Domestic Abuse Bill
Baroness Jones of Moulsecoomb ExcerptsWednesday 3rd February 2021
(3 years, 4 months ago)
Lords ChamberRead 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-V Fifth marshalled list for Committee - (3 Feb 2021)
“(c) pending a fact finding hearing or has been found to have committed domestic abuse in a previous fact-finding hearing; orwho has a criminal conviction for a domestic abuse offence.”Member’s explanatory statement
This new Clause seeks to change the presumption that parental involvement furthers the child’s welfare when there has been domestic abuse. It also prohibits unsupervised contact for a parent awaiting trial or on bail for domestic abuse offences, or where there are ongoing criminal proceedings for domestic abuse.
Baroness Jones of Moulsecoomb (GP)
My Lords, some of the earlier amendments to the Bill have been about removing stress from survivors, particularly when they are in court. I support Amendment 130 moved by the noble Lord, Lord Rosser, and my amendment is a friendly amendment. Our amendments are about removing stress from children, which I think noble Lords will agree is a very noble cause. As other noble Lords have found, we have been contacted by an incredible number of people and organisations, who have explained that this is a problem and it needs fixing. The presumption of contact in certain family law cases involving domestic abuse needs to be rethought. Obviously, it is incredibly important in many family situations to help children maintain contact with both parents, but in circumstances of domestic abuse this can be precisely the opposite of what needs to happen and can result in disaster.
The whole point of family courts is that they are supposed to be about the welfare of the child, but it seems that too often a court maintains contact in situations that are obviously very harmful to children. The courts apply this presumption of contact too rigidly. Rather than acting as a presumption which can be rebutted, it has become more of an overriding obsession. It has been described as creating a “culture of contact” which pervades the entire family court system and then excludes other aspects of a child’s welfare, including listening to the child’s wishes and protecting them from abuse.
This culture of contact has led to serious tragedies. As the noble Lord, Lord Rosser, mentioned the Women’s Aid report Nineteen Child Homicides documents 19 children in 12 families who were killed at the hands of abusive fathers during unsupervised contact between the years 2005 and 2015. One example of a tragedy was Darren Sykes, who murdered his two children and took his own life by setting fire to his attic. Despite a consistent history of domestic abuse, and against the wishes of the two little boys, the pro-contact culture of the family courts led to Sykes being granted unsupervised contact with the children for five hours each week. This culminated in him taking the boys up to the attic, barricading the three of them in, and setting multiple fires. Mortally wounded, one of the boy’s last words were spoken to a firefighter. He said, “My dad did this, and he did it on purpose.”
Each one of these deaths is a preventable tragedy. Your Lordships have a duty, through the Bill, to prevent each one of them happening again to another child. My amendment to Amendment 130 has a straight- forward purpose: to ensure that unsupervised contact is not granted where the court has found that domestic abuse has taken place, or where there is a relevant criminal conviction. It should be put beyond doubt that a parent cannot have unsupervised contact when they have been proven to be a domestic abuser. This is a simple proposition: too many children are murdered by parents who are known—and who have been shown —to be abusive. We must protect these children and say, “Never again”.
Baroness Gardner of Parkes (Con) [V]
My Lords, I am very supportive of the Bill. The mental and physical damage of domestic abuse goes far beyond the pain and anguish caused at the time it occurs and stays with victims and their families for many years, if not for the rest of their lives. It is important that we do all we can in this legislation to help victims to get out of abusive relationships and rebuild their lives.
I will speak on Amendments 130 and 130A and propose to add parental alienation to the definition of abusive behaviour and, therefore, every provision of the Bill. I fear that the amendments may undo much of the work which the Bill seeks to do to protect victims of domestic abuse and swing the pendulum of control back to the perpetrator of that abuse, rather than the victim, if they make counter-allegations.
Without meaning to sound flippant I say that, at the extreme, any parent going through a break-up or divorce could find themselves accused of domestic abuse under this Act. That is not what the Bill is intended for. I wonder if the concerns of noble Lords on these amendments are already covered by the combination of Clause 1(3)(e) and (5). Alternatively, if they had a specific instance in mind, they should look at where that can be catered for in specific clauses, not by a wholesale change to the entire Act in this way.
The noble Lord, Lord Marks, has made it clear that direct cross-examination can cause great distress. It is important to help all people in vulnerable situations. I can see these amendments having massive unintended consequences if they are included. I urge the House not to accept either of these changes, so as to maintain the integrity of the Act.
Baroness Jones of Moulsecoomb (GP)
My Lords, I thank all noble Lords who contributed to this extremely valuable debate. In particular, I thank the Minister for his sympathy for our point of view. As he says, there are real consequences in rejecting these amendments. I note the heavyweight opposition on several points but I am not convinced. The fact is that we have a problem and just rejecting these amendments will not solve it. I hope that there will be further working together on this, and that noble Lords will forgive me if I do not note all the responses, as it was fairly clear these amendments will not be going forward.
