Finance strategies for adaptation. Presentation for CANCC
Annual Conference B7: A new political agenda? How can charities influence policies in a snap election campaign and beyond? | NCVO
1. A NEW POLITICAL AGENDA? HOW
CAN CHARITIES INFLUENCE
POLICIES IN A SNAP ELECTION
CAMPAIGN AND BEYOND?
Dinner
sponsors:
Media
partner:
Partner
sponsor:
CHAIR
CHRIS WALKER
SENIOR EXTERNAL RELATIONS OFFICER, NCVO
SPEAKERS
ED DAVIES
POLICY DIRECTOR, CENTRE FOR SOCIAL JUSTICE
JOE OWEN
RESEARCHER, INSTITUTE FOR GOVERNMENT
LUCY HADLEY
CAMPAIGNS AND PUBLIC AFFAIRS
OFFICER, WOMEN'S AID
14. Member States
Operating model Resourcing Parliament
Justic
e
Home
Affairs
BusinessAgriTreasury
Justice, Security, Mig
Market access
Leg. Prog.
Coordination
Analysis
Trade policy
EU budget
EU Exit & Trade
Coordinating Whitehall
Exitin
g the
EU
22. Operating model Resourcing Parliament
The Great Repeal Bill
1. Repeal the European
Communities Act
2. Put all European Law and
Regulations into UK Law
3. Give Government power
to amend the laws that
don’t work
The Great Immigration Bill
The Great Customs Bill
The Great Agriculture Bill
The Great Fisheries Bill
The Great [INSERT HERE] Bill
10 – 15 new Bills
Avoiding the Cliff Edge Building Post Brexit Britain
23. Operating model Resourcing Parliament
Article
50
Parliament vote
Negotiations
“the same access
as MEPs”
Select
Committees
Ratification
Vote
“Great Repeal” Bill Post-Brexit Bills?
32. A new political agenda
How can charities influence policies in a
snap election campaign and beyond?
Lucy Hadley, Campaigns & Public Affairs Officer
NCVO Annual Conference, 20 April 2017
@womensaid
33. • Women’s Aid
• Domestic abuse & violence against women and girls
• Impact of leaving the EU
• Case studies – influencing a new political agenda:
1. The Brexit agenda
2. Beyond Brexit - cross-examination of survivors of domestic abuse
• Lessons
34. Women’s Aid
• Women’s Aid is the national charity in England for women and children
working to end domestic abuse.
• Federation of over 220 member organisations, who provide more than
300 local lifesaving services to women and children - including
refuges, counselling, local helplines, children’s support, perpetrator
programmes and specific support for BME women.
• Provide direct services – including National Domestic Violence
Helpline & training for police & other professionals.
• We empower survivors of domestic abuse by keeping their voices at
the heart of our work, listening and responding to their needs.
• Research, policy & campaigns on the issues that matter to survivors &
domestic abuse services.
35. Domestic abuse
Cross-government definition of domestic violence and
abuse is:
any incident or pattern of incidents of controlling, coercive, threatening
behaviour, violence or abuse between those aged 16 or over who are, or
have been, intimate partners or family members regardless of gender or
sexuality. The abuse can encompass, but is not limited to:
•Psychological abuse
•Physical abuse
•Sexual abuse
•Financial abuse
•Emotional abuse
36. Violence against women & girls
Domestic violence and abuse (intimate partner violence) exists as part
of violence against women and girls:
• This violence is both cause and consequence of women’s
inequality in society.
• Prevalence of violence & abuse in the lives of women and girls is
huge – one in three women worldwide are affected.
• Devastating impact on women and their children – and massive
social and economic costs, estimated £23billion annually.
