Domestic Abuse Bill

Christine Jardine Excerpts

Wednesday 2nd October 2019 Commons Chamber

[Carolyn Harris]

My hon. Friend is absolutely right and later I will talk about a scheme that helps in that situation.

The protection and provision of support for children who experience domestic abuse—I am repeating myself. I have already read that bit, so we will scrap that, thank you very much. [Laughter.] That is the Welsh in me; never ashamed to say when we are wrong.

As well as ensuring access to support services, the Bill needs to legislate for those children and ensure protected places in all NHS waiting lists, as well as priority access to school places when they are forced to move to a new area to escape domestic abuse. There is already good practice in our communities that has been established to cater for the needs of children experiencing domestic abuse.

[Christine Jardine (Edinburgh West) (LD)]

Does the hon. Lady agree that we need to protect those survivors of domestic abuse not just when they are children but throughout their lives? We need some means of following them and taking a holistic approach, because domestic abuse affects their mental and general health as they grow.

[Carolyn Harris]

It certainly does and I think we all recognise, as I said previously, that experience and learned behaviour can cause perpetrators of the future.

--- Later in debate ---

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I am grateful for the chance to follow the right hon. Member for Maidenhead (Mrs May). May I take this opportunity to take a different approach from the one we very often take on the Opposition side of the House, which is to pay tribute to her both for her approach as the former Prime Minister of this country and for her commitment and genuine passion? As the former Prime Minister, she committed her life’s work in this Parliament to making sure that the agenda of women and girls was recognised. I am sure that the successful passage of this Bill will be a legacy that she can be proud of, and that it will rightly go down in history as the landmark legislation of the second female Prime Minister of this country. I pay tribute to the right hon. Lady for the work that she has done.

To return to the point of order made by the hon. Member for Walthamstow (Stella Creasy), may I also acknowledge her dedication and commitment to women’s rights? I think no Member across this House should have to receive the treatment she has received. I am sure—I know—that the right hon. Gentleman the Speaker of this House will do everything in his power, as a champion of Back Benchers, to ensure that all the House of Commons authorities provide her with the necessary support that she requires, because no one in this House should come under fire for ultimately doing what is right and proper and what should be done, which is protecting the rights of women.

I welcome this Bill, and I agree in essence with its main principles, because domestic abuse can ruin lives and it needs to be tackled strongly. I recognise that the primary basis of the Bill will apply only to England and Wales. However, there are some limited provisions in the Bill that will have an impact on Scotland, and it is on those grounds that I want to speak today.

As the Lord Chancellor said, 2 million people in the UK are affected. Most of them are women, but not all. This is only an estimated number. It is based on the recorded statistics we have of the number of women who have bravely come forward and undergone the process of speaking out loud and saying, “I will not accept this treatment any longer”. However, it is only an estimated number because too many more women will suffer in silence and receive this ongoing treatment day to day.

I of course have nothing but the utmost respect for the law and justice and for our ability as Members of this House to produce legislation that can make a difference, but everyone in the House knows that legislation alone will not tackle this problem. I congratulate the UK Government on going some way towards taking the approach of really driving home the point that domestic violence cannot be tolerated and cannot be accepted. It is something that we want to change so that future generations will not grow up to experience this kind of world.

On this particular occasion, I think Scotland has taken a leading stance and a really strong stance against domestic abuse. In Scotland, domestic abuse accounts for almost a quarter of all violent crimes. Again, this is only an estimated figure; we have no real idea of the true figure or of the true cost that it has on people’s lives. About one in four women has experienced or reported domestic abuse at some time in their lives. It is usually perpetrated by a spouse, partner or ex-partner. Domestic abuse often includes physical violence, mental or emotional damage, or undue control or power over another person.

The SNP in government has taken a lead and taken the issue of domestic abuse seriously. I am very proud that we have been able to do that in the Scottish Government. The multiple forms of abuse are tackled by the Domestic Abuse (Scotland) Act 2018, which for the first time introduced a “course of conduct” offence. This enables not just physical abuse but psychological domestic abuse and controlling behaviours to be prosecuted at once. As many from a legal background will know, that in itself is really hard to pin down. How do we even begin to quantify undue influence or coercive control? How do we recognise that, and how do we prevent it in a criminal statute? The fact is that the Scottish legislation is designed to address the emotional abuse that Scottish Women’s Aid has said is, for most victims, the most traumatic and the hardest aspect of abuse to recover from. It is a really significant and important part of this legislation, and I hope that the Government will take that into consideration when they come forward with the Public Bill Committee.

