Tuesday 27th April 2021
(2 years, 12 months ago)
Lords ChamberDomestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Amendment Paper: HL Bill 194-I Marshalled list for Consideration of Commons amendments and reason - (27 Apr 2021)
Baroness Williams of Trafford
That this House do not insist on its Amendment 41B to which the Commons have disagreed for their Reason 41C.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, to recap, Amendment 41B seeks to lift the no recourse to public funds condition for migrant victims of domestic abuse until the conclusion of the support for migrant victims scheme. The amendment also provides that, within two months of the scheme’s conclusion, the Secretary of State must consult the domestic abuse commissioner and specialist sector, and publish a strategy for the long-term provision for victims who do not have leave, or have leave subject to the no recourse to public funds condition. I am conscious that after two full debates, in Committee and on Report, along with our consideration last week of the Commons reasons, we are all likely to be well versed in the points that I have highlighted and will highlight now, and those which proponents of Amendment 41B will outline. For that reason, I will try to make my points relatively short.
The right reverend Prelate the Bishop of Gloucester knows how much I respect her, and I share her commitment to providing protection and support for migrant victims of domestic abuse. But I still do not believe that Amendment 41B represents the appropriate course of action. The other place likewise disagreed with this amendment, again on the basis of financial privilege. Waiving the no recourse to public funds condition for 12 months—double the six months provided for in the earlier Amendment 41, which sought an extension to the DDVC—would clearly involve a significant charge on the public purse.
Lord Paddick (LD)
My Lords, I too pay tribute to the right reverend Prelate for championing this issue.
Again, I will boil this down to its essence. The refusal of the Government to offer equal protection to all victims of domestic abuse, whatever their status, which is the effect of their rejection of the Lords amendment, is a clear breach of the Istanbul convention. As I said when we considered these matters last time, this Government cannot claim that this is a landmark Bill when they continue to treat those with irregular immigration status less favourably. These are some of the most vulnerable victims of domestic abuse.
We are unable to take this matter further today, but the Government cannot avoid ratifying the Istanbul convention much longer without serious reputational damage.
Baroness Williams of Trafford (Con)
My Lords, I thank noble Lords who have taken part in this debate and pay tribute to the right reverend Prelate the Bishop of Gloucester for her work on this Bill. I hope I have made it clear throughout the passage of the Bill, including in my introductory remarks today, that people—women mostly—who are victims of domestic abuse should get the support that they need when they need it.
On the Istanbul convention, as set out in our latest annual report on our progress towards ratification of it, published last October, the position on whether or not we are compliant with Article 43 of the convention, to the extent that it relates to non-discrimination on the grounds of migrant or refugee status, and with Article 59 relating to resident status, is under review, pending the findings of the evaluation of the support for migrant victims scheme. We will consider compliance with Article 59 in parallel with Article 43. As such, it also depends on the outcome of the support for migrant victims scheme. Far from not being compliant, we are working towards that compliance. I hope that noble Lords are content with what I have set out today and in previous stages of the Bill.
Baroness Williams of Trafford
That this House do not insist on its Amendments 42D, 42E and 42F, and do agree with the Commons in their Amendments 42G, 42H and 42J in lieu.
“Strategy for prosecution and management of offenders
(1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, prepare and publish a document setting out a strategy for—
(a) detecting, investigating and prosecuting offences involving domestic abuse,
(b) assessing and managing the risks posed by individuals who commit offences involving domestic abuse, including (among others) risks associated with stalking, and
(c) reducing the risk that such individuals commit further offences involving domestic abuse.
(2) The Secretary of State—
(a) must keep the strategy under review;
(b) may revise it.
(3) If the Secretary of State revises the strategy, the Secretary of State must publish a document setting out the revised strategy.
(4) In preparing or revising a strategy under this section, the Secretary of State must consult—
(a) the Domestic Abuse Commissioner, and
(b) such other persons as the Secretary of State considers appropriate.
(5) Subsection (4) does not apply in relation to any revisions of the strategy if the Secretary of State considers the proposed revisions of the strategy are insubstantial.
(6) In this section, the reference to “risks associated with stalking” is to be read in accordance with section 1(4) of the Stalking Protection Act 2019.”
“( ) section (Strategy for prosecution and management of offenders);”
Baroness Williams of Trafford (Con)
My Lords, I start by thanking the noble Baronesses, Lady Royall and Lady Brinton, and the noble Lord, Lord Russell of Liverpool, for the very constructive discussions that we had on this matter at the end of last week and this morning, to make some final adjustments to what I think we all agree is a very good Bill.
Amendment 42D, put forward by the noble Baroness, Lady Royall, seeks to amend the Criminal Justice Act 2003 to provide for a new category of offender to be managed under multiagency public protection arrangements, known as MAPPA. The intention is then that such offenders are recorded on ViSOR—the dangerous persons database—although this is not set out in the amendment. The new category would cover perpetrators who have either been convicted—and “convicted” is the operative word—on two or more occasions of a relevant domestic abuse-related or stalking offence, or have been convicted of a single such offence and have been assessed as presenting a high risk of serious harm.
The elected House has now disagreed with noble Lords’ amendments on this issue for a second time, and again by a substantial margin. That said, we agree that more needs to be done, but we do not think that this amendment is the right way forward. Many have asked why the Government will not support the amendment, and the simple and honest answer is that we do not think it will be effective in securing the changes that we all want to happen. As I have said before, if we did, we would have no hesitation in supporting it. When the Bill was last in this House, I set out in detail our concerns surrounding the amendment and I will not go through them again. In essence, I do not think it adds anything substantial to the current legislative landscape around MAPPA.
