Domestic Abuse Bill

Baroness McIntosh of Pickering Excerpts

Monday 15th March 2021 Lords Chamber

[Lord Rooker (Lab) [V]]

My Lords, I think I heard the noble Baroness, Lady Bennett of Manor Castle, say “bearing in mind the time of day” three times. I will say it only once: bearing in mind the time of day, I rise to support the noble Baroness, Lady Greengross. I spoke briefly on this in Committee. She is quite right not to press this to a vote. Notwithstanding the lateness of the hour or where it is in the Bill, more work needs to be done. I was not present, but I would be very pleased to learn the outcome of the meeting with the Minister. As I said in Committee, while I support the general thrust of both amendments, I could nitpick my way through some of the detail.

My central point, particularly in relation to Amendment 84, is that, like some of the other amendments we have debated today, it sends an incredibly powerful message to perpetrators. At the moment this problem is behind closed doors and not taken seriously among older people, notwithstanding the results of the polling that the noble Baroness, Lady Greengross, gave—which is pretty bad, of course. I can remember constituency cases in which similar kinds of things happened but it was always difficult to nail down, given the age of the people involved. The fact of the matter is that abuse takes place. Social workers having the power to force entry—they would do it not on their own but only with the police present anyway; and, as the amendment says, it would mean they had already been refused entry—would be a message to the perpetrators.

It would be incredibly powerful if the Government were able to take forward the issue of older people and the abuse they suffer, simply because it is not highlighted. It is not politically sexy; it is a dark and closed area for many people. The noble Baroness, Lady Greengross, is absolutely right to bring the issue back on Report. It will not be the last time we hear of this. I look forward to a positive response from the Minister to be able to give some comfort to those involved and a bit of strategy to send a message so that those perpetrating know that more action can be taken. Of course, the idea is to stop them perpetrating the abuse.

[Baroness McIntosh of Pickering (Con) [V]]

My Lords, I thank the noble Baroness, Lady Greengross, for bringing forward Amendments 83 and 84 on Report. I congratulate her on the progress that appears to have been made, particularly in light of her meeting with the Minister, which is very welcome news indeed.

I say that because, in connection with Amendment 83, I know there was a certain reluctance on the Government’s part to accept that this form of abuse against older people constituted domestic abuse. To a certain extent, I can understand that level of reluctance. I do not know what we would call abuse of an older person. If it is a younger person, the local authority acts in loco parentis in its responsibility for adult social care. This is, if you like, the reverse of “in loco parentis”; it is responsible for the adult social care for an older person. I believe progress has been made by these amendments being brought forward at this stage. It is absolutely essential that the local authority steps in in this way because, where no family members are available, the older person has no one else to turn to but the local authority acting in that capacity.

I also lend my support in principle to Amendment 84 for the reasons I gave in Committee. It is very important that we equalise the law as relating to powers of entry across the four nations of the UK. Subject to what my noble friend says in summing up this small group, I see absolutely no reason why we should be out of line with Scotland and Wales.

Finally, I ask my noble friend to give us a little more meat on the bones, since the noble Baroness, Lady Greengross, is not pressing these amendments to a vote at this stage. Could we have a few more details of what government action is proposed, the direction of travel and, ideally, a timetable?