“(1) Notwithstanding the provisions of any other enactment, a victim of domestic abuse who—

(a) has leave to enter or remain in the United Kingdom which is subject to a condition that they do not have recourse to public funds,

(b) requires leave to enter or remain in the United Kingdom but does not have it,

(c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking,

is entitled to be provided with services in accordance with the victims’ code.

(2) The Secretary of State may by regulations make provision that is consequential on this section.

(3) For the purposes of this section—

‘domestic abuse’ has the same meaning as in section 1 of the Domestic Abuse Act 2020;

‘victim’ has the meaning given by section 1 of this Act.” —

This new clause would ensure victims of domestic abuse who do not have recourse to public funds are still entitled to be provided with services in accordance with the victims’ code.

Brought up, and read the First time.

I beg to move, That the Clause be read a Second time.

In effect, I am trying to help the Minister to reach out to all victims, because some are currently unable to access his excellent new code. Evidence suggests that migrant victims are more vulnerable to experiencing serious crime and, at the same time, less likely to receive redress. Migrant victims encounter multiple barriers to protection and safety. The immigration system and the hostile environment policy create structural obstacles to justice. Migrant victims of domestic abuse often face a stark choice: staying in a violent relationship, or deportation and destitution if they leave. Because of their own or their parents’ insecure immigration status and the no recourse to public funds condition, children may also be trapped in those situations.

Improved legal rights are therefore crucial to enabling migrant victims to access lifesaving services and support to escape abuse and rebuild their lives. Southall Black Sisters have been leading a 30-year campaign, to which I pay tribute, to ensure that migrant victims and their children are able to access safety and support. The campaign is calling for the no recourse to public funds condition to be lifted and for victims of domestic abuse to have the right to stay in the UK. That is critical, so that they can obtain welfare benefits and housing from the local authority to escape abuse on the same basis as those with secure immigration status.

I acknowledge that the new clause does not go that far, but it would ensure that, at the very least, migrant victims can access support services under the Minister’s victims code. The current situation is untenable. Many cannot even enter a women’s refuge if they cannot pay their rent or living costs. Many cannot seek help without the fear of being removed from the UK. Many women risk being sent to countries where women face particular ostracism, harassment and honour-based abuse due to the stigma of being separated, divorced or unmarried.

Over the years, Southall Black Sisters have achieved some major reform to immigration policy and rules for those on spousal or partner visas. The introduction of the domestic violence indefinite leave to remain scheme in 2002 and of the destitution domestic violence concession in 2021 has benefited over 1,000 victims every year. However, the provisions do not cover those on other types of visa or those without documents who may be subjected to domestic abuse by partners or family members: they remain unprotected and vulnerable to domestic abuse within the home or to economic and sexual exploitation outside it, as they become destitute and homeless as a consequence. Undocumented victims are particularly vulnerable to the weaponisation of their status by the perpetrator; they can become overstayers through no fault of their own, because they have few rights in this country.

In April 2021, the Home Office introduced the support for migrant victims pilot scheme to provide support for victims of domestic abuse who have no recourse to public funds. The scheme, which is being delivered in a UK-wide partnership led by Southall Black Sisters, has now been extended for another two years to March 2025, pending a longer-term solution. The extension clearly indicates that the Home Office recognises the vital importance of providing financial support to migrant women with no recourse to public funds. The pilot assisted about 400 victims in the first year and 560 in the second.

The first year of the pilot scheme has been externally evaluated by the Home Office, but the results have not yet been published. However, Southall Black Sisters commissioned the child and woman abuse studies unit at London Metropolitan University to evaluate the pilot for the same period. The unit’s report “Living at the Edge” shows that although providing assistance under the scheme is essential, victims need more money for longer, as the current rates are below those for universal credit, despite a recent rise to deal with the cost of living crisis.

Many victims are still unable to access a refuge in areas where there are high rents. Instead, they are housed with their children in unsuitable accommodation such as bed and breakfasts or hotels. Also, some refuges are reluctant to accept referrals if funding is available for only a short period, particularly in complex spousal/partner visa cases, non-spousal/partner visa cases and undocumented cases.

The evaluation recommends an extension of the destitution domestic violence concession and the domestic violence indefinite leave to remain scheme to protect all migrant victims of domestic abuse. The Domestic Abuse Commissioner also recommends the simple extension of those two schemes, which should be available for six months for all migrant victims, pending longer-term solutions. The commissioner’s report estimates that the social gains of supporting migrant victims in that way would be about £2 billion over 10 years, with about 7,700 victims likely to need refuge or other accommodation. That small amount would not place a significant burden on the public purse. More importantly, it would provide crucial safety and support to vulnerable victims and their children.

Based on all the evidence, an extension to the current provision for those on a spousal or partner visa to all victims, irrespective of their immigration status, would be the most simple and effective way of improving access to vital lifesaving services and support for migrant victims. The new clause would help to end the discrimination and the two-tier system that currently exists between migrant and non-migrant victims. I also ask the Minister to commit to ensuring that all migrant victims can access support services under the victims code and that tailored services for migrant victims are funded and resourced.

