My Lords, I wish to address just three issues in support of these amendments, which have been moved so powerfully.
First, in Committee the Minister argued that the DDVC and domestic violence rule were designed to
“provide a route to settlement for migrant victims who hold spousal visas.”—[Official Report, 8/2/21; col. 98.]
The position of those who entered on other types of visa was addressed by the right honourable Theresa May on Report in the Commons. She took the point that generally they would have to show that they have independent financial support but noted that
“it is perfectly possible that they might find themselves in a relationship where the removal of that financial support is part of the abuse they are suffering. We have to take account of that as we look at this issue.”—[Official Report, Commons, 6/7/20; col. 712.]
I wonder whether the Minister has taken account of that.
Secondly, the Minister explained that
“we have worked with the sector to launch the support for migrant victims scheme.”—[Official Report, 8/2/21; col. 101.]
This is welcome and, as I said in Committee, it is to the Government’s credit that they revised the scheme in response to some of the criticisms of the draft prospectus. However, as already noted, it remains the case that the sector does not believe that such a scheme is necessary and has real concerns that the funding made available will not meet the needs of many of the women who will be seeking help from it. I asked in Committee whether it would be possible to at least suspend the “no recourse to public funds” rule for this group during the lifetime of the pilot. However, I did not get a direct response, so I would appreciate one now.
Thirdly, with regard to the Istanbul convention, the Minister noted that
“the position on whether the UK is compliant with Article 4(3) … to the extent that it relates to non-discrimination on the grounds of migrant or refugee status, and with Article 59, relating to residence status, is of course under review, pending the evaluation and the findings from the support for migrant victims scheme”—[Official Report, 8/2/21; col. 100.]
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There is real anxiety that the Government may now try to reserve these articles in order to achieve faster ratification of the Istanbul convention, as noted by the noble Baroness, Lady Helic. I refer to the letter of 11 February about the convention from the International Agreements Committee to the Minister for Safeguarding, following her appearance before it. I apologise for quoting at length, but it is an important letter. It expressed deep concern,
“that you were unable to give us any assurances that the necessary measures would all be implemented this year to ensure ratification can take place promptly. This is particularly troubling in circumstances where the underlying agreement was signed by the UK in 2012 and subsequent progress has been so slow … it seems that the question of providing support to refugees and migrants experiencing violence and domestic abuse is not going to be resolved soon, and you acknowledged to us that work on this was unlikely to be completed until next year, at the earliest. We noted your suggestion that one way to expedite the process of ratification would be to enter reservations in respect of the provisions of the Istanbul Convention which relate to non-discrimination on the grounds of immigration status ... Under Article 79 of the Convention, any such reservation could remain in place for a (renewable) period of 5 years. We have serious doubts about this approach, which could result in the issue of non-discrimination remaining unaddressed for a prolonged period. We also note the proposal from the End Violence Against Women Coalition to amend the Domestic Abuse Bill to make specific provision for non-discrimination. A clause of this type could allow for the process of ratification to be expedited
and we would support efforts to introduce a clause which would provide adequate support to all victims of domestic abuse, regardless of their migration status.”
In other words, something on the lines of amendment 87. I share that deep concern. Can the Minister give an assurance that there is no intention to enter such a reservation, thereby potentially kicking the issue into the long grass?
In conclusion, I am afraid that Ministers can argue until they are blue in the face that the Bill’s provisions apply equally to victims and survivors of domestic abuse, regardless of immigration status and that migrant victims should be treated first and foremost as victims. However, so long as they refuse to accept these amendments, I am afraid they will convince neither Members of your Lordships’ House nor organisations on the ground—nor, most importantly, migrant victims and survivors of domestic abuse themselves. I do hope that the Government will think again, even at this late stage, and, if necessary, come forward with their own amendments at Third Reading.