Consideration of Bill, not amended in the Public Bill Committee.
New Clause 1 Duty to review cooperation between England, Wales,
Scotland and Northern Ireland ‘(1) By the end of the period of six
months, beginning with the day on which this Act is passed, the
Secretary of State must publish a review into the potential for
future cooperation between local authorities in England, Wales,
Scotland and Northern Ireland in relation to the provisions of this
Act. (2) The...Request free trial
Consideration of Bill, not amended in the Public Bill Committee.
New Clause 1
Duty to review cooperation between England, Wales, Scotland and
Northern Ireland
‘(1) By the end of the period of six months, beginning with the
day on which this Act is passed, the Secretary of State must
publish a review into the potential for future cooperation
between local authorities in England, Wales, Scotland and
Northern Ireland in relation to the provisions of this Act.
(2) The review under subsection (1) must consider how it may be
possible to extend the provisions of the Act to ensure that
applications for secure tenancies in cases of domestic abuse—
(a) from Wales, Scotland or Northern Ireland may be considered by
local authorities in England;
(b) from England, Scotland or Northern Ireland may be considered
by local authorities in Wales;
(c) from England, Wales or Northern Ireland may be considered by
local authorities in Scotland; and
(d) from England, Wales or Scotland may be considered by local
authorities in Northern Ireland.
(3) The review must be laid before both Houses of Parliament.
(4) In this section, “local authority” means—
(a) in relation to England, the council of a district, county or
London borough, the Common Council of the City of London and the
Council of the Isles of Scilly;
(b) in relation to Wales, the council of a county or county
borough;
(c) in relation to Scotland, the council of a district or city;
(d) in relation to Northern Ireland, the council of a district,
borough or city.”—(Melanie Onn.)
Brought up, and read the First time.
5.00 pm
-
(Great Grimsby)
(Lab)
I beg to move, That the clause be read a Second time.
-
Madam Deputy Speaker (Dame Rosie Winterton)
With this it will be convenient to discuss the following:
Amendment 1, in clause 1, page 1, line 9, after
“tenant)” insert
“and regardless of whether the qualifying tenancy is in the
jurisdiction of another local authority”.
Amendment 2, line 25, at end insert—
“(2BA) A local housing authority which grants an old-style
secure tenancy under subsection (2A) or (2B) has discretion
to decide whether or not the maximum rent for the old-style
secure tenancy should be determined according to regulation
B13 of the Housing Benefit Regulations 2006 (SI 2006/213)
as amended by the Housing Benefit (Amendment) Regulations
2012 (SI 2012/ 3040).”
Amendment 3, page 1, line 25, at end
insert—
“(2BA) A private registered provider of social housing or a
housing trust which is a charity that grants a tenancy of a
dwelling house in England must grant an old-style secure
tenancy if—
(a) the tenancy is offered to a person who is or was a
tenant of some other dwelling-house under a qualifying
tenancy (whether as the sole tenant or as a joint tenant);
and
(b) the provider is satisfied that—
(i) the person or a member of the person’s household is or
has been a victim of the domestic abuse carried out by
another person; and
(ii) the new tenancy is granted for reasons connected with
that abuse and such a private registered provider of social
housing or housing trust which is a charity shall be
considered a person who satisfies the landlord condition
under section 80 for the purpose of granting an old-style
secure tenancy in accordance with this subsection.”
-
We are here to discuss a short but important Bill. It has
been introduced by the Government to plug the gaps left by
ministerial incompetence in the progression of the Housing
and Planning Act 2016. Despite the Opposition’s warnings,
the Government failed to listen, so we are here today to
remedy the situation as fully as possible for victims of
domestic violence.
In Committee, we tabled an amendment to try to secure
additional guidance and training for local authority staff
who are expected to make decisions about domestic violence
cases. In response, the Minister talked about the high
quality of Southwark Council’s homelessness team as an
example of the Government already providing enough support.
I am convinced that Southwark Council is doing an excellent
job, but it has taken part in a number of pilot schemes, so
surely the Minister recognises that it will not be
representative of the whole country, particularly as it has
been allocated well over £1 million to deal with the new
burdens that have been introduced under the Homelessness
Reduction Act 2017. Although there are good reasons for the
extra funding, it allows the council to employ specialised
officers who are responsible for specific areas of
homelessness and to provide an holistic approach to those
presenting as homeless.
However, if we look at another city elsewhere in the
country—York—we find that it has been allocated just over
one twentieth of the resources provided to Southwark and it
does not have enough money even to hire one experienced
housing officer, never mind a specified officer to deal
with domestic abuse cases. The truth is that the quality of
domestic abuse homelessness provision varies massively from
authority to authority, and getting the proper care is far
too much of a postcode lottery.
Although I am not introducing an amendment on this issue
today, I hope that the Government consider the reports from
charities such as Women’s Aid about the difficulty that
some women face when trying to explain their situation to
local councils. There are cases of women being told to go
back to the perpetrator or to come back when the situation
got worse. I think we can all agree that that is completely
unacceptable. The Minister should look into those reports
and take steps to improve the quality of advice in boroughs
and districts where problems have been identified with the
treatment of domestic abuse victims.
-
Mrs (Basingstoke)
(Con)
I understand the point that the hon. Lady is making, but
does she not welcome the fact that the Government are
introducing an extra £17 million to help more than 40 local
authorities to provide better services? The Government
really have made this a priority; does she not welcome
that?
-
As I made clear, we are not tabling an amendment on this,
but I urge the Minister to consider the reports from
Women’s Aid to make sure that across the country there is
parity of service for all victims of domestic violence.
-
(Bath) (LD)
There is obviously consensus that the Bill is a step in the
right direction, and we welcome it, but are there not other
barriers to secure tenancies—for example, if debt was
incurred in the previous tenancy? Will social landlords
have to accept these women? A lot of advice needs to be
given, and that is why it is important that the extra
services and help are provided.
-
I thank the hon. Lady for that intervention, and I agree:
sufficient support should be available across the whole
country. Very often, individuals will present with unique
circumstances, and legislation cannot provide for each and
every eventuality, but making sure that the appropriate
training is in place across the country will go some way
towards assisting those individuals.
-
(Chesterfield)
(Lab)
I agree entirely with what my hon. Friend is saying about
the postcode lottery. When I raised that on Second Reading,
the Minister said that I was complaining about an issue
that did not exist, but it has become clear from subsequent
meetings with Women’s Aid that different local authorities
are applying very different interpretations of the rights
in terms of housing allocations and local connections, so I
support her efforts to ensure more consistency across the
piece.
-
I thank my hon. Friend for his intervention and concur with
his remarks. Other issues raised by hon. Members have
prompted assurances during the Bill’s progress, and I take
the Minister at her word and hope the Government live up to
her words.
New clause 1 would ensure that cross-border travel does not
negatively affect the rights in the Bill. People who flee
domestic abuse end up in all parts of the country, but an
unevenness in legislation means that domestic abuse victims
in the devolved nations are subject to different rights and
protections. The new clause seeks to protect the rights of
domestic abuse victims countrywide and ensure that
travelling from one council area in one country to another
in another country does not impede the rights of a domestic
abuse victim.
Domestic abuse victims often have little time to plan when
fleeing an abusive partner and are unlikely to think that a
move to their nearest large town or city might change their
circumstances as a victim of domestic abuse, yet that is
the reality in places such as Chester and Wrexham. It
should be unequivocal that the rights in the Bill travel
with the victims. In Committee, the Minister informed me
that this matter would be brought up at the devolved
Administration roundtable last month in the hope of
agreeing a memorandum of understanding between the
Administrations.
-
(Wokingham) (Con)
I understand what the hon. Lady is trying to do, but I do
not think her new clause does it, because it says that the
Government should “review” the situation. What powers would
she want the Government to take to override devolved
Governments?
-
The purpose of the new clause is not to override the
devolved Administrations, which is why it calls for a
review. If the right hon. Gentleman listens to the
remainder of my speech, perhaps it will clarify things for
him.
I am pleased to see action to improve cross-border
collaboration, but I have not seen any such memorandum. In
any event, domestic abuse victims need more than a
memorandum of understanding, and we have the opportunity to
give them just that right now. I am aware of the
sensitivities surrounding devolution, so the new clause
does not seek to impose Parliament’s desires on the
devolved Administrations, but would instead commit the
Government to publishing a review of the domestic abuse
policies of each Administration and to working towards
ensuring that victims of domestic abuse are treated equally
when they move from one nation to another.
-
(Poole) (Con)
Has the hon. Lady written to the Scottish Parliament or
Administration, or indeed to the Welsh Government, to ask
whether they approve of her new clause?
-
I have relied on the good offices of the Minister, who is
in government, to undertake the duties of consultation with
the devolved Administrations, which was due to take place,
I believe, on 19 April, and we await the distribution of a
note on the outcome of those meetings, which was requested
but which I have not had sight of as yet.
-
The Parliamentary Under-Secretary of State for Housing,
Communities and Local Government (Mrs Heather
Wheeler)
It was emailed to the hon. Lady and all Committee members
this morning.
