27 Baroness Newlove debates involving the Home Office

Wed 10th Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Mon 1st Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Mon 25th Jan 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords & Committee stage
Tue 5th Jan 2021
Domestic Abuse Bill
Lords Chamber

2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Fri 8th Sep 2017
Modern Slavery (Victim Support) Bill [HL]
Lords Chamber

2nd reading (Hansard): House of Lords

Domestic Abuse Bill

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

(3 years, 3 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)
We need not only MAPPA-plus, and a new category four, but more training for police officers and others involved in taking full histories from vulnerable victims—coaxing out of them full accounts of what has happened, even when those victims are reluctant to give such accounts—and in following up on reported attacks, recognising risk, protecting victims and monitoring perpetrators. I agree with my noble friend Lord Paddick that this also means a change in education and culture, among children about relationships and in society at large. Effective monitoring would go a long way towards protecting likely victims if the arrangements were made to work well, but there is much more that could be done to protect women and girls from future offences.
Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, I add my support to Amendment 164 in the name of the noble Baroness, Lady Royall. I do so as, in my former role as Victims’ Commissioner, I met many heartbroken families suffering from the loss of a dear loved one. In having such discussions with them, listening was really heartbreaking, especially knowing that nothing would bring their loved ones back.

I also speak on a personal level, albeit not about domestic abuse but about systems. In 2007, my late husband was murdered by a gang of youths. I found out afterwards that when a murder happens, the Home Office asks agencies to see if those charged are flagged up on their systems. To hear the background information of criminal activity is just shameful—even more so given that when I was a key speaker at an agency’s conference, I heard another speaker go into further detail on the procedures of gathering information for the Home Office. I ask the Committee to imagine the emotions going through my heart as I listened to a speaker that day describe how their agency breathed a sigh of relief that the offenders were not on its system as a red flag. However, I found that not to be true: one of the defendants was out on bail, awaiting sentence for a violent offence. Earlier on in the day when Garry was murdered, the defendant had appeared in court for a breach of bail and been bailed again with conditions that he then went on to breach in not just one attack but a further attack that night, which was Garry being kicked to death.

There have been some excellent speeches and they have been heartrending to listen to. I add my thanks to Laura Richards, the founder of the Paladin National Stalking Advocacy Service, for her outstanding briefing. I commend her on her many years of hard work in helping families to understand why. In fact her briefing makes for extremely distressing and deeply disturbing reading, especially, as others have already mentioned, her outstanding report about 30 perpetrators, which describes a total of 109 women and children who were seriously harmed or murdered. In all those cases, they were let down by systemic failure. The cases highlight the failure of information-sharing, risk assessment and management across all agencies. Put simply, the focus should have been on the perpetrator and there should have been a MAPPA referral, but that rarely happens in practice regarding coercively controlling perpetrators and stalkers. This is exactly why a national co-ordinated mandatory approach is urgently needed for MAPPA to co-ordinate MAPPA-plus. Such systemic changes are urgently needed through law reform because, as Laura says, no amount of training has changed this.

The situation has to be dealt with as soon as possible, without more reviews that lead to no action because we are dealing with men who routinely terrorise and harm women and girls, who need protection now. As the noble Lord, Lord Hunt, mentioned, it is right, as we discuss such an important amendment to an important Bill, that we listen to a young lady’s horrendous story. It is only fitting to share it now. I have asked her permission so I am not reading this without her consent. She says:

“I must first introduce myself and share with you my own experience of domestic abuse. My name is Georgia Gabriel-Hooper. I am 17 and, along with my mother, I am a victim of domestic abuse. I was witness to the domestic homicide of my mother, only two months after my 14th birthday. I grew up with abuse in the home from a very early age. My parents divorced when I was two after my dad gambled and drank away all the money in the relationship, leaving my mum with major debts and a child to look after.

I faced the rigmarole of Cafcass, where it was decided that my father would get supervised contact for a period of time. He was soon allowed to see me away from the contact centre but subsequently chose to pay more attention to betting offices and alcohol than to his own daughter. I have now not seen him for five years, as he was more of a burden in my life than a parent.

My mum entered into another relationship while I was still young. This ended after several years, when I was aged approximately six. This relationship was extremely physically abusive towards myself, and we always found ourselves in the situation of having to make up excuses to people for why I was bruised. I used to be dragged up the stairs by my wrist and thrown into my room, even when I had not done anything wrong. I would be left with black bruises on my wrist and carpet burns and bruises from where I had tried to resist being taken away.

