Draft Domestic Abuse Bill: Territorial Extent

(Urgent Question): To ask the Home Secretary to make a statement on the territorial extent of the draft Domestic Abuse Bill and the consequences of this for victims of violence across the UK.

The landmark draft Domestic Abuse Bill, which we published last week, will help to transform the response to these horrific crimes. It is aimed at supporting victims and their families and pursuing offenders, to stop the cycle of violence. The Bill will cement a statutory definition of domestic abuse that extends beyond violence to include emotional, psychological and economic abuse. The Bill does not create new criminal offences in relation to domestic abuse, because those offences are already settled law—for example, section 18 grievous bodily harm, coercive and controlling behaviour and even, in the saddest of cases, murder—and are all devolved.

In line with existing criminal law, the provisions of the draft Bill extend to England and Wales only. Contrary to the suggestion in the hon. Lady’s question, there has been no change in the territorial application of the Bill compared with the proposals in the Government’s consultation published last spring. That was made clear in the consultation paper and reflects the fact that the subject matter of the draft Bill is devolved in Scotland and Northern Ireland.

We are currently in discussion with the Scottish Government and Northern Ireland Department of Justice about whether they wish to extend any of the Bill’s provisions to Scotland and Northern Ireland respectively. We are seeking to establish a Joint Committee of both Houses as soon as practicable to undertake pre-legislative scrutiny of the draft Bill, and I encourage the hon. Lady and all Members to contribute to that process.

Domestic abuse affects communities in every nation in the UK, yet last week, after two and a half years of waiting, the Government published a draft Bill that restricts action to only England and Wales. I am asking this question not to debate the nature of devolution, but to ask why this Bill has been restricted when what was promised from the outset was very different.

The original consultation recognised that

“Insecure immigration status may also impact on a victim’s decision to seek help.”

We know that migrant women are much less likely to seek help because they fear deportation. Some may point to other immigration legislation going through this place, but that does not include anything on this issue either. This Bill would have been the vehicle for helping those victims, as immigration is not a devolved matter.

The then Home Secretary, who is now the Secretary of State for Work and Pensions, has rightly recognised that financial destitution can hold women in abusive relationships. This Bill contains much to be welcomed regarding action in the courts and an independent commissioner, but because it is restricted, it does not address critical areas of policy. Why, after two and a half years, would the Government do this?

The Sunday Times provided the answer this weekend, with confirmation that the Bill had been vetted by the Cabinet Office and that the Government feared making the Bill UK-wide because of the Democratic Unionist party. Why? Because this Bill is also about implementing the convention on violence against women—a convention the United Nations has said that we are breaching right now, because citizens in Northern Ireland are denied the right to choose not to continue an unwanted pregnancy.

Today, a brave young woman aged just 28, Sarah Ewart, is taking our Government to court to vindicate her human rights. She suffered a fatal foetal abnormality but, as a resident of Northern Ireland, was denied the right to an abortion at home, so she had to travel to England, as 28 women a week currently do. Last June, the Supreme Court told the Government that this situation breached the rights of UK women, but because of a technicality, it could not compel them to act.

Home should be a place of safety and love, and yet for 2 million people in this country a year, that is not the case. That is why we are introducing this unprecedented Bill, to try to help the victims of domestic abuse.

The hon. Lady rightly highlighted the fact that the Bill applies only to England and Wales at the moment. I set out the reason for that in my initial statement: the raft of offences that would support prosecutions of domestic abuse, including section 18 GBH and coercive and controlling behaviour, are devolved.

We have not rested on our laurels. I have written to the Scottish Government and the Northern Ireland Department of Justice to ask whether they will replicate this legislation in their own territories. I am delighted to say that the Scottish Government are looking at their own measures. I am sure that Scottish National party Members will have their own thoughts on devolved matters and the UK Parliament respecting that.

I must bring the hon. Lady back to the central subject of the Bill. This is about tackling domestic abuse, which I know she and many Members across the House feel strongly about. We must focus on the Bill. Let us not throw taunts across the Floor of the House. Let us work together to ensure that the Bill is in a good state when it is introduced formally. She asked about scrutiny of the Bill. We have said from the very beginning that this is a draft piece of legislation that will be scrutinised by a Joint Committee of both Houses. We anticipate that taking about 12 weeks, and once the Committee has produced its recommendations, we will look at those carefully before introducing the Bill.

Whatever the hon. Lady may have read on Sunday, I urge her not to believe everything she reads in the papers. We have to remember the people whom we are trying to help through the Bill. I have been delighted at the cross-party consensus on the Bill. Let us work together to stop this cycle of violence and help the victims of domestic abuse.

