Crime and Policing Bill

Baroness Featherstone Excerpts
Tuesday 9th December 2025

(1 day, 6 hours ago)

Lords Chamber
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We cannot in conscience allow this to continue. Camming sites such as OnlyFans are profiting from trafficking, exploitation and violence against women and girls. Women are not commodities to be bought and sold. They are living, breathing human beings. As well as my Amendments 316A and 316B, I support those in the name of my noble friend Lady Goudie.
Baroness Featherstone Portrait Baroness Featherstone (LD)
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My Lords, I speak against Amendment 310 on the prohibition of pimping. According to the Member’s explanatory statement, it would

“make it a criminal offence to enable or profit from the prostitution of another person, including by operating a website hosting adverts for prostitution”.

Specifically, the amendment would create the offence of assisting or facilitating another person to engage in sexual activity with another person in exchange for payment or other benefit, where the assister or facilitator knows or ought to know that payment for sexual activity is taking place, whether or not the person assisting or facilitating gains in any way. It would also criminalise the publishing or display of any digital advertisement for sexual activity.

The amendment conflates consensual sex work with sexual exploitation and trafficking. Adopting it would cause significant harm to sex workers. In seeking to criminalise those who facilitate the exploitation of victims of forced prostitution, which is already a crime, it would instead make sex workers’ lives more difficult and dangerous by removing their ability to advertise their services online and seek assistance or support from others in carrying out their services.

I will take those two separate elements in turn. First, on criminalising those who assist or facilitate another person engaging in sexual activity for payment where the assister or facilitator knows or ought to know that such activity is taking place, the impact of this would be disastrous for sex workers and the organisations that support them. It would mean that anybody acting to help sex workers work safely, including safety service operators such as National Ugly Mugs, would be guilty of an offence. I am sure that the intention of Amendment 310 was not to catch that, but it does.

I launched National Ugly Mugs when I was a Home Office Minister to reduce the violence that sex workers experience. The principle behind the scheme was not controversial. When a sex worker experiences violence or a threat, they can report it anonymously online. Other sex workers are therefore warned about a dodgy punter. That information, often the only line of defence, has saved lives, prevented repeated attacks and encouraged people who would never otherwise go to the police to start trusting them again. The ability to post online about a dangerous client is invaluable but would be caught by Amendment 310.

Since I launched it in 2012, National Ugly Mugs has disseminated more than 1.17 million alerts to sex workers warning of risks. Whatever one’s view of prostitution, no one should be assaulted, raped or murdered for the work they do. National Ugly Mugs was never about endorsing prostitution. It was about reducing harm and preventing homicide. The evidence is clear that where harm reduction schemes exist, sex workers are better able to report violence, share intelligence and access justice. Where they are removed, people go underground and the violence gets worse, not better.

The argument often put forward is that the Nordic or buyer criminalisation model would make the scheme unnecessary. But if you look honestly at the evidence from Sweden, Norway and France, you will see that violence did not disappear. It went into the shadows and underground. Sex workers in those countries report being more isolated, less able to screen clients and more fearful of the police. We should not repeat those mistakes here. It is a dangerous illusion to think that by abolishing the tools that keep people safe, we abolish the reality of prostitution. We do not. We simply make it more dangerous.

Amendment 310 would also criminalise family members and the extended support networks that many sex workers rely on in order to carry out their sex work, and it would criminalise the many sex workers who support other sex workers in carrying out their services. It would criminalise any business—such as banks, mobile phone providers, taxi services or web hosting providers—that knew or ought to know that it was providing services to sex workers and was thereby assisting them in carrying out their activities.

Sex workers are already among the most discriminated-against groups in the UK, suffering appalling stigma. To take just one of the examples set out above, the Financial Conduct Authority recently warned financial institutions not to close the bank accounts of those they suspect or know are carrying out sex work because of the significant harm caused by doing so. Providing a sex worker with a bank account enables them to receive payment for sexual services, and this would clearly be caught by the Bill because it is facilitating or assisting the sex worker in carrying out their work.

The amendment would compel banks to close sex workers’ accounts and would perpetuate such harm. The net result of the amendment would be to shut sex workers out of the economy and prevent them accessing the services and support they need to work safely, pushing them into more dangerous and more difficult working environments. The displacement of sex workers away from the support services they rely on would make it more difficult for sex workers to survive and make it more challenging for those who care about and serve those communities to locate and to help them.

My second issue is the move to criminalise the publishing or display of any advertisement for sexual activity. This section of the amendment seeks to criminalise the operations of the adult service websites, ASWs, and make it impossible for sex workers to advertise online. In the modern world, most sex workers do use adult service websites to advertise their services, and working in that way means that sex workers remain in control of the services they offer and the environment in which they work, and can take steps to screen the clients they are planning to meet in advance of doing so. For example, they can take ID information and/or prepayment, and use online checking tools such as the National Ugly Mugs scheme, which I launched, to see whether the phone number or email address contacting them has previously been linked to violent or abusive behaviour.

Supporters of the amendment will argue that because traffickers also attempt to use these platforms to advertise those they are criminally exploiting, they should be outlawed. However, outlawing the means for sex workers to advertise would not remove the sex workers themselves. They would instead be forced to adopt new approaches to sourcing clients, and that would have four main effects.

