Debates between Victoria Atkins and Christine Jardine during the 2019-2024 Parliament

Mon 15th Apr 2024
Wed 17th Jun 2020
Domestic Abuse Bill (Twelfth sitting)
Public Bill Committees

Committee stage: 12th sitting & Committee Debate: 12th sitting: House of Commons
Wed 17th Jun 2020
Domestic Abuse Bill (Eleventh sitting)
Public Bill Committees

Committee stage: 11th sitting & Committee Debate: 11th sitting: House of Commons
Tue 16th Jun 2020
Domestic Abuse Bill (Tenth sitting)
Public Bill Committees

Committee stage: 10th sitting & Committee Debate: 10th sitting: House of Commons
Tue 16th Jun 2020
Domestic Abuse Bill (Ninth sitting)
Public Bill Committees

Committee stage: 9th sitting & Committee Debate: 9th sitting: House of Commons

Cass Review

Debate between Victoria Atkins and Christine Jardine
Monday 15th April 2024

(7 months, 1 week ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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As my hon. Friend was asking that question, there were people on the Opposition Benches tutting her. That shows that while some understand the need to keep the debate about the clinical needs of these children and compassion, there are still people on the Opposition Benches who do not get it. For example, in 2020 the deputy leader of the Labour party signed a charter describing bodies such as Woman’s Place UK, which, dare I say, campaigns for single-sex rape refuges—to which the House knows I have an enormous commitment—as “trans-exclusionist hate groups”. That sort of language needs to be apologised for, so that we can all move on. We expect clinicians and medical professionals to do the right thing by the Cass report, and by our children and young people. There needs to be some leadership from all of us in public life to ensure that we set the right example to those people.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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At its heart, the Cass report sadly highlights the low standard of care for our young people who were caught up in a toxic debate. There were long waiting lists, and the debate seeped into the staffing of the medical profession. Does the Secretary of State agree that we have to look at the wellbeing of our children holistically? How will she overcome the recruitment and staffing problems that have been created by this toxic debate?

Victoria Atkins Portrait Victoria Atkins
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I thank the hon. Lady, who has an exemplary record of campaigning on this issue. This comes down to the very careful review by Dr Cass. We have to get away from the idea that if a child presents with gender distress, that is the only part of their health that we should care about and look into. We have to look across the board to ensure that we look after every single part of them and do not assume that medical pathways are the only and inevitable pathways for them. One of the concerns raised in the report is that the terrible mental health issues that many children and young people were suffering from were not being looked after. People were just put on drugs and expected to get on with it. That is wrong, and we are determined to change it.

NHS Dentistry: Recovery and Reform

Debate between Victoria Atkins and Christine Jardine
Wednesday 7th February 2024

(9 months, 2 weeks ago)

Commons Chamber
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Victoria Atkins Portrait Victoria Atkins
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I thank my right hon. Friend for all the work she did on dentistry in the Department. I am conscious that many people have contributed to this plan; I am grateful to her and others. Again, I hear the observations on the General Dental Council, and will ensure that the GDC hears them as well. That is a fair challenge to the NHS. Colleagues will see that the plan is co-signed by NHS England, which shares our ambition to deliver those 2.5 million more appointments and set up the future of NHS dentistry for our country.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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Today’s statement by the Health Secretary will have been listened to with great interest by my constituents in Edinburgh West, who share a lot of the same concerns, face the same difficulty getting NHS dental treatment and will be looking for the same sort of solution as constituents in England. Could the Secretary of State clarify for me, and for all those who come to me, whether there will be Barnett consequentials? If there are, will she impress upon the Scottish Government the need to ringfence the money and actually invest it in dental services? If not, would she be willing to share with the Scottish Government how she is approaching the problem in the hope that they might actually respond and do something?

Victoria Atkins Portrait Victoria Atkins
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I hear the frustration in the hon. Lady’s question. This is a devolved area—as it is in Wales—and is therefore a matter for the Scottish National party. I assume the hon. Lady will continue her usual advocacy on behalf of her constituents to ensure that the SNP looks at what is happening in England and tries to do better for Scotland.

