(11 months, 3 weeks ago)
Lords ChamberThat would invite me to speculate as to when the next general election might be.
Can my noble friend tell the House what advice will be given to police in the interim period to deal with those causing harassment and intimidation at the gates of abortion clinics?
My noble friend will be aware that a number of powers already exist, particularly around public space protection orders, which have been issued in a number of cases. Some guidance is already being deployed to local authorities, which have the powers to impose those public space protection orders where harmful behaviours are having, or are likely to have, a detrimental effect on the quality of life of those in the locality. There is plenty that the police can do already, but, as I say, the commencement will be by spring 2024.
(3 years, 9 months ago)
Lords ChamberMy Lords, when considering these amendments, I thought at first about tackling the perpetrators guilty of persistent stalking and constant and continued terrorising or harassment of the victim. The kind of stories that we have just heard from the noble Baroness, Lady Newlove, in the testimony about Cheryl is what came to mind. For anyone who has experienced, or known friends or family on the receiving end of, that kind of treatment—constantly living under the awful reality of fear, looking over one’s shoulder and sometimes then facing police indifference or negligence—that is what springs to mind, as it did for me when I first looked at these amendments.
Yet I have some real qualms and queries about these amendments and feel that, however emotive this topic is, we need to pause and be cool. At the very least, I think there is a need for more precision in terms of what or who we are talking about. Who, exactly, does this allow the law to target? What constitutes a serial offender? What constitutes a serious enough offence to trigger these kinds of perpetrator interventions? Are there any time limits at all on surveillance, the sharing of information or the labelling of someone as a perpetrator? I worry that we could bring our own prejudices and subjective views and assume that we all agree on who or what we are talking about.
The noble Lord, Lord Hunt of Kings Heath, stated as fact that
“past behaviour is the best predictor of future behaviour.”
I dispute that. It flies in the face of agency and the possibility of reform, and it is not necessarily the basis on which we should develop law. We should certainly suggest that it is not always true. We heard the terrible story of Colin, whose past behaviour went on and escalated. But this Bill broadly spells out abuse to include a huge range of different types of behaviour. Do we always think they will escalate and end up as murder?
We are told that if somebody moves and starts a new relationship or moves away, they must report to the police, but that assumes that they will always be an abuser. We assume the police should have the right under Clare’s law to warn partners. But again, I want to know: does that mean we consider abuse a permanent feature in somebody’s personality? I worry about a national system of surveillance that follows around somebody dubbed a perpetrator that involves all state agencies. This amounts to state stalking of those labelled as abusers. I worry when perpetrators are accused in this Bill of hiding in plain sight, as though they are permanently committing offences, when maybe they are living in plain sight as citizens who have done the time for their crime and are not offending. Why do we always see them as perpetrators?
Of course, the most extreme examples are being given here today, and some of those terrorising examples of the most violent abusers, leading to preventable murder, are what concern me and many others here. Yet this legislation has broadened the meaning of abuse to an ever-expanding number of behaviours, as though all of them are escalating behaviours. I worry about losing a sense of perspective and justice. I worry that we end up focusing on offenders, not offences. For legislators, that is nerve-wracking. I do not think that if somebody has been abusive, they should for ever be tarred as abusive or we should see it as predetermined that they will carry on.
We will go very close, if we are not careful, to seeing certain people as malevolent, dangerous and evil. Are we saying those who have ever committed any of the multitude of abuses named in this law are a peculiar breed of criminal who, inevitably, no matter what, will strike again, and will carry on posing an ongoing threat? It is far too reminiscent of outdated views about “criminal types”, and that view of people has a long, unsavoury history.
The noble Baroness, Lady Bertin, earlier asked us to “spot the signs”, but I am worried about us wandering around spotting signs in people. In an earlier part of this Committee, we were told that football matches and drinking might lead to domestic abuse. The “spotting the signs” version of legislative change strikes me as being too arbitrary and rather dangerous. Whenever we discuss domestic abuse, I often detect a lurking class prejudice. But the most important thing is the danger of lumping together a variety of individuals and behaviours.
