6. Debate on the Equality and Social Justice Committee Report — 'Gender based violence: The needs of migrant women'

Part of the debate – in the Senedd at 4:47 pm on 14 December 2022.

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Photo of Sarah Murphy Sarah Murphy Labour 4:47, 14 December 2022

I'd like to thank the Welsh Government for its response and my colleagues and clerks on the committee for their work, and all the organisations and people who spoke to us and contributed to this report. 'Gender based violence: The needs of migrant women' report looked into many aspects of domestic violence against women and the needs of migrant women, and I am pleased that the Welsh Government has accepted or accepted in principle all of the recommendations.

Many of the recommendations focus on access to services that can enable women to come forward and get help free from shame and judgment, and I would like to use my contribution today to expand on recommendations 10 to 13, which Jenny Rathbone has mentioned, which address the issues around the data that is collected and shared about migrant women who are experiencing VAWDASV, as well as highlight the work of the cross-party group on digital rights and democracy in Wales that has recently held a further panel discussion to explore this.

Recommendation 12 calls on the Welsh Government, police and local authorities to address concerns around the data sharing and survivors' willingness to seek support. Organisations such as BAWSO and the Equality and Human Rights Commission stated that this fear of data being shared with immigration enforcement and the Home Office was fundamentally stopping victims coming forward. Despite there being no legal duty for the police to share information with immigration enforcement, those working on the ground are telling us that this does happen and this fear is perpetuated amongst communities and used by perpetrators to coerce victims. 

Elizabeth from the Step Up Migrant Women coalition has told recently of a case of a woman experiencing high-risk domestic abuse. The victim was undocumented as part of her abuse. Her caseworker recommended reporting it to the police because of the high risk of the situation. Eight days after they did an online report to the police, she received an immigration enforcement letter. Police officers came to her house, and when they realised that she was undocumented, they called the immigration enforcement in front of her. So, it builds on what Jenny Rathbone was saying before, and it builds on what Sioned Williams was saying as well: I promise you that, if you ask women, they will tell you very many more stories of this happening. 

Recommendation 11 called for the Welsh Government to set out how it plans to ensure that, when collecting data from migrant women, they have a clear understanding of what is happening with their data and how it will inform future decision-making. It is imperative that we empower migrant women to know exactly who is using their data and why. By doing so, we will dismantle that fear associated with the data sharing, making consent a normalised practice for our personal data.

From a different perspective, the cross-party group found that organisations on the ground helping migrant women want to be able to question how and why authorities will use data when it is being requested from them, so this included bodies like Public Health Wales, and this recommendation, accepted by the Welsh Government, could enable them to do that. Prioritising data transparency will empower both the individual and organisations to protect victims from potential data harms and build trust for those who desperately need a safe place to turn to.

Finally, recommendation 13 outlines that the Welsh Government should establish a firewall that restricts the sharing of data between agencies on those who seek support for sexual and gender-based violence. A firewall would essentially put a block on systems used by the police authorities to share the data of victims of domestic abuse with immigration enforcement. The Welsh Government has accepted this in principle, whilst noting that police forces are governed by UK GDPR, and this puts constraints on the powers of the Welsh Government to enforce. But in Holland, the committee heard of a 'safe in, safe out' policy, where migrants with insecure immigration status can come to the police stations and report crime with a certainty that their immigration status won't take precedence or won't be shared with immigration enforcement officers. This is about setting a precedent that victims will be seen as victims and not as criminals for an immigration status. Similar good practice is taking place between the police authorities in north Wales and BAWSO, and I would urge that the Welsh Government takes this into consideration when scoping out nationwide policy, especially as conversations around the devolution of justice and policing continue to take place. Very much what you were saying, Sioned, about the jagged edge, because this is also the visa and immigration and Home Office too.

The committee heard from deputy chief constable Amanda Blakeman that any data sharing should be focused on the safeguarding of the victim, and this could include court protection, accommodation or other safeguarding measures. When data is shared about victims of domestic violence that is not about safeguarding the victim, and that victim has no knowledge of this, it is a failure of the system.

I want to urge that we ensure that no woman is left behind because of this, and that all victims can come forward and find safety. Data, when handled in the correct manner, is a crucial element of supporting victims. However, in a nation of sanctuary, we cannot ignore that migrant women facing domestic abuse continue to be hidden because of the system. We must make sure that they are able to have a voice here in Wales, a voice without fear of those systems and a system that will always see victims of domestic base as victims, no matter the circumstances.

And just to end, I do stand with you, Sioned Williams, in condemning the Tories in Westminster for any way that they try to undermine the human rights legislation. Thank you.