BACKBENCH BUSINESS

Debate between Victoria Atkins and Christine Jardine
Thursday 15th June 2023

(1 year, 5 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

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Victoria Atkins Portrait Victoria Atkins
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My right hon. Friend makes an important point more generally, if I may have your munificence for a moment, Mr Sharma. It is so important that people such as my right hon. Friend show that dyslexia or other learning conditions need not be a barrier in a person’s ability to achieve success nowadays. In many ways, he will have been at the forefront of that change. I was horrified to hear about the reaction he had at school. I hope and trust that nowadays, children with a similar condition would not have that reaction; it would be much better understood. The fact that he rather endearingly described that he thought it was a tropical disease shows just how far we have come. He and others have been at the forefront of that, and I am genuinely grateful to him for sharing his experiences with us.

Ensuring that everybody is able to access books in all their forms is something that this Government take very seriously. Driving up standards in literacy has been our long-term priority in education, and our focus over the past decade has been on improving the teaching of reading for everybody. We have given students across the country a solid foundation in reading. That is not just to give young people the skills that are vital for their success in later life, but—as the hon. Member for Motherwell and Wishaw (Marion Fellows) put it so eloquently—to encourage a lifelong love and respect for one of life’s greatest pleasures.

I very much understand the enormous pleasures that audiobooks can bring, as someone whose constituency is quite some distance from London—I know the hon. Lady’s is, too. I have had an excitable seven, eight, nine, 10 and then 11-year-old throughout my career in this place, and having an audiobook that really grips a young child’s attention can be a godsend to parents struggling on long journeys.

I am veering into flippancy, but there is a much more serious point about what an audiobook can mean for an individual’s ability to read and enjoy reading. My right hon. Friend the Member for Hemel Hempstead gave the compelling example of his constituent who is losing her sight and with it, she fears, her ability to continue enjoying reading. I take that very seriously. I understand his point about the difference in timing and the implications of VAT.

We believe that a love of reading should be ignited at a young age, which is why we have committed to ensuring that early reading is taught well in schools. We have introduced packages of measures.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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The Minister is making a good point. In a previous life as a university lecturer in journalism, I had a student who was blind. The books that were available as audiobooks were much more expensive because of the VAT, and there were fewer of them. With podcasts, there is more material. The educational value is not just in schools, but goes right through to higher education. I had an elderly grandparent who went blind, but was still able to read through audiobooks, which became a lifeline. The VAT is an obstacle to providing a vital lifeline to elderly people who can no longer read.

Victoria Atkins Portrait Victoria Atkins
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Although this part of my speech focuses on children, I very much accept the point about people having a love of reading throughout their life. I want to mention the positive work, which I hope is welcomed across the House, in schools to improve literacy and give that love of reading to young people. The English hubs programme promotes a love of reading and spreads best practice in teaching pupils to read. It supports schools in England in providing excellent phonics and early language teaching. The hon. Lady will be able to help us with what happens in Scotland. The ability to teach reading, particularly through the use of phonics, is very much recognised. Through the hub programme, literary specialists provide tailored support to schools, including by running events to showcase excellent practice in teaching and reading, and by working with local schools to develop their practice. So far, it has supported 1,600 schools intensively, and focuses on supporting the children who are making the slowest progress in reading, many of whom come from disadvantaged backgrounds.

Domestic Abuse Bill (Twelfth sitting)

Debate between Victoria Atkins and Christine Jardine
Committee stage & Committee Debate: 12th sitting: House of Commons
Wednesday 17th June 2020

(4 years, 5 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 17 June 2020 - (17 Jun 2020)
Victoria Atkins Portrait Victoria Atkins
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As the hon. Member for Birmingham, Yardley has explained, new clause 37 seeks to prevent personal information about victims of domestic abuse from being shared for the purpose of immigration control in cases where the individual has not given their consent. The new clause seeks to ensure that migrant victims are not deterred from reporting domestic abuse or seeking support for fear that immigration enforcement action will be taken against them.

The Government share that objective, and it was shared by the Joint Committee on the Draft Domestic Abuse Bill, which made a related recommendation in its report. Before I turn to the issue of consent, the hon. Lady may recall our response to the Joint Committee last year. The Government were clear that all victims of domestic abuse should be treated first and foremost as victims. That is set out in relevant guidance from the National Police Chiefs’ Council.

Although we were unable to hear from Deputy Chief Constable Louisa Rolfe, the national policing lead on domestic abuse, during the Committee’s oral evidence session, she did give evidence on the previous iteration of the Bill. She was clear that there would be circumstances in which information sharing between the police and immigration authorities is in the interests of safeguarding victims of abuse. It can help resolve a victim’s uncertainty about their immigration status.

