Domestic Abuse Bill — House of Commons, 2021-04-15
Topic: Immigration
Stuart Campbell McDonald (Scottish National Party, Centre-left): It is a pleasure to follow the right hon. Member for Maidenhead (Mrs May), and I am grateful to have the opportunity to speak in this hugely important debate. First, let me echo what both the Minister and the shadow Minister said about His Royal Highness Prince Philip and about Dame Cheryl Gillan. We will very much miss what would typically have been a knowledgeable and passionate contribution from Dame Cheryl in this debate and in so many debates to come Although these Lords amendments cover many significant issues, I shall take only a short time to cover two, as the Bill almost exclusively extends to England and Wales and relates largely to devolved matters. The two excellent Lords amendments I wish to express Scottish National party support for are Lords amendments 40 and 41, which were drafted expressly with a broader scope, touch on a reserved matter—immigration—and have the potential to bring significant benefits to victims from across the UK if we support them today Lords amendment 40 would start to roll back the Home Office’s ever-extending network of data sharing agreements and its grab of sweeping exemptions to data protection laws—my party has repeatedly proposed this. These exemptions have contributed to a dangerous situation in which migrants feel unable or reluctant to access potentially vital public services for fear that any information they share will end up being used by the Home Office in a bid to remove them. Domestic abuse is one severe but perfect illustration of that point. Fleeing an abusive partner can of course put women at risk, and none of us would want them to fear seeking the protection and support that they need. The reality, however, is that too often they do, and one reason for that fear is precisely because they do not have faith that the information they are required to share will not result in an attempt to remove them or have other implications for their current and future status here That is what Lords amendment 40 effects, by requiring the Home Secretary to put in place "arrangements to ensure that the personal data…processed for the purpose of" securing that help and support "is not used" against victims for immigration purposes. We therefore give it our support. I listened to what the Minister said in response, but I do not understand how police guidance can provide any sort of comprehensive answer and I fear that the evidence shows that it will not. It does not provide the necessary or sufficient reassurance that a statutory provision can provide. It is that simple Lords amendment 41 is, as we heard, the new clause that would broaden the scope of the domestic violence rule and the concessions so that more victims of domestic abuse here can find safety, knowing that they also have a pathway to leave to remain and do not need endure destitution and homelessness while they pursue it. Now, those possibilities are limited largely to those who are here on spouse visas The domestic violence rule and the concessions have been transformative for many victims of domestic abuse who are able to access them. The very same reasons for putting them in place for those on spouse visas clearly also apply to other victims of domestic abuse. If we do not completely break the link between a woman’s lawful residence here and her relationship with an abusive partner, far from helping her, we are hindering her ability to find help and support—we hand power to the abuser. No one wants that but, unless we support the new clause, I fear that is the position that we will risk remaining in Again, I do not understand the Government’s answers in response, in particular what was said about the Lords amendment not being true to the original purpose of the rule and the concessions. On the contrary, it is about applying the same purpose, intention and reasoning to a broader group of victims who equally require support and protection, ensuring that they may access them In relation to another Government response, the Lord Bishop of Gloucester explained in the other place why the Government’s support for migrant victims, while welcome, is not a comprehensive answer, as the shadow Minister said today. We need bolder action as a matter of urgency. There is already an abundance of evidence that the changes proposed by way of Lords amendment 41 are utterly necessary and could transform lives The Government also seem to object that the leave proposed might ultimately be indefinite leave. If they find that objectionable—I do not understand the reasons why they might—rather than reject the amendment outright, they should at least provide for a decent period of time unencumbered by restrictions, including on public funds, to allow victims to get the support that they need and to get their lives back on track In a letter to MPs this morning, Ministers argued that migrant victims are not a homogeneous group, and that argument has been repeated this afternoon, but we know that—those advocating Lords amendment 41 know it better than anyone—and supporters of the amendment are not treating them as such. Rather, we would create a space in which complex and diverse needs can be better understood and addressed and where victims are free of the incredibly intimidating coercion and control that precarious immigration status can cause a victim. The Government risk denying victims that space and the possibility of addressing their diverse needs. In conclusion, the focus should not be on the nature of victims’ immigration status or the type of visa that they hold; it should be on their needs as victims. Despite the Government’s protestations to the contrary, Lords amendment 41 would be another step towards ensuring that that happens. The question for this House is: what is more important, protecting and supporting victims, or protecting Home Office powers over migration? We say, support the victims, and we therefore give our full support to the Lords amendments.