-
(Wentworth and Dearne)
(Lab)
Just in time!
-
I thank the Minister.
-
Mrs Wheeler
It is dated 8 May. It was sent over the bank holiday
weekend.
-
That is an opportune time for materials to be sent, as we
found out during the urgent questions this morning. I am
sorry I have not seen the note. I am grateful that the
Minister has provided it, but it is incredibly unfortunate
it was not provided sooner, because the information might
well have informed the debate. [Interruption.] The Minister
may well wish to provide it to me right now, but I am in
the middle of my speech and it would be difficult for me to
speak and read at the same time—as good as I am at
multi-tasking!
Amendment 1 adds a requirement for a secure tenancy to be
offered when domestic abuse victims apply for rehousing in
a local authority area different from the one in which they
previously had their secure tenancy. In Committee, the
Minister said that the amendment was ineffective because
the requirement was already provided for in the Bill, but
there remains some unease about the current wording. The
amendment would provide peace of mind, as prescribed by the
Government back in 2016. We must not forget that the sector
has been waiting for two years, having been assured by the
Government that the requirement would be covered by the
Housing and Planning Act 2016. The purpose of the amendment
is simply to ensure that we do not end up in the same
position again if it turns out that the Bill does not
guarantee domestic abuse victims secure tenancies if they
end up crossing local authority boundaries.
-
(High Peak) (Lab)
I am sure that my hon. Friend, like me, welcomes the fact
that tenants who have suffered domestic abuse will be
offered secure tenancies, but does she share my concern
about evidence given to the Work and Pensions Committee
that when local authorities apply to the Department for
Work and Pensions for benefits to support a victim of
domestic abuse, they are frequently told that it will be
several weeks before a decision can be made, and victims
are returning to perpetrators because they cannot be
guaranteed the funds that would secure their secure
housing?
-
That is an important point, and I hope that the Minister
will take it on board. The issue needs to be dealt with on
a cross-Government basis. The Minister has given repeated
assurances that she is engaged in conversation with
representatives of other Departments, but there certainly
should not be any Government policies that discourage
victims of domestic violence from leaving the perpetrators
of that violence.
Two thirds of all domestic abuse victims who present
themselves at refuges come from outside the local area. We
know that housing insecurity is a major reason for the fact
that too many victims stay with their partners. The
amendment is important, because this issue affects far too
many of the domestic abuse victims whom we are trying to
help today for us to leave things to chance. For the sake
of absolute clarity, I ask the Minister again to accept it.
I assure Conservative Members that this is not a matter of
policy or politics, but a matter of good practice.
Amendment 2 would ensure that victims of domestic abuse do
not have to pay extra charges as a result of the bedroom
tax if they are provided with a secure tenancy that
incorporates a spare room. There are particularly good
reasons why the Government must see sense when considering
whether to apply the tax to victims of domestic violence.
Victims face all sorts of barriers to leaving abusive
partners, and the sad impact is that one in five spends
more than 10 years living with an abusive partner. That
statistic applies only to women who are able to leave: as
we all know, countless women never manage to leave their
abusive partners, and every week two women are killed by a
partner or ex-partner. That is why we need to knock down as
many of the barriers as possible.
The amendment would help to remove some of the financial
pressure on people fleeing domestic violence, and will
ensure that no one who is considering leaving an abusive
relationship has to worry about the extra burden that the
bedroom tax could add to their costs. It is a vital
amendment, because domestic violence victims often have
limited means, and may not be able to take jobs that would
enable them to provide for themselves and their families.
Many domestic violence victims have been subject to
financial abuse, being forced to quit their jobs and give
their money to their abusive partners, and having little
control over their own finances. Domestic abuse victims
need help, not a cruel and unnecessary tax over which they
have no control. I plead with the Government to make an
exception to their bedroom tax, and provide the help and
support that domestic abuse victims desperately need.
Amendment 3 would ensure that those in housing association
properties are given the same rights to secure tenancies as
those in council housing. In Committee, I was concerned
about the Minister’s seeming lack of appreciation of the
variety of council housing available. While I accept that
some housing associations fulfil different functions in
society from councils providing housing, a number of them
represent the sole social housing provision in a local
authority. In Committee, the Minister said that
“local authorities and housing associations are very
different entities, which are subject to different drivers
and challenges.”––[Official Report, Secure Tenancies
(Victims of Domestic Abuse) [Lords] Public Bill Committee,
27 March 2018; c. 30.]
If someone is a resident of Wakefield, their social housing
is managed by the Wakefield and District housing
association, which exists to manage the local authority’s
housing needs and assets, whereas my own local authority
underwent a full stock transfer, with tenancies
transferring as per council tenancies. Many housing
associations in this country have extremely similar drivers
and challenges to council-managed housing, and many people
in areas such as Wakefield still think of their housing
association house as a council house. This amendment seeks
to ensure that such victims of domestic abuse in areas such
as Wakefield and North East Lincolnshire are given the same
rights and protections as those in council housing.
5.15 pm
The Minister has said that the amendment would result in private
sector landlords having to operate two different systems, but the
Bill as it stands could create two different sets of rights for
domestic abuse victims, depending on how their local authority
decided to meet its housing needs. I am sure that everyone will
agree that it cannot be right that a domestic abuse victim who
ends up in Wakefield is afforded fewer rights under this Bill
than one who ends up in Leeds. We must guarantee that the rights
of domestic abuse victims do not vary across the country.
-
Mrs Wheeler
Before responding to the specific amendments, I would like
to say a few words about a number of the issues that arose
in Committee. Also, I am sorry that the hon. Member for
Great Grimsby (Melanie Onn) did not get that original
letter; I will pass it over to her in a second.
The issue of doctors charging fees for letters of evidence
of domestic abuse was first raised in the other place and
was raised again on Second Reading and in Committee in the
House. In my response, I said that my hon. Friend the
Under-Secretary, , had
written to the Department of Health and Social Care to
raise peers’ concerns about this issue, and following our
discussions I can now inform hon. Members that the
Department has agreed to include in the remit for the
negotiation on changes to the GP contract for 2019-20
stopping GPs charging victims of domestic abuse for the
provision of letters or notes of evidence of abuse. This is
a negotiation process, so the Department cannot guarantee
that the General Practitioners Committee will agree to
waive the fee for these services; however, I am sure
Members will agree that this is a positive step forward.
I am also aware that concerns have been raised in this
House and the other place about a lack of consistency in
training for local authority staff to support victims of
domestic abuse. I spoke at length in Committee about the
new homelessness code of guidance and the emphasis it
places on local authorities ensuring that local specialist
training on domestic abuse is made available to frontline
staff and managers. I also spoke about the funding the
Department has provided to the National Homelessness Advice
Service and the National Practitioner Support Service over
recent years to ensure that such training is put in place.
I do not want to repeat myself, but I am very pleased that
I can update hon. Members about a new initiative that the
Department is funding: the London training academy is being
delivered by Southwark Council and will provide training
for frontline housing options staff and apprentices; people
can apply to go there from any council.
As part of the training, Solace Women’s Aid is providing
domestic abuse champions training to 440 housing staff, and
that is the figure across London alone. The focus of the
training will be on ensuring housing teams understand the
impact of domestic abuse, are clear about their roles in
supporting victims and survivors, and are able to refer
them to the specialist support they need. Again, I am sure
hon. Members will agree that this is a very positive
development, and that it demonstrates our commitment to
ensure that local authority staff are properly equipped to
support victims of domestic abuse and to respond
appropriately and sensitively to their needs. I am sure,
too, that hon. Members will agree that this is really good
news and that the London training academy will provide a
model, working with Solace, for frontline staff for how
such difficult and sensitive cases should be handled. We
would like to see that model filter through to all local
authorities.
-
Women’s refuge places across my constituency, and those
other places where women go in the first place, are still
very difficult to find. Does the Minister accept that if
funding is not provided throughout the whole supported
housing sector, the Bill will be doomed to fail?
-
Mrs Wheeler
Sadly, I think the hon. Lady has misunderstood what the
Bill is about. Funding for refuges and other supported
housing will be dealt with by 2020 in a different vehicle.
New clause 1 calls for a review into the potential for
co-operation between local authorities in England and local
authorities in Wales, Scotland and Northern Ireland to
include consideration of the scope to extend the provisions
of the Bill to apply across the UK. I entirely understand
that there will be situations in which someone wishes to
escape from one part of the UK to another to get away from
an abusive relationship, perhaps to put a safe distance
between themselves and their abusive partner, or to move
back to where their family and support networks are. I
sympathise with the broad intention behind this proposal to
increase co-operation between England and the devolved
Administrations, and I appreciate that there will be strong
support for it. This issue was raised in Committee and also
during the passage of the Bill through the Lords. However,
I do not believe that this Bill is the appropriate vehicle
to achieve that co-operation.
Nor would it be appropriate or necessary to seek to examine
the possibility of extending the Bill to make changes to
the legislation covering social tenancies in the devolved
nations. I do not need to remind hon. Members that housing
is a devolved matter. That means that it is for local
authorities—or the Housing Executive in the case of
Northern Ireland—and social landlords in each part of the
UK to decide whether to allow access to social housing and
what type of tenancy to grant, in accordance with the law
that operates in that country.