My hon. Friend the Member for West Aberdeenshire and Kincardine made a point about removing the perpetrator’s ability to coerce, control and manipulate. It can also help prevent victims from facing enforcement action if they are identified by immigration enforcement in an unrelated system. On the particular constituency point that the hon. Lady raised, I ask her to speak to me afterwards as I would like to investigate further.

To ensure the victim’s needs are put first, the National Police Chiefs’ Council strengthened its guidance in 2018, setting out a clear position on exchanging information about victims of crime with immigration enforcement to encourage a consistent approach across the country. That gives us confidence that data sharing will operate in the interests of the victim.

Turning to the points on consent, alongside our duties to protect victims of crime, the Government are equally duty bound to maintain an effective immigration system, not only to protect public services but to safeguard the most vulnerable from exploitation because of their insecure immigration status. The public expects that individuals in this country should be subject to our laws, and it is right that when individuals with an irregular immigration status are identified they should be supported to come under our immigration system and, where possible, to regularise their stay.

Christine Jardine Portrait Christine Jardine (Edinburgh West) (LD)
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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.

Victoria Atkins Portrait Victoria Atkins
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I understand the hon. Lady’s point. It is the balancing act that the Government must employ, and not just on this subject matter. Where there are competing interests, we have to try to find that balance and we take that very seriously. We listen very carefully to concerns that are raised—I am very happy to discuss individual cases outside the glare of the Committee—but we have to abide by our duty to ensure that there is an effective immigration system. We have to balance that against our duties towards the victims.

The data exchanged between the police and law enforcement are processed on the basis of it being in the public interest, as laid out in articles 6 and 9 of the General Data Protection Regulation and the Data Protection Act 2018.

The problem with consent is that it can be withdrawn at any time—that is the point of consent. As such, it cannot be the basis on which public bodies, such as the Home Office, discharge their duties in the interests of all of the public. To require consent would, we fear, undermine the maintenance of effective immigration control.

I emphasise that we must, of course, keep the NPCC guidance under review, and we work with it to do just that. There are other ways of scrutinising the conduct of the police and, indeed, the Government. We know that there are two forms of legal action on this subject at the moment. Clearly, we will reflect on the findings of those cases when they are delivered.

I very much understand the motivations of the hon. Member for Birmingham, Yardley in tabling the new clause, but I must balance the interests of victims with the need to ensure that our immigration system works as effectively as possible.

Domestic Abuse Bill (Eleventh sitting)

Debate between Victoria Atkins and Christine Jardine
Committee stage & Committee Debate: 11th sitting: House of Commons
Wednesday 17th June 2020

(4 years, 5 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 17 June 2020 - (17 Jun 2020)
Christine Jardine Portrait Christine Jardine
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Sorry, I am just getting over the shock of that!

It is incumbent on all of us to make sure that the Bill is good strong legislation and that its primary focus is on supporting victims of domestic abuse, regardless of their race, religion, ethnicity or immigration status. We should remember, in all of this, that it could be, at any point, not just someone we do not know, but our sister, our friend or our colleague. It could be any one of us and we should put ourselves in that position and ask ourselves what we would want the Bill to do to defend us.

Victoria Atkins Portrait Victoria Atkins
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It is a pleasure to serve under your chairmanship, Mr Bone. I welcome the opportunity to debate this issue in Committee, because very often, with the best will in the world, the very nature of parliamentary questions and oral questions and so on is that they are quick and the next question is heading up and so on. I am pleased that we can spend some time debating this issue today.

I say that because I wish it was as easy as the hon. Member for Birmingham, Yardley has painted—I really do. I think she has the measure of me by now; she could not accuse me of not being compassionate, of not understanding or of not wanting to do the very best that we can for victims of domestic abuse. Against that background, I must not be led by my heart alone, but must also use my head to deal with some of the points and suggestions that have been made.

Let us focus first on that about which we all agree: that victims of abuse should first and foremost be treated as victims. Where we differ perhaps is on how we achieve that, the nature of the support and how it is best provided. For the benefit of those who do not have copies of the new clauses in front of them, they do not deal with services, provision of refuge spaces and so on; they deal only with the provision of legal aid and changes to immigration status. I say that because I am painting the journey that we have taken over the last year on the pilot project. It is very important to bear in mind that, even though the new clauses are being debated, the Government have committed to the pilot project to get some data and evidence on which we can create specific and careful policy.

