Anna McMorrin
MP for Cardiff North · Labour · United Kingdom
“I am sure that the hon. Member will agree that there are always lessons to be learned in this place, but we recognise that more needs to be done on second homes and short-term lets. The UK Government will consider a wide range of evidence on the issue, including learning from other parts of the UK.”
“I completely agree with my hon. Friend. The Prime Minister’s announcement to give everyone a route off the streets by Christmas comes with a £442 million boost in funding and a landmark summit to bring everyone together to end rough sleeping.”
“I thank my hon. Friend for her important question. She is absolutely right: these are challenging times right across the country. Wildfires are a stark reminder for us to take care of our environment as we face the ongoing challenges of our changing climate, and we need to mitigate the effects of more summers like this.”
“We are listening closely to farmers, as we always have. We have announced more to protect family farms. We have changed the allowance for the 100% rate of relief, increasing it from £1 million to £2.5 million. That gets the balance right between supporting farms and businesses, fixing the public finances and funding our public services.”
“Housing is a devolved matter in Wales, but we know that people are struggling with the affordability of everyday life. That is why easing the burden on the cost of living is our priority. We have taken immediate action by removing VAT from energy bills from 1 October, giving millions of households breathing space this winter.”
“Farming is central to Wales’s economy and rural communities, and we are steadfast in our support for farmers. That is why I regularly meet and speak to farmers and their unions, visiting farms and agricultural shows across the country, including the Royal Welsh show this summer.”
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“We are talking about thousands upon thousands of lives being ruined in our communities—retired people losing all their savings, and mums and dads losing the money that they had set aside for when their children went to university, or to help them to put a deposit on a house. According to the Government’s fraud strategy, published in May, 300 people who contacted Action Fraud last year to report their losses were considered by the call handlers to be at risk of suicide. Just last week, we heard that two elderly pensioners lost £27,000 because criminals posing as police officers had persuaded them to withdraw large sums of cash. As my hon. Friend the Member for Rotherham pointed out, last year alone over £1.2 billion was stolen through fraud.”
“Is it any surprise, then, that a year after a previous Prime Minister and Home Secretary were chastised by the Office for National Statistics for leaving out fraud when they talked about the overall rates of crime in our country, the current Prime Minister and Home Secretary repeatedly did exactly the same in the House? Minister after Minister has tried to play down or simply ignore the most frequently experienced crime in our country, and I fear that by not having it in the Bill the Government are seeking to do the same. All of us whose constituents have fallen prey to scammers know that it is anything but a victimless crime. I am sure that every Committee member is dealing with constituents who have become victims to fraud.”
“In February last year, when he was the Business Secretary, the right hon. Member for Spelthorne (Kwasi Kwarteng) told the BBC that fraud was not the sort of crime that people experience in their daily life. Shortly afterwards, the Government’s counter-fraud Minister, Lord Agnew, resigned that post in protest at the “combination of arrogance, indolence and ignorance” that he had observed in the Government’s response to fraud. The Treasury, he said, “appears to have no knowledge of, or little interest in, the consequences of fraud to our economy or society.” —[ Official Report, House of Lords, 24 January 2022; Vol. 818, c. 20-21.] Bear in mind that that was when the current Prime Minister was in charge at the Treasury.”
“Absolutely, and that just goes to emphasise the importance of the amendment. The cost to the mental health and wellbeing of victims of fraud is significant. In the year ending December 2022, 3.7 million offences were reported to the crime survey for England and Wales—a huge number, equating to 41% of the total offences experienced in that period. I am sure that the Minister has not had a chance to look yet, but our amendment has received coverage in The Times today, which reports that fewer than one in 3,000 fraud offences committed last year resulted in a prison sentence. Far too often, The Government have treated fraud as a second-tier type of crime, and if Government Committee members reject that characterisation, I need only quote their own Ministers’ words back to them.”
“Amendment proposed : 19, in clause 12, page 10, line 22, at end insert— “(d) fraud.”— (Anna McMorrin.) This amendment would extend the duty to collaborate to include victim support services for victims of fraud. Question put, That the amendment be made.”
