All 7 Virginia Crosbie contributions to the Domestic Abuse Bill 2019-21

Read Bill Ministerial Extracts

Thu 4th Jun 2020
Domestic Abuse Bill (Second sitting)
Public Bill Committees

Committee stage: 2nd sitting & Committee Debate: 2nd sitting: House of Commons
Thu 4th Jun 2020
Tue 9th Jun 2020
Domestic Abuse Bill (Third sitting)
Public Bill Committees

Committee stage: 3rd sitting & Committee Debate: 3rd sitting: House of Commons
Wed 10th Jun 2020
Domestic Abuse Bill (Fifth sitting)
Public Bill Committees

Committee stage: 5th sitting & Committee Debate: 5th sitting: House of Commons
Thu 11th Jun 2020
Domestic Abuse Bill (Eighth sitting)
Public Bill Committees

Committee stage: 8th sitting & Committee Debate: 8th sitting: House of Commons
Mon 6th Jul 2020
Domestic Abuse Bill
Commons Chamber

Report stage & 3rd reading & Report stage & Report stage: House of Commons & Report stage & 3rd reading
Thu 15th Apr 2021
Domestic Abuse Bill
Commons Chamber

Consideration of Lords amendments & Consideration of Lords amendments & Consideration of Lords Amendments

Domestic Abuse Bill (Second sitting) Debate

Full Debate: Read Full Debate
Department: Home Office

Domestic Abuse Bill (Second sitting)

Virginia Crosbie Excerpts
Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 4th June 2020

(4 years, 4 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 June 2020 - (4 Jun 2020)
Mike Wood Portrait Mike Wood
- Hansard - - - Excerpts

Sorry. The legislation we are considering would create a new independent office of domestic abuse commissioner, whose role is obviously to lead, to co-ordinate and to be an independent voice separate from Government Departments, working with charities, survivors and other interested parties. How do you think that role could also be used to ensure that the voices of survivors are heard more effectively than perhaps they have been in the past?

Somiya Basar: I think the answer lies in your question. The voices of the people who need to be heard, and of those who are affected, have not been heard so far. The voice of everybody affected must be heard. The independent commissioner who is going to be appointed will have to raise many issues, some of them related to the immigration barriers. With all the barriers that we as immigrants have, and not being able to access recourse to public funds, I think more understanding would help them understand how to make changes to the Bill, and what is required.

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- Hansard - -

Q Thank you both for coming here today; you are both incredibly brave. I wanted to ask Somiya how she heard about Southall Black Sisters.

Somiya Basar: When I was struggling and was pleading for help from a number of NGOs, both in South Africa and in the United Kingdom, I was told in South Africa that they could no longer help me because the children were British citizens, and then living in the United Kingdom I was told they could not help me because I was not a British citizen. Then, after exchanging a lot of correspondences with organisations and NGOs in the United Kingdom, a family law firm based in London got in touch with me. Legal aid was granted after a very long struggle, and legal proceedings began. Eventually, my immigration solicitors connected me with Southall Black Sisters, because I had to be here but I had nowhere to stay, no source of income, and nothing to rely on.

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

Q How did the family law firm find you?

Somiya Basar: I think they were referred by one of the organisations, called Indian Ladies UK, because I had been exchanging correspondences with hundreds of organisations in the United Kingdom. For the three-year period that my children were abducted until the family law firm in London found me, I did a lot of work on my level to research and find help, and that is how Southall Black Sisters got in touch with me.

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

Q This question is to both of you. Knowing what you know now, what advice would you give to other women in a similar situation?

Somiya Basar: It is a struggle to access any sort of help. Even though I am a mother—a parent—to three British citizens, it has been a struggle for me to come this far. I imagine how it is for others who do not even have that assurance of having children who are of the common nationality here.

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

Q What advice would you give them?

Somiya Basar: I would ask them to do the hard work and research, and ask for help. Maybe if you are lucky, after three years, somebody will get in touch with you!

Saliha Rashid: My advice to other women in an abusive situation would be that there is light at the end of the tunnel. There is help available out there; there are organisations such as Women’s Aid that can provide support. For the survivors out there, communities may say that we brought shame, but I always say their shame is our honour, and that is what we hold on to every single day.

None Portrait The Chair
- Hansard -

That is a very good note on which to end this session. We are almost at the end of it anyway, so I thank both of this session’s witnesses very warmly on behalf of the Committee. As has been said, coming to give personal testimony of this kind is a very brave thing to do, so we really do appreciate it. Thank you very much. We will move on to the next session.