In a similar vein, the Domestic Abuse Bill broadens the scope of domestic abuse legislation in England and Wales. This is the legislation we are here to speak about today, and it would be a great shame if the Bill were to be lost. Should this Parliament dissolve or prorogue again and we do not succeed in passing this legislation, it would ultimately be against all our better intentions. We want to see the Bill successfully brought through this Parliament during this term, regardless of when this term may cease.

[Christine Jardine]

On that very point, as the right hon. Member for Maidenhead (Mrs May) has said, this is landmark legislation. All of us may have reservations about certain aspects of it and things we may want to see amended in Committee, but it is incumbent on us to support it today and get it through so that, as the hon. Lady says, it is not lost.

[Angela Crawley]

Absolutely. Perhaps I should use this opportunity to say that should a future Government of any coalition have to carry forward this legislation, I hope their agenda will also be to deliver on this Bill should it not succeed in this parliamentary term. It would be a great loss and a great shame were we not to see it passed in this parliamentary term, and were the right hon. Member for Maidenhead not to have it as part of her legacy, because she rightly deserves such an opportunity.

In particular, it is welcome to see the measures to protect survivors in court, including the prohibition of the examination of domestic abuse victims by their perpetrators. It seems almost unimaginable that such a procedure is even possible. The inclusion of non-physical abuse in the statutory definition of domestic abuse, the inclusion of children aged 16 and 17, and the appointment of a Domestic Abuse Commissioner are truly welcome. While these measures go some way towards tackling a broad and multifaceted problem, I believe there are several areas in the Bill that could be improved in Committee.

Assisted Dying

Christine Jardine Excerpts

Thursday 4th July 2019 Commons Chamber

[Christine Jardine (Edinburgh West) (LD)]

This is undoubtedly a hugely emotive and controversial subject, but I thank the hon. Member for Grantham and Stamford (Nick Boles) and my right hon. Friend the Member for North Norfolk (Norman Lamb) for giving us the opportunity to discuss it. I am convinced that I have not just a right, but a duty to work for changes in the law that will make it possible for people to have the individual right to choose their own time and manner of death. I am talking about people who, otherwise, will face a situation that will soon be very painful and that will also cause a great deal of stress to their family members. I have been lucky: I have not had to go through the sort of experience that we have heard about from other Members of the House.

Two years ago, I had a conversation with my husband about a friend who, we had just heard, had been given a terminal diagnosis. It was January. We said, “This year will be difficult. Christmas will be difficult. We will have to think about how to deal with it, but it will not be easy for him or for his family.” The irony of that conversation has never left me, because neither my husband nor the friend actually lived until Christmas, but the difference was that my husband died very suddenly. Our friend went through a long, painful, lingering death. If there had been a way that he could have been spared that, I would have wanted him to be offered that choice. There is also an irony in the fact that had I had the choice for my husband, I would have chosen the death that he had, rather than the one that our friend had.

The last piece of the ironic jigsaw is that, in this House, if we do make a decision on a change in the law, it will be a free vote, because we will regard how we vote on that law as a matter of conscience. Yet we have never taken up the challenge of giving that same choice, that same freedom of conscience, to the people who actually deserve it. If we are to take up that challenge—and I think we should—it will not be easy and it will not happen quickly. We will have to spend time on it. It will be extremely difficult for us all because we will have to examine our consciences and take into account the views not just of those who feel it is a necessary change, but of those who find it difficult for religious or other moral reasons. But we have a duty to do that.

Like probably every other Member here, I have received numerous letters from constituents this week, asking me to speak up for the change because they have been through experiences like the ones we have heard about so movingly today, and they want and need this change. We would sometimes do well to remember, as I am sure most of us do, that we are here to represent those people. We are told by Dignity in Dying, and in every other poll that has ever been done, that the majority of the public out there—84% at the last time of asking—believe that it is time for a change.

I saw the reports on television this morning about people who are currently facing this decision. They know that death is not far away, and would like to choose the manner of their dying. They would like to have what they believe is a good death. It is our duty to do whatever we can, for however long it takes, to ensure that they have that choice.

Oral Answers to Questions

Christine Jardine Excerpts

Tuesday 23rd April 2019 Commons Chamber

[Mr Gauke]

I have to disagree with my hon. Friend on this point. It is true that there was a surge of submissions to our consultation in the last couple of weeks, but the fact is that a YouGov poll on the day the proposals were set out suggested 73% support for them. Indeed, we have had support from the Law Society, Resolution, the Family Law Bar Association, Sir Paul Coleridge—the chair of the Marriage Foundation—Relate and National Family Mediation. This reform will help families and ensure that the divorce process is less acrimonious.

