Domestic Abuse Bill

Baroness Laing of Elderslie Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 28th April 2020 Commons Chamber

[Miss Sarah Dines (Derbyshire Dales) (Con) [V]]

It is a pleasure to follow the hon. Member for Brent Central (Dawn Butler) and, of course, my new colleague and hon. Friend the Member for Hyndburn (Sara Britcliffe)—I congratulate her on her fantastic maiden speech. Such passion was shown. I look forward to hearing more from her.

I declare an interest in this debate in that I have practised as a barrister in the field of family law for more than 25 years. It is the great strength of this House that it brings together 650 people from a great number of backgrounds. There are right hon. and hon. Members who have first-hand experience of working in the field of law that we are debating today. They will, I am sure, agree that it is particularly distressing and very traumatic for those caught up in domestic abuse to go to court. At the same time, it has been hidden from view for far too long. Many victims have for too long been reluctant to come forward and that must stop. This legislation will encourage them to do so.

There are many examples of the sorts of pressures on the victims of domestic abuse. Many of them are confronted by abusive and controlling partners, who threaten to kill themselves, sometimes by threatening to set fire to themselves, if their partners have the courage to leave them or report the abuse to the police. I have represented the subjects of such threats. I recall the abject fear of one such client, many years ago, when they faced the prospect of being cross-examined by in person by their former partner who had done just that with a can of petrol in front of small children, and I shall never forget that experience. Over many months, I watched that client forge a new life, with support, and become truly independent.

Domestic abusers come from all sexes, and I do not differentiate by saying that it can only be one sex as opposed to another. This House should not differentiate between the sexes and the law certainly should not. The level of fear and intimidation such witnesses face is hard to describe and very harrowing to listen to. In many instances, legal cases have fallen by the wayside as the prospect of being cross-examined in person in court by an aggressive ex-partner has resulted in the reluctance or inability of that witness to give evidence. If they give evidence, their life may be changed forever. Their evidence might not be believed because of the very nature and way in which it was drawn, but that does not make it untrue.

The impact on a witness of the fear of being questioned by an abuser cannot be understated. It is definitely a continuation of a pattern of abuse, and it must stop. As a cab-rank barrister, I have also on occasion represented those accused of being domestic abusers, some rightly and some not, so I have seen it from both sides.

I therefore strongly support clause 59, which is an innovation that prevents cross-examination in person where one party has been convicted of, given a caution for or charged with certain offences against the other party. The ban will also extend to circumstances where one party has an on-notice protective injunction in place against the other. That should be wholeheartedly supported by everyone in the House.

I have represented parties in cases in the family courts on many occasions where evidence has been heard precisely in the way envisaged in the new legislation. As a former practitioner, I reassure all hon. Members that it can be done in a way so as to provide a fair hearing for all. Again, it does not differentiate in relation to the sex of the abuser or the alleged abuser.

It is wrong to suggest that the change could result in an unfair or limited trial for an alleged abuser. Further protection can be given by the court and afforded to such alleged abusers. There will be the possibility, and in fact the power, for the court to appoint an advocate to undertake difficult cross-examination in the event that the alleged abuser is not legally represented. Such advocates need to be experienced and sufficiently paid.

The clause seems particularly prescient as we go through the covid-19 pandemic. There has been a dramatic increase in domestic abuse due to the confines of the present lockdown. I have spoken to the chief constable of Derbyshire, Peter Goodman, who has keenly followed these issues. He and his officers are aware of the need to be proactive and extra-vigilant in these areas. He also pressed me last week on the need to protect vulnerable witnesses. I have also spoken to many constituents about the issue.

I have been involved in the wider debates around these issues for a long time. I have no hesitation in supporting the Government on the Bill. As well as drawing on my own experiences—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hope the hon. Lady is drawing her remarks to a very swift close.

[Miss Dines]

I have listened to friends such as Sir Geoffrey Nice, QC, and Stephen Harvey. This is a game changer. I am pleased that this Conservative Government have brought such a pressing issue to the House. I support the Bill wholeheartedly.

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[Christian Wakeford (Bury South) (Con) [V]]

I start by paying tribute to my hon. Friend the Member for Hyndburn (Sara Britcliffe) for her truly moving maiden speech. She will go down in history as having given the first maiden speech to be performed virtually, and having been—[Inaudible.] —father for the past 17 years, I know that he would be immensely proud of her, if not a tad jealous.