Examination of Witnesses

Lucy Hadley and Andrea Simon gave evidence.

--- Later in debate ---
Fay Jones Portrait Fay Jones
- Hansard - - - Excerpts

Yes.

Sara Kirkpatrick: Excellent. That is a relief. Welsh Women’s Aid and the Women’s Aid Federation of England came up with the Change that Lasts model initially. It is a three-stage model, which looks not only at early intervention but at community awareness, training of professionals and specialist support services. We both—Welsh Women’s Aid and Women’s Aid Federation England—got into partnership with Respect, which is actually my formal employer. Change that Lasts in Wales is my former baby, and it is about an early intervention offer.

I was heartened to hear what Simon said earlier about not waiting until people need rehousing. The Change that Lasts approach, and the perpetrator strand of that approach, is about recognising that not all those who are using harmful behaviour are yet entrenched perpetrators of domestic abuse who are using patterns of abusive behaviour. Some people, in my experience, are concerned about their behaviour at an early stage. They seek support from GPs and citizens advice bureaux, and they have been known to seek support from faith leaders.

If there is an offer out there where people can address and consider their own behaviour, consider the impact of their behaviour and be given simple strategies to do something differently, there is no guarantee that they will take those strategies on board, but, by creating a narrative that says, “The problem is that you are choosing to use problematic behaviour, and there is an opportunity to make a different choice”, we move the responsibility to where it should be. We move the responsibility, and that is the idea behind Change that Lasts, the perpetrator strand, which is being delivered in Wales.

Change that Lasts has got some really promising results on the early engagement. The feedback is that people are attending and remaining engaged. These are self-referral clients, and the feedback from their partners is that it has been a positive and beneficial experience. I do not want to overclaim, because it is in its early stages—it is being evaluated by London Metropolitan University—but the early signs are that when you meet someone early in their journey and you give them an opportunity to make changes, some of the grasp the opportunity.

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

Q Thank you for coming, Sara. You spoke about the challenges of rural. What additional challenges have you had with the coronavirus and with actually getting victims to come forward? How have you encouraged people to come forward?

Sara Kirkpatrick: Some of the ways that people have been encouraged to come forward are that in the country a lot of promotion has been done—putting messages out about the Live Fear Free helpline, using social media, and engaging with both local celebrities and local politicians—and somehow I have managed to be a local celebrity and do a video.

There is that idea about putting simple, non-targeted messages in as many places as we can. Local supermarkets have been putting leaflets, just with information about the Live Fear Free helpline, into all shopping deliveries. One of the nice things about a non-targeted offer is that it does not arouse the suspicions of a perpetrator, because everybody gets it. When a targeted offer is made, it has the potential to increase risk.

That is some of what is being done; it is just that much more general putting the message out there, over and over again. In terms of rural communities, what we are hearing is that, because rural is more difficult from that point of view—there is limited access to transport and so on, so at this point everybody is quite isolated—people who were already isolated are consequently more isolated, because they have no neighbours. There is no network that you can run to if you would want to. So it is much harder.

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

Q Gorwel, the domestic violence charity on Ynys Môn, seems to be very successful in reaching out to families and working with schools. In your experience, what is the best way of supporting families? Is it more prevention?

Sara Kirkpatrick: Do you mean before the pandemic?

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

No, I mean in terms of supporting vulnerable families.

Sara Kirkpatrick: Before we end up in a situation—again, it is that idea that the best way of prevention is education, early offers and non-targeted messages. One of the wonderful things about Wales is the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015. It relates to the idea of challenging at the earliest opportunity—the concept that with any form of oppression there is no low-level, tolerated abusive, oppressive gender discrimination. All of that is not okay. Then you are sending a message that removes the fertile ground where more entrenched harmful behaviours can take root. So I think that is the big message, really.

None Portrait The Chair
- Hansard -

We have two minutes. I know Nickie wanted to come in.

Domestic Abuse Bill (First sitting) Debate

Full Debate: Read Full Debate
Department: Home Office

Domestic Abuse Bill (First sitting)

Virginia Crosbie Excerpts
Committee stage
Thursday 4th June 2020

(4 years, 4 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 4 June 2020 - (4 Jun 2020)
None Portrait The Chair
- Hansard -

Thank you. A number of Members have caught my eye, starting with Virginia Crosbie, then Liz Twist, Alex Davies-Jones, Liz Saville Roberts and Mike Wood, and of course the Minister will want to ask questions. I can see what the problem is going to be: we only have less than 15 minutes. Could we bear that in mind and perhaps have brief questions and answers? It is always a problem in these sessions.

