(2 days ago)
Commons ChamberThe hon. Member has made the important point that this is not just a criminal justice problem to be solved, but a problem for every single Department. That is why we have a cross-Government strategy on tackling violence against women and girls, which includes economic abuse. Along with the Safeguarding Minister, I regularly meet Treasury and DWP colleagues in order to get to grips with the problem, and we will publish our strategy in the coming months.
I welcome all the work that the Secretary of State and her team are doing in this important area, for instance through the Women’s Justice Board. At least 57% of women in prison and on probation are victim-survivors of domestic abuse, and in many cases their alleged offending is directly linked with their experiences of that abuse. What consideration has the Minister given to the introduction of an effective defence for domestic abuse victims who use force against their abusers, and for those who are coerced into offending?
I know that my hon. Friend cares deeply about this issue. She will be aware of the work that the Women’s Justice Board is doing with the Department, some of the reviews by David Gauke including, specifically, the sentencing review, and Baroness Casey’s recent rapid review of grooming gangs; all that work is connected with defences for victims. We are actively considering this matter, and I will happily work with my hon. Friend and the Centre for Women’s Justice to develop further policies.
(1 month, 1 week ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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It is a pleasure to serve under your chairship, Mr Vickers. I pay tribute to my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan) for opening this very important petitions debate. I thank the petitioner, Gemma, and everyone who signed the petition. It is a real privilege to speak in this timely debate.
Abortion remains a criminal offence in England and Wales under a law written in 1861. That means that in those two jurisdictions, still, in 2025, women can be criminally prosecuted and imprisoned for ending their own pregnancies. That is not a theoretical consequence of a law passed before women even had the right to vote; it is happening now at an increasing rate.
Since 2020, around 100 women have been criminally investigated, six have faced court and one has been sent to prison on suspicion of illegal abortion offences. Those investigations are dehumanising and prolonged, and the women forced to endure them are often extraordinarily vulnerable: victims of domestic abuse and violence, human trafficking and sexual exploitation, girls under the age of 18, and many women who have suffered miscarriage, stillbirth or who have given birth prematurely. They are victims but they are treated as suspects and subjected to invasive investigations that inflict profound long-term harm.
Because of this law, women are being dragged through police cells after having given birth and forced to wait up to six years for a court date. Mothers are being torn from their existing children and new babies—sometimes for years. Some are still fighting to get them back. Women have received death threats. They have self-harmed, been denied access to the mental and physical health care they require following their trauma and been forced to spend every single penny that they and their families have earned just to defend themselves. Just what public interest is that serving? It is not justice; it is cruelty. Yet now, under new guidance from the National Police Chiefs’ Council, officers are being told that they can seize women’s phones and search their messages, internet history and even health apps if they are suspected of ending a pregnancy outside of the law. It is state-sanctioned surveillance, and victims are being treated like criminals.
That is why the law has to change. I have tabled new clause 1 to the Crime and Policing Bill to put an end to the prosecution of women for ending their own pregnancies. It is backed by 115 cross-party MPs and 50 sector organisations. My new clause simply disapplies the criminal law related to abortion from women acting in relation to their own pregnancy. Despite what those on the opposing side scaremonger, my new clause is narrow and targeted. It changes absolutely nothing about the provision of abortion services and the conditions laid out in the Abortion Act 1967, including the time limit and the need to meet certain criteria and to obtain the approval and signatures of two doctors. It maintains existing punishments for both medical professionals and violent partners who end a pregnancy outside of the law.
Instead, new clause 1 simply removes the threat of criminal liability from women who end their own pregnancies, enabling them to get the care and support that they need. As has been mentioned, it would bring us into line with Northern Ireland, Ireland, France, Australia, New Zealand and Canada. The reality is that no woman wakes up 24 weeks pregnant or more and suddenly decides to end their own pregnancy outside a hospital or clinic. But some women, in desperate circumstances, make choices that many of us would struggle to understand. What they need is compassion and care, not the threat of criminal prosecution.
As hon. Members will be aware, my hon. Friend the Member for Walthamstow (Ms Creasy) has tabled new clause 20 to the Crime and Policing Bill in this regard. She and I share the same interests and overarching objective—to remove women from the criminal law related to abortion—but her new clause is markedly broader in terms of the scope of change proposed to the long-standing settlement that provides for abortion services. This framework is complex. Hard-won battles have cemented women’s access to abortion in this country into primary legislation. Parliament has, up to now, remained resistant to changes that constitute a rollback. I have concerns about overturning that entire framework at the current time and replacing it with a mechanism that would leave power in the hands of a single Minister. Does the Minister agree that such powers would mark a sea change in the long-standing, underlying framework that provides for abortion in England and Wales?