New clause 29 seeks to extend entitlement for legal aid to migrant victims in relation to their immigration and nationality status. The legal aid scheme is targeted at those who need it and the Government have always been clear that publicly funded immigration advice is available to some particularly vulnerable individuals. The destitution domestic violence concession is run by the Home Office and was created because we understood that there is a problem with victims of domestic abuse who came to this country on spousal visas with legitimate expectations about setting up their lives and those of their family here. We were alerted to and saw that there was a problem, and the DDVC was created.

Under the DDVC, victims are eligible for legal aid when applying for indefinite leave to remain or for residence cards, subject to the statutory means and merits tests—that three-month period can be extended. I have looked at the figures myself; indeed, I looked at the form this morning to refresh my memory. It is a simple form—certainly simpler than some of the forms that the Home Office produces—and it is, I would say, a light-touch form, precisely because we appreciate that it may be used by traumatised victims and we want to be sensitive to their states and circumstances. It is a light-touch form just to log them into the system, as it were, and from that, the benefits—legal aid and so on—can flow where they apply.

People who are not on a spousal visa and who are not therefore eligible for the DDVC may still be eligible for help with legal aid through the exceptional case funding scheme, so long as relevant criteria are met. That scheme is specifically designed for cases in which the failure to provide legal aid could risk a breach of an individual’s human rights. In those circumstances, provided that an applicant passes the means and merits test, legal aid must be granted. The Ministry of Justice is making changes to the scheme to ensure that it is easy to follow and accessible to all, including by simplifying the forms and guidance and working with the Legal Aid Agency to improve the timeliness of decisions.

In the situations that the hon. Member for Birmingham, Yardley mentioned, such as leave to enter, leave to remain and citizenship, victims of domestic abuse can already apply for legal aid through the exceptional case funding scheme, if they are not already eligible under DDVC. One of the consequences of new clause 29 would be that domestic abuse victims would be eligible for legal aid for applications under the EU settlement scheme.

The scheme has been designed to be streamlined and user friendly, and the majority of applicants would be able to apply without the need for advice from a lawyer. Indeed, the latest figures, as of 30 April, show that 3,220,000 applications have been completed. Again, it is not an arduous process. We have deliberately tried to make it as streamlined as possible, while ensuring that the requirements are met in terms of years lived in the country, precisely because we want to help people—our friends, our family—stay in the country in January next year.

The Home Office has put in place measures to ensure that people who may have difficulty with the online scheme have help. We appreciate that age or different circumstances may mean that not everybody is as tech savvy as the younger generation, so we have put help in place. Even then, we have legal aid as a safeguard, if it is necessary. While we recognise the importance of providing support to domestic abuse victims, we consider that the current scope of legal aid and the availability of the exceptional case funding scheme already ensure that victims of domestic abuse can access legal aid when they need to.

New clauses 35 and 36 seek to provide at least six months of leave and access to public funds to all victims of domestic abuse who do not fall within the spousal visa DDVC scheme. This would mean that all migrant victims of domestic abuse would have a route to indefinite leave to remain and ensure that they could access publicly funded support.

If I understand the objective of the hon. Member for Birmingham, Yardley correctly, she wants to extend the DDVC scheme and the domestic violence rule to cover all migrant victims of domestic abuse, to place the DDVC in the immigration rules, and to lift immigration restrictions for any migrant victim of domestic abuse. I will try to break down the figures and I will go into them further in a little while. I appreciate the help from the sector. The hon. Lady was a little unkind to me when she described the way in which we have used the sector. We appreciate the help that the sector has given us on this, but we want to consolidate it and build on it, which is why we are investing in a pilot project later this year.

Southall Black Sisters responded to the Home Office as part of our work over the last year. Again, I will go into that more in a moment. Of the people that they helped in 2019-20, 43% of the women had a spousal visa on arrival and/or upon their contact with services. In Southall Black Sisters’ assessment, the next most frequent category of immigration status among people they helped was right down at 8%. That gives us an idea about how many immigration statuses and routes there are, which is a factor that the Government must take into account.

The next most common category of women that they helped, after those on spousal visas, was those who were seeking asylum. Happily for people who are seeking asylum, there is a whole network of support for them. It goes without saying that not every person who applies for asylum is a victim of domestic abuse, but, again, we have listened to the sector. We have changed the system for people who are in the asylum system and are experiencing abuse, so that they get a few top-up payments to help them access the specialist support services they need, including safe accommodation.