37. Many policy priorities…
Prevention and relationships and sex education (RSE)
Housing and homelessness
Impact of welfare reforms
Commissioning & funding for services
Mental health and ‘complex needs’
Immigration and No Recourse to Public Funds
Coercive control
Online abuse &image based sexual abuse ('revenge porn‘)
Legal aid
Police response to domestic abuse
Restorative justice
Anonymity for rape victims
The Istanbul Convention…
38. Impact of leaving the EU
1. Legislation – human rights, gender
equality, crime & justice, EPO immigration,
social security and employment, online
safety…
2. Funding – direct EU grant funding,
commissioning & procurement
3. Research and Evidence - pan-
European research funding, collaboration,
evidence collection and best practice sharing on
VAWG and domestic abuse
4. Political priorities & commitment
43. Article 50 Bill
Harriet Harman MP
Before issuing any notification under Article 50(2) of the Treaty on European
Union the Prime Minister shall give an undertaking to have regard to the
public interest during negotiations for the UK’s withdrawal from the
European Union in—
(a) maintaining employment rights and protections derived from EU legislation,
(b) ensuring that EU co-operation to end violence against women and girls, to
tackle female genital mutilation and to end human trafficking will continue
unaffected,
(c) the desirability of continuing to recognise restraining orders placed on abusive
partners in EU Member States in the UK and restraining orders placed on abusive
partners in the UK across the EU, and
(d) establishing a cross-departmental working group to assess and make
recommendations for developing legislation on equality and access to justice.
44. “In Birmingham, four women have been murdered in the past year, with
another woman found dead in my constituency only last week. The European
protection order ensures that women who have suffered domestic violence
are protected from the perpetrators if they travel or move anywhere in the
EU.
(…) On 4 February 2016, history was made in the Hammersmith specialist
domestic abuse court when the first European protection order in England
and Wales was imposed. In this case the survivor had returned to Sweden. A
restraining order and an EPO were granted so that she is protected in the UK
as well as in Sweden. It is generally accepted that the UK will want to
continue with certain parts of EU policing, justice and co-operation, and it is
essential that the UK is able to opt into the EPO agreement following Brexit.
(….)Will ending violence against women and girls and, in particular, the UK’s
continued use of the EPO be a priority for the Government during and after
the Brexit negotiations?”
Jess Phillips MP, Report Stage Debate of the European Union (Notification of
Withdrawal) Bill, 8 February 2017
45. 2. Beyond Brexit
Influencing the Domestic Agenda We are calling for the
Government,
all family courts
professionals, and
involved agencies to
make the family court
process safer for
women and children
survivors of domestic
abuse.
Child First: Safe Child Contact Saves Lives Campaign
Long term aim: end avoidable child deaths as a result of unsafe
child contact with a known perpetrator of domestic abuse.
Priorities:
• Implementation of the legal framework to protect children’s
safety & wellbeing – Practice Direction 12J
• Training for judges and statutory agencies in domestic abuse &
coercive control & the impact on children
• Special measures to protect survivors’ safety in the family
courts
• Ending cross examination of survivors by their abusers within
the family court
46. Cross-examination
Re-traumatising impact of family court
proceedings
25% of the survivors we surveyed in 2015 had faced
cross-examination by abusive former partners.
Shining a light on the issue
• APPG on Domestic Violence Report
• PQs, meeting with MPs & Peers, Ministers
• Parliamentary Debate in September
• Media interest
“I did not know that a convicted criminal could represent himself and cross-examine
the victims of his crimes over and over again by using the family courts. Why is it
that so few people I talk to have the faintest idea this is going on daily in the British
legal system?
One constituent I am in regular contact with has been cross-examined by her
former partner on three separate occasions. The man who beat her, broke her
bones, battered her unconscious and hospitalised her, and who was convicted for
his crimes” Peter Kyle MP
50. Lessons
Human stories and political commitment
Clear about aim – what is your issue? Who is
affected and how? What will be impact of taking
action?
Variety of methods to highlight issue – using all
forms of parliamentary campaigning
Coalition for campaign – MPs, survivors, judiciary,
lawyers, other campaigning groups
Agile to changing circumstances – but remember
the narrative & framing
Celebrate success!
Women’s Aid is the national charity in England for women and children working to end domestic abuse.
Federation of over 220 member organisations, who provide more than 300 local lifesaving services to women and children - including refuges, counselling, local helplines, children’s support, perpetrator programmes and specific support for BME women.
Provide direct services – including National Domestic Violence Helpline, training in domestic violence and coercive control for police & other professionals, education and public awareness – including lots of online resources, such as lovedontfeelbad / the hideout for children and young people.
We empower survivors of domestic abuse by keeping their voices at the heart of our work, listening and responding to their needs.
This includes significant research , policy and campaigning work on the issues that matter to with survivors and services of domestic abuse.
The Government define domestic violence and abuse as any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality. This can encompass, but is not limited to, psychological, physical, emotional, financial and sexual forms of abuse.
