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MPs urge government to redraft new domestic abuse bill so it protects victims in Northern Ireland

‘The UK risks protections for vulnerable people for the sake of party political gain,’ says Stella Creasy 

Maya Oppenheim
Women’s Correspondent
Monday 18 February 2019 21:17 GMT
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Labour MP Stella Creasy says the government chose to restrict the legislation in order to sidestep 'upsetting the DUP'
Labour MP Stella Creasy says the government chose to restrict the legislation in order to sidestep 'upsetting the DUP' (Rex)

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MPs’ from a range of political parties, campaigners and academics are calling for the government to extend the new landmark Domestic Abuse Bill to Northern Ireland.

The draft legislation introduces the first ever statutory definition of domestic abuse to include economic abuse and controlling and manipulative behaviour that is not physical.

But the bill will not apply to Northern Ireland – as well as excluding migrant women.

Labour MP Stella Creasy, who has written a letter to the Joint Committee on Human Rights (JCHR), which has been signed by over 70 organisations and individuals, said the government had chosen to restrict the legislation in order to avoid “upsetting the Democratic Unionist Party (DUP)”.

“But the consequences affect how we address domestic violence across the whole of the UK,” she added. “Without change the UK risks reneging on human rights obligations to treat women equally – whether migrant women or those in Northern Ireland are denied their basic rights.”

There had been plans for an amendment to the domestic abuse bill, with the aim of liberalising abortion laws in Northern Ireland, which has a ban on abortions in almost all cases – even rape or incest. However, the bill was published with provisions only for England and Wales.

Sarah Mason, CEO, Women’s Aid Federation Northern Ireland, said: "Victims of domestic violence and stalking in Northern Ireland have been left behind while the rest of the UK continues to progress. We don't have law to protect victims of coercive controlling behaviour. We don't have a stalking law. And for the last two years, we haven't had a government in Northern Ireland to close those gaps by passing new laws here."

She said victims of domestic violence and stalking need the protections to be put in place as quickly as possible - adding the Domestic Abuse Bill "may be our best chance of making that a reality".

Ms Creasy said: “That such a coalition of organisations and cross-party parliamentarians has come together reveals how worried so many of us are that the UK risks protections for vulnerable people for the sake of party political gain.

“This short-sighted decision must be reversed so that parliament can consider legislation that protects the rights of every woman everywhere in the UK and complies with the Istanbul Convention on human rights.”

Ms Creasy’s letter states the bill risks breaching the Istanbul Convention due to not including any specific protections for migrant women. It calls for the government to amend it so it conforms to the pan-European convention.

The convention is the most comprehensive legal framework that exists to tackle violence against women and girls, covering domestic violence, rape, sexual assault, female genital mutilation, so-called honour-based violence and forced marriage.

Former prime minister David Cameron signed the convention in 2012 but it still has not been ratified – meaning it is currently in limbo and the UK is not legally bound to follow it. The UK is one of the last EU members – along with Bulgaria, Hungary and a handful of others – to ratify the convention. Turkey, Albania, Serbia and Romania are among the 33 countries which have ratified it.

“Migrant women in abusive relationships are currently trapped and further victimised by their immigration status – excluded from financial support which often makes them reliant on their abuser and threatened with deportation should they seek support from the police,” Amnesty UK’s director Kate Allen said.

While guidance is already in place for police forces to support domestic violence victims, they often share data with the Home Office. As a result, the victims can be treated as suspects by immigration officials – something the new legislation fails to address by ensuring they could access support services like refuges.

Instead, the government suggests some victims of domestic abuse “may be best served by returning to their country of origin and, where it is available, to the support of their family and friends”.

Women’s Aid Federation Northern Ireland, Amnesty International, Liberty, End Violence Against Women Coalition, Southall Black Sisters, Latin American Women’s Rights Service and campaigners like Mary Beard are among those who have signed the letter. The JCHR will be scrutinising the bill ahead of its introduction into parliament later this year.

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