British stalkers and abusers rejoice: Life will get easier in Europe after Brexit

Government Campaign Poster on Domestic Abuse

Imagine you are being pursued by a stalker or an abusive ex. You get a court order or an injunction to stop them pursuing you. You decide to take a break to get out of the country and away from it all . Your abuser follows you abroad and starts to pester you. You call the local police.

If that happened now a European directive would allow you immediately to invoke the order in 27 countries and the person would be arrested and would likely end up in jail.

But from January 1 the order you obtained from a British court will no longer be recognised and you will have to start from scratch if you want your abuser to be stopped. And the change is coming just as good legislation under the Domestic Abuse Bill will give courts new powers to stop abusers – mainly but not exclusively men – harassing you on pain of being jailed.

Details of this state of affairs has come to light in an obscure report to the Commons European Scrutiny Committee. The issue was thought to be so minor that neither the EU nor the UK thought it worth even discussing in their negotiations – which shows you how low down the agenda domestic abuse is for top officials.

Victims Right Directive

The directive – known as the Victims Rights Directive -allowed any UK court order including restraining and stalking orders to be automatically applicable in the 27 EU countries, including when a person was on holiday there, without having to resort to separate civil action.

It has actually taken a committed Brexiteer – Bill Cash as chair of the committee – to raise the issue at all.

He writes in a report:

“From 1 January 2021, it will no longer be possible for orders made by UK courts to safeguard an individual against a criminal act that may endanger their life, physical, psychological or sexual integrity, dignity or personal liberty to be recognised and enforced in a foreign jurisdiction if that individual moves (even temporarily) to an EU Member State.”

Domestic Abuse Bill

 Her added: “There will no longer be a relatively simple mechanism for ensuring, for example, that the domestic abuse protection orders envisaged in the Domestic Abuse Bill will be recognised and enforced within the EU.”

The junior minister in the Justice department, Alex Chalk, also confirmed this.

“There is “no comparable fallback option” after transition as the European Protection Order is “a unique European Union law-based mechanism”. As a consequence, “an individual seeking a protective order after transition will need to secure a domestic (civil) protection order from the EU Member State that they are visiting.”

Frankly it seems extraordinary that this issue has been overlooked. As it is this measure is very simple – allowing British law to be extended to 27 countries to protect British citizens. Yet we are throwing this away on January 1 for the sake of ideology. I have written about this measure for Byline Times earlier this month.

There is a glimmer of hope that the matter could be taken up by the Women and Equalities Committee in Parliament or the Joint Committee on Human Rights. But sadly there is very little time to do anything about it. Ministers have promised to include the provision in domestic law – so people will have to have a staycation to stay safe.

Unreported by the national media: How some bosses can help if you are one of 2 million people enduring domestic abuse

Elizabeth Filkin

Elizabeth Filkin: chair of the steering group of the Employers Initiative on Domestic Abuse

CROSS POSTED ON BYLINE.COM

This week the BBC hosted an extraordinary conference on how business and public employers can act to help employees if they are suffering the living hell of domestic abuse.

The conference attracted big names. Lord Hall, director general of BBC; Cressida Dick, Metropolitan Police Commissioner; Amber Rudd, the home secretary (by video); Ben Page, chief executive of ipsos MORI;Lieutenant General Richard Nugee, Chief of Defence People;Victoria Atkins,Home Office minister for crime and directors from accountancy giant, Grant Thornton, and Vodafone, the mobile phone provider.

It also was addressed by a remarkably brave woman,Serena, who told her story of both child sexual abuse and an adult abusive relationship, which led her unsympathetic employer to sack her and the actor and series producer of TV drama Holby City, whose story line included an abusive gay relationship which ended up with one partner being beaten up.

The event was organised by an organisation you have probably never heard of – the Employers’ Initiative  on Domestic Abuse – run by Elizabeth Filkin, a no nonsense figure who as Parliamentary Commissioner for Standards once took on Peter Mandelson and Keith Vaz over allegations of bad behaviour..

People might think what has business got to do with people’s personal lives – but what was noticeable was the firms that are backing the initiative had got involved after a traumatic event involving their staff.

Cressida Dick told the extraordinary story of how a very competent senior police officer in the Met rang her own switchboard to report that she was  a victim of domestic abuse. The police commissioner read out her testimony and described how she , though finding it an extremely difficult thing to do, is now coping with it

Another  big accountancy firm became involved after an employee jumped off London Bridge and committed suicide because they couldn’t cope with domestic abuse.

And a person attending from a hotel group told me they got involved after a young man attending a function was sexually abused when sleeping off the effects of too much alcohol on their premises. He went to the police, they decided they should join an organisation that dealt with abuse.

The BBC’s involvement comes some 18 months after the shock of the Jimmy Savile scandal – and ironically the conference was held in the same room where Tony Hall pledged to take action in the wake of Dame Janet Smith’s devastating findings on the issue.

Ad the Ministry of Defence actually tackles predators as well both those serving in the forces and those in the families of serving officers.

But they are the good ones. Ben Page told the conference that HR departments ” talked the good talk ” but often didn’t take any action or did not know how to to take action. Only one in twenty medium and large companies have a policy to deal with domestic abuse.

He described the present situation as akin to the position on mental health – which had been ignored by firms but was now accepted as an issue. He was an optimist saying ” In 10 years time all the misogynists will be dead ” – a point challenged by Jess Phillips, Labour MP for Yardley, who takes up domestic abuse issues, and is regularly trolled by people on the net.

Probably his most interesting admission was as chief executive of an organisation employing 1400 he did not know or had never come across a case of domestic abuse among his staff. He admitted that could not be the case.

His report makes a number of recommendations which could be included in the government’s new Domestic Violence and Abuse Bill- including removing the minimum qualifying period for domestic abuse victims to get flexible working and introducing  ten days paid leave a year for domestic abuse victims. The latter, he admitted, would lead to protests from the Tory right. I can just imagine MPs like the nappy change refusnik Jacob Rees Mogg having apoplexy.

The government is obviously keen on employers sharing responsibility. But below the surface there are huge issues of resources, the fate of women refuges, austerity, pressure on local authorities and the police and social services to handle this huge problem.

I shall return to some  of these issues in future blogs. But one point needs to be made. This conference was covered by none of the national media – not even the BBC who hosted it. Only The Telegraph and ITN did show some interest. And that is despite energetic efforts made by conference  organisers.

There is an interesting parallel. In the media industry – only the BBC and ITN – have  signed up  to the group which now numbers over 150 companies who are trying to help victims of domestic abuse.

So the entire national  and regional press and the major social media sites believe there is no problem with domestic abuse among their thousands of employees. A likely story. No wonder they didn’t cover it.