Nicole Jacobs: I will be brief, I promise.

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- Hansard - -

Q Thank you for coming in, Nicole. I have two quick questions. You mentioned working with charities, and my question is on collaboration. In terms of working with the third sector, I have Gorwel in my constituency of Ynys Môn, which is a great domestic abuse charity. It has been very helpful in giving me lots of background information and very supportive in the community. How do you as a commissioner see yourself working with the third sector to make sure it has a voice?

Nicole Jacobs: I see it in a lot of different ways, particularly because they are the closest link to the voice of the survivor. Obviously, I want to be influenced directly by people who are subject to domestic abuse, but those services have such a breadth of understanding that my first question is almost always, “What does the frontline service think about this particular thing?” because I know that they will have spotted every advantage and every problem in anything. I would hope that the way I would work with them is quite close—I have been working very closely with them in past months. For example, I have a call every Monday with quite a few of our national helplines and services that represent the sector.

I probably should say the obvious: the idea of the domestic abuse commissioner’s office—not me personally, but the idea of it—will have a massive impact, because it will allow me to go to the local level and help elevate those voices. It will help illustrate more clearly the breadth of funding that needs to go to those services for them to do what they need to do, so that they are not constantly chasing funding deadlines or dealing with shortfalls in their budgets and all those kinds of things. It is also about making sure that they are rightfully where they need to be in strategic conversations at local level, because that has deteriorated quite a bit over time. You have charities that, because they are commissioned by the local authority, are sometimes at a disadvantage when there are challenging discussions to be had. That is because, on the one hand, they are asking for funding and, on the other, they are trying to be a meaningful strategic partner in the whole of the response for an area. I would like to make sure that I have an expectation in areas that would elevate that voice. Those would be my priorities.

Virginia Crosbie Portrait Virginia Crosbie
- Hansard - -

Q How do you see your role working with the Welsh Government advisers and the other commissioners—the Victims’ Commissioner and the Children’s Commissioner?

Nicole Jacobs: Again, if anything, covid has accelerated my picture of how I would do that. I speak to the Children’s Commissioner often, and to the Victims’ Commissioner several times a week. I speak to the Welsh national advisers usually once a week, but possibly once every two weeks. We have pretty close working relationships because there is such a lot of join-up about, in recent weeks, the response to covid, but, in general, the breadth of whatever is being implemented or thought about or should be happening. They are pretty close working relationships, and I will develop a memorandum of understanding with all those offices in due course.

Liz Twist Portrait Liz Twist (Blaydon) (Lab)
- Hansard - - - Excerpts

Q I have a few short questions. What is your view on the inclusion of children in the Bill’s definition? Is that desirable?

Nicole Jacobs: Yes, because children are victims of domestic abuse in their own right, so that would seem an obvious thing to want to do.

Domestic Abuse Bill (Third sitting) Debate

Full Debate: Read Full Debate
Department: Home Office

Domestic Abuse Bill (Third sitting)

Virginia Crosbie Excerpts
Committee stage & Committee Debate: 3rd sitting: House of Commons
Tuesday 9th June 2020

(4 years, 4 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 9 June 2020 - (9 Jun 2020)
Jess Phillips Portrait Jess Phillips
- Hansard - - - Excerpts

I absolutely agree. If we are going to write a ground-breaking Bill, let us make it break ground. If we do not genuinely think, as a Committee and as a House, that it is worth putting children in, “because what difference will that make?”, what is the point in any of it? That is the question I would ask. What is the point in having a definition at all if we do not see the reality of domestic abuse?

As I have said, in moving this amendment, I absolutely feel that I have the ear of the whole House, so I feel that, on Report, there will be huge support. Across this House, no matter the colour of our rosettes, people have spoken up for children in our debates. That sends an immense message that we might not realise; and we have a chance, with this amendment, to send the same message again.

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- Hansard - -

Regarding the amendment, I want to hear the debate develop and I trust that my hon. Friend the Minister is listening.