I really want to thank the noble Baroness, Lady Burt of Solihull, for her very constructive comments. The fact is that, as she said, we can underestimate the damage done by perpetrators. This is the problem. We have not fixed the problem of children’s deaths through abusive parents. Going forward, I want to find out how we can solve that problem. Let us please remember that deaths are a figure we can point to but that mental, physical and emotional abuse are much harder to quantify. This must happen. If we have 20, 24 or 60 deaths, whatever, then a multiplicity of other abuses will have happened. We must take that into account in rejecting these amendments. I said at the beginning of the debate that there is always a presumption of parental involvement—that it is better to have two parents involved—but the way that things stand at the moment is too strong, so this must be rethought.
I beg leave to withdraw my amendment and presume that the amendment of the noble Lord, Lord Rosser, will also be withdrawn. I feel that he was absolutely right to table his amendment, because it has enabled a debate. Hopefully, we will move forward and find a solution.
Counter-Terrorism and Sentencing Bill
Baroness Jones of Moulsecoomb ExcerptsTuesday 26th January 2021
(3 years, 5 months ago)
Lords ChamberRead Full debate Counter-Terrorism and Sentencing Bill 2019-21 View all Counter-Terrorism and Sentencing Bill 2019-21 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 129-I Marshalled list for Committee - (21 Jan 2021)
The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
I call the next speaker, the noble and learned Lord, Lord Morris of Aberavon. I think we are having some problems with him, so I call the noble Baroness, Lady Jones of Moulsecoomb.
Baroness Jones of Moulsecoomb (GP)
My Lords, I have a slightly embarrassing confession to make. When I first decided to get involved with this Bill, I thought it was a completely different Bill. Having realised what is was about, I then realised that it is one of those bits of legislation that is a bit rushed. It reminds me of the Dangerous Dogs Act 1991, which was rushed through Parliament because of public concern about, I think, 11 very dangerous and nasty incidents of people being savaged by dogs. It proved to be, first, a not very effective piece of legislation, and then, a not very popular one. I also had not realised there would be so many eminent lawyers involved in this debate, and I feel slightly uneasy, because I am coming into this as a member of society who has a very practical reaction to this sort of legislation. I do not believe that locking people up and throwing away the key is the best way of treating them, for all sorts of reasons. I do not mean for them, necessarily, but for society and the whole prison system.
This amendment goes to the heart of what we are trying to achieve when we sentence terrorist offenders. Are we locking up monsters and not letting them out again in the hope that prison is going to crush or contain them, or whatever? Or are we locking people away to protect society for as long as it takes to teach them the error of their ways and, perhaps, confront them with the consequences of their actions and return them to society as re-engaged citizens?
Statistics suggest that only a tiny percentage of people who have been locked up for terrorist offences come out and reoffend. We need to look at that and be practical about what we are trying to achieve. It is easy for the Government to appear to be tough on crime, throw red meat to the tabloids and satisfy the people who think that anything less than the death penalty for almost every crime is being soft on crime. I think there might be people on the Government Benches who think like that. But it is much harder for the Government to do the tough work of reintegration into society, which is a much more effective use not only of money but of resources. Locking people up in an extremely expensive prison service just teaches people to be better at crime while they are there.
As we have seen in the United States, extremist ideologies have spread among our own western societies. The so-called QAnon conspiracies, fuelled by Donald Trump, and promulgated across the internet, TV, and among the Republican Party, led people to hope for mass arrests and the execution of their political opponents. This is a domestic terrorism movement, which is growing and exists here in Britain. We are going to be encountering a completely different sort of terrorist: a white terrorist, just for starters. The Government have to step up. The problem is growing, and the solution is not just to lock more people up but to learn how to deal with this at source and also once people have offended. The Government need to rethink this a little bit, and be a bit more practical, and less reactive to perhaps transitory public opinion.
The Deputy Chairman of Committees (Lord Russell of Liverpool) (CB)
The noble and learned Lord, Lord Morris of Aberavon, has withdrawn from this group, so I call the noble Lord, Lord Marks of Henley-on-Thames.
The Deputy Chairman of Committees (Baroness Henig) (Lab)
The noble and learned Lord, Lord Morris of Aberavon, is not on the call, so I call the noble Baroness, Lady Jones of Moulsecoomb.
Baroness Jones of Moulsecoomb (GP) [V]
My Lords, I would like to say everything I said on Amendment 7: we need effective rehabilitation, deradicalisation and reintegration of terrorist offenders. Right-wing extremism is growing. Research by HOPE not hate found that one in four people in Britain believe at least some element of QAnon conspiracy theories. These conspiracies allege that the world is run by satanic paedophiles who eat babies and want to kill 90% of the world’s population. The only logical solution for anyone who believes that is to fight and kill the people in charge, to stop it happening. The attack on the Capitol was only the beginning of such madness.
We are likely to see violence here in the UK too as a natural consequence of growing belief in these conspiracy theories. However, whatever the motivation of terrorists, the common theme is that they have been brought into such a deeply flawed belief system that they are prepared to inflict severe harm on other people. The only option is to repair those belief systems so that the perceived wrongs are no longer so severe as to justify harming innocent people.