After the category of asylum seekers, which was 8%, there are three categories with 5% in each. Those categories are EU dependants, people who had overstayed on their visitor visas and people who were described as overstayers on unspecified visas. I say that to give context to the variety of circumstances that victims may find themselves in, but I am afraid that treating them in a blanket way gives us cause for concern.

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Victoria Atkins Portrait Victoria Atkins
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I will give the hon. Lady an example, and then after I have developed this point I will give way to my hon. Friend the Member for Brecon and Radnorshire, and then to the hon. Member for Edinburgh West.

I recently had one of my regular meetings on the topic of serious violence and county lines gangs. Predominantly young men and boys are targeted by county lines gangs in what we call exporting areas—big cities—to go out to the county to sell drugs.

Domestic Abuse Bill (Tenth sitting)

Debate between Victoria Atkins and Christine Jardine
Committee stage & Committee Debate: 10th sitting: House of Commons
Tuesday 16th June 2020

(4 years, 5 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 16 June 2020 - (16 Jun 2020)
Victoria Atkins Portrait Victoria Atkins
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Local welfare and assistance is important to meet the needs of the most vulnerable people in our communities. That is why, in 2013, the national social fund crisis loans and community care grants were abolished and local authorities were empowered, with maximum flexibility, to deliver services as they saw fit, according to local needs. The hon. Member for Edinburgh West will agree, I hope, that local authorities are best placed to determine what support is required for the most vulnerable in their area, given their expertise in the local communities that they serve. That was set out by the then Work and Pensions Secretary in 2014, when he found that local authorities delivered support more effectively than was the case under the social fund, as help was targeted at those who needed it most and joined up with wider social care.

I assure the hon. Member that we fund local authorities to deliver such important duties. In 2016, just over £129 million was included for local welfare provision schemes as a notional allocation within the English local government financial settlement. That allocation was increased to £131.7 million in 2020-21. In response to the coronavirus, we have also announced £3.2 billion of un-ring-fenced funding for local government to meet additional pressures arising from the pandemic and continue to deliver frontline services.

The hon. Member rightly focused on the overall economic situation of the victim. We included economic abuse in clause 1 because we accept that it is not just about bank accounts or money in the purse; it can take many forms. Similarly, the economic situation of the victim includes not just payments that she may be receiving by way of benefits, wages or salary, but her overall situation. That is why the statutory duty for tier 1 local authorities in England to provide support to victims of domestic abuse and their children in safe accommodation is part of the picture. Local welfare assistance schemes enable support in such circumstances, such as support for victims of abuse in women’s refuges to become established in the community. The work that the domestic abuse commissioner will undertake to explore in depth the provision of community-based support is part of the economic picture as well.

A principle that I think we all share and are working towards is that we all want victims and survivors to be able to stay in their homes with their children—if anyone has to leave, it should be the perpetrator. That is what we are trying to get to, but of course I appreciate that there will be situations in which that is not possible, and we are attempting to address that through the Bill.

We are committed to working with the commissioner on community-based services and on the range of services and needs that she will address during her tenure. We believe that it would be a little premature to look at that before she has the chance to undertake that work.

I thank the hon. Member for raising the issue. I hope that the indications that I have given of the Government’s overall approach to helping victims will help to reassure her.

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

I thank the Minister for her reassurance. I know that the issue is of concern to a lot of people; all of us in this House deal with constituents every week for whom it is a barrier to safety that they simply cannot afford either to leave or to get the abuser to leave—it works against them either way. However, I accept the Minister’s assurances. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 18

Guidance: Child maintenance

“(1) The Secretary of State must issue guidance relating to the payment of child support 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 support 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 support 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.” —(Christine Jardine.)

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.

Brought up, and read the First time.

Domestic Abuse Bill (Ninth sitting)

Debate between Victoria Atkins and Christine Jardine
Committee stage & Committee Debate: 9th sitting: House of Commons
Tuesday 16th June 2020

(4 years, 5 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 16 June 2020 - (16 Jun 2020)
Victoria Atkins Portrait Victoria Atkins
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I thank my hon. Friend for her contributions, her canvassing of views sympathetic to the situations faced by teenagers under 16, and her work on that. She is right to point out the evidence of Councillor Simon Blackburn. He is an experienced councillor and also, in a previous life, was an experienced social worker. He contributes on behalf of the Local Government Association in all sorts of forums on which he and I sit—not just on domestic abuse, but on other areas of vulnerability.