Much has been said during the course of our debates and in the media about what this amendment will achieve. An example of this is that it will create a register; it does not. In fact, the noble Baroness, Lady Royall, and others have said that that is not what they wish to achieve. Equally, it does not address the issue of perpetrators not being charged and convicted of the offences they have committed. We should not lose sight of the fact that MAPPA is a framework for the management of convicted offenders, and a good number of the cases cited of failures to intervene relate to perpetrators who had not been convicted of an offence. I want to take a moment to place both these points on the record, because any miscommunication on this highly important issue feels deeply unfair to victims. I know that the noble Baroness, Lady Royall, would not want any such misunderstandings to take root.
This is a very sensitive and difficult issue and there is no easy solution to it. However, I want to stop focusing on—and noble Lords will know I have done this the whole way through the Bill—where we do not agree and instead put our focus on the many areas where we do agree. Everything I have heard during the passage of this Bill continues to lead me to the firm belief that the issue we need to address is not the legislative framework but how offenders are brought to justice and, once convicted, how MAPPA operates on the ground to ensure that agencies actively identify those offenders who pose the highest risk and then manage them effectively.
I reassure the House that we are undertaking a substantial programme of work to tackle this issue from multiple angles to make a real difference to the outcomes for victims. I will take the opportunity briefly to go over these again and to provide some further updates on developments. We will refresh and strengthen the MAPPA statutory guidance to make it clear that convicted offenders who demonstrate a pattern of offending behaviour that indicates either serious harm or an escalation in the risk of serious harm, related to domestic abuse or stalking, which is not reflected in the charge for which they were actually convicted, should be considered for category 3 management. The guidance will set out the importance of being mindful of the totality of an offender’s behaviour in domestic abuse and stalking cases. I know that this is an important point for the noble Baroness.
The strengthened guidance will ensure that all agencies involved take steps to identify offenders who are domestic abuse perpetrators whose risk requires active multiagency management and take action based on that risk, no matter what the category. The guidance is statutory, which means that agencies must have due regard to it. It is in no sense voluntary. I should add that the updated guidance will be dynamic. We will keep it under regular review to ensure that it reflects developing good practice.
Baroness Williams of Trafford (Con)
My Lords, to take the words that the noble Lord, Lord Kennedy, has just spoken, I would expect the House to be back if the measures that we have put into the Bill and the accompanying guidance and practice around them were not working. He asked what it was about this Bill that would change things. The noble Lord, Lord Russell of Liverpool, has said that this last bit is the hard yards, because it asks the question: where in practice will what is in the Bill change things? That is absolutely the right thing.
In no particular order, I shall go through the various questions that noble Lords have asked. The noble Baroness, Lady Royall, asked about domestic abuse and stalking in category 1. The revised guidance will address the management of domestic abuse perpetrators at level 1 for category 1 sexual offences. In addition to guidance, and to ensure that there is maximum accessibility and clarity, we will, as I have said, publish a succinct thresholding document to guide practitioners in deciding on the most appropriate level of management. The different levels of management under MAPPA are set to ensure that resources are directed to, and properly targeted at, those offenders who pose the highest risk and are the most complex to manage. However, we need to ensure that action is taken where there are indicators of escalating harm, as a number of noble Lords have mentioned, for those managed at the least intensive level. HMP Prison and Probation Service will therefore issue a policy framework for its staff setting out clear requirements for their management of all cases at MAPPA level 1.
On the question about a person not being sentenced for something, and therefore where the information is, the guidance will make very clear that convicted offenders who demonstrate a pattern of offending behaviour that indicates either serious harm or an escalation in the risk of serious harm relating to domestic abuse or stalking but which is not reflected in the charge for which they were actually convicted—I think this is what the noble Baroness, Lady Royall, was referring to—should be considered for category 3 management. The guidance will set out the importance of being mindful of the totality of an offender’s behaviour in domestic abuse and stalking cases. The noble Baroness reiterated her points, and I know this is an important issue for her. She wanted me to say it again, and I hope she is happy with that.
On MAPPA category 3, there is no minimum sentence for those who can be managed under that category. On commissioners monitoring the impact of the actions that I have outlined, they are independent but I am certain that they will be monitoring the impact of those actions, because one of the first things that will be on the commissioner’s desk when she is formerly in post is the Domestic Abuse Act and the implications and practices arising out of it.
The noble Baroness, Lady Brinton, talked about the very important issue of the sharing of information. The Police, Crime, Sentencing and Courts Bill specifically clarifies that information can be shared with non-duty-to-co-operate agencies—for example, specialist domestic abuse organisations—if they can contribute to the risk management plan.
The noble Lord, Lord Russell of Liverpool, talked about the job description for the head of MAPPA. He said that whoever does it will need a breadth of knowledge and a broadness of mind. Perhaps they might refer to Hansard for inspiration from the passage of this Bill.
The noble Lord, Lord Paddick, asked whether stalking was covered within and outwith domestic abuse. The answer to that is yes.
The last thing that I must talk about is funding. Funding was set out in the Budget but MAPPA is clearly a set of arrangements for managing high-harm offenders and, as such, is resourced from within the existing budgets of responsible authorities. However, the Government are committed to an additional 20,000 police officers, of which 6,600 have already been recruited. As I have already said, we are investing £25 million in additional funding to tackle perpetrators in 2021-22. We will continue to work with specialist domestic abuse organisations and the domestic abuse commissioner to ensure that that funding is spent effectively. We will continue to push to maintain that investment in perpetrator programmes as part of the next spending review.
As a House of Lords, we have come a long way with this Bill. We have revised it for the better. The Government have acquiesced to virtually all that noble Lords have asked in order to make this the excellent Bill that it now is. I hope that noble Lords will not divide on this matter and that they wish to see this Bill pass. The test will be the difference it makes to the lives of so many women and children.