Domestic Abuse Bill

Baroness Wilcox of Newport Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, I am privileged for the first time in my shadow Front-Bench portfolio to wind up the debate for the Opposition on what has been an example of the highest quality deliberation, from all areas of the House. I wish to note my entries in the register.

To listen to the expertise of Members from around the House is both educative and enlightening. We have waited a long time for this Bill to come before us, but, more importantly, victims have been waiting even longer. The Bill at its heart must be about providing services to people who have become victims of abuse. We know that it is mainly women who suffer from domestic abuse, be it physical violence, threatening behaviour or coercive control—or, indeed, torture in their home. The importance of this Bill and these measures has only grown during the coronavirus crisis, as perpetrators have exploited lockdown to intensify their control and abuse. Calls to helplines have increased greatly across all four nations of the UK.

I make special mention of the many domestic abuse organisations and charities which have provided us with much current information regarding the amendments required to the Bill. We must clearly acknowledge the support they give on a daily basis.

We also recognise all victims and campaigners who have pushed for family law reform for victims of sexual and domestic violence through their own pain, suffering and loss. I am proud to call Rachel Williams, from Newport—a survivor and leading campaigner in domestic abuse—a good friend. Rachel often knocked at my door when I was the council leader to lobby for support with her work for domestic abuse victims, which we provided to the best of our limited financial position. However, I promise her, and all campaigners, that I will do all that I can from this privileged position in your Lordships’ House to make changes to the law that are needed to make life better for victims of domestic abuse, by strengthening their legal position so that recourse to justice, funding and support can be at its greatest.

In the time allowed, I cannot possibly cover every subject, but I will endeavour to cover a few key issues. My noble friend Lord Kennedy of Southwark, who was not able to take part today, asked me to raise on his behalf an issue which he has been raising in this House for nearly five years. GPs are able to charge the victims of domestic abuse over £150 for a letter confirming their injuries to enable the victim to get access to legal aid and other services. BMA guidance is that there should be no charge for these letters, but unfortunately some GPs ignore that advice and charge victims. The Government have expressed concern but have failed to act. My noble friend intends to table an amendment to stop these charges and will divide the House on Report if a satisfactory solution is not forthcoming.

The protection for migrant women is a gap in the Bill. We will be seeking to guarantee that all victims of domestic abuse will be treated equally, and to afford them the same support and resources regardless of their immigration status. We will be looking at issues including recourse to public funds and safe reporting. Women must be responded to primarily as survivors of abuse and in need of help—not as immigration cases. Linked to this is ensuring the UK meets its obligations under the Istanbul convention, as mentioned by my noble friend Lady Gale, especially on how any current pilot schemes might help to achieve the ratification required. It is over nine years since the inception of this treaty—how much longer can we prevaricate about it?

In her powerful speech regarding children and teenagers, my noble friend Lady Massey noted that there are indeed issues to be dealt with in greater detail. She mentioned the important role of local authorities, support for grass-roots community organisations and proper funding for specialist services. About half of the residents in refuges are children; the traumatic impact on them cannot be underestimated. Sadly, I saw many examples of this trauma during my 30 years as a front-line classroom teacher. Local authorities have a duty to provide school places for looked-after and adopted children as a priority, so there needs to be a straightforward amendment to the schools admission code for children who move as a result of domestic abuse. Furthermore, we need that thread of protecting children to be a guiding light through the Bill. In particular, we want to revisit the issue of the presumption of child contact in domestic abuse cases. The argument to end the presumption of contact for proven violent perpetrators is clear. I have no doubt that the Minister understands the brutality that lies behind this issue.

Let us also not forget the need to focus on the experiences of disabled survivors, and on what would make a genuine difference to their experience of abuse, and on support services, including amendments to ensure that abuse in carer relationships is also considered.

The Bill currently includes a duty on local authorities to provide support to adult and child survivors in accommodation-based services. As we are both former council leaders, I am sure that the Minister would agree with me that we know only too well the importance of local government in putting national government policies into practice. We need only look at how councils across the UK have stepped up to the challenge during this pandemic—they are the bedrock of governance in society.

Although it is a move in the right direction, this limited duty risks unintended consequences, such as removing funding from key community-based services that are absolutely crucial to supporting child victims of domestic abuse. The Government must ensure that community-based services are provided, and, crucially, funded, under any new statutory duty. As my noble friend Lord Rosser spoke about in his excellent opening speech, 70% of victims seek support in the community rather than in accommodation-based services. We will be looking to continue the work done on this by the Labour Front Bench in the Commons, to ensure proper resource and provision. Furthermore, we would look to place a duty on all relevant public bodies—not just local authorities—to do their part in commissioning domestic abuse services in the community.

The important issue of non-fatal strangulation was powerfully introduced by the noble Baroness, Lady Newlove. Let me state that we will support this important amendment. A separate offence on the statute book of non-fatal strangulation would help police spot domestic abuse and coercive control. This is our opportunity to help those women who have suffered this dreadful form of abuse and coercive control at the hands of their perpetrator.

On economic abuse and the economic protection of victims and survivors, we must make sure that women are not trapped in abuse because they literally cannot afford to leave. We have heard many knowledgeable speeches on this from around the House tonight, and I am particularly grateful to my noble friends Lady Lister and Lady Sherlock, who raised these matters in much greater detail.

In May 2018, my Newport Council cabinet approved the Gwent regional strategy, further to the Welsh Government’s domestic abuse Act of 2015. The strategy contains six regional priorities that are being delivered locally today. It is a tangible and practical application of law-making that is helping to change perceptions and promote recognition of such suffering in our society. The Bill before us deserves the same priority to make overdue changes in the law.

In this House and from this shadow Front Bench, I am determined to keep making differences to people’s lives through the UK Government’s function of law-making—that is, making laws that will help to prevent domestic abuse and support the survivors of such abuse.