My mum was helpless in these situations: all she could do was stand and watch, as, if she intervened, it would only make the situation worse. We spent 10 months locking ourselves in a bedroom together at night, with three bolts fitted to the door to stop him being able to get to us. He also put nails in our car tyres and tacks on the drive. The police refused to do anything because the tacks he was putting down were on his own property, even though they were there with intent to harm.

Shortly after my seventh birthday, in 2010, my mum met my stepdad-to-be. At first, he was the most charming, lovely man, well respected by his peers. He was a farmer and undeniably intelligent. Andrew Hooper soon turned out to be our worst nightmare. He was an emotional abuser and extremely controlling and unpredictable. Unfortunately, my mum had a miscarriage roughly a year into their relationship. He made her sit on a wooden kitchen table all night and bleed into a bucket, as she was ‘dirty’ and ‘disgusting’. The abuse had already started long before this incident.

Coercive control is incredibly hard to spot. It is like carbon monoxide poisoning: you can’t see it, smell it or taste it until it is too late. My mum had a lot of friends and would often go out to meet them for a coffee or a meal at the pub. Andrew would punish my mum for this by giving her the silent treatment or humiliating her, in private or public. The mood swings and trouble that would come from venturing out eventually got too much, and my mum was cut off from a lot of friends. We could not even have people over to visit us, as he would make us all so uncomfortable that nobody wanted to come back, and my mum was too embarrassed to even ask.

At some point in the relationship, Andrew made Mum aware of a situation that had occurred in 2004 regarding his ex-wife which resulted in him pleading guilty to affray and receiving a four-year suspended sentence. However, we were never told the full details, and it would not have mattered either, as he would still have managed to manipulate us into thinking that that was okay. We, of course, did not know his ex-wife, which made it very easy for him to convince us that she was a psycho and deranged and that his actions were to rescue his son from her. By the time we found out what had really happened, it was, of course, too late.

Andrew and my mother wed in 2016. The problems were meant to go away, but they only got worse. At this point, he really did have my mum where he wanted her, and leaving was made even harder. Things came to a head in December 2017, when a drunken Andrew smashed a television and was messing around with guns in his cabinet in the middle of the row. It was at this point that my mum made the decision to leave. From start to finish, it lasted approximately six weeks.

We stayed at my nan and grandad’s until we could find a house that we could move into. We were incessantly stalked. He would be outside the house, monitoring when we were in. He would drive round to our friends’ houses, hoping to find us there, and, if we were not there, he would flip between crying and rage, trying to get them to convince Mum to go back. He told a close friend that, if he could not have her, nobody would.

He removed our car from the drive without us knowing, as he had found the spare key. He kept the car for a matter of days before apologising and letting us have it back. However, he had fitted a tracker to the car, so he knew every move. There was also a long string of suicide threats, including one where he drove to my mum’s place of work and sat outside with a loaded shotgun, saying he would kill himself then and there if she did not go to him.

We did manage to find a property that we could move into in early January 2018. We had been there for three weeks before Andrew murdered my mother. She had gone out with a friend for the evening, when Andrew showed up unexpectedly to question my mum about what she was doing. My mum was in an area she would never normally go to, so, suddenly, we realised that he had been tracking her car. He made threats to destroy our belongings but not of physical harm. I was at a friend’s house, and my mum had to text me to tell me to call him in an attempt to calm him down. I received an angry fit of rage down the phone from him; this was the last time he ever spoke to me.”

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Lord Kennedy of Southwark Portrait Lord Kennedy of Southwark (Lab Co-op)
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My Lords, I am delighted to support Amendment 174, moved by the noble Baroness, Lady Burt of Solihull. As she explained, the amendment will require the Secretary of State to

“issue a code of practice … containing provision designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support from their employer”.

There is an important issue here: as the noble Baroness told us, work may often be the only place where a victim can escape their abuser. An abuser, of course, may want to disrupt and cause the victim as many difficulties as possible, maybe with a view to driving them out of work, to make them more economically dependent on them or to drive them to destitution, so they are forced to rely further on the abusive partner.

The code is important because it will provide guidance to employers on good practice, on what the employer should be doing to get this right. Paragraph (6) of the proposed new clause puts this on a statutory footing and underpins the intent of the amendment. I am sure that the overwhelming majority of employers will want to do the correct thing and support their employee who is having difficulties, struggling and being abused, but they may not know what they could or should do. In that sense, the code is an important tool, because it will give the employer the guidance and direction needed to make, as the noble Baroness, said, those reasonable adjustments to support their employee.

