My Lords, I will speak to Amendment 87C, which I may press to a Division.
Last week, public discussion following the tragic death of Sarah Everard tended to emphasise that it is not for women to limit their freedom because there are violent men around—rather, that it is men who should change their behaviour and be educated into civility.
This amendment has a similar bent. It too is about shifting the burden of suffering from abusive behaviour away from the victim and on to the perpetrator. We are all agreed on the principle and I am grateful to the Minister for meetings and correspondence. The principle is that of ending the tenancy enjoyed by the perpetrator in social housing and leaving the victim in occupation, with that tenancy vested in her—if it is “her” because obviously this works both ways.
The only remaining issue is how best to draft this. It is common sense to leave the victim, possibly with children, in her home and make the perpetrator leave. It is cheaper too because rehousing the abused parent could cost from £3,000 to £11,000. We know that women’s refuges are overcrowded and short of funding. The pressure on them would be infinitely less if the woman could stay at home and not have to run away. This scheme is being tried out in Scotland and already operates in several Australian states. The Renting Homes (Wales) Act 2016 provides for the transfer of the interest from one joint tenant to another. The amendment says that if the victim applies to the court, the perpetrator may be removed as a joint tenant, provided that the tenancy is affordable for the victim. The tenancy shared by the victim and the perpetrator would be severed and the perpetrator’s tenancy would vest in the victim and any other joint tenant. The tenancy would continue in the name of the victim, but the perpetrator would remain liable for rent arrears incurred before the eviction.
Social housing providers can support the victim in managing debts, and they might even consider it right to rehouse the victim immediately in other suitable property. In the rare case where there are other joint tenants, their interests need to be considered, for their share of the housing costs might rise. The change in tenancy should have no effect on the landlord, but he or she could make representations to the court during the application process. No objections have been received so far from landlords who have been consulted by domestic abuse support organisations. Indeed, this amendment has been welcomed by the domestic abuse commissioner, the Local Government Association, Women’s Aid and related organisations.
The drafting needs to ensure that the perpetrator retains liability not only for rent arrears before he loses his tenancy but, for example, for damage he might have caused to the property. I respectfully disagree with the Minister’s concern that common law stands in the way of reassigning the property and the liabilities, because the statute would override common law. There
are no human rights concerns as mentioned by the Minister. Protocol 1 of Article 1 of the European Convention on Human Rights, which protects property enjoyment, is subject to the right of the state to interfere when necessary in the public interest. Indeed, it is the property enjoyment rights of the victim that would be interfered with if she is driven out by the violence of the perpetrator. Article 6 provides that there should be a hearing before deprivation of a civil right, and so there will be, because the perpetrator has the right to representation in the court proceedings.
Moreover, it has been possible for a long time for an English court to act ex parte; that is, on hearing only one side where there is an urgent case. When no-fault divorce comes into force this autumn, one of life’s most important civil rights, that of staying married, will be terminated at the will of one party with no right for the other to defend or have any say in it. That has been accepted as legitimate—rather surprisingly. A rather lesser upheaval, in this case eviction, can be managed safely without any infringement of human rights, as can any fears about Article 8—the right to a private and family life. It is the victim’s rights that have been disrupted and that article goes on to say that the right may be interfered with in order to protect other people’s rights or in the public interest.
I will give noble Lords chapter and verse. Article 3 of the human rights convention prohibits “degrading treatment”. The European Court of Human Rights has held that the state had failed to provide the victim with immediate protection against a husband’s violence in a case concerning Slovakia, and that offended against the prohibition of degrading treatment. On Article 8—the right to family and private life—the European court held that this had been breached by Bulgaria and Ukraine, among others, because the state had not helped the victim. It is the victim’s right to family life which the perpetrator has destroyed. In a 2010 case involving the United Kingdom—JD and A v the United Kingdom—the court held that the victim’s property rights were violated and that she should stay put. This was about Protocol 1—the right to property. The Government themselves do not consider that there is any Article 6 breach, covering the right to trial, in their Explanatory Memorandum. That is because the perpetrator has the opportunity to make representations at a subsequent hearing. That was in a case called Micallef v Malta. All human rights as listed are subject to interference in the public interest and proportionality, so there need be no concerns at all about human rights. Let us remember that it is the victim’s human rights that have been violently disrupted.
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Given the complexities of getting the drafting absolutely correct, especially as regards third-party and property interests, the path through consultation is acceptable, provided that the Minister will give absolute guarantees that this is to be completed within months and that the opportunity is seized in the next appropriate Bill to insert this amendment. I believe that a renters Bill is on the horizon which would provide a good vehicle. I understand also that the consultation can take place swiftly, but so often it is the response from the Government that drags these things on. We do not consider it a
good idea to wait to see how a similar provision is working in Scotland. I have heard the “Let’s wait for Scotland” excuse so often in relation to other proposed reforms that it always puts me in mind of “Waiting for Godot”. I hope that the Minister will accept this way forward and put strict time limits on any consultation. I will seek to divide the House on this amendment.