“I will quickly respond to the Minister’s comments on amendment 9. I take what he said about ensuring that collaboration includes support for different sorts of victim, but the point that I am outlining in the amendment—that child victims often need a very different type of support—is backed up by a lot of evidence and the many organisations we worked with to table the amendment. I would like the Minister, when taking the Bill forward, to reflect on that and to see what he can do to encourage and include collaboration specifically with child victims and support services. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn.”
“I beg to move amendment 15, in clause 13, page 11, line 14, at end insert— “(d) the Commissioner for Victims and Witnesses.”. This amendment would require the relevant authorities to consult the Commissioner for Victims and Witnesses when preparing their strategy for collaboration.”
“The commissioner’s office can consult on best practice from the very beginning, guiding the authorities to make the meaningful change that the Minister wants the Bill to introduce. It is essential that the Victims’ Commissioner is consulted when the relevant authorities are preparing their strategy for collaboration on victim services; that is why I moved this amendment and tabled amendment 16. I am sure that the Minister will agree that that is needed in the Bill and that this oversight is simply an error that can be easily fixed.”
“I will refer to amendments 15 and 16 together. The clause outlines that relevant authorities in each police area must prepare a strategy for victim support services. Such collaboration is welcome, but there is one glaring omission: the Victims’ Commissioner. In previous amendments, we have debated proposed increased powers for the Victims’ Commissioner, who is the one who voices the concerns of the voiceless—the victims. It is therefore imperative that, in the strategy preparation, the agencies must include guidance from the Victims’ Commissioner and consult that office. Only then will victims really have an independent voice advocating for them right down to the local level, where victims will see that most genuine change and impact.”
“I am grateful to the Minister for setting that out: what will be said in statutory guidance and his explanation for deliberately avoiding a prescriptive list in the Bill. However, a reference to the Victims’ Commissioner is the core essence of what the Bill is about. Certainly part 1 is about giving a voice to victims, which is within the remit of the Victims’ Commissioner. I beg him to look at this again, and to be more prescriptive within the statutory guidance to ensure that there is a deliberate reference to the Victims’ Commissioner for those relevant authorities. Would he consider that?”
“I thank the Minister for that. I will not push the amendment to a vote, but hopefully we will work together on the statutory guidance. I beg to ask leave to withdraw the amendment. Amendment, by leave, withdrawn.”
“Clause 22, as amended, ordered to stand part of the Bill . Clause 23 Consequential provision Question proposed , That the clause stand part of the Bill.”
“I rise only to agree with the Minister. I have no comments to make on the clause, because it is an important part of ensuring that the Bill works in terms of data protection. Amendment agreed to. Amendments made: 32, in clause 22, page 18, line 4, leave out “disclosure or”. See the explanatory statement to Amendment 34. Amendment 33, in clause 22, page 18, line 5, leave out “a disclosure or processing” and insert “it”. See the explanatory statement to Amendment 34. Amendment 34, in clause 22, page 18, line 11, leave out “has” and insert “and ‘processing’ have”.— (Edward Argar.) This amendment and Amendments 31, 32 and 33 give “processing” of information the same meaning as in the Data Protection Act 2018. Processing includes disclosure and other uses of information, so there is no need to refer separately to disclosure.”
“This part of the Bill refers to the code of practice for victims. We need to ensure that if this Bill progresses, much of what has been discussed is reflected in it as we move forward, so that it is improved for victims—because that is what this is about. It is about victims’ experiences and real lives. The vast majority of victims do not get their entitlements. We currently have a Bill that falls short of that, but I hope that together we can robustly improve it and ensure that victims’ lives and experiences are changed for the better.”
“I am not sure there is much point in community engagement when there is no onshore wind. We do not have any onshore wind. Last week, we heard the Climate Change Committee’s devastating report on this country’s commitment to net zero. When will this Government unlock the barriers to onshore wind?”
