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The Parliamentary Under-Secretary of State for the Home Department (Paul Goggins): I am grateful to all hon. Members who have participated in this impressive debate. The contributions on both sides have been well informed and reflected a deep level of concern as well as consensus on the main issues. Tackling domestic violence and providing better support for the victims of crime should be a priority for us all. I certainly welcome the tone and the terms in which this debate has been conducted, as initiated by my right hon. Friend the Home Secretary and reflected in equal measure by the hon. Member for Chesham and Amersham (Mrs. Gillan). As is customary, in his concluding remarks, the hon. Member for Beaconsfield (Mr. Grieve) raised a number of issues which, I am sure, we will return to with great interest in Committee.

We have consulted extensively on the measures in the Bill, in the documents "Safety and Justice" and "Justice for All", and a number of earlier consultations with victims. The measures to tackle familial homicide build on the extensive work of the National Society for the Prevention of Cruelty to Children and the Law Commission. The measures to tackle multiple offending follow directly the commission's recommendations.

This is the biggest overhaul of domestic violence legislation for 30 years, although, as many hon. Members have made clear in the debate, tackling domestic violence is not solely about legislation. As well as bringing in tough new laws to protect victims and prosecute abusers, we need to change attitudes and practices as well as provide emotional and other forms of support.

My hon. Friend the Member for Brentford and Isleworth (Ann Keen) told the House that the first refuge in the world was based in her constituency. She rightfully paid tribute to the pioneers of that work. My hon. Friend the Member for Hornsey and Wood Green (Mrs. Roche) told us about the first case of domestic violence in which she had provided legal representation. She spoke eloquently about how attitudes have changed since then and how the Bill can take us further forward.

My hon. Friend the Member for Sheffield, Heeley (Ms Munn) spoke about the definition of vulnerable adults. She asked whether 16 was the right age to classify someone as an adult in such cases. I have to tell her that the NSPCC and the Law Commission agree that it is the right age, but I have been in correspondence with her and I look forward to further discussions with her on this issue.

My hon. Friend the Member for Cardiff, North (Julie Morgan) talked about the importance of inter-agency working and she told the House about the domestic homicide reviews that have been carried out in Cardiff. We all pay tribute to her work as the chair of the domestic violence forum in Cardiff. My hon. Friend the Member for Amber Valley (Judy Mallaber) spoke eloquently about her local constituency experience. She called for professional training and properly funded support services. The hon. Member for South-West
 
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Bedfordshire (Andrew Selous) reminded us that domestic violence affects men as well as women, and he rightly emphasised the need for prevention.

My hon. Friend the Member for Aberdeen, South (Miss Begg) reminded us all of the additional problems that may face disabled people who are subject to domestic violence. I assure her that we are seeking to fill gaps in provision for supporting disabled people.

A number of speakers raised the problems faced by the victims of domestic violence who are still subject to immigration control. The Government recognise that, although the numbers involved are relatively small, these women are in extremely difficult circumstances. We will continue to work across government and with outside organisations to find a long-term solution. Although we want to help the individual women, it is also important that we protect the integrity of the immigration and benefits system.

The Home Office has agreed a one-off grant of £40,000 to Women's Aid to bolster its last-resort fund. These funds are intended to cover the living expenses of women who are making an application for indefinite leave to remain because of domestic violence, and they will help to meet the living costs of those placed in refuges and who cannot be covered by the supporting people arrangements. I am certainly very happy to listen to other practical proposals that may be made in our debates and by the groups that are most closely involved.

Several hon. Members, including the hon. Member for Romsey (Sandra Gidley) and my hon. Friend the Member for Ogmore (Huw Irranca-Davies), raised concerns about child contact. Rather than legislating in favour of mothers or fathers, the Government believe that the current system in which the welfare of the child is the court's paramount concern is right. I look forward to meeting my hon. Friend the Member for Lancaster and Wyre (Mr. Dawson) on Wednesday and, especially, to meeting Chloe, about whom he told us. I hope that I will have a convincing answer for Chloe. However, I must tell my hon. Friend that any presumption in favour of either parent would mean that a child's welfare was no longer the decisive factor, which would fetter a court's discretion to decide each case on its merits.

The Government recognise that domestic violence is a key issue, which is why we are introducing new forms for section 8 applications, which relate to contact and residence. The forms will allow domestic violence to be cited at the start of proceedings so that judges are aware of that throughout. We believe that those measures and our ongoing investment in additional supervised contact centres are the best way to ensure that child contact arrangements are safe for everyone.

Several hon. Members talked about advocacy—indeed my hon. and learned Friend the Member for Redcar (Vera Baird) talked eloquently about the matter. The crime reduction programme has already funded several projects to assess the effectiveness of different kinds of advocacy, outreach and support measures. The results of the pilot schemes are due in the summer. I tell my hon. Friend the Member for Ogmore that the crime reduction programme does indeed cover Wales.

In the meantime, the police and the Crown Prosecution Service are working to provide victims with the support that they need so that they feel able to
 
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support prosecutions. It was gratifying to hear support from hon. Members on both sides of the House for the way in which the modern police service is addressing the matter more constructively than it did in the past.