First, as evidenced by outcomes in other countries, online advertising for sex work would still exist but in a different form. Rather than sex workers advertising themselves openly as providing sexual services, they would instead advertise non-sexual companionship or massage services in such a way as to give the website proprietor grounds to demonstrate that they do not know that sexual activities are being advertised. This would make it harder to identify and provide outreach and support to those who are, in reality, carrying out sex work, and harder for law enforcement to screen adverts and assess risk.

Secondly, it would mean that advertising would be pushed to less visible areas of the internet, such as private messaging groups, social media and the dark web, where it would be out of sight of law enforcement and those seeking to provide support services to sex workers. UK national policing agencies have made clear that for this reason they do not support the outlawing of adult sex websites.

Thirdly, some ASWs would instead move offshore and carry on business out of reach of UK policing. They would also stop providing evidential materials to UK law enforcement, making it harder for police to investigate and prosecute genuine cases.

Fourthly, it would increase the levels of danger facing sex workers by forcing them off the internet and on to the streets. On-street work is universally acknowledged as being far more dangerous than online. In this scenario, sex buyers would hold all the power in negotiations and those who seek to harm sex workers would have greater opportunities to do so.

Lord Meston Portrait Lord Meston (CB)
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Thank you for that. I was slightly confused, because the first amendment in the group was not moved.

Baroness Featherstone Portrait Baroness Featherstone (LD)
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My Lords, this follows on very well because I will speak to Amendment 283 in my name and that of the noble Baroness, Lady Walmsley, which would insert after Clause 72 the offence of intentionally concealing child sex abuse.

There is a real problem—and it is an omission from the Bill—because leadership and supervisory roles are completely excluded from the reporting duty. The duty applies only to individuals in contact with children, but we in this House and elsewhere all know that it is not just the social workers, the medics or the police who have direct contact with the child who know that there is sexual abuse at play. It is often the leaders, the CEOs, the chairs of boards, the staff who are too scared to mention it in case of reputational damage, and those in command who suppress incidents of child sexual abuse. This confines mandated reporters to only those who have regular unsupervised contact, creating a critical gap in the Bill.

It would be absolutely unforgivable to let this Bill to protect children go through with such a glaring gap in their protection. Furthermore, there are no criminal penalties proposed for failure to report, and without sanction it lacks teeth. An additional problem is that in two of the industrial-scale institutions of child sexual abuse that we have witnessed—the health service and religious institutions—confidentiality is a kind of get-out clause. We need to overcome that.

The UK Government launched the Independent Inquiry into Child Sexual Abuse, which was explicitly tasked with uncovering the systemic failures that allowed such abuse to flourish untrammelled. The key recommendation was that the UK must introduce a mandatory reporting law for child sexual abuse. We welcome that this is now happening, but noble Lords have all encountered or understood that, very often, the protection of an institution, a company or an entity silences many who work in that institution but know what is going on, and that takes priority. That silence—actually silencing staff or members—is commonplace.

Look at the obvious ones, such as the Catholic Church. Across multiple countries, investigations found that Church leaders reassigned accused priests, maintained secret files and prioritised avoiding scandal over reporting allegations. Church of England independent reviews found that senior clergy discouraged reporting and protected accused individuals to avoid damaging the institution’s standing. In the health service, the BBC exposure of Jimmy Savile’s years of abuse demonstrated beyond belief how many people knew but said nothing. Internal discussions showed that investigations were discouraged or blocked due to concerns about reputation, and Savile’s celebrity and connections. In private schools and boarding schools, multiple inquiries documented quiet dismissals of staff and minimised complaints to preserve reputation, funding and donor relationships. It happens in sports clubs and organisations. Various youth sports organisations protected coaches, dismissed complaints and pressurised victims to stay quiet to maintain prestige. So often companies and institutions are too big to fail. They use threats or non-disclosure agreements and so on to cover up misdeeds in fear of reputational damage. This is intentional, and that is why this amendment would put a criminal offence of intentionally concealing knowledge of child sex abuse on to the statute book.

I have personal knowledge of such a case. In this instance, it was child abuse rather than child sexual abuse. Great Ormond Street, our national treasure, suppressed a report, the Sibert-Hodes report, that it had commissioned. It showed the hospital to have responsibility for the failing clinic where baby P, Peter Connelly, was taken multiple times with multiple injuries and subsequently died, and where it had employed an underqualified doctor who failed. In that clinic there were three other doctors, none of whom was present. Two were on gardening leave and the other had left.

Cover-ups are happening all the time. The Bill is an opportunity to stop this practice, where NDAs, threats and gardening leave are all used to prevent exposure. I believe this follows on from what the noble Baroness, Lady Grey-Thompson, is trying to do with her amendment; it would expand it. I hope and trust that the Government understand the importance of these amendments and move urgently to fill the gaping hole in this legislation as proposed.

While I am on my feet, I will speak to Amendment 287 in my name and those of the noble Baroness, Lady Walmsley, and the noble Lord, Lord Russell, about training for those subject to the mandatory duty to report child sexual abuse. I am indebted to the NSPCC for its help on this vital aspect of this new duty. In this amendment we are seeking to make mandatory reporting of child sexual abuse a reality, because without training—proper training, probably expensive training—it will not happen as intended in the Bill. It is vital that all those responsible for reporting under the new duty be trained effectively so that they feel supported and able, and are effectively trained to a high standard on their obligations.