In many ways, children are long-term “silent victims” of domestic abuse. The Public Health Wales adverse childhood experiences research found that 16% of adults in Wales grew up in a house with domestic violence. The definition of domestic violence used in the past obviously does not extend to domestic abuse as defined in the scope of the Bill. Indeed, children’s social care assessments for children in need in England show that more than half—51%—of relevant assessments last year cited domestic abuse as a factor. Given those figures, it is likely that many in this room will have witnessed or suffered from some form of domestic abuse in their childhoods.

Domestic Abuse Bill (Fifth sitting) Debate

Full Debate: Read Full Debate
Department: Home Office

Domestic Abuse Bill (Fifth sitting)

Virginia Crosbie Excerpts
Committee stage & Committee Debate: 5th sitting: House of Commons
Wednesday 10th June 2020

(4 years, 4 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 10 June 2020 - (10 Jun 2020)
Jess Phillips Portrait Jess Phillips
- Hansard - - - Excerpts

I agree, and I will move on to concerns about people working in the same building. It is a very real issue; a quarter of people meet their partner at work—I met my husband in Kings Heath Park when I was 12; it is now many happy years later.

The Bill must not exclude the workplace from victims’ protections, when it is the place where many victims will spend the majority of their time—those of us in this room know that our time at work far outstrips the time we spend anywhere else. I have to say that what is in the Bill with regard to DAPOs really does recognise the idea of a victim’s life and where people are. The only deficit is specifically with regard to workplaces.

For example, as my hon. Friend the Member for Pontypridd referred to, where a victim and a perpetrator share a workplace, a DAPO could specify distances and support employers to make the changes to shift patterns, or locations, or the perpetrator’s work space. The amendment would allow victims to keep their job and to continue working, as necessary steps can be taken to ensure that they have no contact with the perpetrator.

I understand that the Government may feel that non-police interventions for protections may be considered more effective. However, my interaction with the Health and Safety Executive speaks to a different reality, and the evidence that victims need protection in the workplace is clear.

Undoubtedly, in some situations there will need to be stronger enforcement to protect victims and to ensure that there is no unnecessary loss of life. In situations where the victim is in serious danger, workplaces should be a place of safety, but this will only be the case if protections are properly enforced by police interventions.

The amendment seeks for judges to include the consideration of the workplace in DAPOs; it does not have to be included. As we have said, one of the good things about DAPOs is that they are flexible, and there is no compulsion on the court or the applicant to request this consideration in addition to protection in the home. The amendment does not necessarily mean that all DAPOs will feature the victim’s workplace; as I have said, it will be at the discretion of the judiciary and those presenting the case.

In cases where perpetrators’ access to their workplace is restricted due to a DAPO, workplaces should be able to support both the perpetrator and victim to ensure that as few limitations as possible are placed on them, but ultimately they must ensure that they operate a zero-tolerance policy towards any kind of harassment.

I am fearful. I have been trying for years to look at different models for how we can support victims of domestic abuse in the workplace. When perpetrators and victims work together, the issue we always run up against is that it gets too difficult because of the potential infringement on the liberties of people in the workplace. But this infringes on the liberties of the victim every single day. We put a man on the moon 50 years ago. It is not too difficult for us to come up with something. Let him Zoom in—that is what we have all been doing. Can he not use Zoom in his new place of work? We have all learned that we do not have to physically be here in order to work—unless the Leader of the House says otherwise, in which case we are entitled to different options. We cannot live in this modern society and think that this is too difficult to address because people work together, as my hon. Friend the Member for Pontypridd has said. We are better than that. What is that phrase? “World beating”. Let us be world beating in how we deal with domestic abuse in the workplace.

The amendment would protect victims with life-saving orders and give them the opportunity to be protected at work. It would also present a chance to push forward, as so much of the Bill seeks to do, the idea that workplaces across the country should be safe for vulnerable people. The amendment would force employers to consider their role. By agreeing to this amendment, the Committee would be saying that we believe in the DAPO and that it has a chance to keep people safe. The amendment would also do what we all hope the Bill will do. It would break ground and enable us to say, for the first time, to the bosses and to Philip White of the Health and Safety Executive, “This is the responsibility of all of us.”

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- Hansard - -

Like every other area of the UK, the constituents of Ynys Môn who suffer domestic abuse are supported by a range of agencies, including police, local authorities and charitable organisations. These organisations provide housing, counselling, education and other services that are vital to keeping safe those escaping domestic abuse. However, as those organisations are all too aware, the issue of domestic abuse goes well beyond the home. Domestic abuse-related stalking and harassment cases make up more than 60% of cases heard at magistrates courts, and more than one third of all reported stalking and harassment takes place at work or at home. It is difficult for those suffering domestic abuse to escape when their abuser follows them.