The Abortion Act 1967 is also related to the underlying criminal law on abortion in England and Wales. Repealing that law in its entirety would bring the continued practical operation and enforcement of the Act into question. Will the Minister comment on the likelihood of that leaving a regulatory gap?
We are lucky enough to live somewhere where abortion is accessible to the vast majority of women—and rightly so. We must ensure that we preserve that, particularly given the current political climate in the world. I would also expect any proposed changes on this subject to be consulted on and to include input from the sector, the essential work of which is underpinned by the current settlement.
I am staunchly pro-choice, and as much as I believe that future reforms on abortion provision are needed, we must not lose sight of the current moral imperative and its urgency: vulnerable women being dragged from hospital bed to police cell on suspicion of ending their own pregnancies. That can be stopped by disapplying the criminal law on abortion in relation to women.
New clause 1 has the explicit backing of every single organisation that represents abortion providers in England and Wales. It is also supported by the Royal Colleges of Obstetricians and Gynaecologists, Midwives, General Practitioners, Psychiatrists, and Nursing. Countless groups on violence against women and girls, including the End Violence Against Women Coalition, Refuge, Southall Black Sisters, Rape Crisis England & Wales, Imkaan, and the Centre for Women’s Justice, are also behind new clause 1. It is also supported by today’s petitioner—thank you, Gemma.
The public supports this change. This petition, signed by more than 103,000 people, is a stark reinforcement of that fact. It is time to ensure that those desperate women who are failed by the law or access to abortion can safely turn to healthcare in their time of need—often the worst moments of their lives—without fear of being turned in to the police by their own doctors. Those women deserve the care and compassion that they need. We have spoken today of the case of Nicola Packer. There must be no more Nicola Packers.
I do apologise, Mr Vickers. I just thought that, given his recent pronouncement and the interest that he has shown in this matter, the hon. Member for Clacton would be here.
Let me talk, then, about the vice-president of the United States—I hope you will understand, Mr Vickers, that I could not have asked him to be here today. He is one of those fellow travellers who believes that there are votes to be gained by using women’s bodies as a battlefield; that is what the debate about abortion in America has become. We are seeing American ideas—the concept of abortion until birth and the idea that women should be expected to explain themselves—being brought into our debates. I know that many of us will fight tooth and nail against those narratives and for equality, so I ask colleagues across the House: when people come for our abortion rights or propose further restrictions or “safeguards” for abortion, do we want the power of a human rights commissioner to back us up in those fights? This is our chance to have that: new clause 20 learns from a body of law and of practice in Northern Ireland about how we protect abortion properly. We do not just decriminalise it; the new clause would properly protect abortion.
I listened to my hon. Friend the Member for Gower, and I urge her to reread new clause 20, because from what she said, I do not think she has read it properly. Rather than concentrating power in the hands of Ministers —precisely because of the risk that comes from any future Government that may seek to use secondary legislation powers—the new clause would actively restrict them. It has a triple lock and states, first, that regulations can be made only to uphold that human rights approach and, secondly, that they cannot be used to reduce access to abortion, or to amend section 1 of the 1967 Act—which new clause 20 keeps in play as a list for regulation rather than prosecution, so it does not touch the time limits either. The new clause then states that any attempt to undermine that human rights lock can be done only with the support of the entire Parliament.
Any new Member of Parliament here today has probably had the pleasure of sitting on a Delegated Legislation Committee in the last year and wondered quite what they are doing in a small Committee Room. The answer is that they are making law, but doing so in a Committee where the balance of power has been determined by the Whips and where the Government get to decide who sits on that Committee. Those are secondary legislation powers. It is entirely conceivable that new clause 1, if passed, would give those secondary legislation powers—they are in the policing Bill—to a future Government without any restriction.
This is not a competition between my hon. Friend and me—we both have the same aim—but it is interesting that more than 115 MPs have signed new clause 1, and it has been endorsed by the whole industry. Everyone has signed up to it. Has my hon. Friend had conversations with them about why they have not signed up to her new clause?
