Parliamentary Debates House of Commons Official Report General Committees

PARLIAMENTARY DEBATES HOUSE OF COMMONS OFFICIAL REPORT GENERAL COMMITTEES Public Bill Committee DOMESTIC ABUSE BILL Eleventh Sitting Wednesday 17 June 2020 (Morning) CONTENTS New clauses considered. Adjourned till this day at Two o’clock. PBC (Bill 96) 2019 - 2021 No proofs can be supplied. Corrections that Members suggest for the final version of the report should be clearly marked in a copy of the report—not telephoned—and must be received in the Editor’s Room, House of Commons, not later than Sunday 21 June 2020 © Parliamentary Copyright House of Commons 2020 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 381 Public Bill Committee 17 JUNE 2020 Domestic Abuse Bill 382 The Committee consisted of the following Members: Chairs: †MR PETER BONE,MS KAREN BUCK † Aiken, Nickie (Cities of London and Westminster) † Harris, Rebecca (Lord Commissioner of Her (Con) Majesty’s Treasury) † Atkins, Victoria (Parliamentary Under-Secretary of † Jardine, Christine (Edinburgh West) (LD) State for the Home Department) † Jones, Fay (Brecon and Radnorshire) (Con) † Kyle, Peter (Hove) (Lab) † Bowie, Andrew (West Aberdeenshire and Kincardine) † Marson, Julie (Hertford and Stortford) (Con) (Con) † Phillips, Jess (Birmingham, Yardley) (Lab) † Chalk, Alex (Parliamentary Under-Secretary of State † Saville Roberts, Liz (Dwyfor Meirionnydd) (PC) for Justice) † Twist, Liz (Blaydon) (Lab) Coyle, Neil (Bermondsey and Old Southwark) (Lab) † Wood, Mike (Dudley South) (Con) † Crosbie, Virginia (Ynys Môn) (Con) Jo Dodd, Kevin Maddison, Committee Clerks † Davies-Jones, Alex (Pontypridd) (Lab) † Gibson, Peter (Darlington) (Con) † attended the Committee 383 Public Bill Committee HOUSE OF COMMONS Domestic Abuse Bill 384 and more violent abuse than disabled men. Disabled Public Bill Committee children, and particularly disabled girl children, are more likely to experience sexual violence and physical abuse than non-disabled children. What is more, disabled Wednesday 17 June 2020 people may have other people in their lives who have a level of control, whether that is unpaid carers or paid (Morning) carers from an agency, or a personal assistant. This is the case for disabled women across all [MR PETER BONE in the Chair] communities, of all ages and all backgrounds. Disabled Domestic Abuse Bill women face specific forms of abuse at the hands of partners, family members and paid or unpaid carers: 9.25 am controlof communication;controlof medication;restricting The Chair: I remind everyone about social distancing, access to disability support; using a person’s impairment which is very important. If anyone is unhappy with the to control them—for example, playing on their mental social distancing in the room, please let me know and health or taking advantage of the fact that they have we will try to do something about it. It would help learning disabilities—forced marriage on the grounds Hansard enormously if we could email copies of notes that the partner “will look after you when I am gone”; or speeches to [email protected]. and constantly abusing women because of their impairment. That, in itself, is a form of hate crime. New Clause 25 Abusers hold the very real threat that, “They will take your kids away from you” over a disabled woman. REPEAL OF PROVISIONS ABOUT DEFENCE FOR In the experience of both Stay Safe East and SignHealth, CONTROLLING OR COERCIVE BEHAVIOUR OFFENCE a deaf-led service for deaf survivors of domestic abuse, “In section 76 of the Serious Crime Act 2015 (controlling or deaf or disabled mothers are at much higher risk of coercive behaviour in an intimate or family relationship), omit losing their children through the courts or other domestic subsections (8) to (10) (which make provision for a defence in abuse. In some cases, the courts opt to place children in proceedings for an offence under that section).”.—(Peter Kyle.) the care of an abusive father rather than letting them This new clause seeks to repeal the ‘carers’ defence’ for the offence of controlling or coercive behaviour in intimate or family relationships. live with a disabled mother, who is considered a poor parent for reasons simply of her disability, and providing Brought up, and read the First time. support to keep the children with her. Peter Kyle (Hove) (Lab): I beg to move, That the Unfortunately, disabled victims who are able to speak clause be read a Second time. out against this face multiple barriers to gaining safety It is great to serve under your chairmanship again, and justice. Poor access to refuges or emergency Mr Bone—welcome back to the Committee. I rise to accommodation; voice phone-only contact with many speak to new clause 25, on the repeal of provisions services, which excludes deaf women and those without about defence for controlling or