“The BBC discovered that 700 registered sex offenders have gone missing in the last three years alone, so it is highly likely that they breached their notification requirements without getting caught. Families and survivors deserve to know if a perpetrator has changed their name. Relying on a system that depends on registered offenders self-reporting changes in their information is dangerous, and an enormous risk to public safety. I hope that the Minister will respond with the positive message that he will go back to his Department and work with colleagues to change that.”
“The child sex offender disclosure scheme, the domestic violence disclosure scheme, and the Disclosure and Barring Service all rely on having the correct name. If they do not have that, how do they go about safeguarding the many survivors and victims out there? My hon. Friend pointed out that an offender can easily change their name from anywhere, even prison, and there is no joined-up approach between the statutory and other agencies. I understand from the data that she collected that the Home Office has confirmed that more than 16,000 offenders were charged with a breach of their notification requirements just in the five years between 2015 and 2020.”
“I pay tribute to my hon. Friend the Member for Rotherham—not only for her powerful speech today, but for the huge amount of work that she has done on this very, very important issue. All of us here today can hear how absolutely important it is that the Government act on this issue. We fully support her in her endeavours and urge the Minister to respond positively and to find a way through. Registered sex offenders cannot be allowed to change their names without informing the police, and without the police then being able to take action. Leaving that loophole open calls into question the integrity of all the schemes that the public rely on. We all think that the public are safe through such mechanisms, as my hon. Friend set out. I am stumped for words by what my hon. Friend has called out, some of which is deeply shocking.”
“I support and endorse much of what my hon. Friend has stated on access to mental health services. I speak to many victims and survivors each week who are so traumatised by the current process, given the state that the justice system is in and the delays that they are facing—week upon week, month upon month, year upon year, waiting for their day in court, but with no access to support, going through the trauma day after day after day. I add my support to the essence of the points made by my hon. Friend.”
“Just last week at the UN Human Rights Council, Reem Alsalem, the UN special rapporteur on violence against women and girls, said: “The tendency of family courts to dismiss the history of domestic violence and abuse in custody cases, especially where mothers and/or children have brought forward credible allegations of domestic abuse, including coercive control, physical or sexual abuse, is unacceptable.” The Government’s harm panel report in 2020 was meant to address many of these issues, but progress has been slow. It is three years this week since that report was published, and the situation is now critical. Many vulnerable victims and children are being dragged by their perpetrator through the family courts and a system that has no understanding of the abuse that a victim and their children have faced and continue to face.”
“What is clear is that family courts are continuing to breed a culture that promotes contact with those who have been accused of abuse. Survivors of domestic or coercive abuse are facing counter-allegations of parental alienation as a stock response to their own abuse allegations, which is shocking. Courts have continued to instruct unregulated experts who are connected with the parental alienation lobby and who are known for dismissing domestic abuse victims. As a result, unsafe decisions are being made, with sometimes catastrophic consequences for child contact. We are now hearing of more and more cases of protective parents—most commonly the mother—losing all access to their children, who are instead placed with the abusive parent.”
“I beg to move amendment 64, in clause 2, page 2, line 25, at end insert— “(3A) The victims’ code must provide that victims must be informed of their rights under section 63 (Special measures in family proceedings: victims of domestic abuse) of the Domestic Abuse Act 2021.” I am incredibly grateful to be here today to discuss what I believe is a national scandal: what is going on in family courts across the country. Before speaking to the amendment, I want to set out the context. Cases of domestic abuse, rape and child sexual abuse are still routinely dismissed or minimised—so much so that support services are now dissuading victims from disclosing abuse or child sexual abuse for fear of accusations of parental alienation, which will result in children being removed from a safe parent.”
“There is an opportunity in this Bill to change that and to strengthen the victims code to place a duty on agencies to inform domestic abuse survivors of their rights under section 63, “Special measures in family proceedings: victims of domestic abuse” of the 2021 Act. I hope the Minister agrees that we should put this in the code to overturn what is happening now.”
