Violence Against Women

Baroness Brinton Excerpts

Thursday 29th November 2012 Lords Chamber

[Baroness Brinton]

My Lords, the threat of violence remains a shocking part of everyday life for too many people. Noble Lords have spoken movingly of that in this important debate. I thank the noble Baroness, Lady Jenkin of Kennington, for securing this debate.

Some noble Lords will be aware of my own experience of being stalked—thankfully, it was never actually violent. I want to focus on how the new law that came into effect last Sunday will begin to transform the lives of victims of stalkers, the vast majority of whom are women. The independent stalking inquiry chaired by Elfyn Llwyd MP, on which I was privileged to sit, heard evidence last year which shows that stalkers are frequently very bright, extremely manipulative and seek to control the lives of those whom they stalk in every way, every hour of every day. Problems have arisen in the past when the police and criminal justice system have not recognised the threat of violence, resulting in tragic consequences. For example, at the inquest of Clare Bernal, murdered by a former admirer in Harvey Nichols in 2006, the coroner said that the police could not have prevented her murder. However, this ignored the many signs which the police and others ignored. These included his threats to kill her and the fact that he had approached colleagues for advice on how to buy a gun and on the jail sentence for murder—all at a time when he had been arrested for harassment, stalking and threatening to kill, had been rearrested for breaking bail conditions, had talked of suicide and had lost his job. But no one thought to assess the risk he posed to Clare.

It did not have to be like this. The examples of Australia and the United States, which legislated some time before us, prove that comprehensive anti-stalking legislation can be highly effective. The Australian legislation, which first separated stalking from harassment and domestic violence, as we have now done, has led to a substantial decrease in stalking. Key to the legislation are police protocols to assist victims through their ordeal, including the allocation of a trained police officer as primary liaison and the training of all—yes, all—police officers to recognise stalking and its dangers.

Sadly, prosecution alone is often not enough to help a victim overcome the complex consequences of their ordeal. In America, stalking survivors have explained which measures undertaken by their local police department made the biggest difference in their cases and, ultimately, their lives. These included the speed of the officers’ response, putting safety first, the use of technology in recording evidence, and help for victims to understand the risks to themselves.

The new stalking law in England and Wales makes stalking a criminal offence in its own right and no longer just part of harassment. It gives courts the ability to sentence stalkers threatening violence to up to five years in prison. Unlike the Scottish law introduced two years ago, the legislation here goes further by stating that training and support is necessary for the entire criminal justice system. The victims of stalking also need expert help to protect themselves from the perpetrators.

I give my personal thanks to all Ministers who supported this legislation as it progressed through Parliament, and particularly to Lynne Featherstone, who made it a priority to champion the fight against violence against women in any form. It remains essential that we hear the voices of the victims and assess the risks to them. An anti-stalking law is only as effective as those who enforce it. The culture change proposed in the new law may take a while to implement, but I am sure that now we have a tool that can give women peace of mind and safety from the persistent nightmare of stalkers.