We all know from evidence provided by organisations such as Refuge that the current injunction system is of limited effectiveness. I therefore welcome the introduction of domestic abuse protection orders, which are a critical part of the Bill. The orders will enable anyone who suffers domestic abuse of any kind to access services knowing that they will be supported and protected beyond the home.

Victoria Atkins Portrait Victoria Atkins
- Hansard - - - Excerpts

May I start by saying that I have some sympathy with the aim of the amendments? I recognise that the targeting of the victim’s place of work is often a tactic used by domestic abuse perpetrators to cause distress and exercise coercive control. I have been a strong supporter of the work of the Employers’ Initiative on Domestic Abuse, which aims to help businesses and employers take practical steps to help members of their workforce who suffer from domestic abuse. They can often be very small steps, including allowing time off for a victim to go and seek medical help, but they can also include much larger ideas, such as setting up a bank account so that she can siphon money off to get a little bit of independence from the perpetrator. I am very interested in what employers can do to help their employees who are suffering from domestic abuse. Indeed, the Government are looking into this. Only yesterday, the Department for Business, Energy and Industrial Strategy launched a consultation calling for evidence on what more can be done by employers to protect their workforce against domestic abuse. That is very much the direction of travel of this Government.

My hon. Friend the Member for Ynys Môn mentioned stalking, and the hon. Member for Birmingham, Yardley referred to some terrible cases in which victims have been murdered at their workplace. The story that always comes to my mind is that of Hollie Gazzard, as I lived not very far from Gloucester at the time. That was a horrendous case, and her parents have been quite extraordinary in doing what they have done to try to stop other families suffering in the same way. Our efforts to address the issue of stalking have included the introduction of stalking protection orders, which have a similar format to these orders. We have tried to mirror in DAPOs things like the positive requirements and the criminal breach that are in stalking protection orders, so that there is a protection order for stalking if the facts fit one, but if the facts are better suited to a DAPO, those orders will be available as well—subject to the approval of the House, of course. A huge amount of work is going on to recognise the role that the workplace can play in a victim’s life, and in the attempts of a perpetrator to continue their aggressive or coercive behaviour.

To be clear, clauses 19 to 23 relate to the notices, and these are emergency orders. They are issued not by a court, but by a senior police officer, and the perpetrator has no opportunity to make representations against the imposition of the notice. They apply for a very short period—for 48 hours—so that we can give a bit of space to the victim, and so that the police or others can take steps to make the formal application for an order before a court. These emergency orders are different in nature. They are much more restrictive, because obviously if they are issued by a police officer rather than a court and the perpetrator does not have the chance to make representations, we have to reflect that in the nature of the orders. That is why the list of conditions in clause 20 is exhaustive, and they relate in particular to the occupation of the premises shared with the victim. These were drafted because they mirror the existing provisions in the domestic violence protection notices that are in operation at the moment, but I will consider what the hon. Member for Birmingham, Yardley and others have said about introducing the workplace into these notices.

There is one caveat. The hon. Lady has talked about the notices more generally. I hope, Mr Bone, you will forgive me if I veer into clause 21. The reason we are being very careful and methodical is that clause 21(2) requires the police to consider, before issuing a notice that restricts the perpetrator’s access to the premises, the opinion of other people who work on those premises. In very small workplaces, that may be practicable, but in a workplace of thousands—the House of Commons, a Government Department or elsewhere—there would be significant logistical challenges. We will look into the overall principle, but we flag that as a practical concern about amendments 59 and 60. We also have to bear in mind as we look at these amendments that a victim may not wish to disclose their abuse to their employer.

The purpose of amendments 61 to 65 is to make equivalent amendments to provisions that may be made by a DAPO. The Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham may deal with those specifically in relation to the clauses on orders. It may be that they are not quite as necessary in orders as they are in notices, given that orders will be considered by a court and there is much more freedom for the court to impose necessary restrictions.

Domestic Abuse Bill (Eighth sitting) Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Domestic Abuse Bill (Eighth sitting)

Virginia Crosbie Excerpts
Committee stage & Committee Debate: 8th sitting: House of Commons
Thursday 11th June 2020

(4 years, 4 months ago)

Public Bill Committees
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 11 June 2020 - (11 Jun 2020)
Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

The Bill extends special measures in criminal courts, such as screens or video links, to include domestic abuse survivors. However, unfortunately, it does not ensure similar protections in civil and family courts. The amendment would extend eligibility for these measures to family courts in cases where domestic abuse is involved.