I highly commend the Minister and the Government for this very good Bill, but I very much share the concerns of the hon. Member for Walthamstow (Stella Creasy). I am gravely concerned that this is, in effect, a way of stopping what should be happening: a fundamental reform of the laws in Northern Ireland so that women in Northern Ireland have exactly the same rights as women in my constituency. Forgive me, Mr Speaker, for asking the Minister this, but I genuinely do not know the answer: are there any civil remedies in this Bill? If there are, I am afraid that the Minister’s response falls absolutely flat, because civil remedies are relevant across all the UK— [Interruption.] Apart from in Scotland—and therefore the scope of this Bill immediately needs to be changed.

I am extremely grateful to my right hon. Friend for raising that issue. I know how passionately she has worked to help the victims of domestic abuse, not only in this place, but in her previous career. I note her concerns and she knows that I, too, have my concerns, although those are not for today. I am sure she will join me in urging all those people who can make a difference in Northern Ireland to get around the table so that they can represent people and deal with this in the devolved Administration. On civil remedies, we have sought to consolidate the range of orders that are in existence at the moment, which can be very confusing, not only for victims, but for professionals involved in safeguarding victims. We are seeking to consolidate the range of orders available to protect victims in domestic abuse protection orders. They apply across the courts—family, civil and criminal courts. My understanding does not accord with hers, but I am happy to take that issue away.

As a Welsh MP, I have every confidence that the Welsh Labour Government are working towards delivering an excellent strategy on support for victims of domestic violence—I have no doubt that the same is true in Scotland. I totally respect the concept of devolution—when it works. But with the absence of Stormont, victims in Northern Ireland will see the progress in other parts of the UK only as further evidence of where they are falling behind in the support services and legislation available to them. We already know that in Northern Ireland they have no coercive control law and no stalking law, and the current controversy over the legality of abortion rumbles on. We need the Secretary of State for Northern Ireland to take firmer action so that we can see a return to devolved government.

The good people of Northern Ireland deserve the same rights as everybody else in the UK, and currently they are not getting that. They are not protected by a devolved Government because of Stormont’s suspension. Even in today’s Northern Ireland questions we have been calling for the return of devolved institutions. We believe that support and services for victims of domestic violence in Northern Ireland are best made in Northern Ireland, but after two years of no Government the situation is stagnant. The people of Northern Ireland are suffering the effects of this political hiatus, none more so than the victims of domestic violence, as their voices reverberate in an echo chamber. I know that no MP in this place would believe that policies and strategies that support our constituents should not be afforded to the people of Northern Ireland, with one of the most notable issues being that of abortion. Human rights issues are not devolved to the Northern Ireland Executive and, as such, issues around women’s reproductive health are the responsibility of this Home Secretary and other relevant Ministers. Decisions on the provision of public services, legislation and support for the people of Northern Ireland need to be reached urgently. If there is no likelihood of Stormont reconvening very shortly, this Government need to take responsibility to protect and support victims of domestic abuse in Northern Ireland.

As always, I am extremely grateful to the hon. Lady. Indeed, I should call her my hon. Friend, as she and I are agreeing furiously on the hope and aspiration that those who can make a difference and express the wishes of the residents of Northern Ireland—I hope we can all accept that they may not agree with our individual viewpoints on issues such as abortion, but that is why that topic is devolved—will get back round the table to sort this issue, as well as many others. I am sure we all encourage them in that, as I know she does. I gently remind colleagues again that this is about domestic abuse. Although, sadly, some abortions may be as a result of an intimate abusive relationship, not all abortions fall into that category, and I am keen that we try to focus on the victims of domestic abuse in this Bill and our scrutiny of this Bill, because they are the people we really are trying to help with the passing of this piece of legislation.

Let us call this out for what it is: part of an orchestrated campaign to alter abortion laws in Northern Ireland and here, and to replace those laws with extreme proposals for which there is no public appetite whatsoever. Does the Minister agree that it is highly inappropriate for such campaigners to hijack the Domestic Abuse Bill in this way, undermining a Bill to support victims of domestic abuse and their families? Does she agree that it is equally inappropriate to interfere in a devolved matter, one that has been devolved for almost 100 years, and set a dangerous constitutional precedent—a precedent of interference that would undermine the Good Friday agreement itself?

I thank my hon. Friend for her question. She demonstrates the range and depth of views, and the passion with which they are held, across the House on this topic of abortion. I am grateful to her for reminding us that this Bill is, as it says in the title, a draft Domestic Abuse Bill. I very much note her observations about the political structure in Northern Ireland. Again, I am not sure that this urgent question is the forum in which any changes to that are going to happen. I am grateful to her for her question, which underlines that we have to keep in mind the subject matter of this Bill; we are trying to tackle domestic abuse here.

