| Previous Section | Index | Home Page |
The Prime Minister: To be fair to my right hon. Friend the former Lord Chancellor, he made many changes in this area, but the point that my hon. and learned Friend makes is right, and it is one of the reasons why things should be transparent and open. Frankly, I believe that that is the way that virtually every other western democracy makes its judicial appointments, so that it is done in an open way. I commend to the Opposition the speech recently made by Chris Patten. [Interruption.] He is a bit of a no-no for them now. He used to be chairman of the Conservative party in the days when it was roughly sane. He said that it is very important to realise that, in this day and age, it is not acceptable for judges to be appointed by a process that, as he put it, was a bit akin to the old magic circle that used to appoint leaders of the Conservative party. It is worth reflecting on that. Surely, in this day and age, it is better to appoint judges by an open and transparent process. How that is dictatorial, I do not know.
Mr. Peter Ainsworth (East Surrey): Was it Lord Falconer's performance as a flatmate or as Minister in charge of the dome that particularly recommended him for promotion?
The Prime Minister: If the hon. Gentleman reflects on the job that my right hon. Friend did, not merely in respect of housing and planning, but on criminal justice and the police, he will see that he did an absolutely superb job.
Mr. Deputy Speaker: Order. We must now move on.
Domestic Violence
1.23 pm
The Secretary of State for the Home Department (Mr. David Blunkett): With permission, Mr Speaker, I wish to make a statement on domestic violence.
Today, I am publishing a consultation paper outlining proposals to help to prevent and tackle the consequences of domestic violence. I pay tribute to many right hon. and hon. Members, including the Attorney-General; the Solicitor-General, who is here this afternoon; my right hon. Friend the Member for Southampton, Itchen (Mr. Denham); my hon. Friend the Member for Hornsey and Wood Green (Mrs. Roche); the Minister of State, Department of Health, my hon. Friend the Member for Doncaster, Central (Ms Winterton); my hon. Friend the Member for Luton, South (Margaret Moran), and other members of the interministerial and all-party groups. I do so because I do not believe that there is any difference between political parties on this issue.
Domestic violence accounts for a quarter of all recorded violent crime. One in four women experience some form of violence from their husband or partner during their lifetime. Every week, two women die as a result of such violence. All violent crime can destroy lives, but domestic violence is usually a hidden crime. All too often victims suffer silently, afraid for themselves and for their children. The trauma and long-term effects suffered by children is incalculable. Domestic violence can occur irrespective of background or circumstance, but it is predominantly women who suffer.
Our consultation paper builds on the proposals that we made in last year's White Paper on criminal justice. Preventing domestic violence in the first place is at the heart of our proposals. Research shows that one in five young men and one in 10 young women believe that violence towards a partner is sometimes acceptable. I am sure that all hon. Members will agree that that is never the case. If we are to prevent such violence, we must ensure that all young people understand that basic truth. It is necessary to increase understanding of the nature of domestic violence to ensure the correct response from professionals, including teachers, doctors and those in the social services, the courts and the police service.
Alcohol and drug misuse are major factors in domestic violence. We already have in place a strategy to tackle drug misuse. Later this year, the Government will publish a national harm reduction strategy, focusing on alcohol. I believe that all hon. Members agree that the home should be a place of safety. Sadly, for those affected it is a place of fear. Therefore, the second strand of our strategy is about protection for victims. The response of the police to domestic violence is crucial. Victims need reassurance that early intervention will be forthcoming. That is why we propose to make common law assault an arrestable offence, so that, at the time of the attack, suspected perpetrators can be instantly removed from the scene.
I also welcome the work being undertaken by the inspectorates that are carrying out a major review into how the Crown Prosecution Service and the police
handle domestic violence cases. Victims are often deterred from reporting violence and appearing as witnesses because of the handling of domestic violence cases. They are afraid of reprisals and what many see as the shame that such violence brings. That is why we are proposing to allow victims and witnesses to apply for anonymity. We would welcome views on that issue.A number of specialist courts have been developed, demonstrating greater expertise and support for victims. In Leeds and Cardiff, domestic violence courts have increased co-ordination between agencies and the civil and criminal jurisdictions. We would welcome views on how further to develop such specialist facilities.
I think that we all agree that the civil and criminal law must be improved better to protect victims. We are therefore proposing some important changes. We wish breaching non-molestation orders and occupation orders to become a criminal offence, giving the police new powers to arrest in all cases where they believe that that is warranted. We intend to widen the availability of restraining orders under the Protection from Harassment Act 1997. They should be available when there is insufficient evidence for a criminal conviction but sufficient justification for safeguards to be put in place. When appropriate, we will allow orders to be imposed at the time of charge, pending trial. The courts should have powers to impose restraining orders for any violent offence, not just the limited range under current law.
At present, the police have no way of telling whether a person has a civil order against them. That is why I am seeking views on whether to create a register of civil orders. Such a register would mean that the police would know at the time of being called to a domestic violence incident whether the suspect had breached an order and could thus be automatically arrested. In addition, I am reflecting on the suggestion of creating a broader register of domestic violence offenders. However, there are complicated issues that we need to think about and our minds are not closed on the issue. I should make it clear that access to any such register would be strictly limited. There would be a danger that wider access could deter victims or their families from coming forward.