I am sorry that my hon. Friend feels the need to ask that question. She knows full well that despite me asking repeatedly to meet her and to talk to the campaigners she has been working with, that meeting has not yet been forthcoming. I am still open to meeting people, but we need to be very clear on the record: new clause 20 has in it a lock on the activity of Ministers, deliberately so, because this is a human rights issue. It should be a matter that is subject to the entire Parliament, and it should be clear that Ministers may only ever use the powers in this legislation to make human rights-compliant legislation. If they did not, the human rights commissioner could challenge them on it and take the Secretary of State to court, just as was done in Northern Ireland.
Conversely, new clause 1 would allow Ministers to have secondary legislation powers without any restrictions. Again, I ask Members who are concerned about Ministers being involved in writing legislation to look at the difference in that constitutional role. I recognise that only those who have had the repeated pleasure of serving on secondary legislation Committees will understand the powers they can have. Certainly, I encourage people to look at how George Osborne used secondary legislation powers to change the student tuition fee rates and benefit rights. The previous Government used them under the retained EU law legislation. The scope of those powers has been broadening. Many of us respect the role of Government, but obviously we recognise that, should there be a Government with a more extreme agenda in the future, they will also have those powers. New clause 20 would lock those powers down.
I do not wish to detain the House any longer, because others wish to speak. What matters is that we are clear about why proper decriminalisation matters. Restricting access to abortion does not stop abortion; it stops safe abortion. Failing to protect access to abortion does not make it easier for people to have children; it simply means more pain, misery and heartache to be had. There is no right amount of abortions to happen in our society, but a basic human right is at stake here. Members of this House who are alive to the politics and the policy debates on abortion and in politics would do well to think about how they will feel in five years’ time if what we see at the moment is the start, not the end, of assaults on abortion. I urge Members who care about decriminalisation to back new clause 20 and make sure that our constituents in England and Wales have the same human right that they do in France and Northern Ireland.
(7 months ago)
Commons ChamberI would be delighted to meet the hon. Gentleman and his constituents to discuss the case.
The Minister will be aware of increased reports of internet image abuse and the rise of deepfake pornography. What is her Department doing to ensure that women and girls are safe online and that this modern form of abuse can be prevented?
This Government share the concern that more needs to be done to protect women from this appalling form of abuse. That is why we made a clear commitment in our manifesto to criminalise the creation of sexually explicit deepfake images of adults, and I look forward to setting out our position on this in more detail soon.
(7 months, 1 week ago)
Commons ChamberI have led two Westminster Hall debates for the Petitions Committee on the subject of assisted dying. I have grappled with this subject, and I still do. When my hon. Friend the Member for Spen Valley (Kim Leadbeater) was speaking earlier, I had a packet of tissues, and I made swift work of them. It really is so difficult for so many us, with our personal experience and our own thoughts.
It is genuinely our privilege to be able to say that this is what we want or what we do not want. We may not be facing this right now in our lives, but when you are, you think about it deeply. I will be voting for the Bill today. I think about this all the time—I need to maybe get a bit of a life—because it really is something that bothers me. It is an honour for all of us in the Chamber to be able to debate this today, whatever our views. I have to say, this is just not easy. I want everybody out there to know that it is not easy. It is really difficult, and it is difficult for those on both sides of the debate.
I will get to the Bill now, because as has been pointed out, we are here to talk about the Bill, not to get overly emotional. I want to talk about how it impacts Wales. I hope we will be able amend the Bill to take consideration of these things, and I hope that we can look at this in detail in the Lords. I believe that the Bill should pass today, because we need to discuss it and know how it is going to work. As it is currently drafted, we will need to look to the Welsh Government to see if there needs to be a legislative consent motion, because it does not seem to engage with the Sewel convention in a substantive way.
Issues that have been raised with me include that the Bill places multiple duties on the Secretary of State in England around codes of practice and ensuring assistance within the NHS. The Welsh Government need to be happy with the Secretary of State in England deciding how services are to be provided within the Welsh NHS. There will need to be an amendment, which I suspect will then engage with the Sewel convention.
The need for subordinate legislation to enact the Bill is really complicated, and we need to see how it will be passed in this place. There are issues around the codes of practice, because some of them are devolved. I want to highlight that, because regardless of the emotional stories that we will hear today, we need to mindful that the Bill has an impact on legislation in Wales. It is very important that if the Bill does go through today, those discussions are had, because everybody’s life matters, and we have to get this legislation right.