I will make one point as an aside. Many noble Lords have mentioned that we all received a huge amount of information before these amendments were discussed. That is true, and in the debate so far those briefings have been used as evidence. I will make a caveated note about what constitutes evidence. When people stand up and say “But the evidence shows”, it is not quite the same as the evidence of the efficacy or safety of, for example, a vaccine against coronavirus. The evidence we are sent as legislators is often commissioned by, and presented by, lobbying organisations. Their briefing documents, much repeated in this House, might be repeated as facts or truth, but they are not always objective —or, in fact, factual. At the very least, we should recognise that they can be contentious. So, I ask for some caution that, while we want to deal with the most extreme examples, in the course even of this discussion facts and evidence have been thrown in that have been ideological than helpful.
My Lords, we have debated at length whether our laws are sophisticated enough to catch all the terrible subtlety and invidiousness inherent in domestic abuse. It is important, though, that we also consider what can be done by way of prevention and reform. It is for this reason that I speak in support of Amendment 167 in the name of my noble friend Lady Bertin and other noble Lords.
I say, first, that not a penny should be spent on perpetrator programmes until we are sure the victim support provision is comprehensive. But where it is, we should also look at perpetrator strategies. We must do all we can to help victims, but our ultimate aim is to come as close as we can to eradicating domestic abuse from our society. Here, we are looking to reform individuals but also to weed out the idea that domestic violence is somehow a normal part of existence. Our targets are as much perpetrators as their children and extended families. It is right, then, that the Government should come forward with a perpetrator strategy, and one year should suffice to ensure it is sufficiently thought through and properly resourced.
In particular, I call attention to proposed new paragraph (a),
“improving the identification and assessment of perpetrators.”
Everything we have heard throughout the passage of this Bill has been about domestic abuse and its victims falling through the cracks—cracks in public health, cracks in early intervention, cracks in enforcement and cracks in sentencing. We need to get ahead of this crime wherever we can, and that means getting better at identifying perpetrators as well as victims to lessen damage and expedite justice and reform.
A large number of organisations, including those that support victims, have come forward to say they support this amendment and call for the Government to create a perpetrator strategy. The only caveat I would offer is that we should make sure that the strategy is thoughtful and comprehensive and that the programmes it offers are quality-assured. I read with interest the debate from the other place, where Members heard stories of providers that were not only opportunistic but unqualified bidding for contracts to provide perpetrator programmes. But if we get this right, the effects could be profound.
Other noble Lords have mentioned the Drive project, which works with high-risk, high-harm abusers—in other words, the worse and most dangerous perpetrators of domestic abuse. A University of Bristol evaluation found the Drive project reduced the number of perpetrators using physical abuse by 82%, and those displaying jealousy and controlling behaviour by 73%, and that it was similarly effective in reducing other types of abuse. In other words, if we have a strategy that supports quality-assured programmes such as these, we can prevent abuse, reform perpetrators and save lives.
My final point is a call for the Government to ensure that funding is available for such programmes consistently and universally. Local authority budgeting cycles or geographical location should never prevent such provision being available. The consequences are simply too profound for postcode lotteries. Domestic abuse is unfortunately ubiquitous and, if we are to attempt to eradicate it, our support programmes must be too.
(3 years, 10 months ago)
Lords ChamberMy Lords, I add my support for this Bill to that of my noble friends and colleagues across the House, and I pay tribute to all those who have worked so hard to enable it. We are united in our condemnation of domestic abuse but also in our recognition that the law has let its victims down for too long. Domestic abuse is often unseen, manifesting mentally as well as physically. It is the responsibility of multiple agencies and authorities, and it often takes place within the denizens of seemingly loving and intimate relationships—areas where the law finds it much more difficult to tread. In short, it falls between the cracks, and these cracks have surely widened during the pandemic. Circumstances leading to domestic abuse have become much more acute, and it is time the law caught up and started to support and reduce the number of victims.