Special measures were originally implemented in criminal courts by the Youth Justice and Criminal Evidence Act 1999, and are automatically provided to child witnesses, witnesses with mental or physical disabilities, complainants of sexual offences, or victims of serious crime who might also be regarded as intimidated, including victims of domestic abuse. However, in family courts, provision for the use of special measures is not currently based in legislation, but in the Family Procedure Rules 2010. Those rules set out the way in which courts should deal with family proceedings, and include practice directions intended to protect victims. Practice direction 12J sets out the procedure for members of the judiciary and provides for special measures.

In November 2017, the Ministry of Justice introduced a new practice direction setting out the recommended procedure for judges dealing with vulnerable persons in family proceedings, including those with concerns in relation to domestic abuse. It provides for special measures to ensure that the participation and quality of evidence of parties is not diminished. Practice direction 3AA, “Vulnerable persons: participation in proceedings and giving evidence”, states that

“the court may use its general case management powers as it considers appropriate to facilitate the party’s participation.”

According to the 2012 Rights of Women report, however, special measures were not advertised in family court, and were rarely ordered at that time. A more recent report by Women’s Aid in 2018 found that 61% of domestic abuse victims who participated in a survey were not provided with special measures in a family court. I mention these things to draw the Committee’s attention to the fact that, while there might appear to be measures at the moment in family courts, they are perhaps not effective, and many women who appear in the family court in domestic cases are not aware of them. Domestic abuse often surfaces in family law cases dealing with divorce or childcare arrangements. In 2018, 45% of cases in family court were matrimonial matters. Parental disputes concerning the upbringing of children accounted for 20% of cases. Intimate partner abuse has been found to be a factor in around half of child contact cases in England and Wales.

Often, women have been subjected to long-term violent and emotional abuse, and family court proceedings can be a negative experience, in much the same way as criminal ones, where they are offered protection. Such proceedings can even be used as another forum for abuse and control by perpetrators. The all-party parliamentary group on domestic violence and abuse found that victims of domestic abuse reported feeling re-victimised and re-traumatised through the family court process. In 2012, a report by Rights of Women, a women’s charity providing legal information and advice, outlined how victims of domestic abuse suffer intimidation and harassment from their former partners, and that they often feel unsafe during the court procedure in a family court. I cannot imagine what it must be like to be a survivor of domestic abuse, and find myself in a family court in a divorce, which is not easy and can be painful even when it is amicable.

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- Hansard - -

Does the hon. Member agree that the Bill, as it stands, will transform the experience of victims of abuse in family courts by banning the cross-examination of perpetrators of domestic and sexual abuse?

Christine Jardine Portrait Christine Jardine
- Hansard - - - Excerpts

That is the next clause, I believe. There is no measure we can take in the Bill that goes too far, or that could be regarded as being in any way sufficient, until we can do no more. No length is too great when it comes to protecting women. Banning cross-examination by perpetrators of domestic abuse is valuable, but it must be written in the legislation that special measures are available. It is not just women themselves who will be cross-examined; it might be their children. It is about coming in and out of the court. It is about having to face the person who has abused them—often for decades—in a corridor because they did not have a special entrance. We need to look at all these things. I cannot imagine what that would be like. No step is too far.

In 2018, Women’s Aid found that 24% of respondents had been cross-examined by their abusive ex-partner in the family court, and that was traumatising for them, so I do agree with the hon. Lady. Victims can feel that their experiences have been minimised in proceedings, and if protective measures are not granted by courts, they will be exacerbating that and letting these women down.

Christine Harrison from the University of Warwick has concluded that domestic abuse was and is persistently minimised and dismissed as irrelevant in private law proceedings. Lesley Laing from the University of Sydney in Australia has also found that accounts of engagement with the system often mirror domestic violence narratives. That is known as secondary victimisation, and it is not acceptable.

Resolution, the family justice charity, has said that although there have been changes to the family procedure rules, it is widely recognised that current special measures facilities in family court hearings—such as video and audio link, and screen facilities—are not satisfactory or on a par with the facilities available in the criminal courts. Resolution’s members, who are family lawyers, have raised their concerns.

We have talked about the Bill for three years as landmark legislation—a once in a generation opportunity to tackle domestic abuse. However, if we exclude the family courts from the Bill, we will miss a valuable opportunity to tackle domestic abuse in an area where it has perhaps been minimised and overlooked in the past, which is not acceptable. I therefore ask the Committee to consider the amendment.