My Amendment 182 seeks to put a requirement in the Bill that guidance provided by employers should include what support they should give the victims of abuse, including, as we have heard, the provision of paid leave. This is only guidance: in some ways, it is trying to do something similar to what Amendments 174 is doing but with the addition of paid leave, through guidance, rather than a code. It may or may not be more attractive to the Government; we will wait and see.

We must help victims of abuse. If they want to be in, or remain in, work, we have a duty to help them do that. It helps with their economic security, financial stability and even financial independence. When we talk about the issues in the Bill relating to domestic abuse, it is all about control—making people unable to be independent and completely dependent on their abuser. One of our tasks with the Bill must be to identify the points where the abuser seeks to take control and stop them exerting that control.

The relationship between employers and employees is important. The way in which employers can take reasonable action, make reasonable adjustments and take reasonable steps for victims of abuse on their payroll must be central to the aims of the Bill.

Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, I support Amendments 174 and 182.

In my former role as Victims’ Commissioner, I had the pleasure of meeting victims and survivors of domestic abuse, but it saddened me to hear that their workplace was the only thing that let them down, with no support from their colleagues. As has already been said, the workplace should be safe and somewhere where they feel they can escape from domestic abuse and coercive control. It should feel like a safe haven.

I have also met many victims who have gone back to work because, financially, they cannot afford to take time off. I was amazed to hear the story of a victim who was so upset that one of her colleagues went to the boss, saying that she could not cope. The victim was called into the office and asked to kindly keep her emotions to herself, as she was upsetting colleagues in the workplace. That story has never left me. It is hard enough to hold a job down, especially with the global pandemic, as we do not know what we will face when the lockdown is lifted and we are all able to go back to some kind of normality, but during the lockdown, victims of domestic abuse have experienced life in a pressure cooker environment. Therefore, we need to look at the workplace, and that is why I support both amendments.

There is a duty of care in the workplace. Workspaces, including the desk, the chair and the height of the monitor, have to be assessed. Surely it would be good if the designate domestic abuse commissioner worked with the Secretary of State on a code of practice to ensure that employers have a duty of care to give support to a person who is suffering domestic abuse.

We know that financial independence gives victims a way of empowering themselves and that a lack of such independence makes leaving a violent home a hard struggle. I know from speaking to victims who have left their home and gone into a refuge that they have had to give up their businesses and their independence. If they have money, they still have to pay the mortgage, and that is a hold that the perpetrator has on them.

A few years ago, I had the pleasure of going to a very early breakfast meeting with Jess Phillips from the other place. We had a meeting with the New Zealand MP Jan Logie, who was fighting to get paid leave for domestic abuse victims. I do not want to make too heavy a point about that but I applaud her success in getting that through the New Zealand Parliament after seven years of struggling to have her voice heard. She received applause in Parliament for getting that measure passed. Unfortunately, we know only too well that perpetrators like to use a pincer movement on their victims, especially with coercive control. As I have said in other speeches, they want to part their victims from their family and friends.

Our workplace is supposed to be somewhere where we can have open conversations. There might be a safe mentor whom you can talk to and unload the pressure so that you can go back to your home and relationship, having had some of the stress removed—albeit you will go through the same cycle again.

I support the amendments. I ask the Government to look at producing guidance on this issue, because we will see more and more people suffering financially, physically and mentally, and the perpetrator will enjoy every bit of that unless we empower the victim.

Lord Hunt of Kings Heath Portrait Lord Hunt of Kings Heath (Lab) [V]
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My Lords, I am glad to put my name to my noble friend Lord Kennedy’s Amendment 182, but I also welcome Amendment 174 tabled by the noble Baroness, Lady Burt. I see the two as complementary. I remind the Committee of my membership of Unison. I am pleased that we are returning to debating these really important workforce issues.

Experiencing domestic abuse can significantly affect a person’s work life as well as their home life. Victims may have to relocate, which impacts on their ability to get to work, and the effects of the abuse may affect their performance or ability to work at all. As I said in the debate on the group of amendments beginning with Amendment 57, domestic abuse is a trade union and workplace issue as much as any other form of abuse that affects workers’ conditions and income. Home and work issues cannot always be neatly separated, and abusive, violent behaviour does not take place only in the home; it frequently crosses over into the workplace, where victims experience stalking, threats, harassment and sometimes worse.