The new mandatory duty to report child sexual abuse has the potential to ensure that anyone working or volunteering with children knows that the sexual abuse of children cannot be tolerated or ignored. It will be illegal to tolerate or ignore it, and proper implementation must be embedded from the very start. Those who are responsible for reporting child sexual abuse must be properly trained to know what, how and where to report. The onus for ensuring this cannot rely solely on individual organisations. If this duty is to have a widespread impact, we need cross-sector, cross-government buy-in so that all reporters, no matter what organisation, community or area they come from, are empowered to protect children.

That is why this amendment is so vital: to ensure effective training for all mandated reporters within the mandatory reporting duty. Recognising, reporting and, crucially, responding to child sexual abuse is not easy or straightforward, because we know that disclosures from children do not usually happen in one conversation. They can happen in many forms, verbally or non-verbally, and emerge over a long period of time. They will often be the result of consistent and skilled engagement from a trusted adult that helps the child feel safe and ready to share their experiences.

Reporters may also struggle to decipher whether what they have seen is indeed child sexual abuse—such as if they came across child sexual abuse material online but were unsure of the age of the victim—particularly if they are not already trained to identify recognised signs and indicators of abuse. Their responsibility to the child cannot stop at disclosure or witnessing abuse. It is vital that any child who discloses their experience of abuse is met with an effective response.

We know that there is already a significant need for greater training and support for skilled professionals to improve their response to child sexual abuse, as detailed in the recent reports from the Child Safeguarding Practice Review Panel and the review into child exploitation of the noble Baroness, Lady Casey. This is a gap in our child protection system that must be closed to better protect children, and this duty provides us with both the impetus and the opportunity to do so by taking a whole-system approach to embedding the duty. Therefore, those who are responsible for reporting on abuse and disclosures such as these must be trained not only in how to identify what child sexual abuse is, what a disclosure is and where to report it, but also in how to provide vital support to a child all the way through to after the report has been made and beyond.

This duty will apply not only to safeguarding professionals but to volunteers, sports coaches, youth club leaders and faith leaders, to name but a few. We cannot assume that all mandated reporters will already have the necessary understanding of child protection required to carry out their responsibilities under this really serious duty. This is essential, not only on the practical level of understanding the duty itself but, arguably more importantly, in providing this sensitive support to children in a way that does not put them at risk. My amendment seeks to ensure that an understanding of child protection is intrinsic to the duty, guaranteeing that all those with responsibility as a mandated reporter receive, at a minimum, initial and ongoing training—essential elements of their new responsibilities.

In conclusion, from how to recognise signs and indicators to judging when reporting should be delayed for the safety of the child, reporters must be supported. Otherwise, we risk putting children in danger of being harmed by the reporting process, in addition to the hurt they have already received. By baking this guarantee into primary legislation, the Government can be confident that their duty will be implemented and regulated consistently across different sectors. It would also reassure reporters that they will not face sanctions because the organisation they work or volunteer for cannot afford to resource and train them appropriately. We owe it to all the victims and survivors who have bravely called for a mandatory reporting duty over so many years to ensure that it is done properly.

Lord Murphy of Torfaen Portrait Lord Murphy of Torfaen (Lab)
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My Lords, I will speak to my Amendment 283B. Schedule 8 relates to the duty to report child sex offences. Paragraph 17 of that schedule applies this duty to

“Activities of a person in connection with training, supervising or instructing a child for the purposes of a religion or belief, if the person has regular … contact with the child in the course of those activities”.


Some Catholic schools and faith schools obviously have religious objects, and Schedule 8 applies to them. But the problem with that is that all schools are also regulated by Section 21(5) of the Sexual Offences Act 2003. That effectively means double regulation, which would put a burden on faith schools, with unnecessary bureaucracy.

The Catholic Education Service, which represents about 2,000 schools in England—that is not counting Wales, Northern Ireland or Scotland, of course—has worked closely with the Home Office and has helped to draft my amendment. The amendment would remove from the scope of paragraph 17 activity that is already regulated and governed by the Safeguarding Vulnerable Groups Act 2006, therefore preventing unnecessary double regulation. The Catholic Education Service has worked very closely with this Government and the previous one on ensuring the highest standards of children’s safeguards in schools. I would be grateful if my noble friend the Minister would react positively to this amendment in his wind-up.

Crime and Policing Bill

Baroness Featherstone Excerpts
Baroness Featherstone Portrait Baroness Featherstone (LD)
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My Lords, I wish to address three issues. The first is the long-awaited duty of mandatory reporting of child sexual abuse. This is a key recommendation of the Independent Inquiry into Child Sexual Abuse, but with a strengthened and more encompassing base, and a key issue supported by the NSPCC.

This mandatory provision is born of tragedy: it reflects too many cases where children found the courage to speak but nothing was done. But, while the principle is right, the drafting is too narrow, too timid and risks being ineffective in practice. The duty to report is triggered only when a disclosure is made or abuse is witnessed. Yet most abuse is not disclosed, and rarely is it seen first-hand. Professionals in health, education and faith settings often encounter warning signs, not confessions. The duty must extend to situations where there are reasonable grounds to suspect abuse.

Secondly, the Bill currently imposes no real sanction for failure to report, and a law without consequence is not a law that can change culture. There should be a clear offence of deliberate failure to act when a child’s disclosure is known.

Thirdly, there is a risk that the present wording could sweep in minor consensual activity between young people or undermine trust in health services. That must be corrected because the duty should target exploitation and coercion, not teenage relationships or confidential medical advice.

