Domestic Abuse Bill

Debate between Baroness Campbell of Surbiton and Baroness Grey-Thompson

Report stage
Wednesday 10th March 2021 Lords Chamber

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, in moving Amendment 46, I will speak also to my Amendment 47 and to Amendment 45 in the name of the noble Baroness, Lady Lister, to which my amendments are attached and which I strongly support.

My amendments bring controlling or coercive behaviour within the scope of Section 76 of the Serious Crime Act 2015. Amendment 46 mirrors Amendment 4, which was considered and overwhelmingly agreed to by the House on Monday.

I had intended to divide the House on Amendment 46 if the Minister could not accept it. I will not do so for one reason, and one reason alone. Just this morning, I learned that it could jeopardise Amendment 45, which is supported by the Government. I have no wish to risk another important amendment and potentially lose both it and my amendment. I have great admiration for the noble Baroness, Lady Lister, and support her amendment overwhelmingly. Noble Lords will undoubtedly understand my reasons. I had not expected that kind of unwelcome surprise today.

Controlling or coercive behaviour, which is part of the definition of domestic abuse under Clause 1 of the Bill, is an offence under Section 76 of the Serious Crime Act. Such behaviour is unfortunately a common form of abuse by carers. Amendment 45 amends the definition of “personally connected” in Section 76 to align it with Clause 2. The importance of including disabled people applies equally to the offence under Section 76. I set this out extensively on Monday and will not rehearse those arguments. It is worth noting that the draft guidance on Clause 2 relies on the guidance on Section 76 to explain controlling or coercive behaviour. They are complementary.

The two sets of provisions are totally interrelated. These amendments would ensure they remain consistent and ensure the coherence of the statutory abuse regime. It is very disappointing to not be able to follow that through for the protection and safety of disabled people if these amendments do not go through today. I await the response of the Minister in the sincere hope that she will accept these amendments. I beg to move.

[Baroness Grey-Thompson (CB) [V]]

My Lords, I speak to Amendments 46 and 47, which are in the name of my noble friend Lady Campbell of Surbiton and to which my name is also added. Because Amendments 46 and 47 are an amendment to 45—and I do not wish to quote sections of the Companion to the Standing Orders to your Lordships’ House—I would like to make clear that those listed as signatories have been put in the unenviable position of making the heartbreaking decision of whether to divide the House and risk preventing the valuable amendment put by the noble Baroness, Lady Lister, from being passed.

In speaking after my noble friend, I do not wish to reiterate what has already been well articulated. I would like to thank the staff of your Lordships’ House, the disabled peoples’ organisations and many disabled women for the considerable amount of work they have put into this Bill. If there is one thing I ask of the Minister and the Bill team, it is that, when legislation that has such an impact on disabled people is being considered, disabled peoples’ organisations are expressly and extensively consulted. The added issues disabled people face should always be included.

On Monday it felt that, while we might not have convinced Her Majesty’s Government of the need to include disabled people in this Bill, the Chamber strongly supported my noble friend’s amendments. I would like to thank the 318 Peers who voted to support and include disabled people this week. I am expecting that there will be much support as we debate this group, but there will be push-back from Her Majesty’s Government.

Having re-read Hansard several times this week, I fear that we still have to convince Her Majesty’s Government of the need to protect disabled people. It is important and welcome that controlling or coercive behaviour is more widely understood across society, but that same protection does not appear to be afforded to disabled people. For that, I am extremely disappointed.

I wholly, but with a sad heart, support my noble friend’s decision tonight. As I mentioned at the beginning of my speech, my noble friend has been put in the unenviable position of having to explain to disabled people who experience abuse in a domestic setting—whom she has spent a considerable part of her working life supporting and protecting—that the politics and procedures we are operating under have excluded their place in the Bill.

I know from extensive discussions with those involved in these amendments that, in accepting and supporting the amendment of the noble Baroness, Lady Lister, which I absolutely do, if the House were divided we might put Amendment 45 at risk. There is always a price to pay by some in bringing legislation. Tonight, and in this instance, the price is being heavily paid by disabled people.

Welfare Reform Bill

Debate between Baroness Campbell of Surbiton and Baroness Grey-Thompson

Wednesday 16th November 2011 Grand Committee

[Baroness Campbell of Surbiton]

My Lords, I am also extremely supportive of this amendment. It is a government misuse of the social model to withdraw support by saying that if you have a decent wheelchair-adapted house and car your disability goes away. That was quoted to me by a DWP civil servant as a social model assessment. That is exactly why I tabled an amendment on social model assessment—so that we can teach assessors what the social model really means.