I welcome the Bill as a step in the right direction, and I hope that the Bill—[Inaudible]—fully tackling domestic abuse—[Inaudible]—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I hesitate to interrupt the hon. Gentleman, but the sound quality is very bad. Those in the Chamber are not really able to hear the hon Gentleman—and now he has disappeared completely. I am afraid that we have lost the hon. Member for Bury South for the time being, but we will try to retrieve him for later in the debate. For now, I call the hon. Member for Luton North (Sarah Owen).

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[Neil Coyle (Bermondsey and Old Southwark) (Lab)]

Madam Deputy Speaker, may I add my gratitude to you, the Speaker’s team and everyone in this place who is ensuring that we can continue to scrutinise the Government in these unique and challenging times?

I thank the Government for bringing this legislation back at this difficult time. It is good to see such broad cross-party agreement on this issue. I congratulate the new shadow Home Secretary, my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), and his Front-Bench team on their leadership, their constructive engagement and their early involvement on this issue.

On a personal note, may I say how wonderful it is to see my hon. Friend the Member for Birmingham, Yardley (Jess Phillips) on the Front Bench? Her formal role on the Bill and her participation from the Labour Front Bench are long overdue. Her all-party parliamentary group on domestic violence and abuse worked with the APPG on ending homelessness, which I co-chair, on the “A Safe Home” campaign, which is backed by Crisis, Women’s Aid, SafeLives and many more organisations and individuals. As the hon. Member for Beaconsfield (Joy Morrissey) indicated, the campaign also has cross-party support.

Sadly, there is a huge overlap between domestic abuse and homelessness. Last year, almost 24,000 families who were homeless or on the brink of homelessness had experienced or were at risk of domestic abuse. “A Safe Home” seeks to ensure that the Bill enables everyone who is homeless because they are fleeing domestic abuse to have access to a safe permanent home.

That was necessary before the virus struck; the most recent Office for National Statistics figures show that the number of women murdered in the UK increased to 214 in the 12 months to March 2019, including a rising number killed at the hands of their partner or former partner. It is even more crucial now we know that the lockdown has brought with it a rise in attacks. Refuge’s national domestic abuse helpline has seen a 49% increase in daily calls and a quadrupling of web traffic.

Sadly, for some, the threat is fatal. The Counting Dead Women project estimates that 14 women were killed during the first three weeks of the lockdown. “Stay home, stay safe” is not true for everyone. I hope Ministers will ensure that safe long-term accommodation is guaranteed, to give women a better chance of escape without fear of ending up homeless.

Currently, anyone fleeing domestic abuse must prove that they are significantly more vulnerable than anyone else to be guaranteed help from councils for a permanent home. Some local authorities use that as a gatekeeping tool. Awful examples include women being told to go and get a letter from their abuser to prove they have been abused. Research last year for the APPG on ending homelessness revealed that almost 2,000 people were unable to meet the vulnerability threshold in England alone. Those are women who were not provided with a safe home after initial help in refuges—women left facing homelessness or a return to an abusive relationship. The Bill must end that fatalistic situation.

Helping those 2,000 people would not be a huge commitment for the Government. My council, the London Borough of Southwark, is already adopting that measure. Although I hope the Government follow where Southwark leads, this issue should not be dependent on leadership in any one postcode, borough, town or city. Ministers have the chance to address this issue nationally through the Bill, and they must rise to the challenge.

When Ministers announced the statutory duty on local authorities to provide temporary accommodation-based support last year, it was welcomed across the House and the country. An extension to an automatic guarantee of safe long-term housing would be similarly welcomed and is just as essential. I also hope Ministers recognise that the Bill needs to extend the statutory duty on local authorities so that it covers not just accommodation but all the specialist support necessary to rebuild lives.

Nearly 70% of survivors access other services that are provided in the community, including independent domestic violence and abuse advisers, counselling, and young people’s and children’s workers. Children who have experienced domestic abuse should be able to access counselling and support, but that is not currently covered by the Government duty and is poorly delivered at local level. A full statutory duty and resources are required to commission the full range of specialist domestic abuse services that are needed, and the Bill is the right vehicle to provide that.