As the noble Baroness, Lady Newlove, just said, work can equally be a lifeline to independence and survival for victims of domestic abuse. They are able to leave their homes to go elsewhere and can maintain a level of income independent of the perpetrator. All victims should surely feel safe in the knowledge that they can take action to put their lives back on track, with their employment secure, and that they are protected while at work. I agree with the amendment of the noble Baroness, Lady Burt, which seeks the issuing by the Secretary of State of a code of practice. I would also like to see a guarantee that employers will be provided with guidance about the provision of paid leave, which is reflected in my noble friend’s amendment. Guidance really does go hand in hand with a code of practice.

Granting paid leave is one of the most effective actions an employer can take to support workers who are the victims of domestic abuse. Time off allows them the time and space to address the impact of the abuse, such as by receiving medical treatment, finding safe accommodation and attending court or police dates. The great thing is that some employers understand this. During the lockdown, we saw the introduction of safe spaces for the victims of domestic abuse by businesses across the UK, including Boots, Superdrug and Morrisons. This demonstrates the huge impact that businesses can have in supporting victims of domestic abuse. Some employers have policies in place that introduce other practical measures. For example, Vodafone plans to offer up to 10 days’ paid leave to victims of domestic abuse and to provide specialist training for human resources managers to enable them to support employees experiencing violence or domestic abuse.

Hestia is part of a coalition of domestic abuse charities and organisations carrying out a programme called Everyone’s Business, which aims to encourage as many employers as possible to consider how they can support employees being impacted by domestic abuse, so there is something to build on. Despite this, only 5% of employers have in place a domestic abuse policy of any kind. A provision in the Domestic Abuse Bill to make it mandatory for employers to provide care and support for employees suffering abuse has the potential to make a significant practical difference to victims and survivors alike. The domestic abuse commissioner supports the inclusion in the Bill of paid leave and guidance, and I hope very much that the Government will give this further consideration.

Domestic Abuse Bill

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

(3 years, 3 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-IV(Rev) Revised fourth marshalled list for Committee - (1 Feb 2021)
Lord Cormack Portrait Lord Cormack (Con) [V]
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My Lords, I congratulate the noble Baroness, Lady Featherstone, on a powerful speech in which she made some extremely important points, as have all the speakers.

I referred to this in the past as a landmark Bill, and it will be judged by the success, effectiveness and degree of protection it affords victims. The noble Lord, Lord Hunt, was, I think, the first person to make the point that most waking hours are spent at a workplace, and that place should be a place of safety. As for the perpetrator, he or she should have no hiding place and should not be able to pursue the victim when the victim is at work or going to work.

It is clear from the amendment tabled by my noble friend the Minister that the Government recognise much of this. However, I believe the Bill will be improved by referring specifically to “place of work” on its face. It will help to make sure that there is indeed no hiding place for the perpetrator and no place that is not a place of safety for the victim. I want the Bill to bring that message to all people in a completely unambiguous and all-embracing way. I am glad to give my support to these amendments.

Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, I speak in support of the group of amendments in the name of the noble Lord, Lord Kennedy of Southwark. I will keep my speech very short, as other noble Lords have made excellent speeches as to why it is essential that the word “workplace” be specified and stipulated when DAPOs are made. As the former Victims’ Commissioner I also met the families of Jane Clough and Hollie Gazzard. Their pain and sorrow have never left me. I have also received many emails about victims being threatened within the estate of their workplace and perpetrators stalking their victims on a daily basis. Their fear and the persecution which means that they have to look over their shoulders are shameful and saddening, as their vulnerabilities are shredded even more to pieces.

I therefore ask the Minister, even though the Government are making strides to recognise this, to look again and maybe accept these amendments. I ask that those who make the DAPOs use their discretion and common sense to specify that the victim’s workplace is protected as well as their home, so that no more lives are brutally taken from loved families. As the noble Baroness, Lady Featherstone, said, many of these cases do not make the headlines. Our workplace is somewhere we go to do our job, and lives are very stressful as they are. For these victims, who constantly have to watch over their shoulder, please can the Government look at specifying the word “workplace” to give them the safety that they should have in their workplace?

Lord Paddick Portrait Lord Paddick (LD) [V]
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My Lords, Clause 21 sets out what provisions can be made in a domestic abuse protection notice. Clause 21(1)(b) allows that a person may not come within a specified distance of where the victim lives. However, as my noble friend Lady Hamwee explained, this means that the perpetrator could abuse the victim at work, at the school where their child is a pupil or at a place of worship, to give but a few examples. Our Amendment 57 allows for the prevention of coming within a specified distance to apply to any specified premises in England and Wales. As such, I believe that our amendment also covers the circumstances covered by Amendments 58, 59 and 60, which refer to the victim’s place of work. I will return to that in a moment.