Again: please see other debates from the past eight years about how important this issue is. At least my hon. Friend the Member for Rotherham and I do not have to keep redrafting the amendments. I thank the people in the drafting office for all their help over the years with drafting the same Amendment over and over again to put into Bills.

The Government’s response to this amendment, based on previous experience, has been to carve out parts of the Istanbul convention, which they claim to have proudly signed up to, because it will not allow them to renege on helping migrant victims. I recognise the Minister’s point about the previous firewall amendments; I also heavily recognise that he is from the Ministry of Justice, not the Home Office. It is a bit like I am having an argument with a cloud, because the person I am actually cross at is not here to represent themselves. I feel they know I am cross.

I am afraid to say that one of the things that is problematic about the scheme run by Southall Black Sisters in partnership with Birmingham and Solihull Women’s Aid, where I live, is that the Government have never released the documents assessing it. They repeatedly said that they would, but we have yet to see them—another piece of paper that we are waiting for from the Home Office.

I absolutely support new clause 26. I know that the Minister has already quoted The Sun today, and I will simply say that this is not some sort of woke, woolly liberal concern: it was The Sun that backed the campaign to ensure that when a victim of domestic abuse comes forward, we ask not what stamp is on their passport, but what we can do to help. That is the standard we should set, and not keep on having a pilot that is now in its fourth year of existence.

I am grateful to the hon. Member for Rotherham for this debate on new Clause 26, which would put it on the face of the Bill that victims of domestic abuse who do not have recourse to public funds can still receive services under the victims code. While I fear that some of what I will say may disappoint the hon. Lady, it is none the less important that, like her and the Shadow Minister, I put on the record my tribute to the work done by Southall Black Sisters and Birmingham and Solihull Women’s Aid, which I suspect the shadow Minister knows very well.

I emphasise that when a crime is committed, our immediate priority is always the welfare of the victim, irrespective of their immigration status. Victims of crime are victims first and foremost. That is why the victims code states:

“You have the Right to services under this Code regardless of your resident status.”

The code does not contain any eligibility requirements linked to immigration status, and victims who have no recourse to public funds are still able to receive support under the terms of the code. That includes right 4, which is the entitlement to be referred to and/or access services that support victims.

We have, however, heard the important point that in practice the recourse to public funds rules in the Immigration and Asylum Act 1999 affect the ability of victims of domestic abuse with insecure immigration status to access some accommodation-based support services that fall under the provisions of no recourse to public funds, for example in relation to rent charges that are paid for via housing benefit. As Members will undoubtedly know, that is why we have made specific, targeted support available to ensure that migrant victims of domestic abuse in the UK can access the right support services, including access to safe accommodation funding through the destitute domestic violence concession, which enables victims who have entered the UK on a partner or spousal visa to access public funds for three months.

As I have previously set out, the support for migrant victims scheme provides migrant victims with support including accommodation, subsistence and counselling. It has supported more than 950 victims since its introduction in April 2021. The pilot scheme and independent evaluation —I note the comments made by the hon. Member for Birmingham, Yardley—will help to establish the evidence base to inform long-term decisions on policy and funding. That includes establishing a clearer picture of the volume of migrant victims with no recourse to public funds who require accommodation and subsistence. My Home Office colleagues will be listening carefully to the points made by the hon. Member for Birmingham, Yardley and will consider the evaluation and other evidence. We have committed to continuing to fund the scheme until March 2025, ensuring that we maintain support for migrant victims of domestic abuse.

I hope that what I have said goes some way towards reassuring the hon. Member for Rotherham of the various ways in which the Government are supporting victims irrespective of their residency status, especially victims of domestic abuse. Crucially, the code is clear on entitlements for victims applying, irrespective of a victim’s residency or immigration status, and on the measures that we are taking to enable access to the right support services. I encourage the hon. Member not to press her new clause to a Division.

Of all the amendments that I have tabled, I have to say that new Clause 26 was the one that, from the start, I thought the Minister would not support—not because it is a poor provision, but because of the hostile environment towards people from overseas that we now find ourselves in. It pains me that I seem to have been correct about that, even though the Home Office knows that there is a need because it is funding the pilots, for which I am very grateful.

May I very gently say two things to the hon. Lady? First, my recollection is that the phrase “hostile environment” was first used by a Labour Home Secretary. Secondly, the no recourse to public funds constraint came about in a piece of legislation passed in 1999, when the Labour party was in power.

I hear what the Minister is saying. I will say again that Southall Black Sisters have been pushing for this for 30 years, so it has been an issue across multiple Governments. The Minister also has to recognise that in the current climate, my hopes that the right thing will be done towards migrant women are about as low as they have ever been in these past 30 years.

There is an awful lot of support for these measures. We will not give up, but at this point, as I am a realist, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.