Domestic Abuse Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Domestic Abuse Bill

Virginia Crosbie Excerpts
Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020

(4 years, 3 months ago)

Commons Chamber
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 6 July 2020 - (6 Jul 2020)
Abena Oppong-Asare Portrait Abena Oppong-Asare (Erith and Thamesmead) (Lab)
- Hansard - - - Excerpts

Thank you, Madam Deputy Speaker, for the opportunity to speak on such an important subject. In the weeks and months to come, this House will debate the economic recovery from covid-19, and the decisions will mainly affect women. The poor financial situation of women is one of the main factors contributing to the difficulty of leaving an abusive relationship. Today, we have a chance to create a more secure future for the millions of women at risk of domestic abuse across the UK. It is our duty as representatives to understand the environment in which domestic abuse is allowed to manifest and thrive, and to create legislation to protect victims from that environment.

I represent constituents in the London boroughs of Greenwich and Bexley. In 2018-19, the London borough of Greenwich had the highest volume of domestic abuse offences across London. In 2019, Bexley borough reported an 8.5% increase in domestic abuse offences. Such offences, which already number in the thousands in Greenwich and Bexley, are likely to have increased during the covid-19 period. By April 2020, the Met had reported a 24% rise in domestic violence across London and warned that the true extent of offending was likely to be greater. Women in low-income households are 3.5 times more likely to experience domestic violence. While everyone across the UK will feel the financial impacts of covid-19, women will face an increased risk of financial difficulties and be at more risk of domestic abuse, which is why it is so important that we support the Bill today.

In my constituency of Erith and Thamesmead, women’s median earnings are 40% lower than men’s. Some 75% of women’s income in my constituency is absorbed by the median private rent cost, compared with 44% of men’s. If single women are priced out of renting in Erith and Thamesmead, how will they feel financially able to leave an abusive relationship? If women cannot afford basic necessities for themselves and their children due to mainly low-paid or insecure work, how will they feel financially able to leave an abusive relationship? If women are more likely to lose their jobs due to covid-19 and face financial instability, how will they feel able to leave an abusive relationship? The answer is that they will not and many do not.

We have a responsibility in this House to support these new measures to protect victims of domestic violence at a time when there is likely to be an increase in offences. Those measures include secure lifetime tenancies in English housing authorities, which will remove the barriers that prevent victims from leaving their existing social housing tenancy and support them to remain in homes that the perpetrator has left. There is also the framework for the new domestic abuse commissioner to hold public authorities to account and the statutory definition of domestic abuse that will allow victims to report abusive behaviour that may prevent them from leaving a harmful situation, such as control over their finances.

I call on Members to support new clause 22, on access to public funds for survivors of domestic abuse, which would ensure that victims get the vital support and services that they need to escape abuse, regardless of their immigration status. I also call on Members to support new clause 23, which would introduce a duty to commission sufficient specialist domestic abuse services for all victims of domestic abuse so that all victims can receive support within their home, community or local refuge.

Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- Hansard - -

I thank the hon. Member for Erith and Thamesmead (Abena Oppong-Asare) for her courage in speaking up for victims of domestic abuse and my hon. Friend the Member for Brecon and Radnorshire (Fay Jones), who spoke so passionately on behalf of victims in Committee.

When it was introduced, the Domestic Abuse Bill was a groundbreaking piece of UK legislation. The Government have followed through on their commitment to update and future-proof the law by bringing this enhanced Bill to the House. In preparation for my role on the Bill Committee, I spoke with representatives of Gorwel to understand how domestic abuse presents itself in my constituency. Gorwel, which means “horizon”, provides support services for up to 500 victims of domestic violence and homelessness every week across north Wales. From my discussions with them, and my previous work with other support services, it is clear that domestic abuse cuts through every cultural, social and gender divide.

In Committee, we heard horrific evidence of violence and abuse. We sought to clarify and understand where support is most needed and how it can best be provided. The Bill is backed up with genuine funding to help our authorities tackle this horrendous offence. It provides the most comprehensive package of protection for victims of domestic abuse ever seen in the UK.