The Government’s Amendment 75 makes similar provision to our amendment for domestic abuse protection orders in that our Amendment 21 applies to domestic abuse protection notices and the Government’s amendment applies to domestic abuse protection orders. As such, I believe that the Government’s amendment covers the circumstances addressed by Amendments 74, 76 and 77.

Contrary to the view of the noble Lord, Lord Kennedy of Southwark, I am not convinced that specifying “workplace” is stronger than Amendments 75 or 57. It is certainly more restricted than “any specified premises”. I understand trade unions focusing on workplace protections but the issue is wider than workplaces. In future groups we will come to duties being placed on employers. We have to broaden our outlook here. What about unemployed victims, victims in full-time education or victims whose main support comes from a religious community in a church, mosque, synagogue or temple? Protection in the workplace is important but it is not the only place that should be a place of safety for victims of domestic abuse.

Government Amendment 78 means that the requirements imposed by a domestic abuse protection order must, as far as practicable, be such as to avoid interfering with the perpetrator’s work or the person’s attendance at an educational establishment. It will be a fine judgment in some cases whether to make the person covered by the order unemployed or unable to continue a course of education, as well as potentially homeless, but the safety of the victim of domestic abuse must be paramount.

Amendment 79 in the name of the noble Lord, Lord Kennedy, seeks to ensure that this is the case by removing the requirement contained in government Amendment 78 to avoid interference with the perpetrator’s work or education if the victim works at the same place as the perpetrator, or, potentially, works at a place where the perpetrator is studying.

The seriousness of domestic abuse, the impact it can have on the victim, and the very serious consequences for the perpetrator if it is reported, beyond any criminal sanction, need to be made clear to perpetrators. It could result in you losing your job or your place in education, as well as your home.

Domestic Abuse Bill

Baroness Newlove Excerpts
Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021

(3 years, 3 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-II(Rev) Revised second marshalled list for Committee - (25 Jan 2021)
Baroness Gardner of Parkes Portrait Baroness Gardner of Parkes (Con) [V]
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My Lords, I support 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 the 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 speak to Amendments 2 and 4, which propose to add parental alienation to the definition of abusive behaviour and therefore to every provision of the Bill. I fear that the proposed amendments may undo much of the work that the Bill seeks to do to protect victims of domestic abuse by swinging the pendulum of control back to the perpetrator of domestic abuse, rather than the victim, in making counterallegations.

Without meaning to sound flippant, at its extreme, any parent going through a break-up or divorce could find themselves of accused of domestic abuse under the Bill, and that is not what the Bill is intended for. I wonder whether the concern of the noble Lords who tabled these amendments is already covered by the combination of Clause 1(3)(e) and Clause 1(5). Alternatively, if the noble Lords behind the amendments have a specific instance in mind, they should look at where that could be catered for in specific clauses, but not as a wholesale change to the entire Bill in this way.

I can see these amendments having massive unintended consequences if they are included. I urge the Committee to accept neither change, to maintain the integrity of the Bill.

Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, I speak to Amendments 2 and 4 on parental alienation. As the former Victims’ Commissioner, over the years, I have spoken to many domestic abuse victim survivors, and I have spoken about parental alienation. I know that this issue has been raised several times over many years from several parts of the country. No doubt like others in this House, I have been inundated with briefings and emails from domestic abuse organisations and victim survivors.

Most recently, we have heard from the noble Baroness, Lady Brinton, and my noble friends, the domestic abuse commissioner, the Victims’ Commissioner, Dame Vera Baird, and the London victims’ commissioner, Claire Waxman, who all say that they are very concerned about parental alienation. As we have heard, the domestic abuse commissioner is very concerned about giving perpetrators of domestic abuse a weapon to silence their victims in the family courts.

Submissions to a Ministry of Justice report last year made it plain that parental alienation is a barrier to victims of abuse. Current practices around parental alienation expose domestic abuse survivors and their children to further harm. Once again, silencing the victims of abuse and erasing the voice of children in the courts leads to their being regularly misunderstood or overlooked.

The criminal justice system and the justice system have been part of my DNA since 2007, so it does not sit comfortably with me to say that I also disagree with the amendments. However, hand on heart, I say to my noble friend Lady Meyer that her speech was very emotional, heartfelt and powerful. The justice system is a very lonely place to be. It still feels very lonely, clinical and unemotional and my voice is unheard as I go through it every day. I agree with my noble friend Lady Helic and the speech by the noble Baroness, Lady Brinton. Parental alienation creates a loophole. It poses a huge threat to the validity of the Bill and will ultimately expose the survivors to the very harm that the Bill is designed to prevent. That is why I cannot support the amendments and ask my noble friends to withdraw or not to move them.

