Secure Tenancies (Victims of Domestic Abuse) Bill

Debate between Heather Wheeler and Maria Miller

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 8th May 2018 Commons Chamber

[Mrs Miller]

It is a great pleasure to follow the hon. Member for Birmingham, Yardley (Jess Phillips), my fellow member of the Women and Equalities Committee. Of course she speaks with great power on these issues, given her experience. We also heard a great deal from the Minister to give us reassurance about how much work the Government have done to ensure that this Bill is the best that it can be and that it further supports victims of domestic violence—something that this Government have made a huge priority. I congratulate the Minister on all that she is doing to ensure that the situation improves ever further.

I will make some short comments about the amendments, because I think that the Bill generally has cross-party support. A lot of what the hon. Member for Birmingham, Yardley said was, frankly, about training among local authority employees, and whether we should be drafting legislation because of the imperfections in local authorities. It is always a balancing act, but we need to ensure that the legislation is as strong as it can be.

I am concerned that new clause 1 could have a clear unintended consequence of undermining the existing devolved powers by taking new powers in the way set out in the new clause. Parliament is clear, as was the Minister in the other place, that there was not and is not a need for primary legislation in this area regarding cross-border movements. In fact, we could unintentionally erode devolution by acting on new clause 1 in the way in which the hon. Member for Great Grimsby (Melanie Onn) has outlined. Ministers clarified that individuals will have the support that they need and that we do not need to legislate in this way. It is good to hear that these devolved matters are being discussed across the nations, and that there is nothing that concerns the devolved nations in this respect.

I turn to amendment 1. The Minister set out that there is already protection in the Bill for all lifetime tenants, including those who have fled their homes and lost security of tenure. The Bill is specifically drafted to protect individuals facing that situation. In my experience as a Minister, I remember feeling on a number of occasions, “Perhaps we need a belt-and-braces approach here. We really need to spell it out in the Bill.” And what always came through to me in those circumstance was the fact that, in trying to do the very best we can to be as clear as possible, we can actually create confusion by not following the usual protocols. I urge the hon. Member for Great Grimsby to consider that for a moment. As the Minister said, local authorities should have no problem understanding their duties. Indeed, adding to the Bill in the way that the hon. Member for Great Grimsby is suggesting could, because of the redundancy of her new clause, create the opposite of the clarity that she wants.

I have a brief point on amendment 2. As the Minister said, allocating a house that is too big would not be in the best interests of the victim, but specific circumstances might require flexibility. I remember looking particularly at the role of discretionary housing payments when I was a Minister. Such cases fall squarely into the list of examples of why we have these payments. One of the reasons for having such an immense amount of money in this fund—£150 million or so a year—is to be able to give local authorities the flexibility that they need to be able to deal with local circumstances as they see fit. I think that it is better to trust local authorities to get that right than to create specific exceptions that might run the risk of not being used in the way in which the primary legislation requires.

I understand the reason behind this set of amendments. I particularly understand why the hon. Member for Birmingham, Yardley has spoken with a great deal of passion. One question that I would really like the Minister to answer is: how do we work even harder to ensure that local authorities provide the same support for victims of domestic violence, whether they are in Basingstoke, Birmingham, Yardley or anywhere else?

[Mrs Wheeler]

I hope that my right hon. Friend will be pleased to hear that this summer, for the first time ever, the Government are undertaking an audit of all domestic abuse support services right the way across England. We have done a deep dive in Essex, just as a trial. In the county of Essex alone there are over 1,000 different ways of finding help for domestic violence. That is incredible. We need to find out where the domestic violence support services are across the whole country. This is the first time that the Government have ever done this.

[Mrs Miller]

I thank the Minister for those comments. These interventions are driven by that inconsistency in provision of services and by Members of Parliament wanting to get the best for the people they represent. The Minister is entirely right. By knowing how we can better provide a more equal service across the country, I hope that we will provide reassurance to those who support these amendments.

[Mrs Miller]

My right hon. Friend is absolutely right. That discretion at local level is so important. I have had one or two cases where the local authorities have not necessarily been on the front foot in the use of local discretionary housing payments. Perhaps the Minister could urge local authorities to understand their duties, particularly to families that have broken up and that are at risk of domestic violence, and to really understand the importance of delivering services using these payments.

[Mrs Wheeler]

I thank my right hon. Friend for mentioning that, because it gives me the opportunity to say that there is no limit to the length of time over which discretionary housing payment can be made; it could be one-off time-limited or it could be indefinite.

[Mrs Miller]

Again in her inimitable style, the Minister has answered another of the points that was raised earlier. I recognise that there are potentially time limits attached, and she is right to put on the record that that is entirely outwith any rules or regulations coming from this place.

This Bill helps to improve the lives of victims of domestic violence. That is a priority for this Government and a priority for this Prime Minister. I really applaud the Government’s work in trying to make the lives of victims of domestic abuse better. The hon. Member for Birmingham, Yardley is absolutely right that we should use every sinew in our body to make their lives better, and the Minister is doing a good job in that respect.