coercive behaviour speech; services not set up to deal with victims who offence. need long-term support; a lack of quality, accessible Domestic abuse against disabled people is simply not information or British Sign Language interpreters; no discussed enough. They are hidden victims. When abuse access to counselling—the list is very, very long. against disabled people is raised, it is usually in the Worst of all is not being believed by police, social context of adult safeguarding processes, which labels workers or health workers because they are disabled disabled people as vulnerable adults and which disabled women, which is something that is frequently reported survivors and specialists in the field tell us is failing by deaf and disabled women who approach the two them. specialist organisations. A little-known clause, now The new clause reflects 10 years’ worth of casework subsections 76(8) and (9) of the Serious Crime Act by Stay Safe East, one of only two organisations in 2015, introduced what has been dubbed “the carers’ England and Wales led by disabled women supporting defence” by disabled survivor groups. It introduced a disabled survivors, and its partner organisations, in an worrying caveat into what was a piece of legislation to advisory group on domestic abuse and disability. That is protect victims of abuse, by allowing an abuser who is two specialist disability and deaf services for a disabled facing charges of coercive control to claim that they population of 10 million people. were acting in the best interests of the victim. The data on abuse against disabled people is grim. That provision was originally brought to the attention Disabled adults are at least 1.5 times more likely to be a of legislators through the efforts of Sisters of Frida, a victim or survivor of violence than non-disabled adults. disabled women’s collective, and Stay Safe East, but it Disabled women are at least three times more likely to became part of the 2015 Act. Although the clause may experience domestic abuse from family members, be have been introduced with the best of intentions, to that their partner, parents, siblings, adult children or avoid unnecessary prosecution of carers who were, for other family members. Some of the abusers will also be example, preventing somebody with dementia from going the person’s carer. It is highly likely that those figures out alone because they were at risk, there is a real risk are an underestimate, as the only example—the crime that it could be used by abusers to claim that they are survey—is not in an accessible format for deaf and acting in the best interests of somebody they are controlling disabled people to participate in, and many survivors with malicious intent. cannot access external help. That is especially true of people who might be seen to The rate of domestic abuse against disabled men is have capacity issues, such as deaf people, people without also higher than against non-disabled men, but disabled speech, people with cognitive issues as a result of a women are more likely to experience repeated, sustained stroke, people with learning difficulties and people with 385 Public Bill Committee 17 JUNE 2020 Domestic Abuse Bill 386 mental health challenges. That, of course, is a substantial see someone who wants to get out of the front garden number of potential victims among those who face the and on to the road, and is in some distress at not being greatest barriers to safety and getting justice. able to do so. That neighbour calls the police, and the For example, the parents of a young woman with police then investigate. It emerges that the person trying mild learning disabilities stopped her going out alone, to get on to the road is, very sadly, suffering from only letting her go to college with a chaperone, on the dementia, and their partner is a person of unimpeachable grounds that she was at risk from strange men. The integrity and good character—a decent, loving partner parents had failed to teach their daughter about safe of many years’ standing who has shown nothing but relationships, had removed her from personal, social, care and compassion for that individual, but who is health and economic education lessons in school, and concerned that if they get out on to the road, they will had controlled her friendships with her peer group. The be a danger to themselves and others. Is it seriously to family claimed that they were protecting her. The young be suggested that that person should be at risk of woman initially believed that her parents were doing conviction, punishment and disgrace? their best for her, but as she grew up she came to realise that she could make her own decisions. It subsequently Jess Phillips (Birmingham, Yardley) (Lab): That is emerged that, on top of all the coercive control, the not what has been outlined.

Load more