-
(Rotherham)
(Lab)
It sounds as though the Minister has set her face against
amendment 1. Would she consider issuing guidance to local
authorities on this issue?
-
Mrs Wheeler
That will certainly be part of the package, yes. I will
read out the letter as well, because that is the killer
punch.
It is likely that most victims who flee from one part of
the UK to another to escape domestic abuse and who are in
need of housing would apply to a local authority for
assistance on the basis that they were homeless.
Homelessness legislation will provide a safety net for
victims fleeing domestic abuse, even when they flee across
national borders, but Wales, Scotland and Northern Ireland
have their own homelessness legislation. That means that
there may be differences of approach in accordance with the
requirements of each devolved area. For example, local
authorities in Wales, as in England, may discharge their
duty to rehouse using the private rented sector.
The purpose of the Bill is to remove an impediment that
might prevent someone who suffers domestic abuse from
leaving their abusive situation in England when the
provisions under the Housing and Planning Act 2016 come
into force. The Act applies only to England. A victim of
abuse in another part of the UK will not face the same
impediment to fleeing their situation for fear of losing
their lifetime tenancy. For example, if someone in Scotland
were to flee to another council district within Scotland,
the second local authority would grant them a lifetime
tenancy if and when they were rehoused.
-
When I asked the hon. Member for Great Grimsby (Melanie
Onn) whether there was a way of overriding the devolved
Administrations, she did not seem to understand the
question properly, so I am glad that the Minister is
explaining that that cannot be done. It is interesting that
the Opposition’s amendment 3 expressly states that it
applies only to England; whoever drafted their amendments
probably did understand the point that the Minister is
making.
-
Mrs Wheeler
Parliamentary drafting is not an easy task, which is why
people with greyer hair than mine do the job and I do not.
I thank my right hon. Friend for making the situation quite
clear.
The commencement of the Housing and Planning Act 2016 does
not change the situation. I do not believe that it would be
appropriate to include a duty in the Bill—which applies in
England only—to consider the potential for amending
legislation in other parts of the UK. Parliament has
already decided that this area of law should be devolved,
so it does not seem right to have an amendment that appears
to assume that the Secretary of State has some
responsibility for it in relation to the devolved
Administrations. Clearly, victims of domestic abuse seeking
to move from one part of the UK to another is a common
issue in which all parts of the UK have an interest.
However, owing to the differences in housing legislation
across England and the devolved Administrations, a UK-wide
provision in a Bill that is based on an Act that applies to
England only is not the correct approach—I am getting to
the nub of things now.
During the passage of the Bill in the other place, my hon.
Friend the Minister gave a commitment to raise with
colleagues in the devolved Administrations the concerns
that have been expressed. I can confirm that Lord Bourne
met his counterparts in the devolved Administrations on 19
April, and I am pleased to inform Members that he has since
written to me to let me know that the devolved
Administrations were supportive of the Bill. They have
committed to reviewing the impact of the Bill once it comes
into force and to let us know about any issues or concerns
for victims of domestic abuse should they arise. The letter
states: “I am pleased to be able to inform you that the
devolved administrations were supportive of the Bill and
could find nothing in it to concern them. This is because
they took the view that the Bill had no impact on the
ability of social landlords to continue to grant tenancies
in their own countries, and they will review the impact of
the Bill, together with officials.” I think that that says
it all.
On a more technical note, new clause 1 would not work as
currently drafted, because social housing is provided not
through local authorities in Northern Ireland but through
the Northern Ireland Housing Executive. For that and all
the other reasons I have given, I do not consider the new
clause to be appropriate or necessary, and I ask that it be
withdrawn.
Amendment 1 aims to ensure that the requirement to grant a
lifetime tenancy—should a new tenancy be offered—would
still apply where the victim of domestic abuse applies to
another local authority district to be re-housed. I
sympathise entirely with the motivation behind the
amendment, and I well understand that victims of domestic
abuse may wish or indeed need to put a considerable
distance between themselves and their abuser. The Bill is
intended to protect all lifetime tenants who are victims of
domestic abuse, not only those who need to move from their
current home to escape abuse, but those who have already
fled from their home. I entirely agree that it is vital
that the Bill protects victims who have applied for housing
assistance in another local authority district. That is
partly why we amended the Bill in the other place to extend
it to apply to those who, having fled their homes, may have
lost their tenancy or their security of tenure.
We recognise that that may be particularly problematic for
those who seek assistance in another local authority area,
and I assure the shadow Minister that the Bill has been
drafted with that issue in mind. Where the Bill refers to
“a local housing authority”, it means that it applies to
any and to every local authority in England, just as in the
same way it applies to any tenant who has a lifetime
local-authority or housing-association tenancy of a
dwelling house anywhere in England and who needs to move
from that house to escape domestic abuse. That is standard
in legislative drafting practice, so local authorities
should have no difficulty in understanding what it means.
Any amendment to spell that out in the Bill would therefore
be unnecessary and redundant.
-
I welcome the reassurance that the Minister has just given
us, but the fact is that different local authorities
understand the current legislation and their
responsibilities to people fleeing domestic violence in
different ways, so what possible harm would it do to
include amendment 1 so that there would be no cause for any
misunderstanding in future?
-
Mrs Wheeler
The hon. Gentleman is trying to entice me down a road that
I will not go down. This is parliamentary legislative
drafting, and there should be no reason whatsoever for
local authorities to misunderstand the situation, which
will obviously also be made clear in guidance. However, I
thank him for giving me the opportunity to say it again. We
will be issuing guidance to assist local authorities to
implement the fixed-term tenancy provisions in the Housing
and Planning Act 2016. To manage concerns, we can certainly
look to ensure that it explains the provisions in this Bill
as well, including making it absolutely clear that it
applies where the victim is seeking to be re-housed in a
different local authority district from the one in which
her existing tenancy is situated.
-
The Minister is being generous in giving way. Under the
2016 Act, housing associations can choose whether to offer
a flexible tenancy. What advice will the Government give to
housing associations that will not have the same obligation
to give a lifetime tenancy if a tenancy moves to another
housing association property?
-
Mrs Wheeler
That is a slightly different clause, which I will come to
in a moment. With that in mind, and taking into account the
fact that amendment 1 is unnecessary for the reasons I have
given, I therefore ask for it not to be pressed.
On amendment 2, I appreciate the concern of hon. Members to
prevent further stress and anxiety. Survivors of domestic
abuse have already suffered experiences that most of us
here can only imagine. However, I do not think the
amendment is necessary. The number of households likely to
be granted a tenancy under this Bill that would lead them
to under-occupy a property, and as a result become subject
to removal of the spare room subsidy, is likely to be very
small indeed.
Allocating a property that is too big for a tenant’s needs
would not be in the interests of the tenant or the
landlord. The tenant, if eligible for housing benefit,
would see their eligible rent reduced, which would not be
in the tenant’s or the landlord’s interest. It would also
not be the best use of scarce social housing.
5.30 pm
-
Does the Minister recognise that children who have been
through situations of domestic abuse are often severely
traumatised and need new secure housing to be able to find
their own way again? That might lead them to have problems
sleeping at night, and it may therefore be more helpful for
the family’s recovery if the younger children have separate
bedrooms, not as prescribed in the under-occupancy
legislation.
-
Mrs Wheeler
The hon. Lady brings up an interesting fact that was not
discussed in Committee. I will address the discretionary
powers that local authorities have, which might help her
with an answer.
Allocating a property that is too big is not necessarily in
the tenant’s interest or the landlord’s interest, and it
certainly is not the best use of scarce social housing. Our
2012 allocations guidance clearly recognises that local
authorities, when framing the rules that determine the size
of property to allocate to different households and in
different circumstances, will want to take account of
removal of the spare room subsidy.
Where the victim wishes to remain in her own property after
the perpetrator has left or been removed, we expect that in
most cases it would not result in an under-occupation
charge—domestic abuse normally occurs between partners who
share a bedroom, so removing the perpetrator would not
normally result in under-occupation. Furthermore, if there
is any risk it could lead to a victim becoming subject to
the under-occupation charge, it will be open to the
authority to offer a new tenancy in another, smaller
property, or to offer a similar one and take into account
the next matter.
In the small number of cases in which, for whatever reason,
a local authority grants a tenancy under the Bill in a
property that has more bedrooms than the tenant needs, it
is open to the tenant to apply for a discretionary housing
payment to cover any rental shortfall. Some £900 million of
funding for discretionary housing payments has been
provided to local authorities since 2011 to support
vulnerable claimants, including victims of domestic abuse.
-
Is the Minister aware that many local authorities put a
limit on the amount of time for which discretionary housing
payments can be made? Sometimes it is 18 weeks, and
sometimes it is as low as 12 weeks, depending on the
authority’s budget. Discretionary housing payments would
therefore not help families in this situation.