[Christine Jardine (Edinburgh West) (LD)]

T3. Do the Government have any plans to change the legal system to protect against gender targeting of advertising towards children and teenagers?

[Mr Gauke]

We will certainly look at any proposals on this front. We do not, at the moment, have any plans, but I will certainly look at any proposals the hon. Lady might have.

Courts IT System

Christine Jardine Excerpts

Wednesday 23rd January 2019 Commons Chamber

[Mr Speaker]

It looks as though an end to domestic lobbying is in sight. I am sure the hon. Member for Banbury (Victoria Prentis) is extremely appreciative of that important fact.

[Christine Jardine (Edinburgh West) (LD)]

We have heard that this incident has caused a great deal of disruption for the judicial system, and the Minister has apologised to staff, but will she also take into account the very many individuals who are awaiting court sentencing and appearances? They have undergone unbelievable stress and gone through a great deal of personal sacrifice and disruption because of this incident, so will she apologise to them and ensure that future investment in the Ministry of Justice ensures that this does not happen again?

[Lucy Frazer]

The hon. Lady makes an important point. It is of course users who are at the heart of the justice system. Professionals work in the justice system, but they and the system work for justice for individuals. This morning I was at a court that was functioning—I was sitting at a hearing—and of course there is that continuous reminder that we are there to serve people who want to get justice done.

Oral Answers to Questions

Christine Jardine Excerpts

Tuesday 24th April 2018 Commons Chamber

[Rory Stewart]

This is a central issue about which governors get very frustrated. Over the next 12 months, the hon. Lady will discover that we are putting governors in charge of that provision so that they can put pressure on the provider within the prison and ensure that it meets their needs.

[Christine Jardine (Edinburgh West) (LD)]

10. What steps his Department is taking to improve mental health support for prisoners.

[The Parliamentary Under-Secretary of State for Justice (Dr Phillip Lee)]

We are committed to improving the provision of and access to mental health services for those in the justice system. We continue to roll out the keyworker role across the closed male estate so that all prisoners will have a named officer to provide them with dedicated support during their sentence. As the Minister of State, Ministry of Justice, my hon. Friend the Member for Penrith and The Border (Rory Stewart), said earlier, 14,600 prison staff have now completed at least one module of this training.

[Christine Jardine]

Figures show that, in March 2017, 75% of prisoners in England and Wales with serious mental health problems experienced significant delays in their transfer to hospital for treatment. Last month, an independent review of mental health assessment reported delays to transfer, with one of the reasons being the delay by the Ministry of Justice in sanctioning transfers. Given the pressure on those suffering poor mental health, surely this is important enough to require swifter action. What steps is the Minister taking to address the problem?

[Dr Lee]

I became responsible last September for the unit in the Ministry of Justice that authorises the transfer of patients from the criminal justice system into secure accommodation. We have had some internal difficulties, which I inherited, with the staffing of the unit, but things are improving. I get a weekly update on the number of people in the system who need to be transferred. I am under no illusions about the need to expedite those transfers, and I am in weekly contact with the Department of Health and Social Care about the need to assess the capacity at low, medium and high-security levels in the secure accommodation network.

--- Later in debate ---

[Rory Stewart]

Fentanyl is unbelievably dangerous and has contributed to nearly 20,000 deaths a year in the United States. We have underscored through the Crown Prosecution Service guidance for prosecuting people. Fentanyl is a class A drug, but 50 times more powerful than other drugs. People need to understand that even a tiny quantity of this drug is a serious danger to the person producing it, to the person supplying it and, above all, to the public, and must be prosecuted.

[Christine Jardine (Edinburgh West) (LD)]

T9. Is the Minister aware of the looming crisis in criminal duty solicitors due to the increasing age profile? Data from the Law Society shows that in five to 10 years there could be insufficient numbers of criminal duty solicitors in many areas. Will the Government take action to address and protect this vital public service?

[Lucy Frazer]

I am aware of the recent document produced by the Law Society. Of course, it is important that we have professionals at every level, that we have a diverse profession and that we encourage young people to join what is an excellent profession.

Parole Board and Victim Support

Christine Jardine Excerpts

Tuesday 9th January 2018 Commons Chamber

[Christine Jardine (Edinburgh West) (LD)]

I welcome the right hon. Gentleman to his new role, the review he has announced today and the transparency he speaks about. Will he assure the House that that transparency will mean that the Parole Board can provide the detailed rationale, in each case, for why parole has been granted and that we will be able to guarantee that victims who wish to be informed are informed before there is a danger of them hearing it on the television or radio?

[Mr Gauke]

The review will need to consider exactly those points and seek to address the concerns arising from this case, which the hon. Lady has summarised.