Clause 21 - Code of practice for victims
Domestic Violence, Crime and Victims Bill [Lords]
3:45 pm
Mrs Cheryl Gillan (Shadow Minister, Home, Constitutional & Legal Affairs; Chesham and Amersham, Conservative)
The clause is the enabling clause for the code of practice for victims, and we welcome this step forward in the way in which we deal with victims.
Amendment No. 13 is simply inspired by the plight of many people, the majority of whom, by far, are women, who come to this country to join their family or to get married and who are then subject to violence. I acknowledge that the Government have offered them protection to a certain degree by quite sensibly applying the new domestic violence rule to the immigration rules. I understand that if a woman can show that her marriage to a British citizen or to an individual who has settled in this country broke down because of domestic violence during her two-year probationary period but before she has indefinite leave to remain, she may be granted settlement. That has
regularised a situation and shows the humanity with which we can treat women who find themselves in those circumstances.
However, there remains a group of women who are over their two-year probationary period—they are commonly referred to as overstayers—and who do not have the protection of settlement open to them that is afforded by the application of the domestic violence rule. They are usually entirely dependent upon their spouse to regularise their situation and if he is abusive, they remain trapped, because the alternative, as they see it, could be deportation or worse. Their overstay is not their fault, as it is not in their control, and an abusive spouse can hold it over the head of the women as a controlling factor. If a woman is unable to access help or advice when her visa expires and her two-year probationary period is up, she is entirely at the abuser's mercy.
I have been particularly impressed, as I believe that the Minister and other Committee members have, by the Southall Black Sisters, who have highlighted this and other issues. I am sure that it will seek to persuade the Minister of the changes that it wants and I know that it has held meetings with Committee members in an attempt to do so.
I also appreciate that while considering this matter we should ensure that any provision cannot be abused, whereby parties agree to rely on a defence of domestic violence to secure settlement. That should not put us off considering amendment No. 13. I appreciate that it might not find favour with the Minister but if he cannot agree to it, I would ask him to undertake to address the issue and to provide a solution that the Government would find acceptable. It is not right that in 2004 we should consign a group of black and minority women to live in fear and trepidation. I look forward to hearing his views on the amendment.