Amendment 148

Part of Domestic Abuse Bill - Committee (5th Day) – in the House of Lords at 7:15 pm on 8 February 2021.

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Photo of Baroness Lister of Burtersett Baroness Lister of Burtersett Labour 7:15, 8 February 2021

My Lords, as I and many others said at Second Reading, the biggest hole in the Bill is its failure to make any provision for migrant women—a group of domestic abuse survivors who are let down badly by current provisions. I therefore strongly support these amendments, which, in different ways, would fill that hole and ensure that abused migrant women receive the same support as other domestic abuse survivors.

It is to the Government’s credit that they listened to the criticisms from domestic abuse organisations and, in particular, those working with abused migrant women such as Southall Black Sisters and the Latin American Women’s Rights Service—to which I pay tribute—and revised the prospectus for the Support for Migrants Victims pilot scheme. However, they refused to face up to the most fundamental criticism, as cited by the right reverend Prelate in her powerful speech, that a pilot scheme of this kind is simply not necessary in order to provide the evidence that Ministers claim they need before taking longer-term action to protect abused migrant women. Southall Black Sisters, for instance, has already provided the necessary evidence and the domestic abuse commissioner designate supports its belief that the Government do not need further evidence to act.

Although much improved from its original specification, the pilot is still inadequate to meet the needs of abused women. According to SBS, and as we have heard, the £1.4 million allocated is nowhere near enough to meet the needs of all the women requiring crisis support. It calculates that this will enable it to support only 50 women for three months each over a year, which would leave many women still excluded from protection and crisis support. At the same time, the £1.09 million grant it was awarded from the tampon tax fund to support women subject to the no recourse to public funds rule is due to end in March. As the right honourable Theresa May pointed out on Report in the Commons, we have to take account of the fact that the removal of financial support from a woman in a relationship might be

“part of the abuse they are suffering”.—[Official Report, Commons, 6 July 2020; col. 712.]

The Government must surely do all they can not to compound that abuse through public policy. At the very least, will the Minister consider suspending the application of the NRPF rule to domestic abuse survivors during the lifetime of the pilot to minimise the hardship that is likely to result?

Whatever the merits of the pilot project there is, as we have already heard, no guarantee that it will lead to lasting change. Such an important part of the domestic abuse strategy should not be dependent on the presence of sympathetic Ministers. Domestic abuse legislation does not come along that often; indeed, how many years have we had to wait for this Bill, welcome as it is? It is therefore vital that provision be made within it to ensure equal protection for migrant domestic abuse survivors. Indeed, the EHRC warns that failure to do so might put us in breach of the European Convention on Human Rights and, as we have heard, it would almost certainly breach our obligations under the Istanbul convention. Given that the Minister said in her letter to Peers following Second Reading that the Government will ratify the convention only when they are satisfied that we meet all our obligations, it is surely imperative that equal protection for migrant women be enshrined in this Bill, as argued by the noble Baroness, Lady Helic, and my noble friend Lord Griffiths of Burry Port.

As we have heard, Ministers repeatedly tell us—most recently at Second Reading—that, to quote from the 2020 report on progress toward ratification of the convention,

“all victims of domestic abuse are treated first and foremost as victims regardless of their immigration status.”

They are absolutely right that that is how things should be but it is not how things are, as migrant status trumps victim status all too often. The one way in which the Government can convince us—and, more importantly, the organisations on the ground and migrant women themselves—that they are genuine in their claim to treat abused migrant women as victims first is by accepting these amendments.