-
Mrs Wheeler
Indeed. Funding for the years 2018 to 2021 was set out in
the summer Budget 2015. Next year, 2018-19, there will be
£153 million in the discretionary fund for England and
Wales, albeit this is an England- only Bill.
The removal of the spare room subsidy was introduced to
ensure that tenants in the social and private-rented
sectors are treated on the same basis, to encourage
mobility, to strengthen work incentives and to make better
use of available social housing. The Government’s policy is
not to deal with personal circumstances unrelated to the
size of a property by the inclusion of general exemptions
to the rules, but rather to take account of a person’s
individual circumstances separately, through the process of
the discretionary housing payment.
In 2016, the Supreme Court upheld this policy and dismissed
a challenge to the removal of the spare room subsidy
brought by a victim of domestic abuse on the grounds that
it amounted to unlawful sex discrimination. That case
involved a victim who was being provided with protection
under a sanctuary scheme. The rules on the removal of the
spare room subsidy already include an exception for victims
of domestic abuse in refuges. We are not minded to provide
for any further exceptions.
When local authorities grant tenancies to victims of
domestic abuse, they have a choice: they can either ensure
that they offer a property that meets the tenant’s needs or
they can consider providing a discretionary housing
payment. For the reasons I have given, I believe that the
amendment is unnecessary and therefore ask that it is not
pressed to a vote.
-
(Strangford) (DUP)
Can the Minister confirm that in areas where rental
accommodation is extremely expensive, there is help for
those who need discretionary payments in order to make the
weekly rental payments? Is this something she is able to
do?
-
Mrs Wheeler
I do not know whether the hon. Gentleman is specifically
referring to Northern Ireland or anywhere else—
-
In Northern Ireland, we have a discretionary payment that
sometimes enables provision to be made where rents are
higher. Is the system similar on the UK mainland?
-
Mrs Wheeler
Again, I stress that this Bill is England-only, but there
are such opportunities. There is a local housing rate and
then there are discretionary housing payments that can be
made above that.
I come to amendment 3, our final amendment. I fully
understand the motivation behind this amendment, which
would extend the Bill to housing association landlords—this
was the point made by the hon. Member for Bath (Wera
Hobhouse), I believe. However, as I said in Committee, we
have some fundamental concerns about this amendment. First
and foremost, local authorities and housing associations
are very different entities. Housing associations are
private, not-for-profit organisations which make a
significant contribution to affordable housing supply. I am
sure Members will agree that we all want to see more
affordable homes built. It is therefore vital that housing
associations remain in the private sector, so that they can
borrow funding free of public sector spending guidelines,
to build the affordable housing we so greatly need. For
that reason, we must avoid imposing any unnecessary control
that might risk reversing—
-
I am listening carefully to what the Minister is saying. It
very much stands at odds with the Conservative party policy
announced in the run-up to the general election, when it
was going to impose right to buy on housing associations.
How is it that the Conservative party is so happy to remove
thousands of houses from the social rental sector when it
comes to right to buy, but when it comes to legislation to
protect domestic violence victims, suddenly the
Conservatives feel that the private sector should not be
touched?
-
Mrs Wheeler
Clearly, what the hon. Gentleman is discussing is outside
the scope of this Bill, but we are talking about a
voluntary pilot that is starting in the west midlands and
we will see where that takes us.
-
(Hitchin and Harpenden)
(Con)
On election manifestos, does the Minister not agree that
this Bill is fulfilling a Conservative manifesto promise
and that that should be welcomed by Members on both sides
of the House?
-
Mrs Wheeler
I thank my hon. Friend for that very helpful intervention,
with which I can only agree.
As I was saying, for this reason we must avoid imposing any
unnecessary control that might risk reversing the Office
for National Statistics classification of housing
associations as private sector organisations. Housing
associations grant assured tenancies under the Housing Act
1988, including assured lifetime tenancies, and will
continue to have the flexibility to grant lifetime
tenancies as they see fit.
This amendment would bring housing associations back into
the public sector regime, which they have not properly been
part of since 1989, by requiring housing associations to
grant secure tenancies under the Housing Act 1985. That
goes beyond the very limited circumstances in which they
are still obliged to give a secure tenancy—this is limited
to those tenants who already have one predating 1989 and
want to move, so this is known and in the books of the
commercial housing association. Assured and secure
tenancies have different rights. For example, secure
tenants have a statutory right to improve their property,
and be compensated for those improvements, in certain
circumstances. To require housing associations to grant
secure tenancies for this group of tenants would mean
housing association landlords having to operate two
different systems, which would be an unnecessary burden
over and above the very limited circumstances in which they
still manage pre-1989 tenancies, and would introduce
unnecessary additional costs and liabilities. As I have
already said, that could risk the re-classification of
housing associations.
The amendment is also completely unnecessary: housing
associations will continue to have the freedom, which they
have now, to offer lifetime tenancies wherever they
consider it appropriate. When schedule 7 to the Housing and
Planning Act 2016 comes into force, local authorities will
generally be required to offer fixed-term tenancies, and
will be able to grant lifetime tenancies only in the
limited circumstances specified in legislation or
regulations. That is why the Bill is so important. The
purpose of housing associations is to provide and manage
homes for people in housing need. The vast majority are
charities, and their charitable objectives require them to
put tenants at the heart of everything they do. We expect
housing associations to take very seriously their
responsibilities for people fleeing domestic violence and
abuse.
In previous debates on the Bill, I have mentioned the
Domestic Abuse Housing Alliance, which was set up by two
leading housing associations, Peabody and Gentoo, along
with Standing Together Against Domestic Violence, a UK
charity that brings communities together to end domestic
abuse. The alliance’s stated mission is to improve the
housing sector’s response to domestic abuse through the
introduction and adoption of an established set of
standards and an accreditation process.
I understand that the National Housing Federation, the body
that represents housing associations, is actively taking
forward work with its membership to tackle domestic abuse,
and has recently set up a national domestic abuse group for
its membership. The group was set up specifically to raise
awareness among housing associations of the steps that they
can take to minimise the impact of domestic abuse, as well
as of how to spot the signs early and how best to support
victims. My officials have been in touch with the NHF, and
I am really pleased to say that it has expressed an
interest in considering the tenancy issue as part of that
work. That is a really positive development, and it adds to
the information that I was able to give in Committee. With
that in mind, and for the reasons that I have given, I
invite Members to withdraw the new clause and amendments. I
look forward to more debate.
-
(Birmingham, Yardley)
(Lab)
First, I welcome the Minister’s comments and the Bill
itself. It is a good and necessary Bill, and some of the
questions that we asked in Committee have been answered,
for the most part.
Now, I want to let me shed a bit of light on the reality of
what actually happens to a domestic violence victim when
they walk into a housing office, and on the very idea that
we could not be doing as much as we possibly could with
every single fibre of our beings to try to better serve
victims of domestic abuse. Mostly, a woman will get up and
walk into her local neighbourhood office. I say “walk”, but
where I live she has to get four buses because her local
neighbourhood office is now shut, so she has gone into the
centre of town, in the second-biggest city in the country.
Even just five years ago, she would have found something
different. In all the local neighbourhood centres in
Birmingham—there used to be eight, then there were four in
the Quadrants—there would have been a Women’s Aid worker.
This was a specialist adviser in a private room where that
woman could have gone to speak about her issues and would
have been found the most appropriate housing. That scheme
won national awards and reduced homelessness in Birmingham
by 50%. The biggest reason for homelessness in most cities
will be domestic abuse. That scheme massively reduced it,
but it is gone now. There is no local authority funding for
the Women’s Aid workers in those centres, and there is only
one centre where a women can go.
The woman will walk into a busy centre where there will be
absolutely loads going on. There will be people with their
children and people who are homeless— 86 people are
declared homeless every single day in the city where I
live—and she will wait. She will then go to a small
cubicle, with sides at shoulder height. The people next to
her will be able to hear every single word that she says.
When I was a Birmingham City councillor, I requested that
every single person who came through had to be asked
whether they had ever been a victim of domestic abuse or
sexual violence. I regretted it instantly. I went to a
housing office—when they still existed—with one of my
constituents. Next to me, in a tiny unsealed-off cubicle, a
woman was sitting at her computer. “Have you got any
arrears, love?” she asked. “No.” “Have you ever been a
victim of sexual violence?” “Yes, I was raped.” “Have you
ever been a victim of domestic violence?” “Yes, my husband
has assaulted me a number of times. He has been to prison.”
“Okay.” Move on.
5.45 pm
Nothing changed the way that that woman was approached in the
future—nothing at all. I made the person tick a box that they did
not want to tick. Now, we can add in another idea. If a woman has
come from Walsall, or Dudley or Sandwell or Solihull, or any area
that surrounds Birmingham that has nowhere near the level of
local housing that Birmingham has—many women fleeing domestic
abuse come to our area because the lines on a map mean absolutely
nothing to them—we expect those same housing officers, that is,
the ones who asked, “Have you ever been a victim of domestic
violence, love?”, to now say, “Hang on a minute, actually, you
have every right to be in this situation.”