I hope the Government can see that this problem will happen and will expand. We need better legislation to cope with it, and better practices inside and outside prisons.
Lord Robathan (Con)
My Lords, I listened carefully to the noble Lord, Lord Hunt, and agreed with a great deal of what he said—and I understood it all. I realised that that was because he is not a lawyer either. Nevertheless, even as just a layman, I think we all appreciate how hugely difficult this issue is. I also listened to the very sensible comments of the noble Lord, Lord Carlile; he has huge experience of this matter. It is terribly complicated, and wishful thinking will not make it go away.
The strategy we are talking about is very important, but this has been going on for at least two decades and I do not have total confidence in deradicalisation or rehabilitation. Neither does Jonathan Hall, who is currently carrying out his review. We talk about rehabilitation but Usman Khan—who the noble Lord, Lord Carlile, mentioned—killed his mentor, Jack Merritt, who believed in his redemption and had faith in his deradicalisation, because Khan managed to lie successfully. Do polygraphs and lie detectors find this out? I do not know.
I agree with many of the points made by the noble Lord, Lord Carlile, and others. This hugely complicated issue needs further thought and deep consideration of how, if at all, we can solve these problems. With religious fanaticism or a fanatic ideology, is it possible to deradicalise people? I do not know. Are we talking about what was mentioned earlier, those no-hope sentences? I hope not. Should we throw away the key as the noble Baroness, Lady Jones, suggested some of us want to do? I hope not, because I think people have to have some hope. However, I do think we need to have greater depth of thinking in this. I say to the Minister that we need to be looking at this in such depth that it may be we are still discussing it in a year’s time.
Lord Ponsonby of Shulbrede (Lab) [V]
My Lords, I will be very brief on this amendment. The two previous groups have been groups of substance, and serious questions have been asked about the way forward. The amendment in my name would create provisions for a review of whether the removal of the Parole Board from considering certain types of terrorist offences leads to bad behaviour. That is a central point in many ways in the last two groups, but it has also been mentioned as an issue in many of the amendments that we have discussed today. I beg to move.
Baroness Jones of Moulsecoomb (GP)
My Lords, I welcome the noble Lord, Lord Wolfson of Tredegar, to our House. It is brave of him to start his parliamentary career in your Lordships’ House by going up against so many noble and learned Lords. It is going to be absolutely fascinating watching that.
I congratulate the noble Lord, Lord Ponsonby of Shulbrede, for bringing this amendment. I wish I had signed it, because it is very good. It is about whether we want to rehabilitate prisoners and bring them back into society or just want them to rot away and hope they disappear.
I am sure noble Lords will know that the new independent reviewer of Prevent has been announced. It is William Shawcross, whom I do not know at all. As somebody who is a critic of Prevent—I have seen the good and the bad in it—I would say that the optics are not good. Having a white man from Eton and Oxford is possibly not the message that this Government should be sending out when you have critics of a programme that could have been fantastic.
I saw one case of a Prevent programme—in Birmingham, I think—where a young man had been recovered, or rehabilitated, from a radical programme. He had been a right-wing activist, but he responded to being found a job and a house. I am not saying it is always this easy, but rehabilitation was based on taking him out of poverty and deprivation. That is something that we do not see enough of.
However, to return to the amendment, it would require the Government to review the situation and report to Parliament, and I support it very strongly.
Lord Carlile of Berriew (CB) [V]
My Lords, the town of Tredegar is noted for its town clock, which was erected, or at least its plinth was, as a result of funds collected at a bazaar. I believe that information to be correct—and from my position in my home I think I can see the noble Lord, Lord Wolfson, nodding in agreement with those facts. The Tredegar clock is always regarded as a symbol of the stability of the town—a town that has been through thick and thin, having been a place where coal was mined and steel manufactured.
The Parole Board has become one of the pillars of our prison system, and the board is seen as being as reliable as that town clock as it has developed over the years. I therefore join the noble Lord, Lord Ponsonby of Shulbrede, in being really rather determined to persuade Ministers that they should take another look at the role of the Parole Board in the sentencing and licence provisions provided for by this important Bill, which I support in principle, as someone who believes that the sentences for terrorism should be long but subject to a proper, just and reasonable form of review that gives reasons if it finds against a prisoner.
I am happy to support the amendment tabled by the noble Lord, not for its content but for the principle that it raises, and I invite the Minister to reflect accordingly.
Motoring Offences Review
Baroness Jones of Moulsecoomb Excerpts(7 years, 11 months ago)
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Lord Faulks
I am not aware of any assessment of the loss of revenue. I will certainly write to the noble Lord if such information is available. But it is of course perfectly possible to trace by the individual registration number, through computers, exactly who has the car and who should have the car.
Baroness Jones of Moulsecoomb (GP)
My Lords, will the Minister tell us whether the concept of the driver’s duty of care towards vulnerable road users will also be included in the consultation?
Lord Faulks
The question of vulnerable road users—cyclists, pedestrians and the like—is something that courts should and do take into consideration when sentencing anyway, but it is a matter on which consultation will evoke appropriate responses. The noble Baroness makes an important point.