Fourthly, implementation matters, and we will need proper training and triage mechanisms to prevent overreporting and resources for local authorities and police to respond swiftly and sensitively.

The second issue is that we need to introduce a penalty for the intention to conceal. All too often, the orthodoxy is for individuals to feel a pressure to protect the organisation they serve—too big to fail. Individuals are too scared to report. Individuals who are protecting their institution must risk penalty.

My third issue is that when I served in the Home Office I had the privilege of introducing and funding the “ugly mugs” scheme. The principle behind it was not controversial. When a sex worker experiences violence or a threat, it enables them to report it anonymously so that others are warned. That information is their only line of defence, and since it was introduced it has saved lives, prevented repeated attacks and encouraged people who would never otherwise go near the police to start trusting them again.

New Clause 1, as tabled in the Commons, directly implicates online platforms and intermediaries that currently help sex workers publish adverts or manage listings. That is one of the main ways that the ugly mugs scheme engages—through alerts, listing of known bad actors and facilitating reporting. It has been truly successful in helping protect sex workers from dangerous clients. Whatever one’s view of prostitution, no one should be assaulted, raped or murdered for the work they do.

Ugly mugs was never about endorsing prostitution; it was about reducing harm and preventing homicide. The evidence is clear: where harm-reduction schemes exist, sex workers are better able to report violence, share intelligence and access justice. Where they are removed, people go underground. It is a dangerous illusion to think that, by abolishing the tools that keep people safe, we abolish the reality of prostitution. We do not; we simply make it more dangerous.

The duty of any Government, whatever their moral stance, is to protect life and prevent violence. Ugly mugs does precisely that, quietly and effectively, at very modest cost. Closing it would not advance women’s safety; it would imperil it.

Baroness Featherstone Portrait Baroness Featherstone (LD)
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My Lords, first, I thank the many people who have written to me to beg me to support the Bill, and I do. So many of those letters tell a horrific story of watching a loved one suffer. The proportion of those letters that are in support compared to those opposed is overwhelmingly in favour, by a ratio of 4:1.

But today, I speak for myself, for my rights, for my autonomy, for what I want to happen should I face the appalling circumstances of a terminal illness with six months to live, and for my right to choose. Autonomy is a central principle in modern ethics and law—the right to make decisions about your own body and life. If people can refuse life-saving treatment, create advance directives, or choose risky medical procedures, consistency suggests that they should also be able to choose when and how they die if terminally ill. Assisted dying does not force anyone to end their life; it simply respects the choice of those who want that option.

We already recognise the right to live according to one’s own values in freedom of religion, reproductive choices, sexual orientation, and marriage or not. So why not with this, the most intimate and important decision of our lives? Choosing assisted dying should be framed not as a rejection of life but as an embrace of dignity. People facing terminal illness or unbearable suffering may wish to avoid a drawn-out decline that strips them of control, of independence, of even their ability to recognise themselves. Respecting their choice acknowledges their humanity, rather than reducing them to passive recipients of medical care.

John Stuart Mill’s philosophy was that individuals should be free to make their own choices unless they harm others. Choosing to end one’s own suffering does not harm others, whereas forcing someone to endure against their will is a harm.

There is a divide. Those with means can travel abroad to access assisted dying, creating inequality, and often a lonely end. Allowing it locally ensures that choice is not only for the wealthy or the privileged. When assisted dying is illegal, people sometimes take desperate or violent steps to end their lives. Allowing a safe, regulated pathway gives people peace of mind and reduces traumatic situations for families and healthcare workers.

I thank Kim Leadbeater for her calm and thoughtful approach to addressing the fears that people naturally have about coercion. It seemed to me from reading the Commons debates that those concerns had been addressed and changes had been made. But I have absolute confidence that, should there be any remaining issues that give rise to further concerns, they will be found and addressed in this House.

I say to those with disabilities who are understandably very nervous and worried, this does not apply to disability. Disability is not a qualification. To those who raise palliative care as the answer, I wish it was the answer. But it is not a good enough answer in the reality of the circumstances people face today.

Lastly, I say to all those who may vote against the Bill for religious reasons, assisted dying is not compulsory. If your religious convictions require that you do not take advantage of the Bill, please have compassion and enable us who do not have your convictions to have the right to choose.

Regulated and Other Activities (Mandatory Reporting of Child Sexual Abuse) Bill [HL]

Baroness Featherstone Excerpts
Baroness Featherstone Portrait Baroness Featherstone (LD)
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My Lords, the sooner Musk goes to Mars the better.

I hugely congratulate the noble Baroness, Lady Grey-Thompson, on bringing this important issue to the Floor of the House. A number of countries have introduced mandatory reporting. Of course, the results have varied depending on the country, the scope of the law and its enforcement, and the systems in place to support investigations and victims—and we can learn from their experiences. However, what is clear is that, where this has become the law, there has been a significant increase in the number of reported cases of sexual abuse. That clearly indicates that the very introduction of such laws raises awareness and encourages reporting by professionals, particularly teachers, doctors and social workers.

There are many examples of where mandatory reporting can be part of a strong safeguarding system. It can identify inappropriate relations, where a child is receiving excessive attention from an adult. It can notice signs of abuse. It can identify online exploitation, where a teacher or school counsellor becomes aware that a student is being coerced by an adult into sharing explicit images online. It can identify familial abuse, where a child confides in a social worker about being abused by an older sibling, cousin, parent or family friend. It can identify behavioural changes, where a child suddenly displays extreme changes in behaviour, such as aggression, withdrawal or fear of certain individuals. It can note what a child discloses during therapy, when a child shows signs of neglect or when a child is overheard describing sexual acts involving themselves and an adult. It can come across evidence of institutional abuse. The examples go on and on.