Several hon. Members, including my hon. Friend the Member for Lancaster and Wyre, argued for a statutory definition of domestic violence. Although that might seem like a good idea at first sight, we take the view that it would be difficult to create a statutory definition that would reflect the full breadth of domestic violence while being easy to keep up to date. However, the Government acknowledge that there are worries about the different non-statutory definitions of domestic violence that are used by different agencies, so we are working with partners towards a single working definition.

Several hon. Members mentioned provocation, including the hon. Member for Somerton and Frome (Mr. Heath) and my hon. and learned Friend the Member for Redcar. It is an important and far-reaching issue. We need to be confident that provocation will be dealt with fairly and consistently when it is either a partial defence to murder or a mitigating factor during sentencing. That is why we asked the Sentencing Advisory Panel to examine sentences for manslaughter in cases of provocation and the Law Commission to examine the partial defence. The panel has issued a helpful consultation document, as has the Law Commission. The commission's work has, in particular, confirmed how complex this area of law is. We will need to consider the final recommendations carefully, so it would be premature to try to legislate before the work is completed. I welcome the fact that the hon. Member for Beaconsfield indicated that, when we are ready to tackle the issue, he will be more than happy to co-operate with us.

My hon. Friend the Member for Keighley (Mrs. Cryer) raised the important issue of forced marriage. She is never afraid to speak out, and always does so with great knowledge and a deep concern for her constituents' welfare. She suggested a possible amendment to the Bill that would create a new criminal offence of coercing, aiding or abetting someone into a forced marriage. We are sympathetic to that view and are examining closely how to find a practical way forward. I look forward to discussing the matter further in Committee.

Many hon. Members welcomed our proposals to close the loophole on familial homicide. The hon. Member for East Worthing and Shoreham (Tim Loughton) cited a specific case from his constituency. As he said, too often in the past people have literally got away with murder in such cases. As my right hon. Friend the Home Secretary made clear, we intend to reinstate the procedural measures that we believe will help to identify the individual who actually committed the crime. It would not be a just outcome if a conviction for the new offence is achieved when it could have been shown that one of the defendants is in fact guilty of murder or manslaughter.

We will also seek to remove the explicit reference to domestic violence which was added to the new offence in the other place. I hope that I can reassure those who
 
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have raised concerns about the issue that the requirement for an individual to take reasonable steps to protect the victim would, in any event, take into account the terrible circumstances that a domestic violence victim may be in and the pressure that they may be under. However, singling out domestic violence could distort the offence and undermine the responsibility that it rightly places, even on those who are themselves victims, to take action if the life of a child or a vulnerable adult is at stake.

The Bill introduces new measures to ensure that those committing multiple offences will be punished for the full extent of their criminality. That follows extensive consultation and consideration by the Law Commission. Clauses 12 to 16 provide for a two-stage trial—the first by jury to try a sample count, the remainder to be tried by judge alone. The hon. Member for Beaconsfield indicated that we would be in for further discussion on that in Committee, which I look forward to.

The measures on fitness to plead, which, again, we will reinstate, aroused concerns in another place. The change was originally proposed by Lord Justice Auld in response to the concerns of judges that the current system of appointing two juries is both wasteful of court resources and unhelpful to vulnerable witnesses. There is no question of weakening the right to trial by jury. A jury will still have to consider whether the defendant committed the act with which he is charged. No one will be detained in hospital unless a jury has found that he has committed the offence. However, the change will improve the process for the defendant in a number of ways, not least because a jury does not have to give reasons for its decision, so there is no basis for a challenge should the defendant wish to appeal the decision.

Throughout the debate, there has been strong support for an independent victims commissioner and a statutory victims advisory panel. My hon. Friend the Member for North-East Derbyshire (Mr. Barnes) referred to that. I will take him up on his offer of sending him a letter rather than giving him a detailed response now.

We will amend the Bill in Committee to ensure that the victims of mentally disordered offenders have the same right to information as victims of other serious sexual and violent offenders. They will have the right to make representations and to be informed about the conditions imposed on the offender for the protection of the victim. They will be told when the offender has been discharged. That measure will be extended to Northern Ireland.

I listened carefully to the speech by the hon. Member for North Down (Lady Hermon) and heard her argue powerfully her view that part 3 should apply to Northern Ireland. Of course, it does not apply because Northern Ireland has its own system. I am sure, however, that there is room for further discussion. She suggested that I might meet the Victim's Commissioner in Northern Ireland. I intend to try to do that, and look forward to her contributions if she serves on the Committee.

A number of hon. Members expressed their views about the victims' funding measures. The Government have, of course, massively increased the amount of
 
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financial support we provide to Victim Support. We want to go further, however, which is why we consulted on a package of new measures in "Compensation and Support for Victims of Crime", published in January. We have said that a victims' fund will provide £4 million from the proceeds of crime to improve support to victims of sex offenders.

My right hon. Friend the Home Secretary made it clear that we will table amendments. I can tell the hon. Members for Chesham and Amersham and for Beaconsfield that the amendments on the victims' fund will be tabled next week and debated towards the end of the Bill. The other amendments on measures related to victims of mentally disordered offenders will be tabled this week. I conclude by commending the Bill to the House.

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