I appreciate that it sounds rather lawyerly to focus on the age range, but we are careful not to tamper inadvertently, albeit with good intentions, with the strong safeguarding mechanisms in the Children Act. That is why we are not able to accept the amendment to the guidance, given that the guidance is based on the definition in clauses 1 and 2. However, other forms of information are available and as of September relationships education will be introduced for all primary pupils, and relationships and sex education will be introduced for all secondary school pupils. That education, particularly for primary schools, will cover the characteristics of healthy relationships, and will help children to model the behaviours with knowledge and understanding, and cover what healthy relationships look like. Of course, as children grow up and mature, the education will grow and develop alongside them, to help them as they are setting out on those new relationships.

In addition, the important inter-agency safeguarding and welfare document produced by the Department for Education called “Working together to safeguard children” sets out what professionals and organisations need to do to safeguard children, including those who may be vulnerable to abuse or exploitation from outside their families. It sets out various scenarios, including whether wider environmental factors are present in a child’s life and are a threat to their safety and/or welfare.

Finally, of course, the courts and other agencies should also take into account relevant youth justice guidelines when responding to cases of teenage relationship abuse, avoiding the unnecessary criminalisation of young people, and helping to identify appropriate interventions to address behaviours that might constitute or lead to abuse. As I have said, I appreciate the intentions underlying the amendment, but I return to the point that the age limit was on careful reflection set at 16 in the definition, and so the statutory guidance must flow from that.

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

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

Amendment, by leave, withdrawn.

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Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

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.

Victoria Atkins Portrait Victoria Atkins
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The Government are clear that all hate crime is completely unacceptable and has no place in British society. That is why we have tasked the Law Commission to review current hate crime legislation. By way of background, I should say that the Law Commission was asked to review both the adequacy and parity of protection offered by the law relating to hate crime and to make recommendations for its reform.

The review began in March last year, since when the Law Commission has tried to meet as many people as possible who have an interest in this area of law; it has organised events across England and Wales to gather views. Specifically, the Law Commission has been tasked with considering the current range of offences and aggravating factors in sentencing, and with making recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred towards protected groups or characteristics. The review will also take account of the existing range of protected characteristics, identify any gaps in the scope of the protection currently offered under the law, and make recommendations to promote a consistent approach.

The Law Commission aims to publish its consultation, as the hon. Lady said, as soon as it can, and I again encourage all hon. Members to respond to it. Given that this work by the Law Commission is under way, we do not believe that the time is right for specific guidance to be issued on this matter. Our preference is to await the outcome of the Law Commission’s review before deciding what reforms or other measures, including guidance, are necessary. However, I point out that in clause 66(3) we do put the gendered nature of this crime in the Bill. It states:

“Any guidance issued under this section must, so far as relevant, take account of the fact that the majority of victims of domestic abuse in England and Wales are female.”

And of course the guidance itself will reflect that.

The hon. Lady raised the Istanbul convention. We are making good progress on our path towards ratification. We publish an annual report on progress, with the last one published in October 2019. Provisions in the Bill and other legislation before the Northern Ireland Assembly will ensure that UK law is compliant with the requirements of the convention in relation to extraterritorial jurisdiction and psychological violence, so we are on our way. I very much hope that on that basis the hon. Lady will feel able to withdraw her amendment.

Christine Jardine Portrait Christine Jardine
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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?

Victoria Atkins Portrait Victoria Atkins
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The Law Commission, in all its reviews, is incredibly thorough and of course independent. How long it takes is, I have to say as a Minister, sometimes a little bit frustrating, but that is because it is so thorough, so I cannot criticise the commission for that. I would prefer the commission to do its work so that we have a consistent body of evidence that I hope will enable the Government to draw conclusions as to the adequacy of the existing arrangements, and take steps from there.

Victoria Atkins Portrait Victoria Atkins
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I confess that I had not given thought to that particular detail. Far be it from me to suggest to ingenious Back Benchers how they can hold the Government to account. As I have said, we have the Law Commission review under way, and when the commission has reported, we will, of course, in due course publish our response to that review.

Christine Jardine Portrait Christine Jardine
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Having heard the Minister’s comments, I am happy to beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 66, as amended, ordered to stand part of the Bill.

Clause 67

Power of Secretary of State to make consequential amendments

Amendment made: 41, in clause 67, page 50, line 27, after “64” insert “, (Homelessness: victims of domestic abuse)”.(Victoria Atkins.)

This amendment is consequential on amendment NC16.

Clause 67, as amended, ordered to stand part of the Bill.