I do not want to take up any more time, but I thank all my hon. Friends and, in particular, my hon. Friend the Member for Spen Valley, who has been an absolute gem.
(11 months, 3 weeks ago)
Commons ChamberMy hon. Friend is absolutely right. As I said earlier, employment is crucial, because we know that if those who leave prison are in work within a year of leaving prison, they are much less likely to reoffend. That is why one of our manifesto commitments was setting up employment councils in our prisons—bringing together prison governors and local employers to make sure we are doing everything we can to drive down rates of reoffending. We will have more to say on that in the coming weeks and months.
I associate myself with the comments of the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), because the women’s residential centre she speaks of happens to be in my constituency.
The Lord Chancellor will be very aware of the current issues in Parc prison, Bridgend. I pay tribute to the very hard work of my hon. Friend the Member for Bridgend (Chris Elmore) and to the previous Welsh Affairs Committee. The previous Government blamed the local culture of the community for the issues that were arising in Bridgend; I certainly find that insulting. There is also an issue regarding staff there, and the intimidation that they and their families have faced. Will the Lord Chancellor reinforce and support those in the Prison and Probation Service who work in Parc prison, Bridgend, and work—particularly with my hon. Friend the Member for Bridgend—to ensure that the culture in the prison changes and people are safe?
I would be happy to meet both my hon. Friend and the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts)—individually or together—to talk about the women’s prison, and to write to them on that point.
In relation to Parc, I also pay tribute to my hon. Friend the Member for Bridgend (Chris Elmore). I would be happy to work with him and other hon. Members with an interest. I am deeply concerned about the situation at Parc prison, and pay tribute to the staff who work there. As I have said many times, I am in absolute awe of the efforts made by staff across the Prison and Probation Service, who keep our system—a system which has been in dire straits—going under extreme pressure. I will happily meet hon. Members to discuss Parc, but it is a situation that I am already monitoring closely.
(1 year, 1 month ago)
Commons ChamberIn 2010, the total number of children in custody was over 3,000; that figure is now around 500, so there has been a significant reduction. The decision of whether to remand is a matter for the judges. They can remand in custody only if there are substantial grounds for believing that, if released on bail, the child will commit further offences or indeed fail to surrender. We are also investing millions of pounds in Greater Manchester, for example, to see whether there are other options in remanding children into local authority accommodation and not necessarily into custody.
With the Victims and Prisoners Bill, we are putting the victims code on a statutory footing. It includes a right for any victim of crime to be signposted by the police to correct and appropriate support services. We have quadrupled victims funding since we took office in 2010 to over £150 million a year, and have recruited almost 1,000 independent sexual violence advisers and independent domestic violence advisers into the criminal justice system. In addition, we provide a range of freephone support lines, including a 24/7 hotline for rape.
Rapists, domestic abusers and stalkers cannot be convicted if trials are not going ahead, and victims are dropping out after being made to wait years for justice. Where is the Government’s plan to tackle the record court backlog, which is making victims wait years for justice?
(1 year, 3 months ago)
Commons ChamberI reassure the hon. Lady that the Courts Minister has said that he will meet her to discuss the matter. She will know that the cost of transcription for a full trial can be as high as £20,000, but the power and impact of any trial, where there has been a conviction, is in the judge’s sentencing remarks at the end, in seeing everything, and society’s opprobrium is expressed through the voice of the judge. That is why we are conducting a pilot for free sentencing remarks in all those cases.
Delays in decision making during care proceedings can have a significant impact on children, and we recognise that there is more to do to address that challenge. That is why last year the Government published their response to the independent review of children’s social care, setting out a programme of action to achieve better outcomes. The Department for Education is investing an extra £10 million on new initiatives to address the longest delays and meet the statutory requirement to resolve proceedings within 26 weeks.
Data from Cafcass shows that children who have been removed from their parents by the state have to wait an average of 46 weeks to get a final decision on where they will live. That is heartbreaking. What assessment has the Minister made of the impact of extended family proceedings on the mental health of the children involved and their ability to access support and child and adolescent mental health services?
The hon. Lady raises a very serious point. The impact on the child and the wider family is appreciated. We have invested in capacity, with more money for Cafcass, judges and recorders, and more sitting days to ensure that we increase capacity so that hearings can be heard effectively. We are also focusing on the public law outline, which sets a maximum number of hearings and the time limits, to ensure that proceedings are heard on time. If the hon. Lady wishes to raise any specific cases, I will be happy to meet her to get to the bottom of any specific problems.