“Her dedication to those mothers has brought hope to many women and survivors of domestic abuse, but it should not take going to appeal or having a barrister take a case to appeal, or overturning those cases, to expose the problems in the family courts. The rights of victims of domestic abuse under section 63 of the Domestic Abuse Act 2021 are not implemented consistently or, even worse, they are not informed of those rights at any point in the process. Many of the survivors report suffering, revictimisation and retraumatisation caused by the family justice system. It is clear that the special measures introduced in the 2021 Act have made no difference whatsoever to victims’ experiences on the ground.”
“I absolutely agree, and that gets to the core of the point I am making. Domestic abuse is the central issue in private law children’s proceedings in family courts, and evidence shows that allegations of domestic abuse are present in at least half of all such proceedings. A study by the Children and Family Court Advisory and Support Service published in 2021 found domestic abuse allegations in 62% of cases and that special measures in those cases were not being upheld. Earlier this week, I met Dr Charlotte Proudman, a barrister who specialises in family law at Goldsmith Chambers. She has worked with many survivors and victims of domestic abuse, taking their cases to appeal and being successful when she does so, which shows that there is a problem.”
“The Domestic Abuse Act 2021 assists by making it clear—in statute, which is important—that that is a requirement in the family courts. If the court fails to address the issue of special measures, the court has failed in its duties and the judgment is likely to be successfully appealed. It is a requirement under the rules to hold a ground rules hearing in each case to determine what special measures are required. That is simply not happening in family courts at all.”
“Those rules provide that victims of domestic abuse and other parties or witnesses are eligible for special measures in their proceedings if the court is satisfied that the quality of their evidence or their ability to participate in the proceedings is likely to be diminished due to their vulnerability. The court needs to consider a wide range of matters to assess whether a victim is vulnerable before determining whether any special measures are necessary to assist them. The Family Procedure Rules 2010 state there is a duty on the court to identify whether a party is vulnerable by virtue of being a complainant or victim and if so, what participation directions they need in order to ensure they can effectively participate in proceedings and give their best evidence.”
“That is absolutely part of the problem: we cannot see what is going on here, and that is why it is important that we are here discussing this issue. This is a vital debate, and I know many survivors and victims will be looking on keenly at our debate and how the Minister responds. They will take hope from the fact that we can do something about this absolute tragedy and travesty happening in our family court system to survivors and children. Provision for special measures in family proceedings is made in part 3A of the Family Procedure Rules 2010, supported by practice direction 3AA.”
“I thank my hon. Friend for making that point. Evidence from Women’s Aid still shows that survivors are disbelieved. Children have continued to be forced into unsafe contact arrangements with abusive parents, and perpetrators have continued to use child arrangement proceedings as a form of post-separation abuse. It is vital that the right support is signposted and that survivors are able to access that support. Parental alienation allegations in the family courts mean that many survivors of domestic abuse and coercive control are themselves made out to be the perpetrator. That has to stop.”
“The use of parental alienation is highly gendered and frequently used against mothers. Common to the gendered use of parental alienation is the depiction of mothers as vengeful and delusional by their partners, courts and expert witnesses. Mothers who oppose or seek to restrict contact, or who raise concerns, are widely regarded by evaluators as obstructive and malicious, reflecting the pervasive pattern of blaming the mother.”
“The report also found that family courts had tended to judge such allegations as deliberate efforts by mothers to manipulate their children and separate them from their fathers. That supposed effort by a parent alleging abuse is often termed “parental alienation”. Research and submissions received by the UN, however, demonstrated that the perpetrators of domestic violence misused family law proceedings to continue to perpetrate violence against their victims, resulting in secondary traumatisation, which then goes on and on and on. Parental alienation is used deliberately as a tactic. One study cited in the report found that parental alienation was mentioned in all 20 cases studied in the context of coercive control and child sexual abuse. Even when it was not explicitly used, the underlying ideas were still present.”