However, there are also challenges, which several Members have raised. When the many reports come in—because I trust that this legislation will be passed—they will not all meet the threshold for substantiated abuse, and therefore there will be a strain on resources. There is also the fear that mandatory reporting could deter victims or their families from seeking help; for example, in a healthcare setting, patients and/or their parents might withhold information from doctors out of concern that it will trigger a report. As has been raised, it can lead to false or unsubstantiated claims, which can cause immense harm to innocent accused individuals.

There are examples of overreporting, when professionals report cases out of a fear of legal consequences for failing to report, even when abuse is unlikely. There is also a danger that in situ—in healthcare, counselling, children’s social services, et cetera—mandatory reporting may harm trust between professionals and clients, especially if the clients fear legal or social repercussions. There are issues around breaches of confidentiality, retaliation and a fear of reporting, the risks of mismanagement where there is insufficient training, and harm to children where they are removed with insufficient cause.

However, it is the case that mandatory reporting laws have helped foster a societal shift towards recognising the seriousness of child sexual abuse, and awareness campaigns and the legal mandate have reduced tolerance for abuse in settings such as schools and religious and sports organisations. I hugely welcome the Bill. While there are things to watch out for with the introduction of mandatory reporting, which will come, the Government absolutely must address the challenges and fund—I emphasise: fund—the training that mandatory reporting will inevitably bring with it.

Domestic Abuse Bill

Baroness Featherstone Excerpts
Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021

(4 years, 10 months ago)

Lords Chamber
Read Full debate Domestic Abuse Bill 2019-21 View all Domestic Abuse Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-VI(Rev) Revised sixth marshalled list for Committee - (8 Feb 2021)
Lord Bishop of Gloucester Portrait The Lord Bishop of Gloucester [V]
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My Lords, I metaphorically rise to speak to Amendment 185. I am very grateful to the noble Baroness, Lady Lister, for outlining the issues so clearly. It is a real honour to follow the noble Baroness, Lady Hodgson, and I am delighted to have added my name to Amendment 185. I do not want to repeat what they have eloquently said already, all of which I agree with.

The UK is party to international treaties and conventions that make it clear that we must deliver a co-ordinated response and integrated measures to end violence against women and girls. Amendment 185, as we have heard, simply seeks to ensure good join-up: the statutory guidance issued alongside the Bill must be linked to any violence against women and girls framework.

I am extremely grateful to the Minister for a good meeting recently to discuss the need for statutory guidance to include an understanding of different faith contexts regarding violence against women and girls, as there is much good work being done, not least by the Faith and VAWG Coalition, which is well-known to the domestic abuse commissioner-designate. I am grateful to the Minister for her deep listening and I look forward to faith groups continuing to work with officials and Ministers.

With Amendment 185, I ask that similar attention is paid to joining up the vital work of the Ending Violence Against Women and Girls strategy and the Domestic Abuse Bill. It is vital that this is done, as we have heard.

Baroness Featherstone Portrait Baroness Featherstone (LD) [V]
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My Lords, I shall speak to Amendment 186 in my name and that of the noble Lord, Lord Paddick. As before, this addresses the same cause as our previous amendment that applied to the guidance. As debated before, domestic abuse experienced by men, and abuse in same-sex relationships, can be of quite a different nature. Just as the noble Baroness, Lady Gale, is trying to ensure a recognition, with her Amendment 173, that the sort of abuse that women in heterosexual relationships experience is of a different nature and volume from others, we are trying to ensure that, even though less in quantity and different in nature, the needs of men experiencing domestic abuse and abuse in same-sex couples are in the guidance, so that matters that pertain to their circumstances are addressed in the particular.

This amendment iterates that one-third of those facing abuse are male. I remember being surprised the first time I heard that figure by the level of domestic abuse directed towards men, when this was in my portfolio at the Home Office and I visited male refuges and services. Of course, women suffer two-thirds of domestic abuse, and perhaps we are more familiar with that scenario, but we think it is important to have the proportion on the record, for what is not counted may not count. If our earlier amendment and this are incorporated, it just becomes a statement of fact and is there to simply meet different needs, not to reduce the importance of the gendered aspects of violence against women.

Guidance is tremendously important, regardless of numbers or proportions. As the experience is so very different for men or those in same-sex relationships, it therefore requires very different support and different solutions. Women in heterosexual relationships who are being abused have a different experience: often, their abuse is repeated and severe, and it often includes sexual violence. However, men’s experience where their female partner abuses them is often complicated by old male norms, where “real men don’t complain”, or they are afraid that it makes them less of a man. This is not always the case, but it is clearly a very different scenario for men in that situation.

For those in same-sex relationships, domestic abuse is actually more likely to occur in homosexual couples than in heterosexual couples. Again, the issues and the remedies must be differentiated and addressed. Even today, with the vast strides forward, from civil partnerships to same-sex marriage, members of the LGBT community can experience a level of stress that is relevant only to LGBT people.