Baroness Fox of Buckley Portrait Baroness Fox of Buckley (Non-Afl)
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My Lords, I am sympathetic to the amendments, with some caveats. I am grateful to the noble Baroness, Lady Meyer, for her amendments, which are important for us to address. They may give us an insight into some of the broader issues of the Bill.

One point of emphasis in the legislation is the victim. Contemporary culture tells us that we should believe the victim. I understand that for those of us frustrated over the years that domestic abuse was not taken seriously as a heinous crime, and sometimes dismissed when reported, leading to tragic consequences, it seems reasonable to be victim-centred—to put the victim centre-stage. However, my concern is to ensure that due process is not neglected in this endeavour and that we have nuance when we discuss who is the victim.

We know from recent events, such as the egregious case of Carl Beech, that believing the victim per se can lead to false allegations with terrible consequences. In the context of domestic break-ups and family issues, sometimes when the bitterness of broken relationships centres, for example, on the custody of children—we have heard many examples here today—ironically, or sadly, accusations of domestic abuse itself can be deployed and weaponised to paint one party as a perpetrator and another as a victim, alienating the accused parent from their children, but without any proof of guilt; it is just an allegation.

However, that allegation or accusation of domestic abuse in that instance is a terrible stigma. Imagine that your mum or dad is labelled an abuser by the other parent. That can obviously lead to great pain and parental alienation, all without anyone’s guilt being proven. I just want to remind the Committee of the important principle of innocent until proven guilty and make sure that is not sidelined.

Ironically, the noble Baroness, Lady Brinton, claims that the very concept of parental alienation can be misused and lead to false allegations and, of course, she is right. But that is true of any piece of legislation, or any rule. Parental alienation can be falsely alleged but so can domestic abuse, but we do not suggest that we should not have legislation on that.

We might ask why in this debate we are so cynical and disbelieving of those who claim that they are victims of parental alienation. That seems very one-sided in a culture where we are told that we should believe the victims all the time. It is a reminder that claiming to be a victim is not proof and needs to be evidenced; that is not just in relation to the one issue of parental alienation.

The noble Baroness, Lady Helic, tells us that fathers are the majority who claim parental alienation, and then seemed to imply that this was proof of the misuse of the concept by perpetrators. To be fair, that seemed to suggest that fathers were perpetrators of domestic abuse, which, as I say, is an accusation that goes too far for me. It reinforces my worry that there is a bias against one parent—often gendered—based less on evidence than on prejudice. I say that not as a men’s rights activist, as somebody accused me of being the other day when I made this point, but as a women’s rights activist who thinks that we should be fair in this discussion.

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Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, we have had many speakers on this amendment from my noble friend Lady Stroud, whom I support wholeheartedly, not just because of what the amendment says but because of my past work talking about foetal alcohol syndrome. If you look at what happens in domestic abuse situations, this could be an example of what we are talking about today.

It is so important that we recognise and name babies and the unborn in the Bill, because we are encouraging parents to come forward so that they can get the help they want and need for themselves and their baby at this crucial time. I thank the First 1001 Days Movement for its fantastic report Working for Babies, and the For Baby’s Sake Trust. It is a common-sense report that explains that children aged nought to two have been deprived of services and forgotten.

I greatly admire what has been said by other speakers on this amendment. I would like to reflect on pregnancy and childbirth: as a mother of three daughters, I know that it is a major milestone in their lives—or for any woman, and especially for fathers and mothers coming together as a family. That surely must be a motivation to change. Domestic abuse is prevalent in health service contacts, and I would like to have more discussions on health visitors, which is not in this Bill, and antenatal services. We really need to look at nought to two years and ensure that these vulnerable families get the support they need. More importantly, we hear many reports about there being no father in a family.

There are incalculable costs of domestic abuse as a baby that occur in later life, such as crime, poor academic attainment, adverse mental health experiences, depression, suicide, and the inability to stay in healthy relationships.

It is very late, and we have more to get through, but I wish the Government would look at this and have further discussions with my noble friend Lady Stroud and the noble Baroness, Lady Armstrong, because it is so important that these babies are never forgotten. We must try and nurture them as we do seeds in the ground, to make sure they look healthy and have healthy lives.

