If someone’s house was broken into, they would ring their boss in the morning and say, “My house has been broken into. I can’t come in today because the police are coming.” That is a different conversation from, “My husband beat me up last night. I’m sorry I can’t come in, but the police are coming over.” It is not the same. We need to change the culture from the top down, to make sure there is a marker that shows people that if they have to go to court—which can take weeks and weeks—and if they need to flee, something can be done.

The Minister mentioned different guidance. The TUC says that its guidance on domestic abuse is the most downloaded piece of guidance ever from its website. Let us hope that culture is changing and that the review mentioned by the Minister shows real courage on what needs to change in the workplace. On that basis, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

As the Minister knows, I have concerns about this—I spoke to her when in listening mode. At the evidence session two weeks ago, for me the powerful evidence was from the Local Government Association spokesperson, the leader of Blackpool Council, whom I questioned specifically. He said that he felt that under-16s were dealt with under the Children Act. Does my hon. Friend agree that there are other ways of dealing with the matter?

Having heard the Minister’s comments, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

I agree that consultation is necessary, but I see that as making the point. Consultation is necessary and we need the data to be able to figure out how much of it is due to borderline personality problems and social background, and how much of it is misogyny. We can only do that by having the police gather the data.

Where misogyny has been identified as a hate crime by police forces, it has helped the way that they address the causes and consequences of violence against women and girls. The proposal in this amendment is not theoretical. Police forces around the country are already doing this, showing the positive impact it can have. In 2016, Nottinghamshire police were the first. Their proposals have gone some way to allowing the Nottinghamshire authorities to see exactly where there are problems and how to deal with them. For four years, women and girls there have been able to report crimes that they regard as hate crimes and misogynistic.

This amendment has, as I said, wide support from women’s groups. Let us not wait for the Law Commission before we start working on it. If misogyny is the soil in which domestic abuse flourishes, we have the opportunity with this Bill to root it out, not just to pick up the pieces. We have to support victims and survivors, and we have to encourage perpetrators away from the crime. But if we can identify the different causes of abuse, we can tackle the cause and begin to reduce and eliminate domestic abuse.

Following the Minister’s comments, there is just one reservation remaining. If misogyny is a hate crime, we can gather the data. Does the Minister accept or appreciate that perhaps we could start doing that before the Law Commission has reported?