A gay, male American victim of domestic abuse said, “I never identified it as domestic violence due to the images out there being about domestic violence only being an issue experienced by heterosexual women”. While I recognise that the Government are trying to steer clear of gendering the Bill and understand their desire to do so, the experiences of those who suffer domestic abuse, be they men or women in heterosexual relationships, same-sex or other relationships, require specific and different guidance to address their experiences and their needs.

Baroness Sanderson of Welton Portrait Baroness Sanderson of Welton (Con)
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My Lords, I would like to speak to Amendment 186, and I would also like to pay tribute to the noble Lord, Lord Paddick, for being so honest and open about his own experience.

At Second Reading, a number of noble Lords spoke about Erin Pizzey, who set up the first ever refuge for women and deserves much credit for doing so. It was good to see her being acknowledged in the context of this Bill, because the truth is that you do not hear much about Erin Pizzey anymore. Once she began campaigning on behalf of male victims of domestic abuse, she was pretty much airbrushed out of history. This is not the time to get into the whys and wherefores of that, but it shows how the facts were forgotten as the debate became more politicised.

As far as I can see, this amendment is simply stating a fact. It does not ignore the reality that the majority of victims are female; it simply seeks to acknowledge

“that one third are male, and that some are in same sex relationships”.

Of course, this figure may change, so it could be difficult to be so specific on the face of the Bill. But I think the aim is a good one—to make sure that in recognising that women are disproportionately affected we do not forget that there are other victims of domestic abuse. We do not want inadvertently to diminish the voice of others or discourage them from coming forward, as was mentioned by the last speaker. Let us not forget that the aim of this Bill is to encourage and protect all victims of domestic abuse.

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In view of the time, I will stop there. I hope the commissioner will take up these issues. Above all, I hope the Ministers will agree that both aims of this amendment need to be addressed.
Baroness Featherstone Portrait Baroness Featherstone (LD) [V]
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My Lords, I am speaking to Amendment 180, to which I have added my name. It is a pleasure to follow the noble Baroness, Lady Meacher, and I could not agree more with everything she said. She has far greater knowledge and wisdom in this matter than I but I feel strongly that prevention and reaching children at an early age is vital, otherwise everything else in the Bill will just deal with what is, as opposed to prevention for the future.

We know that changes in behaviour, health, the ability to learn, attitude and appearance in a child can often mean that they may be witnessing domestic abuse. Schools need to be able to recognise and address that. Of course, our teachers are already aware of, and on the lookout for, behavioural signs of things not being right at home. However, Amendment 180 would ensure the provision of services to every primary school to support it in identifying, treating, supporting, and helping children who are showing signs of witnessing abuse.

Refuge states:

“All children living with abuse are under stress”,


and advises that stress can lead to withdrawal, aggression or bullying, tantrums, vandalism, problems in school, including truancy, speech problems and difficulty with learning, attention-seeking, nightmares or insomnia, bed-wetting, anxiety, depression, fear of abandonment, feelings of inferiority, drug or alcohol abuse—hopefully not at primary school—eating disorders or constant colds, along with headaches, mouth ulcers, asthma and eczema. So many things affect children but our primary schools need support to be provided to address the issue properly and, where appropriate, involving parents is vital. That can be of great benefit—not always—but parents suffering domestic abuse, or perpetrating it, do not always realise the effect that it has on their children. Not all children show such obvious signs of stress; some have adopted coping mechanisms or hide it.

Obviously, primary schools need support in identifying children who are suffering, as well as those who are demonstrating less obvious signs of what is occurring at home. A child could be jumpy, or be avoiding situations or people. They may be withdrawn or simply have a stomach-ache. They may react badly to something that reminds them of what is going on at home. As this amendment suggests, support is needed to identify and treat children who are unusually aggressive or manipulative.

To see the many terrible effects that witnessing domestic abuse has on children, just do a Google search for Refuge, the National Child Traumatic Stress Network, the NSPCC or others. The information out there is crystal clear in demonstrating how necessary this amendment is, and how damning to the future well-being of children non-attention and leaving the issue unaddressed is. A great proportion of the children, if given proper help, are resilient. The sooner this problem is addressed, the better.

Amendment 180 would deliver

“the provision of services … to identify and treat children”

coming from homes where domestic abuse is occurring. It is necessary and right to put that protection and provision into the Bill as early as is humanly possible.

Earl of Kinnoull Portrait The Deputy Chairman of Committees (The Earl of Kinnoull) (Non-Afl)
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The noble and learned Baroness, Lady Butler-Sloss, is having connection problems and so I call the noble Lord, Lord Farmer.

Domestic Abuse Bill

Baroness Featherstone Excerpts
Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021

(4 years, 10 months ago)

Lords Chamber
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Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con) [V]
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My Lords, I am delighted to follow the noble Baroness, Lady Ritchie of Downpatrick, who spoke with such passion on this group. I shall speak specifically to Amendments 75 and 78, and I congratulate the Government on tabling them as they will strengthen the actions against a perpetrator.

On a strict reading of Amendment 75, it would appear that its wording would cover work premises—an issue raised by the noble Baroness, Lady Hamwee, and the noble Lords, Lord Kennedy and Lord Hunt. I think that is the Government’s intention in including the words

“may not come within a specified distance of … other specified premises”.

It would be helpful to know that to put noble Lords’ minds at rest.