Lord McNicol of West Kilbride Portrait The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)
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After our next speaker, the noble Lord, Lord Alton of Liverpool, I will be calling the noble Baroness, Lady Finlay.

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This is a very useful short debate, the key point being that the success of the commissioner depends very much on the personality of the postholder, and that is looking very good indeed. But it is also important that the legislative framework enables her to act as independently as possible, as so much of her credibility will rest on this.
Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, I speak to Amendments 16, 17, 18 and 19, which are of particular interest to me as the former Victims’ Commissioner for England and Wales. Noble Lords may remember that I had to make a complete new office, once the first commissioner, Louise Casey, stood down from the role to take on the Troubled Families Unit. I fully understand how the designate domestic abuse commissioner, Nicole Jacobs, feels. I have full confidence in her as domestic abuse commissioner, as she is very articulate and knowledgeable, and brings a different context to the role.

I take the point of the noble Lord, Lord Hunt, on the flexibility of a part-time appointment. When I began as Victims’ Commissioner, it was part-time, because I had my other role as champion for anti-social behaviour. The Victims’ Commissioner role was more or less full-time, so I was working for many hours not counted for. I had a conversation with the Secretary of State, and then worked full-time. I therefore agree with the noble Lord, Lord Hunt, on giving the commissioner the flexibility to have discussions with the Secretary of State, whether that role be full-time, four days, or three days. We should take a flexible approach.

Independence is an interesting word, and again I agree with the noble Lord, Lord Hunt, that it comes down to the robustness of the individual. Independence to people outside can mean one of two things: that one is independent from government and is not saying “Yes Minister”. Independence can also provide armour when having discussions with the Secretary of State and other departments. But it is important for everybody to recognise that the domestic abuse commissioner is independent from government because they are advising the Government on what is essential.

Amendments 18 and 19 are the most important: I agree with the noble Baroness, Lady Hamwee, about appointing staff, which is something I had to challenge in my first three years as Victims’ Commissioner. It has to come from who you want to work with: if the Secretary of State picks your staff, this really does not show that you are independent. You need to feel comfortable with your staff, so that you can map out a plan of work you want to do and, to be perfectly honest, so that you can feel you have loyalty within your team and know you are going out there and giving independent advice back to government.

The commissioner must have the ability to appoint staff, but this depends on the budget as well. How big a budget you can have, and how much you can allocate to a proper team for a national role, is really important. I had six members in my team, finally, but this is a national role and it is so important that we support the domestic abuse commissioner with all the tools available.

On that point, I ask my noble friend the Minister: has the designate commissioner already got an office of her own, so that she can begin her role once the Bill gets Royal Assent? It is so important to have independence from government, so that victims and survivors of domestic abuse can have the confidence to come in to see the commissioner and can have clarity, and be able to feel, that they have an open, practical and personal office to come to.

As the noble Lord, Lord Hunt, mentioned, it is robust experience and personality that will make the role excellent, and Nicole Jacobs is an ideal individual for it. I just want the Government to give her the tools to work with and the budget to enrol the staff that she should have to give confidence to those on the outside—so that victims and survivors of domestic abuse can believe in the role and the passion that Nicole Jacobs brings to it.

Baroness Finlay of Llandaff Portrait Baroness Finlay of Llandaff (CB) [V]
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My Lords, I wish to speak in support of the spirit of these amendments and the arguments so clearly explained by the noble Baronesses, Lady Hamwee and Lady Newlove, and the noble Lord, Lord Hunt of Kings Heath. They have explained why these amendments are needed, certainly in spirit, even if the wording of some of them is not quite right for the face of the Bill.

If the commissioner position was made full-time and the commissioner was able to appoint staff, they could better determine the scope of work and allocation of resources to respond according to need. It is an important fact that the commissioner needs to have some control.

To take one example—I have already declared that I chaired the Commission on Alcohol Harm—we know that, in general, lower socioeconomic groups experience higher levels of alcohol-related harm, particularly violence. The poorest groups are most affected by alcohol-related domestic abuse. You see this with the number of instances of alcohol-related domestic abuse every year, which are fourteenfold in that group compared with the least deprived. The prevalence rate of alcohol-related domestic violence is five times higher among the most disadvantaged groups compared to the least disadvantaged.

This is a huge job. The commissioner must be free to make decisions on how the budget is used, have their own independent office space and not feel in any way stifled by any influence from government in the work that has to be undertaken.