“My hon. Friend makes an excellent point. It is really important that all those wrapped up in the system understand their rights and that we strengthen the Bill with this amendment, so that survivors, victims and guardians get the support they need. The United Nations recently published the report of the special rapporteur on violence against women and girls, its causes and consequences. The report addresses the link between custody cases, violence against women and violence against children, with a focus on the abuse of the term “parental alienation” and similar pseudo-concepts. Evidence showed a tendency to dismiss the history of domestic violence and abuse in custody cases. That extends to cases where mothers or children themselves have brought forward credible allegations of physical or sexual abuse.”
“In the mother’s own words: “My daughter was not heard, and not listened to. We have been forced through more trauma and we don’t know what the future might hold.” The same practice was also cited by the UN report. Women are being advised by their legal representatives not to raise allegations of domestic violence as it would work against them.”
“I have spoken to countless women—all survivors of domestic abuse—who have been retraumatised by the family courts. All their cases read the same: the mother is criminalised, the children are ignored and the father is excused. One mother told me about her harrowing experiences—she is now being treated for post-traumatic stress disorder. The daughter disclosed that her father sexually abused her and told the guardian assigned to the case that she did not want to see him. The guardian dismissed the claim, and instead a read a book to the daughter that stated, “Mummy made it all up. Daddy hadn’t done anything wrong.” That same guardian said that she would only support the mother’s claim for full custody if the mother positively encouraged her daughter to have a relationship with her father.”
“The reason I am illustrating this point is that it is relevant in setting out the context of why we need the amendment. It relates to getting special measures in a court case. Without access to special measures, all of the abuse is perpetuated, including through the parental alienation tactics that are currently being used. The use of parental alienation becomes a self-fulfilling prophecy. As soon as parents are judged as being alienating, implacable or failing to listen, their action or inaction can be prejudiced. As a result, allegations of domestic violence remain sidelined as a one-off occurrence—they are not taken into account during proceedings. That reduces domestic violence to a minor conflict and stigmatises and pathologises women and children. How can that be best for the child?”
“Thank you, Ms Elliott—I appreciate that. In response to the right hon. and learned Gentleman, I have one last example to illustrate why these special measures—”
“A special measure could be anything; it could be a screen. It is about understanding and access to victim support. It is anything that will help a survivor of domestic or coercive abuse to understand the reason why the perpetrator is dragging them back to court, time and time again.”
“It is absolutely essential to build that case and show what is happening to the thousands of women and their families who are the victims of such abuse. As we have heard, family courts operate behind closed doors. There is very little resource, and very little is happening to bring together the agencies and court processes and ensure that special measures are in place.”
“The amendment would ensure that those in family courts, and all those agencies, have a duty to signpost victims to support and special measures, so that everybody around family courts should be aware of what is happening and of the abuse that is being perpetuated. The special measures outlined in the Domestic Abuse Act 2021 must be accessed: that is a duty on family courts, but it is just not happening. The amendment would mean that, under the victims code, agencies must ensure that those special measures are introduced. You have been very good, Ms Elliott, in allowing me to set out the context—I have talked about parental alienation and given examples of horrific abuse—but very little has been done in this House to set out the problems in family courts.”
“An awful lot of organisations and people working in this area, including the Head of Family Justice, are bringing to light what is happening, so I absolutely agree with the hon. Lady.”
“He won’t even let me eat lunch today.” She said to call her, and he said: “I can’t. I’m in the car and he will hit me if I call you. I have a big purple bruise on my knee.” Now more than ever, survivors of abuse and their children need our protection and support, and this amendment is the necessary first step in ensuring we do that.”
“My hon. Friend is absolutely right. We need to make sure that something is happening. That is why this amendment and the debate around it are so vital. The amendment will not solve everything in family courts—it is the tip of the iceberg—but we need to make sure that at the very least we have something in this Victims and Prisoners Bill to safeguard the mothers and children who are subjected to continued allegations and abuse through the family court system. That is not for want of trying by the very many organisations that are working hard. To illustrate why we tabled the amendment, I will quote from a message that was sent to a mother I spoke to. Her son had been placed with an abusive father. He said: “Mum…Dad bent my fingers back, hit me and pushed me on the floor.”