I particularly want to raise issues that are in the briefing from Refuge, for which I am extremely grateful. As the implementation of the new DAPO is likely to be complex, Refuge supports it being piloted. It will be interesting to hear how it will be piloted. Does the Minister share my view that in Amendments 75 and 78, which I welcome, we recognise that more DAPOs will be issued? Refuge has suggested that this is an area where we should look at adequate training and investment in police forces to ensure that they are using DAPOs wherever appropriate, that perpetrators are arrested and charged when these are breached, that the guidance is sufficiently clear and that the police are sufficiently familiar with how DAPOs are meant to work, which would be the case if there was a pilot in which any teething problems could be ironed out.

I commend Amendments 75 and 78 and thank the Government and my noble friends for tabling them. I will be interested to hear whether the Government look warmly on the suggestions I have made.

Baroness Featherstone Portrait Baroness Featherstone (LD) [V]
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My Lords, I support the amendments in this group, particularly Amendments 57, 58, 59 and 60, that seek to enable the consideration of the inclusion of workplaces in domestic abuse protection orders. It is a truly important and obvious step, which the Government have acknowledged, at least in principle, in Amendment 75.

The introduction of domestic violence protection notices and then domestic abuse protection orders heralded a real shift, or an intended shift, to the perpetrator being excluded and barred from entering the home and the breaking of such an order becoming a criminal offence. But as we have become more aware of the nature of domestic abuse, beyond just the physical—be it psychological and financial abuse, or coercion—we have addressed such issues as stalking and have, thankfully, moved to become more victim-centred, so that the victim can live their life and stay at home, rather than always having to go to a refuge, and the perpetrator is prohibited.

The Bill gives us the opportunity to move this agenda further forward and to protect the victim in their place of work. In a situation of domestic abuse, the workplace can be a refuge and a place of safety for the victim, but, sadly, that is often not the case. It is not uncommon for a victim to find that the abuse follows them to work—sometimes literally, by being physically followed, but often by abusive emails or phone calls, or the fear of the abuser turning up at the workplace, knowing what time the victim finishes. It is even more difficult if the abusing partner works at the same place. It does not stop at the victim; colleagues can find that they are bombarded with questions about the victim, have to cover for a victim’s absences or are threatened with harm. While all organisations and firms should have a domestic abuse policy in place, an order that would prohibit a perpetrator contacting the victim at their place of work or going to their place of work specifically, as noble Lords have mentioned, is a logical step to deepen the protection around the victim.

Domestic Abuse Bill

Baroness Featherstone Excerpts
Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021

(4 years, 10 months ago)

Lords Chamber
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Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab) [V]
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My Lords, I strongly support Amendments 37 and 38. I like the idea of the commissioner establishing an advisory board. I am sure it will be helpful, although it is puzzling why the membership has been restricted to not fewer than six and not more than 10. It is interesting that the membership has to comprise, as the noble Baroness, Lady Hamwee, said, representatives of victims of domestic abuse, charities and other organisations, healthcare services, social care services, police and criminal justice and academic expertise. I have no problem with that range of expertise, but the membership surely needs to be wider. We have already had, or will have, amendments suggesting that we should have experts in children and young people, substance abuse, psychological therapy and speech therapy. I would welcome giving the commissioner a little more discretion and allowing her to appoint more than 10 people if she wishes to do so. As it is entirely in her own hands, she clearly will not want a huge number of people, but having a little more flexibility would be helpful.

I support Amendment 38 very strongly. It is surprising and highly unusual that members of an advisory board should be described in legislation as representatives of the interest described in the clause. Surely we have moved on from representative bodies such as that. In my experience—I agree with the noble Baroness, Lady Hamwee—committees that are made up of representatives of certain interests find it very difficult to act corporately because they feel the need to fight the corner of their own interest. That goes against all good governance. I know this is an advisory committee, rather than a corporate governance body per se, but the principles of good governance surely ought to remain none the less, so the last thing the commissioner needs is a body where people are too busy protecting their own perceived interest and are not thinking about the integrated approach that is necessary. I strongly urge the Government to revisit this. They will find that in public organisations—and I am sure it is the same in other sectors—the idea that today we appoint people to be representative rather than to bring a breadth of experience and work together is not right, and I hope the Government will agree to reverse this.

Baroness Featherstone Portrait Baroness Featherstone (LD) [V]
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My Lords, I will speak to Amendment 39, in my name and that of the noble Lord, Lord Paddick, on the composition of the advisory board. This amendment is straightforward and brief, and is simply to ensure that men who are abused and those in same-sex relationships have a knowledgeable and expert advocate on that board.

As a Home Office Minister and Equalities Minister during the coalition, with responsibility for domestic violence in my portfolio, I met victims of all types and visited refuges of all types. The different issues that arise for men who are abused can be profound. As my noble friend Lord Dholakia said, they are less likely to report abuse and often feel ashamed if they are abused. They can feel that they are not proper men and more, so there is a need for specialist response and services. The same is true with the issues in same-sex relationships.

Of course, the majority of domestic abuse is against women by men and I know that among the many fantastic groups, charities and provision for women there is a wealth of experience. However, a substantial minority of men are victims too and their experience can often be less well understood. I noted the Minister’s earlier remarks about ensuring that the commissioner has freedom to appoint to her own requirements, and I know that it is the intention of this Bill that all people who suffer domestic abuse are covered by the legislation. However, I believe that it is important to ensure that this expertise is mandated in the board’s structure to enable it to succeed fully in its function, as the advisory board will be such an important underpinning for the commissioner. I am sure that there will still be, and should be, as other noble Lords have said, latitude for the commissioner to appoint above and beyond any statutory places.