There is a desperate need for training and belief. Part of the
problem with this Bill is the same as that with legal aid, which
is that the burden is on the victim to prove it. If a woman turns
up and says that she is a victim of domestic abuse, that should
be enough. It was enough when Women’s Aid was based in our local
housing associations and in our local housing offices. That is
why we desperately, desperately need a firm hand in this and why
we must say that local authorities must do this. I love my local
authority. I know that Margaret Thatcher’s favourite council was
Wandsworth—I personally think that it is weird that someone has a
favourite local authority, but I have not tried them all.
However, I have tried lots of them, and I have found them
completely wanting when it comes to victims of domestic violence
needing housing.
Let us add into the mix people who have no indefinite leave to
remain. If they go to their local housing office, they will
probably be told—even if they are a victim of domestic abuse—that
they will not be housed and that their children will be removed
from them, because the local authority does not have to house
women who have a poor migration status.
There has been a hideous case in Birmingham recently where the
children were threatened with removal until people like me got
involved. There is a plethora of problems out there, and, with
the greatest respect, the £17 million, which seems like a lot of
money, will not put back what has been lost for victims of
domestic abuse even in Birmingham alone. That is why we would
like to see a bit of mettle in the training of housing officers.
Some housing officers are brilliant—there is no two ways about
it—but they are up against it. Someone could wait nine hours to
see one in Birmingham. We need to ensure that there is a good
system that treats these people appropriately. Unfortunately,
when an authority has limited resources, its target is not
rehouse someone immediately, so there is a definite need for
training.
My hon. Friend the Member for Great Grimsby (Melanie Onn) covered
the cross-border issue well. Unfortunately, I can see that the
Minister does not think it is necessary to include it in the
Bill, but I have handled hundreds of cases of women sent across
the border. In fact, a woman who lived in the refuge where I used
to work took the Government to court on the issue of cross-border
living between Sandwell Council and Birmingham Council. The fact
that a person no longer has to live in an area for whatever
period it was—Birmingham said it was five years—is not thanks to
anyone in this Chamber; it is thanks to charities and activists
outside who bothered to take us—the decision makers—to court.
On the bedroom tax, it may well seem like a small number of women
who will end up in a property that is too big for them. But I
have seen many cases—I am handling one now—where women are
rehoused and their children are removed from them. In cases of
domestic abuse, it is utterly common that children are removed,
for whatever period of time. These women then have to pay the
bedroom tax, lose their property and end up in a one-bedroom
flat. The judge in the family court then says, “You don’t have a
house big enough to have your children back. You’re not good
enough. We can’t give your children back to you.” That happens a
lot. It is not a small number of women who have their children
removed in domestic violence cases. The vast majority of cases
going through the family courts include domestic violence, and
many women end up with their children removed for periods of time
that would definitely result in them being affected by this
bedroom tax loophole. We should definitely consider what we can
do to amend that problem today.
-
The minimisation of the issue around the bedroom tax seems
to be due to the fact that the Bill is predicated on an
example of someone with a stable and consistent life. But
at the point that these people present at a housing office,
their life will not be consistent or stable at all, which
is why we need to amend the Bill.
-
I absolutely agree. If we could get our housing and welfare
systems, which have become fragmented—and were never
perfect, don’t get me wrong —to work better together, at
least people would have a fighting chance of understanding
what the hell they were meant to be doing, because it is a
bit confusing at the moment. My hon. Friend is completely
right that we are talking about people in chaos.
A tiny fraction of victims of domestic violence present as
homeless. The vast majority either stay or end up in
refuge, and they will likely have help in those
circumstances to get them through the process. But we have
to do better for those who turn up the housing office. We
have to ensure that local authority staff have a much
clearer understanding of this cross-border issue, because
the triumph of hope over experience has left many people
unhoused.
-
Mrs Miller
It is a great pleasure to follow the hon. Member for
Birmingham, Yardley (Jess Phillips), my fellow member of
the Women and Equalities Committee. Of course she speaks
with great power on these issues, given her experience. We
also heard a great deal from the Minister to give us
reassurance about how much work the Government have done to
ensure that this Bill is the best that it can be and that
it further supports victims of domestic violence—something
that this Government have made a huge priority. I
congratulate the Minister on all that she is doing to
ensure that the situation improves ever further.
I will make some short comments about the amendments,
because I think that the Bill generally has cross-party
support. A lot of what the hon. Member for Birmingham,
Yardley said was, frankly, about training among local
authority employees, and whether we should be drafting
legislation because of the imperfections in local
authorities. It is always a balancing act, but we need to
ensure that the legislation is as strong as it can be.
I am concerned that new clause 1 could have a clear
unintended consequence of undermining the existing devolved
powers by taking new powers in the way set out in the new
clause. Parliament is clear, as was the Minister in the
other place, that there was not and is not a need for
primary legislation in this area regarding cross-border
movements. In fact, we could unintentionally erode
devolution by acting on new clause 1 in the way in which
the hon. Member for Great Grimsby (Melanie Onn) has
outlined. Ministers clarified that individuals will have
the support that they need and that we do not need to
legislate in this way. It is good to hear that these
devolved matters are being discussed across the nations,
and that there is nothing that concerns the devolved
nations in this respect.
I turn to amendment 1. The Minister set out that there is
already protection in the Bill for all lifetime tenants,
including those who have fled their homes and lost security
of tenure. The Bill is specifically drafted to protect
individuals facing that situation. In my experience as a
Minister, I remember feeling on a number of occasions,
“Perhaps we need a belt-and-braces approach here. We really
need to spell it out in the Bill.” And what always came
through to me in those circumstance was the fact that, in
trying to do the very best we can to be as clear as
possible, we can actually create confusion by not following
the usual protocols. I urge the hon. Member for Great
Grimsby to consider that for a moment. As the Minister
said, local authorities should have no problem
understanding their duties. Indeed, adding to the Bill in
the way that the hon. Member for Great Grimsby is
suggesting could, because of the redundancy of her new
clause, create the opposite of the clarity that she wants.
I have a brief point on amendment 2. As the Minister said,
allocating a house that is too big would not be in the best
interests of the victim, but specific circumstances might
require flexibility. I remember looking particularly at the
role of discretionary housing payments when I was a
Minister. Such cases fall squarely into the list of
examples of why we have these payments. One of the reasons
for having such an immense amount of money in this
fund—£150 million or so a year—is to be able to give local
authorities the flexibility that they need to be able to
deal with local circumstances as they see fit. I think that
it is better to trust local authorities to get that right
than to create specific exceptions that might run the risk
of not being used in the way in which the primary
legislation requires.
I understand the reason behind this set of amendments. I
particularly understand why the hon. Member for Birmingham,
Yardley has spoken with a great deal of passion. One
question that I would really like the Minister to answer
is: how do we work even harder to ensure that local
authorities provide the same support for victims of
domestic violence, whether they are in Basingstoke,
Birmingham, Yardley or anywhere else?
-
Mrs Wheeler
I hope that my right hon. Friend will be pleased to hear
that this summer, for the first time ever, the Government
are undertaking an audit of all domestic abuse support
services right the way across England. We have done a deep
dive in Essex, just as a trial. In the county of Essex
alone there are over 1,000 different ways of finding help
for domestic violence. That is incredible. We need to find
out where the domestic violence support services are across
the whole country. This is the first time that the
Government have ever done this.
-
Mrs Miller
I thank the Minister for those comments. These
interventions are driven by that inconsistency in provision
of services and by Members of Parliament wanting to get the
best for the people they represent. The Minister is
entirely right. By knowing how we can better provide a more
equal service across the country, I hope that we will
provide reassurance to those who support these amendments.
-
Does my right hon. Friend agree that the hon. Members for
Great Grimsby (Melanie Onn) and for Birmingham, Yardley
(Jess Phillips) have made powerful points about family
break-up and the role that the legislation could play in
all that? Is not this a case where discretionary payments
are very important because if the family can be kept
together or brought together again, that would surely be
where we would want discretion exercised?
-
Mrs Miller
My right hon. Friend is absolutely right. That discretion
at local level is so important. I have had one or two cases
where the local authorities have not necessarily been on
the front foot in the use of local discretionary housing
payments. Perhaps the Minister could urge local authorities
to understand their duties, particularly to families that
have broken up and that are at risk of domestic violence,
and to really understand the importance of delivering
services using these payments.
-
Mrs Wheeler
I thank my right hon. Friend for mentioning that, because
it gives me the opportunity to say that there is no limit
to the length of time over which discretionary housing
payment can be made; it could be one-off time-limited or it
could be indefinite.
-
Mrs Miller
Again in her inimitable style, the Minister has answered
another of the points that was raised earlier. I recognise
that there are potentially time limits attached, and she is
right to put on the record that that is entirely outwith
any rules or regulations coming from this place.
This Bill helps to improve the lives of victims of domestic
violence. That is a priority for this Government and a
priority for this Prime Minister. I really applaud the
Government’s work in trying to make the lives of victims of
domestic abuse better. The hon. Member for Birmingham,
Yardley is absolutely right that we should use every sinew
in our body to make their lives better, and the Minister is
doing a good job in that respect.