Women’s Aid campaigned to make ‘coercive and controlling behaviour’ a specific criminal offence – addressing a gap in the legislation (as this behaviour was criminalised under stalking legislation , after the relationship had ended - and the public response to DVA. For too long the police, justice system and other agencies have focused on the risks of physical abuse – and individual incidents of violence.
The reality of coercive control is the everyday lived experience, not the isolated incidents. It’s about a pattern of control, monitoring and surveillance, restricting the woman’s freedom, isolating her from friends and family. It has huge and long-lasting psychological impacts. 95% of women using a specialist domestic abuse services have experienced coercive control – it’s at the heart of domestic abuse, which is why Serious Crime Act 2015 was so important.
It is estimated that 35 per cent of women worldwide have experienced either physical and/or sexual intimate partner violence or sexual violence by a non-partner at some point in their lives. However, some national studies show that up to 70 per cent of women have experienced physical and/or sexual violence from an intimate partner in their lifetime - See more at: http://www.unwomen.org/en/what-we-do/ending-violence-against-women/facts-and-figures#sthash.OiFW6Hh9.dpuf
One massive issue – many policy priorities! All of importance when thinking about GE / New Govt etc.
So when thinking about how to influence a new political agenda – such as Brexit – first important to know how it could impact that list of policy priorities and issues. Same goes for GE…
After attending NCVO conference, over summer last year we looked at the potential range of impacts – and opportunities - that leaving the EU could have on the wide range of policy areas and priorities that we work on, and that impact survivors & services.
Found that these came under 4 broad areas:
Legislation – on whole range of issues, from human rights and the impact of leaving the EU Charter, to specific protective measures in area of freedom, security and justice, such as the EPO.
Funding – risk of direct losses to services as well, but potential in clarifying procurement and commissioning rules in LAs.
Research and evidence – best practice, data collection and R&E on all aspects of VAWG
Political priorities – EU Commission, EU Council, European Parliament have all driven leadership and commitment on this issues. Risks?
Work really established that there are many known unknowns! And you could probably come up with a very similar list for a new Government / GE.
A lot of the expected impacts and opportunities will depend on outcome of negotiations – e.g. impact on immigration depends on the negotiations. If the UK remains part of the single market and subject to free movement law, little may change. But if the Government negotiates a different settlement, even stricter restrictions on residency and access to services for European survivors of domestic abuse living in the UK could be imposed– such as further restrictions to their entitlements to social housing, healthcare
and welfare benefits.
Put what is clear is that women’s rights and voices must be central as the UK leaves the EU – to ensure that DVA and VAWG continue to be the government’s priority. That will be our message for GE too.
So as you can imagine we were not all too pleased to see this!
So our case study for influencing the Brexit agenda is not about 1 specific policy or measure, but really about ensuring survivors voices are heard within this process and not lost within this agenda.
What have we done? As well as the classic stakeholder mapping…
Wanted to clarify some policy positions – APPG on DV meeting an important informal vehicle to do this. Can’t really with the GE!
Meeting with Slyvia Walby, Sam from Fawcett, Jackie Jones, Women’s Aid.
Recommendations, letters to Ministers, received a reply.
Importantly many members of APPG on DV are also members of W&E Select Committee – who started inquiry….
Recommendations in line with our briefing:
Ensure that there will be no going backwards on current levels of equality protections
Amend the Equality Act 2010 to empower Parliament and the Courts to declare whether new laws are compatible with equality principles.
Platform for civil society expertise
Protect research and equality initatives
Harriet Harman MP’s amendment – supported by 64 MPs.
Pressure on government to ensure these issues are in focus during the negotiations process.
Traction? Limited….. Government response was that these will be focus of white paper. They don’t seem to be included yet! Includes organised crime and terrorism
But our sense is that if we didn’t do this – who would? Women’s sector very small, don’t have the capacity – it’s hard for us to stay on top of the Brexit agenda, and we have people working directly on campaigns and public affairs…. So as well as the collective work led by NCVO on this, it is really important to use the strong relationships we already have in parliament to raise these issues – rather than aiming to make new ones…don’t’ have time!
Why is it important? I think this quote emphasises why we need to keep these voices and impacts centre stage…
Child First Campaign on Safe Child Contact & Domestic abuse – Launched January 2016.