Lord Paddick Portrait Lord Paddick (LD) [V]
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My Lords, there appears to be no reasonable argument for limiting the number of members of the advisory board. Surely there should be as many as the commissioner believes to be reasonably necessary, as suggested by our Amendment 37. As my noble friend Lady Hamwee has explained, it should not be that at least one member of the board must represent the interests of victims of domestic abuse, but that they should have expertise and experience with regard to the victims of domestic abuse. I thank the noble Lord, Lord Hunt of Kings Heath, for his support on this point.

It is quite clear that different victims will have different needs, in particular, those from minority groups, including black, Asian and other ethnic minorities, those with disabilities, male victims and those from sexually and gender-diverse groups. Were there to be a representative from each of these groups, it would be a very large advisory board indeed. Someone could have expertise in and experience of dealing with more than one minority group, hence Amendment 38.

Amendment 40 suggests that at least one member of the advisory board should have

“experience of or expertise in both”

policing and criminal justice, and not, as Clause 12(4)(e) suggests, that they

“represent the interests of … policing or criminal justice.”

As my noble friend Lady Hamwee has explained, it is essential that the police, the CPS, the courts and the prison and probation services all work together to tackle domestic abuse. Therefore, it should not be, as the Bill currently suggests, someone representing either the police or other parts of the criminal justice system.

Again, as my noble friend Lady Hamwee has said, having included children as victims in Clause 3, it seems necessary to have someone with expertise and experience in children’s health and well-being on the advisory board. The lifelong impact of adverse childhood experiences on the health, well-being and propensity of young people to engage in criminality is well documented. Witnessing domestic abuse is but one of these ACEs.

Domestic Abuse Bill

Baroness Featherstone Excerpts
2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021

(4 years, 11 months ago)

Lords Chamber
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Baroness Featherstone Portrait Baroness Featherstone (LD) [V]
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My Lords, for all five years of the coalition, I was the Government’s ministerial champion for tackling violence against women and girls overseas. That was concurrent with two and a half years as Equalities Minister and Home Office Minister, and then two years as a DfID Minister. In those years at DfID, I saw a level of domestic abuse against women that was off the scale. It is hard to pick examples, but a few have stayed in my mind. A woman approached me at a refuge run by Marie Stopes in Uganda. She held her baby with two different-length stumps of arms; they had been cut off above the elbow when her husband attacked her with a machete for being late with his dinner. In Mozambique, there was a post-violence counselling support group for couples where alcohol had been involved, as it often is. Male perpetrators were invited with their abused partners. If the men did not turn up, they were invited again. If they still did not turn up, the police would escort them to the meetings. We could take a leaf out of that book. I also talked to girls on a university campus in Ethiopia who were studying to be engineers and doctors; several of them had been assaulted. They had a police presence on that site but said that, if they reported assault, they were as likely to be raped by the police as helped by them.

At DfID, I launched the biggest funding initiative in the world to tackle FGM—female genital mutilation—working with Nimco Ali, activists and campaigning groups in Africa, introducing and spearheading the government work, supported by brilliant, committed civil servants at DfID and by the British media, particularly the Evening Standard. I am delighted that, subsequently, the Government have continued with and raised those funds. There is no greater symbol of man’s inhumanity to woman then FGM—and further inhumanity in the psychology of women who carry out the act. It was the same in each country that I visited.

I talk about foreign lands but, sadly, there is nowhere in the world where women are not oppressed, suppressed and brutalised, including here in the United Kingdom. While it may be subtler and better-hidden in this country, it is endemic and still an outrage and an absolute abomination. That power and that control over women and girls are evident here in our country, just as so many have described. Violence, coercion and control come in many forms. When I was at the Home Office, I saw a volume and depth of everyday violence and abuse, mostly against women, which was sometimes dramatic, sometimes hidden, sometimes subtle, but always shocking and unacceptable in a so-called civilised society and a first-world country. There are so many examples. I visited a school in London where girls in gangs were forced to give oral sex to a line of boys. I visited refuges where stories of cruelty and abuse abounded and where women could not move on with their lives because there was no housing to move on to.

I hugely welcome this Bill. I want the Government to adopt all the proposed amendments; I am particularly impressed by and supportive of the amendment proposed by the noble Baroness, Lady Newlove. However, I also want men to change and be changed—to end the belief that some men have in their birthright to order women’s lives, punish them, damage them and control them. There are many good men out there; this is not fair on them either. There are also men who are abused by women. No one has any right to abuse anyone else. Domestic abuse goes to the heart of how we treat each other; it is about behaviour and what we accept as a society. So let us also work for prevention and, alongside this excellent Bill, have a concerted programme for early intervention and teaching from nursery upwards. Change must come.

Stalking and Domestic Violence

Baroness Featherstone Excerpts
Thursday 24th November 2016

(9 years ago)

Lords Chamber
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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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These offences, in particular the stalking offences, are relatively new. As I said, the Government keep legislation under review all the time. We will look at it if there is evidence that it needs to be changed.

Baroness Featherstone Portrait Baroness Featherstone (LD)
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My Lords, as the Minister said, during the coalition years laws were introduced so that a woman could stay in a house with an emergency order over the weekend, extendable up to one month. How many of those have been issued?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I will have to get back to the noble Baroness on the exact numbers, but that system is still in place. That has not changed.