6.00 pm
-
I would like to start where the right hon. Member for
Basingstoke (Mrs Miller) finished. I agree entirely about
the importance of this Bill, which the Minister herself
described as being so important. It behoves all of us to
consider why somebody who has been through the appalling
domestic violence that many of our constituents have
experienced would then be willing potentially to stay in
that relationship if their security of housing tenure was
in danger of being lost. What does it say to all other
housing tenants that something so crucial should be glibly
given away by Government in their case? The fact that this
Bill is so important makes a really vital point about the
need for secure tenancy much more broadly.
The hon. Member for Hitchin and Harpenden (Bim Afolami)
said that this was a Tory party manifesto commitment. I did
not realise there were any Tory party manifesto commitments
still standing, so if it was indeed that, I welcome it. I
do not remember the part of the general election campaign
where the Tories told us that they were going to take away
secure tenancies for all other council housing tenants, so
I do not entirely understand how they committed to ensure
for domestic violence victims something that they had not
told everyone else they were going to take away from them.
I support the amendments tabled by my hon. Friend the
Member for Great Grimsby (Melanie Onn). On amendment 1,
recognising local connections within the Bill is incredibly
important. There is real inconsistency not just in the way
that different local authorities view their
responsibilities towards domestic violence victims but in
the provision of refuges. I was shocked to hear from
Women’s Aid that Devon County Council not only has no
provision for refuges but gives no money towards refuges
that Women’s Aid provides. In Chesterfield, we are so well
served by the refuges provided by the Elm Foundation that
we often provide for domestic violence victims who are
coming from other areas. Many of the people who are going
to use these services will not be local people. It
therefore behoves all local authorities everywhere to make
provision on behalf of domestic violence victims.
Where there is that inconsistency of provision, the areas
with the greatest provision of refuges end up taking more
people on to their council house waiting list and then
providing that housing, and so those who are best at
providing refuges also see the greatest pressure on their
housing services. That is a real disincentive to local
authorities in making this provision.
-
Mrs Miller
The hon. Gentleman is making an important point, but he
will have heard the Minister say that she will be
undertaking the first ever audit of local authority
provision. Does he not wonder, as I do, why that has not
happened before?
-
I welcome the audit, but the question is what happens
afterwards. I would like this to be a statutory service
with a responsibility on local authorities to provide it.
Will there be any move by the Government towards that?
Having the information is one thing, but the next thing is
what the Government do with it.
On amendment 2, my hon. Friend the Member for Birmingham,
Yardley (Jess Phillips) made an incredibly powerful point
about the bedroom tax, describing the circumstances where
domestic violence victims might lose their children and
then find that they are moving into a small flat and are
told by the family courts that they do not have appropriate
accommodation to get their children back. I was not at all
convinced by what the Minister said about why the amendment
was not relevant. I urge my hon. Friend to press it to a
vote, because we cannot talk about straining every sinew
and still have a barrier of that kind in the way of
domestic violence victims.
There is a broader need for us to recognise the threat to
refuges that exists not only because of local authority
funding cuts but because of proposed changes to housing
benefit. We must look at the impact that that could have on
refuge provision. I urge the Government, if they are
serious about supporting domestic violence victims, to make
every possible representation to the Department for Work
and Pensions with regard to implementing those housing
benefit changes. I support the Government on this important
Bill. However, I urge Members to support all the
amendments, particularly amendment 2, because they will add
further powers to the Bill.
-
This is an important Bill. I think that we all heard the
passion with which the hon. Member for Birmingham, Yardley
(Jess Phillips) spoke about this subject, which really
underlined how important it is.
I have sat in this Parliament for a long time, and it has
always struck me that short Bills, specifically to the
point, are far more powerful in supporting people’s rights
than the Bills that we sometimes see, with clause after
clause. We know how complex housing issues are, and that is
why guidance is the key. We put the right into primary
legislation, and then we have the guidance to deal with the
problems. Victims of domestic violence are often in a
chaotic situation because of the nature of what is
happening in the home. The best way of dealing with that is
through guidance.
The Department consults very widely on guidance. A vast
raft of housing charities and women’s rights charities can
give their views, and then we have a Committee upstairs. I
must admit that having Committees upstairs that simply note
what has been discussed always seems slightly odd, but the
consultation gives Members an opportunity to raise a lot of
points. Indeed, if the Opposition want to pray against
something, it sometimes comes to the Floor of the House for
a vote. There are mechanisms for ensuring that the guidance
is comprehensive and right and it was probably written by
the same experts in the Department who were trying to deal
with this difficult and complex problem under the Labour
Government.
I have seen the passion that many Members have expressed on
this subject, and I understand that because this is about
people’s lives, but I also listened very carefully to the
Minister. She talked about training; that is good. She
talked about audit; that is good. She talked about various
money pots; that is good. She talked about pilots, which
means that the Department is open-minded about how we
should go about solving some of these very important
problems. Providing that the pilots and the audit are done
properly, we can get a better service to those who face the
real and great tragedy of domestic violence and the
consequences that has for them, their children and the
family.
I think that the Government are on the right track. I
understand the passion that people feel about this.
However, it is not about what is in the Bill; it is about
what is in the guidance. There is a big debate to be had on
that, but today we need to get on with supporting the Bill
and getting it on to the statute book. I therefore support
the Minister in resisting the amendments. Let us consult on
the guidance, listen to what the experts want us to do, and
have a listening Government who will try to ensure that we
have a fit-for-purpose policy that will deal with people
who are facing great misery at home because of this
problem.
-
(Nottingham North)
(Lab/Co-op)
Before coming to this place, I served on my city council,
where for a number of years I had responsibility for
Nottingham’s efforts to tackle domestic abuse and to
support survivors. I learned many things during that
period, but one thing has particularly stuck with me ever
since: when a survivor—usually a woman—makes the decision
to leave their abuser, the state must be there to wrap
around that person. There can be no grey areas and no “I’ll
call you back on Monday”. It must be immediate and
comprehensive. Whether it is housing, support for children
or fostering for pets, it has to be there. It is with that
in mind that I rise to speak.
The Bill enjoys support on both sides of the House, as we
have heard, and from the charities that work tirelessly to
protect women and children fleeing abuse. The intentions
behind the Bill are decent, and while we in this place may
not directly see the impact of the decisions we take today,
those decisions will change the lives of very vulnerable
people and allow them to escape their abusers and start to
live their life free from fear. Nevertheless, there are
some grey areas of outstanding concern that I want to focus
on briefly.
The first is reciprocal arrangements, which are covered in
new clause 1. The nature of the abuse that a survivor is
fleeing means that they might need to leave Nottingham and
go to Birmingham or even Cardiff or Glasgow, and it is
vital that they are not disadvantaged. I am grateful for
the assurance we were offered—not this morning, as the
Minister said, but this afternoon, in letter form—that the
Welsh, Scottish and Northern Irish Administrations are
relaxed about their abilities to ensure such arrangements.
Nevertheless, people change and circumstances change, and
that letter will not be of much significance if
co-operation is not properly monitored. That is all the new
clause asks for, and whether it is accepted or not, I hope
that the Government will continue to commit to that.
The Government have stated that the legislation will
protect victims who need to move their secure tenancy
across local authority boundaries and that amendment 1 is
unnecessary because the courts and Government guidance
state that the local connection test does not apply in
domestic abuse cases. However, those who work on the ground
know that that is not quite how it works. The organisations
that work most closely with those fleeing abuse have made
it clear that, as is so often the case, there is a
difference between the best-intentioned Government guidance
and the reality of the situation on the ground.
Women often have to flee across local authority boundaries
to find safety, and we know that local authorities are at
best inconsistent. In 2016-17, local housing teams
prevented nearly a fifth of the women supported by Women’s
Aid’s “No Woman Turned Away” project from making a valid
homelessness application on the grounds of domestic abuse,
for reasons including that they had no local connection. It
is said in this place that the local connection test does
not apply in domestic abuse cases, but it is not always
filtering down. That is a good argument for putting that
explicitly in the Bill, so that there is no doubt and no
grey areas, and on the night or day when an individual
leaves, whether they have a local connection or not, the
expectation on the local authority is entirely clear.
Finally, on amendment 2 and the bedroom tax, I was really
interested to hear from the Minister. She made it clear
that this would happen in a very small number of cases, but
I would be interested to hear what the evidence base was
for that and what those numbers were. I am certain that
none of us in this place would want finances to come into
play when an individual is making the very difficult
decision to leave their abuser. None of us would want that
individual to be punished because the house they were
moving into was deemed to have a spare room, because they
were waiting to be reunited with their children or because
of the way the housing stock we are talking about was
structured. In Nottingham, there is not a suite of choices
waiting for an individual, with the option of saying,
“You’d be suitable for a one-bedroom place,” or, “You might
be suitable for a three-bedroom place.” The fact of the
matter is that we will be putting them wherever we can. I
know that none of us would want them to be financially
punished for that, which is an excellent reason for
accepting amendment 2, so that we are very clear, because
it is in the grey areas that we will struggle.
