Legal Aid (Women and Families)

Debate between Virendra Sharma and Karl Turner

Tuesday 24th January 2012 Westminster Hall

[Mr Sharma]

I agree with every word that the hon. Lady has said. I am sure that the Minister will also take note of those points in his response.

Experts in the field cite two particular concerns. First, the definition of domestic violence currently used in the Legal Aid, Sentencing and Punishment of Offenders Bill is inconsistent with the cross-Government definition of domestic violence, which guides statutory agency practice and governs access to Government services. Importantly, the definition used in the Bill fails explicitly to refer to financial abuse and sexual violence, which are particularly insidious forms of domestic violence. It is not clear why the Bill uses a different definition of domestic violence, unless the purpose is to restrict the number of cases that will be deemed eligible for legal aid. Under the current proposals, many who are already known to be victims of domestic violence by other departments will not obtain the legal support that they need.

[Karl Turner (Kingston upon Hull East) (Lab)]

I am obliged to my hon. Friend for giving way; he has been very generous. I wonder whether he would like briefly to address the fact that 23 special domestic violence courts are closing on the current Government’s watch. How will that affect women?

[Mr Sharma]

I think that I will come back to that. I thank my hon. Friend for the intervention. When I reach the last lines of my speech, he will hear about the impact of the various proposals on women.

Under the proposals, victims of domestic violence will be expected to provide “objective evidence” of that violence to qualify for legal aid. Experts unanimously agree that too many victims will remain ineligible for legal aid because the evidence that they will be required to present is dangerously restrictive. The evidence of domestic violence that the Government propose to accept relies on victims taking civil and criminal proceedings against perpetrators, yet we know that a large proportion of victims do not take those routes. To ensure that all women affected by domestic violence are protected, it is essential that the evidential criteria used reflect the experiences of women and the reality of domestic violence. That must include evidence from specialist domestic violence organisations, health services and social services. The Government have failed to think through their proposals adequately.

The notion that “We are all in it together” is not alien to the Labour party. Indeed, this may be the first time that a Conservative Prime Minister has adopted a socialist slogan as his mantra. However, these cuts are deliberately, unashamedly and, I argue, viciously targeted at those who most need help. I am looking at the time; I am sorry, but I have indicated that I need to rush. As I have said, the cuts are targeted at those who most need help and, in the case of domestic violence sufferers, there can be no defence.

I ask the Minister to think again, particularly on domestic violence. In its current form, the Bill will leave thousands of women who have experienced the trauma of domestic violence, trafficking for the purposes of sexual and other forms of exploitation and exploitation as a migrant domestic worker in a private household with a stark choice between representing themselves in legal proceedings or taking no legal action at all to protect themselves. It will also have a life-threatening impact on black and minority ethnic women, who, as a result of cultural, religious and other social pressures and racism, already struggle to access the legal system. The Bill will violate the rights and fundamental freedoms of all vulnerable women, but it will have an immensely disproportionate impact on black and minority ethnic women.

It is not too late to think again, but if the Minister does not make up his mind to do what I have asked, I pray that my colleagues in the other place will make his mind up for him.