(1 year, 6 months ago)
Commons ChamberI thank my hon. Friend for drawing the attention of the House to that appalling incident. Yes, it is absolutely imperative that both victims and witnesses can access support in the aftermath of such shocking crimes. As I indicated, we are quadrupling funding for victims and witness support by 2024-25 on 2010 levels. This is important. Under the 2006 victims code that we inherited, support was available only for direct victims. We have changed that, so it is now available for witnesses who have suffered mental or emotional harm.
The Government left the role of Victims’ Commissioner unfilled for over a year and to this day have refused to place any duty on public bodies to co-operate with the postholder. Will the Government and the Secretary of State explain why they have not supported Labour’s proposals to give the role the same powers as the Domestic Abuse Commissioner has over public authorities such as the police?
The Victims’ Commissioner plays an important role and we are delighted that Baroness Newlove is taking it on again. She has an exemplary track record. The role sits within a wider approach that we are taking, which is to ensure, through the Victims and Prisoners Bill and through the revised victims code and so on, that victims go from being spectators of the criminal justice process to participants in it. I know the Victims’ Commissioner will help us on that journey.
(2 years ago)
Public Bill CommitteesI will withdraw from speaking, because I realise that time is pressing on.
(2 years ago)
Public Bill CommitteesI very much agree. I have had constituents come to me who are in the most dreadful state as a consequence of repeated instances of antisocial behaviour, sometimes over many years. Sometimes it can take years until they come and see me, and I then have to say to them, “These are difficult issues to resolve. I’m going to try this, and I’m going to try that,” but I cannot say to them, “I’m going to get all the agencies together and force them to do something.” I have to expectation manage myself when they come to see me, because one knows from experience that it is just not possible to promise to solve these issues.
Perpetrators are canny, and one of the things they do is complain to the police first. For the citizen who has never broken the law and would never dream of inflicting this kind of behaviour on their neighbours, going to the police is a last resort, but for some perpetrators, going to the police is a first resort so they can induce the impression among the police that it is a dispute between neighbours.
My right hon. Friend is making an excellent speech about the victim and the perpetrator’s actions. We see at first hand that there is no thought about the effect of the antisocial behaviour on the victim, who may be a veteran and may have post-traumatic stress disorder, so working across agencies is vital in supporting our constituents.
Indeed, and that is what usually happens. One of the cases that springs to my mind involves a veteran—I will not use the gentleman’s name—who for years has carried around a little rucksack with all the things he values in his life, including his service medals, so he can get away from the flat he lives in because he is worried about what the perpetrators might do. Although the issue has been going on for many years, I have not been able to deal with it to his or my satisfaction, even though some of the instances he has told me about have been quite awful. If he were to see that antisocial behaviour is not included in the Bill, and that it is seen as a lower level of crime—not even as crime—he would not be very impressed, quite frankly.
The right hon. and learned Member for North East Hertfordshire made the important point that the agencies are not doing their job, and I agree. It is like a hot potato: they say, “Oh, it is not for us,” and they send it to the police, who send it to the council, and nobody problem-solves. Obviously, the job of MPs is to try to knock a few heads together and get some problem solving going on to resolve an individual matter. We all do that, and in some instances we are successful, but with antisocial behaviour it is very difficult. The signal we are sending by leaving antisocial behaviour out of the definition of “victim” is that it is somehow below a threshold. The Bill will not encourage the agencies to up their game if they do not see that kind of behaviour in the definition of “victim”.
That is why I hope the Minister will have a think about the amendment. I know he will stand up and say, “Well, if it reaches the threshold of crime, it is included,” because he said that in respect of the previous two amendments. Of course, that is technically correct, but in the real world, where agencies are starved of resource and always have to ask, “Which issue should we deal with as a priority?” because they cannot deal with all of them, sending the signal that antisocial behaviour is not as important as something that comes above a different threshold and counts as crime means that it will be left out and these problems will not be solved. Our many constituents who suffer from serious antisocial behaviour—which does amount to crime, but try getting the police to handle it in that way—will be left feeling that they are second-class victims yet again. I do not think that is the intention behind the Bill and of legislating to put the overarching principles of the victims code into law. If the Minister cannot do something, that would be a regrettable omission. I hope he will give us some good news and say that he will implement the commitments made by his predecessors.