I am conscious that other Members are waiting to speak, so
I will leave it there. I believe that the new clause and
the amendments would strengthen the Bill. I do not think
that much of their substance has been disagreed with; it is
just about whether or not to write them down. I will make
this clear argument: let us not leave it to guidance. Let
us be explicitly, painfully, to-the-letter clear about the
system that we are designing today. The consequences of it
are life and death, so it is well worth our putting those
words on the face of the Bill.
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(Telford) (Con)
It is a pleasure to follow the hon. Member for Nottingham
North (Alex Norris), who made insightful remarks. Today’s
debate has been incredibly valuable and informative. I am
so grateful to all Members who have come here to share
their experience, including the hon. Member for Birmingham,
Yardley (Jess Phillips). Often we talk about her passion,
for which she is renowned, but she brings to this place the
very lucid voice of the women she has worked with and the
chaos she has seen, and so often the work we do misses that
voice. It is not just her passion for which we should be
grateful, but her great experience and her capacity to
bring it to us in this place in a way that we can all
understand.
I would also like to comment on the hon. Lady’s remarks
about children being taken into care as a result of
domestic violence. She is absolutely right; the failure to
protect so often causes women to lose their children to the
care system, and anything we can do in this place to reduce
that eventuality has to lessen some of the agony and pain
that families go through in these circumstances.
6.15 pm
I am really pleased that we are here discussing the Bill. It is
testament to the work of many Members that this issue has become
centre-stage. I am grateful to the Prime Minister for giving her
absolute commitment to tackling the issues of domestic violence
and for keeping this manifesto commitment. We are all talking
about it today, and that is what we need to do more of.
The Minister has given us a lot of reassurance today. The hon.
Member for Birmingham, Yardley will be pleased to know that I
previously worked at a Women’s Aid refuge in Wandsworth Council’s
area, and I can confirm that the women coming to that refuge were
always coming out of borough for the sake of their own safety. I
listened to what the hon. Member for Great Grimsby (Melanie Onn)
said about amendment 1, and she was persuading me that I should
support it, because I have seen that at first hand and know
exactly what she is alluding to. However, we have received some
clear and categorical assurances from the Minister, for which I
am grateful. I have taken those on board and am very pleased
indeed.
I welcome the other important measures that the Government are
seeking to introduce, including the £17 million violence against
women and girls service transformation fund. I am grateful that
the issue has become central to our agenda in this Parliament,
not least because in the past 18 months, three women in the
Telford area have been killed by partners or ex-partners in their
own home or a home they shared with the perpetrator. Sometimes
these horrific events can become normalised. We read about it in
the Shropshire Star, but nobody even alludes to the fact that it
was an ex-partner or that it was domestic violence. We need to
talk about it, which is why it is so important that we are all
here today.
I do not want to add any further comments to what has been said,
other than on training. In my experience, women approaching
housing authorities do not always come up against the type of
treatment and response that we would like them to receive. I feel
that demanding that all councils provide training is not the way
forward. Councils have to take this on board and understand that
it is their duty to provide a better level of response, and by
having this debate, we are making them aware that women who go to
housing authorities in these circumstances are not receiving the
sort of response that they should expect and that we all want
them to receive.
I am very grateful to the Minister for her comments and to
colleagues on both sides of the House for the contributions they
have made. This is a very important Bill. It is a short Bill, as
the hon. Member for Great Grimsby said at the outset, but it is a
hugely significant one, and that is why I wanted to share these
comments.
-
I am aware that many others wish to speak, so I will be
brief. Those who are still left in the Public Gallery have
seen today the best of Parliament. This is the complete
opposite of yah-boo politics. There has been cross-party
discussion about a Bill that generally appears to have
cross-party support. We should welcome that and welcome the
exchange of ideas and views. That does not always happen in
this Chamber, but it has happened today.
As my hon. Friend the Member for Poole (Sir Robert Syms)
said, this is a short Bill. It is clear and to the point,
and it deals with a specific problem. When the hon. Member
for Birmingham, Yardley (Jess Phillips) reads Hansard
tomorrow morning, she will see many references to her
speech, but let me add one more. The disagreement from
Conservative Members with certain points she made was not
on the substance of the issue, but on the appropriateness
of those points in relation to the Bill. However, I am sure
that she, the Minister and others will continue to work on
this issue, and I think that Members across all parties
appreciate her expertise in this area.
One point in particular is worth making. Labour Members
have spoken about the spare room subsidy, which is not
really the subject of the Bill, but I want to make the
point that it is critical to get more social housing built.
For the Bill to be effective, we really need as much social
housing as possible to be built. If they take a look at the
record, as I have, they will see that roughly 2,900 local
authority homes a year were built from 1997 to 2010, while
under this Government—about half of that time—over 10,000
local authority homes a year were built from 2010 to 2017.
Labour Members must look at their own record on social
housing, and realise that a lot of the problems we now face
are partly down to the fact that they did not build enough
homes when they were in office. I know that the Minister
and the Government are working on that.
I finish by agreeing with the Minister and other
Conservative Members that I do not believe the new clause
and amendments are appropriate in this context, and I shall
vote against them for that reason.
-
(Ochil and South
Perthshire) (Con)
I rise to speak to new clause 1, which would have a
specific impact on local authorities in Scotland, including
in my constituency. I would say at the outset, in relation
to the thrust of what was said by the hon. Member for Great
Grimsby (Melanie Onn), that I agree about the need for more
co-operation across the United Kingdom, and I will come on
to that shortly. The difficulty, as shown by the fact that
I am the only Scottish MP in the Chamber, is that the Bill
is not necessarily the right vehicle to do so, because it
cuts across some devolved areas, and I want to go into that
in a little more detail.
The Government have a strong record on domestic abuse, and
the Bill is a further example of that. We have criminalised
coercive and bullying behaviour, and we have made sure that
we have domestic violence orders. We currently have an open
consultation, which provides the potential for more powers
and a greater understanding of other types of crimes, such
as economic abuse, that are often unseen. That is certainly
the experience of many of my constituents, as many people
in public authority have seen.
My knowledge of this matter has largely come from my
constituents, as well as from some of my own family
experience. Many of my constituents have relationships that
span the United Kingdom. Men and women who have had such
relationships may have some children in England and some in
Scotland, so there is a real need for co-ordination and for
a UK minimum standard. I have seen at first hand, in
refuges and in my constituency office, the bravery of these
women as well as the hardship that they have endured. I
know how much of an impact there can be on individual
lives, and how much need there is for them to move from one
local authority to another, which may not be an adjacent
one but a local authority far up the country in Scotland or
somewhere in England.
Members have talked a lot about the terrible abuse that
women have endured, and we know that domestic abuse has a
disproportionate impact on women. It is also important to
say, however, that 700,000 men were victims of domestic
abuse in 2015-16, and that young people are also victims.
When we talk about giving people opportunities in secure
tenancies in other local authorities around the country, we
need to ensure that we capture everyone, because domestic
abuse affects many different types of individual at many
different ages.
As I have said, and I will keep my remarks brief, a
national minimum is desirable. I very much feel that there
are times when we are four nations and many regions, but
there are also times when we are one country. On this
issue, I believe that having a national minimum would be
incredibly desirable. I am very keen to work with
Opposition Members, certainly as we examine other pieces of
legislation in this place, on having UK-wide frameworks,
especially in new policy areas, to make sure that there are
UK-wide minimums, even if the services are delivered
through devolved Administrations, local authorities or
other devolved agencies. I am very willing to help in such
a way. Unfortunately, however, as the Bill is targeted at
England, making an amendment to loop in what is a devolved
area in Scotland—it would have an impact in my local
authority and others—this is not the best place to do so. I
hope to work with Opposition Members in future to try to
develop policies on such minimums.
I hope that my hon. Friend the Minister will continue in
the spirit of consultation that she always shows in
relation to the devolved Administrations, and perhaps she
will consider extending her audit of services elsewhere in
the United Kingdom—beyond England to Scotland, Wales and
Northern Ireland.
-
I want to assure the Minister that at every stage of the
Bill, since I have been involved, I have sought to be
constructive in my approach. Having heard the arguments and
the Minister’s response, let me say that I do not intend to
push new clause 1 or amendments 1 and 3 to a vote. We have
made our points as fully as we can—sadly, to no avail—but I
do not want to cause any unnecessary delay to the Bill.
On the bedroom tax, however, the Minister’s response was
not wholly sufficient to ease the Opportunity’s concern
about the potential for a damaging loophole to be created,
which would be to the detriment of domestic abuse victims.
As the hon. Member for Poole (Sir Robert Syms) said, we
want a fit-for-purpose policy, and that is what we are all
aiming for. I therefore request that the House be permitted
to divide on amendment 2, but I beg to ask leave to
withdraw new clause 1.
Clause, by leave, withdrawn.
Clause 1
Duty to grant old-style secure tenancies: victims of
domestic abuse
Amendment proposed: 2, page 1, line 25,
at end insert—
“(2BA) A local housing authority which grants an old-style
secure tenancy under subsection (2A) or (2B) has discretion
to decide whether or not the maximum rent for the old-style
secure tenancy should be determined according to regulation
B13 of the Housing Benefit Regulations 2006 (SI 2006/213)
as amended by the Housing Benefit (Amendment) Regulations
2012 (SI 2012/ 3040).”—(Melanie Onn.)