The Committee recognised, too, that there are some areas in which there are significant gaps in data and where more work is required to understand the best ways to support specific groups of victims, such as migrant victims. We heard much evidence from groups such as Southall Black Sisters and discussed the matter at length in Committee. We know that some migrant victims have no recourse to public funds and may not be eligible for the destitution domestic violence concession. The Government have already provided more than £1 million of support for those victims through the tampon tax fund. However, it is a complex and nuanced area of concern, with a wide variety of associated issues, such as immigration, trafficking, child protection and asylum.

We identified that there are still significant gaps in our understanding of the needs of the group. I therefore welcome the Government’s announcement of a £1.5 million pilot project, which not only will support migrant victims to find safe accommodation and services, but will be designed to assess gaps in provision and gather robust data to inform future funding. Improving our understanding of the needs of migrant victims will allow the Government to invest public money in providing appropriate support mechanisms that are fit for purpose.

I entered politics to help those who have no voice, and this landmark legislation has allowed me to do just that. It has been an honour to sit on the Domestic Abuse Bill Committee, and I am proud of the difference that the Government are making to the lives of people all across the UK.

Baroness Laing of Elderslie Portrait Madam Deputy Speaker (Dame Eleanor Laing)
- Hansard - - - Excerpts

The next Member on the list has withdrawn, so we go directly to Laura Trott.

Domestic Abuse Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Domestic Abuse Bill

Virginia Crosbie Excerpts
Consideration of Lords amendments
Thursday 15th April 2021

(3 years, 5 months ago)

Commons Chamber
Read Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 15 April - (15 Apr 2021)
Virginia Crosbie Portrait Virginia Crosbie (Ynys Môn) (Con)
- View Speech - Hansard - -

I, too, would like to pay tribute to Dame Cheryl Gillan. She gave me and so many others much support and encouragement on our journeys to this place, and she is an inspiration to us all.

It is a privilege to speak in this important debate, and it was an honour to sit on the Domestic Abuse Bill Committee last year. I commend Ministers and Members on both sides of the House for the hard work behind the Bill. As we focus on the recent Lords amendments to the Bill, it is important that we remember that we are debating the finer detail of a Bill that will, as it already stands, deliver a radical change to the way that domestic abuse is defined and legislated against.

Not only does the Bill extend the definition of domestic abuse to include coercive and controlling behaviour, but it extends the definition of those who suffer to include children. For thousands of adults in the UK, the abuse they witnessed as a child will have had a profound and long-lasting effect. Many suffer deep trauma from the verbal, emotional and financial abuse they witnessed as children, which was perpetrated on and by the people they trusted to be their primary carers.

What we see and experience at an early age forms the basis of our future expectations, our own patterns of behaviour, and our health and wellbeing outcomes. It is devastating, therefore, to be exposed to any kind of abuse, including controlling and coercive behaviour, in our formative years. Studies have shown that children who witness domestic abuse often have the same poor life outcomes as those who are actually abused. They have the same likelihood of developing post-traumatic stress disorder as soldiers returning from war. They are also more likely to experience stress-related physical illnesses and mental health problems throughout their lives, and they are more likely to exhibit health-damaging behaviours such as smoking and drug-taking. Crucially, they are two to three times more likely to attempt suicide.

Charities such as Gorwel in my constituency see those issues time and time again. In addition to providing refuges and support for men and women who are direct victims of domestic abuse, it offers specialist provision for children and young people who are dealing with the effects of domestic abuse. However, it can only do so much. As a result of the Bill broadening the definition of domestic abuse, we can improve the lives of not just the children of today but the adults of tomorrow. That is why the Bill is so important and why I commend the hard work that has gone into ensuring that it is fit for purpose and serves the needs of the adults and children of the UK.

Beth Winter Portrait Beth Winter (Cynon Valley) (Lab) [V]
- View Speech - Hansard - - - Excerpts

The Domestic Abuse Bill provides an opportunity to deliver transformational change in tackling domestic abuse and violence, and many of the Lords amendments, which I wish to support today, strengthen it considerably.

Sadly, domestic abuse and violence remain endemic in this country, while unmet need remains a problem. Services have suffered under austerity, and one in six refuges in the UK have closed since 2010, while demand has increased, especially during the pandemic. Welsh Women’s Aid has shown that there has been a 32% increase in referrals to community-based support in the last year. Having worked in women’s refuges and with the victims of domestic abuse, I have witnessed the devasting impact this has on people’s lives—on women of all ages and backgrounds, on their children, and on families, friends and communities. I have seen how severe funding constraints hamper the development of effective services. I pay tribute to the excellent work carried out by Women’s Aid in my constituency, despite these challenges.