Time is necessarily short, so I want to focus on three areas, all of which have been mentioned before. The first is community services. Some 70% of people experiencing domestic abuse will access support via community-based services. These include independent domestic violence advisers, who provide anything from housing and court advice through to health and emotional support. The Bill provides a statutory-based duty to provide accommodation-based services, and this is to be welcomed. But unless it is extended to community-based services, we are simply leaving another crack for victims to fall down. Some 70% of domestic abuse victims will never set foot in a refuge. Charities have expressed fears of a two-tier system, with patchy and inconsistent community-based support. We must ensure that geography is not a barrier to getting help and getting out.
The second and third areas concern offences that speak to the insidious subtlety of domestic abuse, specifically coercive control and non-fatal strangulation. On the first, I hoped that the Minister would be able to give an update on the Home Office review of the offence. But in the meantime, I would like to lend my support to extending the definition of coercive control to include economic abuse and to urgent calls to make sure the offence applies post-separation. It is not hard to imagine abuse continuing when a relationship has ended and victim and perpetrator no longer live together. When physical access has been mercifully denied, economic abuse is often the sting in the tail. One in four women experience this after the relationship has ended.
Finally, and here I pay particular tribute to the work of my noble friend Lady Newlove, I wholeheartedly support the move to create a separate offence of non- fatal strangulation. Many noble Lords have talked about this. Strangulation is the second most common cause of female homicide, and it is not hard to imagine how the non-fatal version can be used as it is—as a tool to exert fear and control. Most victims experience a real fear that they will die, causing the worst of long-term mental health issues, such as suicide and PTSD.
Yet there is a poor understanding of the crime and its impacts, and chronic undercharging under the current law. Many instances are tried under common assault, meaning that sentences simply do not fit the crime. New Zealand and 37 US states have introduced a new law to recognise non-fatal strangulation as a distinct offence. It is time we did the same.
Domestic abuse needs a multifaceted and nuanced legislative approach to ensure that its victims are protected and supported and its perpetrators prosecuted, punished and deterred. We must cease our collective reliance on other parts of the law to offer adequate protection. This bespoke Bill is a welcome step towards providing that protection, and I am pleased to be able to support it.
(7 years, 8 months ago)
Lords ChamberTo ask Her Majesty’s Government what progress has been made by the Hampton-Alexander review on increasing the gender balance in FTSE companies.
My Lords, since 2010, the number of women on FTSE 350 boards has more than doubled, and there are now only 11 all-male boards. Last November, the government-commissioned, business-led Hampton-Alexander review published its first report, focused on senior executive positions in FTSE companies. The Government support the challenging targets for 33% of senior leadership positions in the FTSE 100 and 33% of FTSE 350 board directors to be women by 2020.
Does my noble friend agree that the private sector has much to learn from the pioneering work we led in the Cabinet Office in the coalition Government, when the proportion of women newly appointed to the boards of public bodies rose from 36% to over 48% by 2015? The key barrier that we broke down was an excessive insistence on previous track record and experience in similar roles, which meant the same people being constantly recycled from one public body to another. I am told the same constraints often operate in the private sector. Will my noble friend explore whether replacing the requirement to show a lengthy track record with an insistence on talent and capability could achieve the same breakthrough in the private sector?
My noble friend makes a very valid point, and I congratulate her on her extensive work on modernising and increasing diversity in the public appointments system. During the Davies review, the Government launched a code of conduct for executive search firms, which required signatories to ensure that significant weight is given to relevant skills, competencies and personal capabilities, rather than just a narrow focus on career experience. The Hampton-Alexander review continues a focus on recruitment: the fifth recommendation in its first report is for search firms to redouble their efforts and consider extending the code of conduct to include recruitment to senior executive roles.