Question put, That the amendment be made.
Division 149
8 May 2018 6.26 pm
The House divided:
Ayes: 246 Noes: 302 Ayes: 246 Noes: 302
Question accordingly negatived.
- View Details
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Madam Deputy Speaker (Dame Rosie Winterton)
I remind the House that before Second Reading, as required
by the Standing Order, the Speaker certified the entire
Bill as relating exclusively to England and within
legislative competence. The Bill has not been amended since
then. Copies of the certificate are available in the Vote
Office and on the parliamentary website.
Under Standing Order No. 83M, a consent motion is required
for the Bill to proceed. Copies of the motion are now
available. Does the Minister intend to move the consent
motion?
-
The Minister for Women and Equalities (Penny
Mordaunt)
indicated assent.
The House forthwith resolved itself into the Legislative
Grand Committee (England) (Standing Order No. 83M).
[Dame in the Chair]
6.42 pm
-
The Second Deputy Chairman of Ways and Means (Dame Rosie
Winterton)
I remind hon. Members that, if there is a Division, only
Members representing constituencies in England may vote.
I call the Minister to move the consent motion.
Motion made, and Question put forthwith (Programme Order,
19 March, and Standing Order No. 83M(5)),
That the Committee consents to the Secure Tenancies
(Victims of Domestic Abuse) Bill [Lords].—(Mrs Wheeler.)
Question agreed to.
The occupant of the Chair left the Chair to report the
decision of the Committee (Standing Order No. 83M(6)).
The Deputy Speaker resumed the Chair; decision reported.
Third Reading
6.43 pm
-
Mrs Wheeler
I beg to move, That the Bill be now read the Third time.
I will be very brief, because I believe the Bill has
cross-party support. This short and targeted Bill is an
important part of the Government’s wider aims of supporting
victims of domestic abuse to leave their abusive situation,
and ensuring that they and their families are provided with
the stability and security they need and deserve. I am sure
all Members agree that domestic abuse is a particularly
horrible crime. Its effects are insidious and its impacts
are wide-reaching. It has serious and lasting impacts on
victims, their families and society as a whole.
The Bill will protect lifetime tenants who have to flee
their home, whether they apply for rehousing by their own
local authority or to any other local authority in England.
It will also protect those who have lost their lifetime
tenancy if they have fled their home, and it will protect
those who want to return to their home after the
perpetrator has left or been removed. It will ensure that
in every case, where they are granted a new tenancy by the
local authority, they will know that they are able to
retain their lifetime tenancy in their new social home.
Lord Bourne was personally very committed to taking the
Bill through the other place and I am proud to have been
able to do so in this place. He was very grateful for the
cross-party support he received from his noble colleagues
and I would like to echo my thanks to hon. Members for
their support. I know that we have had our differences
regarding the detail, but I am sure we are all in agreement
on the main aims of the Bill. We can all take credit for
ensuring that this small but vital piece of proposed
legislation is put on the statute book, but I would like,
if I may, to pay particular tribute to .
She has been the mainspring behind the Bill and it is
through her persistence during its passage in the other
place that it is in such good shape.
I am heartened to know that the Bill has been widely
welcomed by the organisations that support victims of
domestic abuse, in particular Women’s Aid. I would like to
take this opportunity to pay tribute to all those who work
so hard to support victims of domestic abuse everywhere,
not just Women’s Aid but Refuge, IMKAAN and many more.
Before I finish I would also like to thank the members of
the Bill team for their hard work and support in taking the
Bill through: Frances Walker, Jane Worthington, Jane
Everton, Lizzie Clifford, the parliamentary draftsman
Anthony Brown, and finally, from my own team, Emma Andrews.
6.46 pm
-
I would like to start by thanking my colleagues in this
House, in particular my hon. Friends the Members for
Croydon Central (Sarah Jones), for Birmingham, Yardley
(Jess Phillips), for Chesterfield (Toby Perkins), for
Nottingham North (Alex Norris), for Walthamstow (Stella
Creasy), for Canterbury (Rosie Duffield), and, for her
contributions this afternoon, my hon. Friend the Member for
High Peak (Ruth George). I also thank Members in the other
place for scrutinising this proposed legislation and
ensuring that it leaves in a marginally better state than
when it arrived. I would particularly like to pay tribute
to my colleague Baroness Lister, as her amendment to the
original Housing and Planning Act 2016 is the reason the
Bill is before us today.
I am disappointed that the Minister has been so reluctant
to support any of our amendments, as they would have
strengthened the Bill by helping to equalise the quality of
care across the country and guaranteeing that domestic
abuse victims who move authorities still have a secure
tenancy in their new authority. I had hoped that, given
that mistakes had been made in this area in the past and
such provision had not been included in the Housing and
Planning Act 2016, the Government might have listened to
some of the concerns from the sector about the ambiguity of
the Bill. However, given that we have just divided on the
matter, we will support the Bill as drafted.
Despite that, the Bill leaves the House today and it will
do a large amount of good for many domestic abuse victims
across the country. By guaranteeing a secure tenancy to
victims of domestic abuse moving from a secure tenancy, the
Bill will remove a key barrier that prevents domestic abuse
victims from leaving their perpetrator. There is a clear
need for a new radical and credible approach to housing and
refuges, but the Bill will provide more security to many
domestic abuse victims who are in secure tenancies. We
therefore support the Bill.
6.48 pm
-
I welcome the Bill before us today. I also welcome the
Minister stating the Government’s wider aim of enabling
victims of domestic violence to be able to leave the
perpetrator so that abuse can end.
Like my hon. Friend the Member for Great Grimsby (Melanie
Onn), I was very disappointed that the Government were not
prepared to listen, in particular to amendment 2. I urge the
Minister to go back to housing benefit and discretionary
housing payment practice in local authorities, because even
the national housing executive guidance on the gov.uk website
states that a discretionary payment will last for a set
period of time. That is what happens in practice.
In the last period for which we have information on
discretionary housing payment, 121 councils ran out of
discretionary housing payment budget. That means time-limited
grants that people are able to reapply for, but, in a
domestic violence situation, that is another burden and
payment cannot be guaranteed. That leads to further
insecurity for victims and for their children, in particular
in the very distressing circumstances, mentioned by my hon.
Friend the Member for Birmingham, Yardley (Jess Phillips),
where children have been taken away due to failure to
protect. We would all wish to see those circumstances come to
an end as soon as possible for such families.
I turn to the wider implications of the Government’s policy
on domestic violence, particularly around universal credit,
which I have been looking at as a member of the Work and
Pensions Committee. I very much hope that the Minister will
take her experience of issues relating to domestic violence
and to women who seek to flee from their abuser and speak to
colleagues in the Department for Work and Pensions about the
single payment system under universal credit. The Financial
Times highlights this issue today, saying that women will not
even be able to access the money for a bus, train or taxi
fare to leave their abuser. As I mentioned in an
intervention, even when victims manage to leave, they need a
benefits system that will respond immediately to their needs
and guarantee them benefit and support. Some victims are not
even able to access a place in a refuge without that support
and end up going back to the perpetrator of their abuse. One
cannot imagine the additional abuse that they will receive
having attempted to leave, and then having to go back again.
Although the Bill is welcome, a lot of social housing
providers are very concerned about universal credit in cases
when there is a joint tenancy, because when a perpetrator of
domestic violence leaves, the payment is split between the
perpetrator and the victim of domestic abuse. This means that
the victim receives only half the housing element of
universal credit and therefore immediately falls into
arrears. Evidence that we took on the all-party group on
universal credit showed that some victims of domestic
violence were already being evicted, because the system meant
that their arrears had built up to thousands of pounds.
Although I very much welcome the Bill and the Government’s
wider intentions, I hope that the Minister will use the
experience that she has gathered on the Bill to talk to other
Departments and to look at the overall experience of victims
of domestic violence and the support that they get from
Government.
Question put and agreed to.
Bill accordingly read the Third time and passed, without
amendment.
Nuclear Safeguards Bill (Programme) (No. 2)
Motion made, and Question put forthwith (Standing Order No.
83A(7)),
That the following provisions shall apply to the Nuclear
Safeguards Bill for the purpose of supplementing the Order of
16 October 2017 (Nuclear Safeguards Bill (Programme)).
Consideration of Lords Amendments
(1) Proceedings on consideration of Lords Amendments shall
(so far as not previously concluded) be brought to a
conclusion two hours after their commencement at today’s
sitting.
(2) The proceedings shall be taken in the following order:
Lords Amendments Nos. 3, 1, 2 and 4 to 7.
Subsequent stages
(3) Any further Message from the Lords may be considered
forthwith without any Question being put.
(4) The proceedings on any further Message from the Lords
shall (so far as not previously concluded) be brought to a
conclusion one hour after their commencement.—(Kelly
Tolhurst.)
Question agreed to.
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