We must ensure that sentences reflect the crimes committed. The sentencing advisory panel will consider domestic violence homicides and, additionally, the Attorney-General will issue new guidance to the Crown Prosecution Service on domestic murders. I am also referring to the Law Commission the defences offered in homicide cases. I shall ask it to focus particularly on how provocation, self-defence and diminished responsibility operate in domestic violence cases. The defence of provocation, for example, often relies on sexual jealousy as justification for murder. That is not acceptable.
Contact between children and their parents should be encouraged, but the welfare of the child must be paramount. We will amend contact and residence application forms so that judges are aware of allegations of domestic violence at the beginning of proceedings.
The third strand of our strategy is to provide practical support to victims. A total of more than £61 million is being spent on domestic violence this year, with
£33 million being invested in new refuge accommodation over the next three years. The first 24-hour national helpline for victims of domestic violence will be established and it will be supported by a database of safe accommodation and local services.It is vital that we also find ways of helping victims of domestic violence to stay in their own homes. We would welcome views on how best to achieve that, including views on re-accommodating the alleged perpetrator. Victims of domestic violence whose immigration status is being decided currently have no access to public support. It is our belief that all victims, whatever their circumstances, deserve our help. We shall enable places of safety to be offered, and help to support victims of violence in such circumstances.
The consultation paper is about improving prevention and providing support for victims. We must ensure that perpetrators understand that domestic violence will not be tolerated. The proposals that we are setting out today will be a further step toward that goal. We will seek to change attitudes and help victims to break free from the cycle of violence and abuse. No woman, man or child brings domestic violence on themselves. No one should have to put up with it; the abuse is unacceptable. I am therefore asking all sides of the House to support taking the measures forward, and I commend the measures to the House.
Mrs. Caroline Spelman (Meriden): First, I thank the Home Secretary for giving me prior notice of the statement.
We welcome the Government's announcement on domestic violence. It brings a subject that has been taboo out into the open where it can be debated and better dealt with. The reason I am responding as shadow Minister for Women is not because we see this as exclusively a women's issue, for there are male victims and their plight is seriously underreported, but because we accord the highest importance to the fact that two women a week die as a result of domestic violence. I have a personal interest in the issue, having launched a poster campaign last Christmas to publicise where victims can get help.
There is no question but that the criminal justice system fails victims of domestic violence, but the Government need to be careful not to introduce unenforceable legislation in an area in which lives need to be saved. Legislating for unrestrained human emotions is not easy. Will the Home Secretary reassure the House that consultation will be as wide as possible and that it will involve not only main agencies, survivors and their families, but ethnic minorities and men's and grandparents' groups, because domestic violence casts a long shadow over the extended family?
At present, the courts feel like a hostile place to victims. Specialist courts represent progress toward improving the judicial response to domestic violence. Do the Government have any plans to extend these beyond the three to which the Home Secretary referred? Does he agree that the fact that over 50 per cent. of domestic violence cases receive a harsher sentence on appeal indicates that the judiciary requires more specialist training?
Research that shows how many young people think that violence is a normal part of their relationships highlights why prevention is a key issue. Do the Government intend to incorporate teaching on anger management and non-violent communication in the school curriculum? Perpetrator programmes are notoriously unsuccessful. Does the Home Secretary accept that changing a person's behaviour needs to start much earlier in life and to be reinforced by society's view that domestic violence is not okay?
I welcome the Government's announcement of new funds for refuges. Will the Home Secretary join me in applauding volunteers who have campaigned tirelessly to secure even the present level of one refuge per 200,000 of population? I know that figure to my cost because I have been trying for years to get a refuge in my constituency. I am appalled that there are more animal sanctuaries than refuges in this country. It is estimated that about 40,000 women are on the move in refuges every week. Such caravanning around the countryside of vulnerable women and children who are looking for somewhere to hide and sleep is barely credible in the 21st century. Does he accept that it is a fundamental injustice that the victim moves out of the family home and loses assets, status and security while the perpetrator tends to remain?
The Government must be careful not to overlook the needs of the child when reforming legislation on domestic violence. Four out of five children who run away from home say that they do so to escape family conflict, violence or abuse. What is being done to safeguard the wishes of children who may not want contact with a violent parent or who suffer mental anguish due to the guilt of not having protected their abused parent?
It is not only improving legislation that will make a difference; practical help is at least as important, if not more important. It is quite extraordinary that there is a view that if victims are housed in a safe place, they will get on with their lives as if nothing had happened. Does the Home Secretary agree that there needs to be much more assistance in the aftermath of such a traumatic experience?
The subject of domestic violence is so serious that there can be no question of gesture politics. The Home Secretary refers to the first 24-hour national helpline, but the charities Women's Aid and Refuge already run a 24-hour national helpline. The Government's initiative was announced for the first time on 11 December last year, but it is still not up and running. Does the Home Secretary accept that failing to meet the raised expectations of such a vulnerable group exposes him to the serious allegation of playing politics? When does he expect the helpline to be fully operational?
Homicide reviews are all very well, but how many will it take before we finally learn the lessons? The experience of the Victoria Climbié case shows that crimes committed behind closed doors are the most difficult to prevent and are in most need of prompt and effective intervention by agencies, which all too often allow a case to slip through the net.
We kid ourselves that we live in a civilised society. That cannot be true when such a high number of fatalities are too often dismissed with the phrase, "It's only a domestic."
| Next Section
| Index | Home Page |