Opinion

Allison Morris: Westminster move to extend domestic abuse legislation is welcome step forward

Allison Morris
Allison Morris Allison Morris

On Tuesday morning, I woke to the news that Westminster legislation to protect domestic abuse victims is to be extended to Northern Ireland.

Positive that it’s finally happening, sad that it is needed at all.

The move is thanks to lobbying from people like former justice minister and independent MLA Claire Sugden.

Domestic abuse is something people in Northern Ireland still don’t like talking about and therefore many simply do not understand the impact it has, not just on the person being abused but also the children who grow up in an abusive and controlling home.

Coercive control laws came into effect in the south on January 1 of this year.

In England and Wales there have been around 240 successful convictions of men and women since the law was introduced in 2015 but over 7,000 arrests under the legislation.

The low conviction rate shows that legislation alone is not effective unless it comes with training and understanding, both by police and the prosecution service.

Coercive control involves humiliation or intimidation, making the victim subordinate or dependent by cutting them off from friends and family and controlling their finances or by threatening them with consequences if they don’t comply.

Not all controlling relationships involve violence but all violent relationships involve controlling behaviour.

Women and their children are most at risk when they try to leave an abusive relationship which can often result in an escalation of stalking, violence and even death.

Derry based District Judge Barney McElholm said the change would allow authorities to "interrupt perpetrators' behaviour at a much earlier stage".

Mr McElholm, who has campaigned for domestic abuse victims, said the damage caused by a controlling partner can be devastating. And he should know as he has presided over hundreds if not thousands of cases over the years.

"Even without violence, the sheer dominance of one person over another is not something we can accept in society, it's wrong, it's unfair, and it's damaging for children to grow up in such an environment," he said.

Department of Justice Permanent Secretary Peter May also welcomed the move. His department has continued to work tirelessly on a number of consultations and pushed for progressive change.

We often don’t give civil servants much credit but as a crime and security reporter I can see positive change in this field, even without a minister in post.

And so, for those victims who have not just been physically assaulted but suffered years of living in fear of the consequences of trying to leave this move should provide at least a hint of hope.

Theresa May is said to have wanted the bill passed before she left Downing Street, unconvinced that either of the men set to replace her would have prioritised the legislation.

In recent weeks we’ve seen Westminster move to legislate for same-sex marriage and abortion reform.

Is this an acceptance by MPs that devolution is not going to be restored anytime soon?

Regardless of the motivation the move to bring Northern Ireland in line with the rest of these islands in terms of protective legislation is to be welcomed.

However, this has also been used to point to the failure of ten years of relatively unbroken government to implement laws to protect rights and those at risk.

And while there is a reluctance to use the phrase ‘direct rule’ due to the significance of this form of government in the past, I fully welcome the proactive moves by Westminster MPs to help protect people in a part of world where few of them are fishing for votes.

While devolution is always preferable, how long are people expected to wait?

Even if we had an assembly tomorrow where are the guarantees that the DUP wouldn’t try and collect support from other likeminded unionists to block change with a petition of concern?

That more has been achieved without Stormont than with it is a damning indictment, but that does not mean that a future assembly with proper resilience and accountability mechanisms built in cannot provide the government future generations deserve.

The reality of the matter is until the resolution of the Tory leadership and of Brexit and with Westminster set to legislate for outstanding issues in Northern Ireland, there is little pressure to rush back up to parliament buildings.

As we see movement at breakneck speed to legislate in London for Northern Ireland, that may be no bad thing.