The situation in Northern Ireland as regards women’s rights, particularly on abortion, is deplorable and requires addressing. However, this Bill could never have been UK-wide, because civil and criminal justice are devolved to Scotland. Indeed, last year Scotland passed its own Domestic Abuse (Scotland) Act 2018, which has already significantly strengthened statutory definitions and protections in respect of domestic violence, for example, by recognising the offence of coercive control.

There is much to be welcomed in the UK Government’s Bill, but I am pleased to hear that they are putting it through pre-legislative scrutiny, which we hope signifies that they are willing to listen to genuine concerns from Members from across the House. There are some UK-wide issues that this Government could and should legislate on. My hon. Friend the Member for Central Ayrshire (Dr Whitford) has led the campaign calling for default separate payments in universal credit, to protect the victims of domestic abuse from financial coercion. Scottish National party Members were dismayed that that was dismissed out of hand by the Secretary of State for Work and Pensions. Will the Minister speak to her counterpart at the Department for Work and Pensions so as to urgently introduce default separate payments or at least to create provision for the Scottish Government to do that, because of course that is one of the many aspects of welfare powers that are not yet devolved?

As has been mentioned by others, the insecure immigration status of women who are victims of domestic violence also needs addressing. I want to know what the Minister is doing to extend the eligibility of the destitute domestic violence concession, so that it supports more migrant women. More generally, what discussions will she have with her counterparts to support migrant women, throughout the UK, who are victims of domestic abuse?

I am very grateful to the hon. and learned Lady for her astute and concise analysis of the legal position. May I put on the record the UK Government’s thanks to the Scottish Government for the work they do with us on this and other associated crimes, such as stalking and harassment?

The hon. and learned Lady is absolutely right. I hope the House realises that we are being very open and transparent about the process for this Bill. It is a draft Bill specifically so that there can be a Joint Committee of both Houses—I think it is fair to say that this is an unusual level of scrutiny for the House—to look at the detail of the Bill and see whether improvements can be made.

On the specific issue of universal credit, I very much know about the issues that have been raised on these Benches. There is already a range of special provisions for victims of domestic abuse—for example, temporary accommodation, easements, same-day advances and signposting to expert support. However, I welcome the recent measures introduced by my right hon. Friend the Secretary of State for Work and Pensions regarding payments to the primary carer.

We will continue to work on this together, but I would make this observation. Those of us who take a particular interest in this subject all know that economic abuse, like all forms of domestic abuse, has no regard to income levels, job status or whatever. We must make sure that our answers are right not just for those on low incomes, but for women who do not need to have recourse to the welfare system.

I echo the words of the shadow Minister, the hon. Member for Swansea East (Carolyn Harris), in agreeing that there is a democratic deficit in Northern Ireland at the moment. In Northern Ireland questions this morning, we heard that there is currently no mental capacity legislation in Northern Ireland. In our Northern Ireland Affairs Committee, we have heard that it is still working to statements, rather than to education, health and care plans. The suicide strategy is sitting there but cannot be implemented, and we have the issue of equal marriage. This is much bigger than the Bill, and just to change the Bill to deal with one issue undervalues the role of devolution. The priority must be to get the Assembly back and functioning in Northern Ireland and dealing with all the inequality issues that are so important to the people in all communities.

Very much so. I am grateful to my hon. Friend for setting out the political complexities of this, but also the impacts on people living in Northern Ireland. Again, I am not sure we can solve the issue of devolved politics in Northern Ireland on the Floor of the House during this urgent question. However, we have contacted the permanent secretary who is currently acting in a temporary capacity in relation to Northern Ireland, because we want to see what can be done to help women in Northern Ireland as well as in England and Wales.

I have a great deal of time for the Minister, but what does she really think about how long it is acceptable to use the problem of there being no Assembly in Northern Ireland as a reason for this House not to act on the breach of women’s human rights in Northern Ireland, which we have debated at length in this Chamber? I would be interested to know what the Minister has to say about that.

I am extremely grateful to the hon. Lady, and I note her campaign on the particular issue of abortion and the decriminalisation of the law regarding abortion. At the risk of overreaching myself, I am not sure it is my place at the Dispatch Box at this time to give an assessment of how long this is taking, other than to say that the Prime Minister, the Home Secretary and everyone in this Government are very keen and we urge all those parties present in Northern Ireland to get back around the table. There are so many issues that need their attention.

May I ask my hon. Friend to confirm two things? First, is she committed and determined to tackle domestic abuse in all its forms? Secondly, is she determined to improve rights and protections for women across the United Kingdom?