The current crisis has made the issue far more acute, but there was already insufficient funding in the system. Two thirds of the people referred to refuges in 2018-19 were turned away. With more people at risk during this lockdown and after it ends, the Government must act now to provide sufficient sustained funding in the longer term. I hope to join the Bill Committee to raise those and other issues in more detail for all the organisations working on the frontline. Those issues include splitting universal credit payments to prevent economic abuse; ending no recourse to public funds restrictions on essential support for women and children currently denied help—shamefully—in this country; introducing a gendered definition, given the higher prevalence of women experiencing abuse; fully ending cross-examination in courts; criminalising the use of threats to share naked or sexual images in order to abuse or control someone; and the proper enforcement and monitoring of non-molestation protection orders, which is far too patchy currently, and which I hope Ministers will act on, given the heightened risk now, more than ever, in lockdown Britain. I hope to see progress on all those issues as the Bill makes progress and look forward to the Minister’s reply.

[Madam Deputy Speaker (Dame Eleanor Laing)]

We can now return to Christian Wakeford, but via audio only.

Terrorist Offenders (Restriction of Early Release) Bill

Baroness Laing of Elderslie Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We have had plenty of time for this debate but there have been some very long speeches. We need to leave time for proper wind-up speeches from Front Benchers—many people have asked questions of the Minister that ought to be answered in here, so there should be time for him—so I will have to ask Members to make very short speeches of three minutes.

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[Chris Philp]

It is a Home Office matter, but I do not think work has stopped simply because of the issue with the reviewer.

In conclusion—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The hon. Gentleman has one and a half minutes, so it is alright.

[Chris Philp]

Madam Deputy Speaker, you are extremely kind. I thought I had about 10 seconds left.

I would like to use up my remaining one minute and 10 seconds, as it is now, by saying that although these are emergency measures designed to address a specific problem, we will of course be coming back with a much wider and more considered set of proposals in our counter-terrorism Bill in the next few months and in the sentencing White Paper. Many Members have spoken of the need to think widely and thoughtfully about these issues, and we will of course be doing so. Members will be pleased to hear that in the counter-terrorism Bill we will be seeking to impose a 14-year minimum sentence, with no prospect of early release, for the most serious terrorist offenders. We will also be thoughtful and considered about issues of deradicalisation. Of course, more resources are going into the system: 20,000 extra police officers; £85 million extra for the Crown Prosecution Service; and more Crown court sitting days in the coming year. This is an important emergency measure designed for public protection, and I am pleased to see that it commands support across the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Streatham Incident

Baroness Laing of Elderslie Excerpts

Monday 3rd February 2020 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. It will be obvious that a great many people wish to take part in this statement. For the benefit of new Members and others, let me say that a statement is not an occasion for making a speech. I must insist on brief questions. Each Member has the chance to ask one question, not to give a preamble and then ask an “Oh, and also” question. We must have just one question, otherwise we will not get through everyone and those who are not called could be angry with those who have been called and taken too long.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I welcome the Lord Chancellor’s approach to this, because most of us recognise that the exceptional nature of this threat may require exceptional measures. However, can he help us as to precisely which rehabilitation measures the perpetrator of this attack was subject to while in prison? Will he consider again the remaining aspects of the Acheson review regarding much more assertive management of these particularly complex and dangerous prisoners within the system, from the start of their sentence?

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We have to have much shorter questions and answers. I appreciate that the Lord Chancellor is explaining complicated and important matters, but he has explained a lot of them, so we need short questions and short answers, otherwise most people will not have a chance at all. I call Dame Diana Johnson.

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

With No. 10 briefing on some of the terrible decisions that have been made in the past 15 years on counter-terrorism policy, does the Lord Chancellor believe that the introduction of the regime of terrorism prevention and investigation measures, which weakened the control order regime that had been in place, was one of those terrible decisions?

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I cannot make the clock go slower. I tried to make people speak faster, but that does not seem to work. We have five minutes left and not everyone is going to get a chance. Let us go a little bit faster and see who we can get in.

[Bob Seely (Isle of Wight) (Con)]

Is there a case for greater isolation of extremists from the general prison population while in prison, or does the Secretary of State think we have the balance right?

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[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I can see that there are senior Members on the Opposition Benches who have not been called—I apologise—and likewise large numbers of people on the Government Benches. However, Mr Speaker has said, making it very clear, that statements will take 45 minutes, and I point out that if we are going to give everyone a chance, questions and answers have to be short, but nobody pays any attention and this, I am afraid, is what happens. Questions have to be short or not everyone gets in. But I assure people that if you have not got in this time, you will be at the top of the list next time, as were the people who were not called on the last statement but were called on this one.