UK Parliament / Open data

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Bill

I am glad that my hon. Friend has been satisfied by the Minister’s response.

One reason that I have been interested in the subject for a long time is that I was present at the Standing Committee of the Parliamentary Assembly of the Council of Europe when this convention was first discussed. I remember vividly the representations that were made to me and my hon. Friend, the then Member for North Dorset, explaining that the United Kingdom Government really wanted the Parliamentary Assembly of the Council of Europe to pass an amendment to the draft convention—as it then was—to enable a signatory party to the convention to have a reservation in respect of extraterritorial jurisdiction.

The Foreign Office representative who lobbied us in Paris on that occasion— unfortunately, only half an hour before the decisions were to be taken—expected us to persuade everybody to accept an amendment from the United Kingdom Government at very short notice. The Government, through their Foreign Office representative, were very concerned then about the extraterritorial application of the convention, which is why they wanted to allow a participant party to have a reservation. In the end, the convention went through without that power being granted. Everybody who is suspicious about the length of time it is taking for the Government to get their act together on the issue needs to bear in mind that background—that in 2011, on the basis of a convention that had been negotiated by the previous Labour Government, the Government were concerned about the issue of extraterritorial application. We have not heard, even at this very late stage, anything from the Government precisely about what measures need to be brought in to satisfy those requirements before the convention can be ratified. It seems to me that we are owed something from the Government on that because the hon. Member for Banff and Buchan and others have been pressing them to come up with a list of what is required.

Even the hon. Member for Rotherham (Sarah Champion), in her short contribution from the Opposition Front Bench, asked the Minister whether the forthcoming legislation on domestic violence, to which the Minister referred, would incorporate the necessary legislative requirements to enable the ratification of the Istanbul convention, but my hon. Friend—I do not think she is listening, which is a pity—was not even able to respond. That must surely cast doubt on how long it will be before the convention is actually ratified.

One of the Government amendments says that the Government do not want clause 2 implemented before clause 3. Therefore, no report may well have been made under clause 2 by the time we reach 1 November 2017 and the report on progress under clause 3. That seems to show an acceptance by the Government that they will not be in a position to ratify the convention for some considerable time. The strong feeling on both sides of the House is that people want the convention ratified, but the Government seem to be wriggling about when and how they will achieve that.

I have tabled a number of amendments and new clauses. I think I have a commitment from the Minister, in so far as one can tell, that when the convention is ratified, it will not be ratified with any reservations, and I am grateful to her for that. However, I still fear that the impression being given to the world outside is that we are passing today a Bill that will require the United Kingdom to ratify the Council of Europe convention, when, in fact, it does no such thing, and that needs to be made absolutely clear.

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Finally, I referred earlier to the explanation given by the Government for amendment 4, but my hon. Friend has not answered that point at all. Why is it necessary for the Secretary of State, rather than Her Majesty’s Government, to determine that the United Kingdom is compliant with the Istanbul convention? I can understand why the Secretary of State should be required to make a statement to each House on the issue, but I do not understand why the Secretary of State, rather than the whole Government, should determine whether the United Kingdom is compliant with the convention. My hon. Friend has not responded to that point; if the Bill progresses to the other place, I hope the Government will respond to it at that stage, because the situation is most unsatisfactory. It is also most unsatisfactory that the explanatory note given by the Government in support of their amendment is inaccurate in such a major respect.

Type
Proceeding contribution
Reference
621 cc1326-7 
Session
2016-17
Chamber / Committee
House of Commons chamber
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