The noble Baroness, Lady Thomas, is absolutely right. If I were assessed today, I would probably be taken off DLA. I have my wheelchair, my adapted house, my car and some personal assistance. However the cost of maintaining that is absolutely phenomenal. My disability has gone away; it is away today. I feel equal to all who are here but tonight it might be different. Therefore, I am absolutely in favour of placing this in the Bill. It is a perverse incentive to account for aids by means-testing. It means that people might stop using their electric wheelchairs and adapted cars to get the benefit. They might hide them in the garage or swimming pool. Apparently people put their cars there to hide them from the taxman. As noble Lords can see, I am very supportive of this amendment.

[Baroness Grey-Thompson]

My Lords, I also support the noble Baroness, Lady Thomas of Winchester. When I first looked at this area, I found it quite confusing and some of it not very simple to understand. Some aids and adaptations are taken into account for the assessment. For example, for the mobility component, any aid that the person can use to assist them in walking is taken into account. However, someone who can self-propel a wheelchair will qualify because they are still unable, or virtually unable, to walk.

I declare an interest as a wheelchair user and someone who spends considerable time making sure that I can get the right aids and equipment for me to live as normal a life as possible. As the noble Baroness, Lady Campbell of Surbiton, has said, you try to get as much independence as possible. For me, it is about getting a small chair that means I can fit into every lift in this building, which is a challenge when they are all built into the various chimney stacks; and one that is light enough to push for more than 50 metres, which does not get you very far in your Lordships’ House on the very expensive carpet that we have here. I also need to get it in and out of my car. I spend a lot of time making sure that equipment is right for me but I could easily buy a chair with wheels that are 16 inches in diameter, rather than 11 inches, and that weighs 30 kilos instead of four and a half. That would change my impairment considerably but I want to be as independent as possible. Those aids and adaptations make my life easier but they do not stop the patronising attitude that is out there. They do not stop the barriers.

I also want to encourage disabled people to be as fit and healthy as possible but we could be in a situation where we prevent people exercising and doing physical activity because they are penalised for doing so. Again, in my case, I spend several hundred pounds on the right cushion to sit on to ensure that I do not get a pressure sore. A cushion cover for that cushion is around £120. This costs the National Health Service considerably more than it would if I sat on a piece of old, tatty foam. However, if I sit on a piece of old, tatty foam, I might be in a better position to be considered for DLA in the future. It is the same with adaptable housing, and lifts and ramps. We are getting into a very difficult situation here, where the things that should be making disabled people’s lives easier, to enable them to contribute, will actually encourage them to think about things in a very different way.

It is very important we get this right. We do not want to push disabled people back into their houses, or ghettoise them. We are in a real danger of doing that if we do not find the right balance, and make sure that disabled people have access to the right equipment to enable them to live as independent lives as possible, and to contribute towards society.

Academies Bill [HL]

Debate between Baroness Campbell of Surbiton and Baroness Grey-Thompson

Tuesday 13th July 2010 Lords Chamber

[Baroness Campbell of Surbiton]

My Lords, I also support the amendment of the noble Baroness, Lady Wilkins. I am sorry I was unable to speak at Report. Unfortunately my health stopped me participating. However, this is an extremely important amendment. I met with two young disabled people with support needs last week who both told me that if the funding gets changed in the way they think is going to happen, then the academies cannot deal with their extremely heavy and expensive accessories so they will be compromised. We really have to think again on this one. I, too, am looking forward to hearing what the Minister has to say because thus far we do not feel secure in this Bill’s current form.

[Baroness Grey-Thompson]

My Lords, I also support the amendment of the noble Baroness, Lady Wilkins. As a child whose parents used the Warnock report to enable me to go into mainstream education, and had several discussions with the local education authority over a number of months to enable me to do that and not be shipped off to a special school, I have direct experience of budgets not being allocated. I went to school at a time when there was no statementing for disabled children. I had an education and went to school, but there was no access and there were no lifts. The local education authority employed six people to carry the wheelchair users up and down the stairs. So I had an education and went to a school but I was away from home and I felt quite isolated in the environment that I was in. My concern, if this is not properly addressed, is that children will, like me, receive an education but they will be isolated, away from their peer group, and they will not receive the rounded education that they all deserve.