Domestic Abuse Bill — New Clause 22 — Immigration — Victims of Domestic Abuse — Right to Rent — Access to Benefits — 6 Jul 2020 at 21:00

The majority of MPs voted against enabling victims of domestic abuse to access benefits and rent and rent a home irrespective of their immigration status.

MPs were considering the Domestic Abuse Bill.[1]

The proposed new clause rejected in this vote was titled: Recourse to public funds for domestic abuse survivors and began:

  • (1) The Immigration Acts are amended as follows.
  • (2) In section 115 of the Immigration and Asylum Act 1999 after subsection (10) insert—
  • “(11) This section does not apply to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020.”
  • (3) In paragraph 2(1) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 after sub-paragraph (b) insert—
  • “(ba) to a person who is a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020, or”.
  • (4) In section 21 of the Immigration Act 2014 at the end of subsection (3) insert “or if P is a victim of domestic abuse”.
  • (5) In section 3 of the Immigration Act 1971 after subsection (1) insert—
  • “(1A) The Secretary of State may not make or maintain a condition under subsection (1)(c)(ii) on leave granted to a victim of domestic abuse in the United Kingdom who provides evidence in one or more of the forms set out in section [Recourse to public funds for domestic abuse survivors] of the Domestic Abuse Act 2020; and it is not a breach of the immigration laws or rules for such a victim to have recourse to public funds.”
  • (6) For the purposes of this section, evidence that a person is a victim of domestic abuse may consist of one or more of the following—
  • (a) a relevant conviction, police caution or protection notice;
  • (b) a relevant court order (including without notice, ex parte, interim or final orders), including a non-molestation undertaking or order, occupation order, domestic abuse protection order, forced marriage protection order or other protective injunction;
  • (c) evidence of relevant criminal proceedings for an offence concerning domestic violence or a police report confirming attendance at an incident resulting from domestic abuse;
  • (d) evidence that a victim has been referred to a multi-agency risk assessment conference;
  • (e) a finding of fact in the family courts of domestic abuse;
  • (f) a medical report from a doctor at a UK hospital confirming injuries or a condition consistent with being a victim of domestic abuse;
  • (g) a letter from a General Medical Council registered general practitioner confirming that he or she is satisfied on the basis of an examination that a person had injuries or a condition consistent with those of a victim of domestic abuse;
  • (h) an undertaking given to a court by the alleged perpetrator of domestic abuse that he or she will not approach the applicant who is the victim of the abuse;
  • (i) a letter from a social services department confirming its involvement in providing services to a person in respect of allegations of domestic abuse;
  • (j) a letter of support or a report from a domestic abuse support organisation; or
  • (k) other evidence of domestic abuse, including from a counsellor, midwife, school, witness or the victim.
  • (7) For the purposes of this section—
  • “domestic abuse” has the same meaning as in section 1 of the Domestic Abuse Act 2020;
  • “victim” includes the dependent child of a person who is a victim of domestic abuse.
  • (8) Within 12 months of this Act being passed, the Secretary of State must commission a review into the operation of the provisions in this section.
  • (9) The Secretary of State must lay before Parliament a report setting out the findings of the review.”

An explanatory statement from the proposer of the rejected new clause stated:

  • This new clause seeks to ensure that certain provisions under the Immigration Acts – including exclusion from public funds, certain types of support and assistance and the right to rent – do not apply to survivors of domestic abuse. There will be a review into the operation of this provision.

It appears this proposed new clause was intended to operate with other amendments.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What are Boths? An MP can vote both aye and no in the same division. The boths page explains this.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (No)Minority (Aye)BothTurnout
Alliance0 10100.0%
Con331 (+2 tell) 0091.2%
DUP0 80100.0%
Green0 10100.0%
Lab0 181 (+2 tell)090.6%
LDem0 110100.0%
PC0 30100.0%
SDLP0 20100.0%
Total:331 207091.4%

Rebel Voters - sorted by vote

MPs for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible MP who could have voted in this division

Sort by: Name | Constituency | Party | Vote

NameConstituencyPartyVote
no rebellions

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