The number one issue that survivors wanted WA to campaign on – experiences of them and their children in the family court and child arrangement procedures.
Campaign launched with research Nineteen Child Homicides. This report details the cases of nineteen children, all intentionally killed by a parent who was also a known perpetrator of domestic abuse over a ten year period from 2005 – 2015. These killings were made possible by unsafe formal and informal child contact arrangements.
This is not a party political issue (though has been exacerbated with certain austerity measures e.g. legal aid) there are ingrained and systemic problems with the way in which child contact proceedings and family court works for DA.
Long term aim was ambitious and far reaching - to end avoidable child deaths as a result of unsafe child contact with a known perpetrator of domestic abuse . As we all know it’s critical to have some achievable priorities, that we have built awareness and support for through a number of political avenues:
Full implementation of PD12J – the legal framework to protect children’s safety and wellbeing in cases of domestic abuse- we’ve had this updated. But for it to be implemented…
Training for judges and statutory agencies in domestic abuse / CC and impact on children – started to work with JC on this, but a long way off it being a reality.
Special measures to protect survivors’ safety in the family courts - increased awareness of this and we are now included in MoJ / HMCTS Court Reform programme
Ending cross-examination of survivors of domestic abuse – what I want to focus on, as this has been biggest campaigning success – we’ve secured change to the law!
Violent and abusive men, often with criminal convictions or restraining orders, are able to cross examine their victims for hours on end.
Survivors are frequently re-traumatised by the family court process -and 25% of the survivors we surveyed in 2015 had faced cross-examination by abusive former partners.
This is banned and illegal in the criminal court – but not in the family court . Due to changes in legal aid since 2012 it has become increasingly common for parties to be unrepresented by a lawyer in family proceedings, leading to a situation where they can cross examine each other.
Not an issue on the radar – no data collected, little understanding of closed family court process. Shining a light:
APPG recommendations report
Numerous PQs, meetings with MPs & Peers, Ministers
Major Parliamentary debate in Sept…very powerful speeches from MPs about experiences of constituents and WA research. this sparked….
Major Guardian Investigation – we gave journo WA survivors & Child First campaigners.
President of Family Division had already called for change – momentum for change.
Result! Just finished going through Committee. Not everything we wanted - the ban will routinely apply when the alleged perpetrator has already been convicted or charged for a domestic, sexual and child abuse offence - or where a victim has an injunction. Implementation of the ban in “other cases” will rely on judicial discretion – which is a risk…
Can see the impact of Brexit here, Minister trying to push through changes before QS to ensure they are passed before Parliament becomes log-jammed with Brexit.
Voices and bravery of survivors, some of whom were in contempt of court for speaking out but did so because of this horrendous experience.
A clear ask – no ifs, no buts, a ban on cross examination. Very clear and easily explained and has helped to build loud clamour for change – cross-party and from independent judiciary, as well as media.
Importance of political commitment – Caroline Nokes in Justice, Phillip Lee, Oliver Heald. Wider political agenda –DVA is on PM’s agenda and we have continued to use this in all dialogue with Ministers / Civil Servants etc. Really important to use such leverage to keep issues on agenda during GE time.
In over a year we have secured result. Persistence and staying on message!
Key lessons for campaigning – very much what we know already….
Human stories –. Hugely powerful and secured political commitment for change.
Clear about aim – what is your issue? Who is affected and how? What will be impact of taking action? This was a human issue and something that the Govt can do with not a great deal of resource, without Brexit.
Variety of methods to highlight issue – parliament & media
Coalition for campaign – MPs, survivors, judiciary, lawyers, other campaigning groups
Agile to changing circumstances – but remember the narrative & framing. Stay on track - it’s not a quick fix it takes time!
Celebrate success!
When applying this to Brexit agenda or GE,this is all a lot harder. At the moment we campaigning on a mass of known unknowns… we don’t know what the timeframes for dissolution / purdah etc are, what the negotiations will result in, what impact this will have, what a new govt’s priorities and decisions will be and how it will affect the survivors and services we represent. So it’s hard – but even more important - to get a clear aim or clear narrative and stick to it!
I think the most we can do is highlight the risk and focus on the need to listen to the voices of the marginalised and often unheard. Critical to keep them at the forefront of the Government’s mind throughout the whole process. In that regard I think coalition is the most important tool we have – we can be a loud and united voice in the charity sector!