“I understand what the Minister says, and I appreciate his reflections, but I have to point out the number and the intensity of issues that I have raised and the amount of concerning evidence from the women I have spoken to. The amendment would have an impact on real cases. It would go some way towards helping victims to understand that they can get access to special measures in court. I have given illustrations from cases in which rape victims were not able to have a screen and were forced to speak to the perpetrator. They need to feel that they are empowered, that they are survivors and that they have the ability to ask for those special measures. Amendment 64 would go a long way towards ensuring that things start to change—that the culture starts to change—in the family courts. That is why I would like to press it to a vote.”
“I beg to move amendment 11, in clause 3, page 3, line 29, at end insert “and the Commissioner for Victims and Witnesses.”. This amendment would require the Secretary of State to consult the Commissioner for Victims and Witnesses when preparing a draft of the victims’ code.”
“Amendments 11 and 12 would make it obligatory for the Secretary of State to consult the Victims’ Commissioner on the preparation and revision of the victims code, rather than having the commissioner make proposals. This would also form part of the functions of the Victims’ Commissioner under section 49 of the Domestic Violence, Crime and Victims Act 2004—promoting the interests of victims and witnesses and keeping the code under review. It would also ensure that there is accountability and compliance with the victims code, and that standards are maintained at all levels. I hope the Minister will consider agreeing to the amendments.”
“The Victims’ Commissioner is established to be “a promoter, an encourager, and a reviewer of operational practice, and is the only statutory public body with these overarching duties in relation to victims”. The Victims’ Commissioner has the singular responsibility to introduce a degree of accountability to how agencies, including central Government, treat victims and witnesses. If victims are given their rightful recognition as participants in the system, their rights must be fully respected and delivered at each stage of the process. Currently, the Victims’ Commissioner has the widest remit of any commissioner but the most limited powers. The powers relating to the victims code should be strengthened, so that the Victims’ Commissioner is consulted alongside the Attorney General.”
“There must be meaningful consultation, but the Victims’ Commissioner has to be in there.” She went on to say, “in all the provisions about drafting codes and making changes, where it says you should consult the Attorney General, you have to consult the Victims’ Commissioner as well. This is about victims.” –– [ Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 28, Q63.] The Victims’ Commissioner has a statutory duty to keep the code under review, but the Secretary of State for Justice is not obliged to consult the Victims’ Commissioner on revisions of the code. I am not sure how they are not mutually exclusive.”
“If the Government accept both my amendments, they would go a long way towards demonstrating that they understand the value and authority of the Victims’ Commissioner’s office by ensuring it is integral when looking at the revised victims code. During the evidence session last week, when asked if the Victims’ Commissioner should be consulted in the drafting and revision of the victims code, Dame Vera said, “Yes, it is imperative... To be fair, the Government did consult us. It took about two years to get the victims code together. In fact, I am not sure if Mr Argar was not the Victims Minister when it started the first time around. It took a very long time... although I have to say we brought no change.”
“The Victims’ Commissioner is a public office established by Parliament in the Domestic Violence, Crime and Victims Act 2004 to encourage good practice in the treatment of victims and witnesses in England and Wales. It is independent of Government and works to raise awareness of issues faced by victims, conduct research, promote good practice and hold agencies to account on the treatment of victims. I pay tribute to Dame Vera Baird, the former Victims’ Commissioner, who resigned in September last year after three years in post. Dame Vera was integral to shining a spotlight on the harmfully low number of prosecutions, and she secured safeguards against excessive requests for victims’ mobile phone data in rape investigations.”
“Amendments 11 and 12 address the same issue. Amendment 11 falls under clause 3 concerning the drafting of the victims code, and amendment 12 falls under clause 4, which concerns its revision. Clause 3 outlines that it is the responsibility of the Secretary of State to prepare the draft code and, in doing so, must consult the Attorney General. Amendment 11 would place a duty on the Justice Secretary also to consult the Victims’ Commissioner. Amendment 12 would place a duty on the Justice Secretary to consult the Victims’ Commissioner on any future revision of the code. These are the first of several amendments I have tabled to strengthen the powers and authority of the Victims’ Commissioner.”