Domestic Abuse Bill

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

(3 years, 4 months ago)

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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: Consideration of Bill Amendments as at 6 July 2020 - (6 Jul 2020)
Baroness Newlove Portrait Baroness Newlove (Con) [V]
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My Lords, there have been many eloquent speeches this afternoon, and I, like others in your Lordships’ House, welcome the Government’s introduction of this Bill. However, I am disappointed that, with so many people listed to speak on such an important Bill, the time for our speeches has been shortened and we are not allowed a second day to inform the House in more detail. That being said, the Bill will provide much-needed support for victims of domestic abuse and will, I hope, contribute to a step change in attitudes in our country that makes domestic abuse unacceptable.

As the former Victims’ Commissioner, I have spent many years and hours listening to what the victims of domestic abuse have had to endure. I pay tribute to each and every one of them for letting me into something so personal and yet so horrific. I also pay tribute to the many charities and campaigning organisations that support and care for victims of domestic violence. Like many in this House, I have been approached by them, and by victims and survivors themselves, to ask for further improvements to the Bill.

There is one area on which I intend to table an amendment when the Bill moves into Committee—that is, on non-fatal strangulation or suffocation. I have discussed this issue with the current Victims’ Commissioner, Dame Vera Baird, and the designate domestic abuse commissioner, Nicole Jacobs, and we are all of the view that it would be an unforgivable missed opportunity if the Bill did not address this issue.

Currently, non-fatal strangulation—I include within this suffocation—does not get picked up adequately by the police. As attacks of this kind leave few or no marks, they are seen as less serious than other violence, yet this is a terrifying crime, and many victims testify that they genuinely felt as if their head was about to explode and that they were about to die during such a violent assault.

Victims of non-fatal strangulation are seven times more likely than other domestic abuse victims to go on to be killed. I will speak in more depth in Committee, but, for the Domestic Abuse Bill to be a landmark piece of legislation, it must address the important issue of non-fatal strangulation. More than half the victims of recurrent domestic abuse experience strangulation. It is estimated that 20,000 women per year—or 55 women every day—who have been assessed as high risk and suffer physical abuse have experienced strangulation or attempted strangulation.

Statistics show how strangulation and suffocation are highly gendered crimes. This is understandable, given the need to physically overpower a victim in order to commit these offences. Strangulation and asphyxiation are the second most common method of killing in female homicides, after stabbing. A woman or girl is violently killed in this way every 10 days. We must remember that these are not just statistics; in each case, it is a daughter or maybe a sister or mother who has been killed. Whether it is a Helen, an Aisha or a Zoe, it is someone whose violent end haunts their family and friends for ever.

Creating a stand-alone offence presents a unique opportunity for the Government to turn the tide on this shockingly high number of victims. Importantly for this Bill, strangulations and suffocations, both fatal and non-fatal, are concentrated within domestic abuse. Victims who survive strangulation do not just survive and get on with their lives.

I recognise that time is against me. To make this a stand-out Bill, and to make it what it should be, we need to change the law, as the lives of many people depend on us making this change.

Covid-19: UK Border Health Measures

Baroness Newlove Excerpts
Thursday 4th June 2020

(3 years, 11 months ago)

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Baroness Williams of Trafford Portrait The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
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I thank noble Lords for their questions. The science advice has been consistent. It has been clear that

“as the number of cases in the UK decreases, the potential proportion of imported cases may increase”.

So, as noble Lords have said, we need to manage the risk of infections being introduced from elsewhere. When the virus was at its peak, these measures would have been ineffective.

SAGE minutes of 23 March stated that

“numbers of cases arriving from other countries are estimated to be insignificant compared with domestic cases, comprising approximately 0.5%”.

It is for SAGE to determine when to publish its advice. Of course, the minutes have been published and are on the GOV.UK website. The noble Lord, Lord Rosser, asked what SAGE thinks of certain government decisions; it is for SAGE to advise the Government rather than approve government decisions. He asked about the next review date and whether there would be an Oral Statement on each review date. I am not sure about that, but I am happy to commit to doing one—and if I do not, I am sure that noble Lords will ensure that I do.

The noble Lord, Lord Rosser, also asked about the tourism industry. I recognise that the measures will have an impact on tourism and the aviation industry, which are significant contributors to the UK economy. The Government continue to support businesses in the tourism sector through one of the most generous economic packages provided anywhere in the world. We have always recognised that the measures we have taken to limit the spread of Covid-19 will have a substantial impact on our economy, including on sectors such as tourism, but that was essential to protect the NHS and save lives. The Government will continue to work with the travel industry and other countries through forums such as the OECD and the G20 to co-ordinate an international response. We want to ensure that the UK remains an internationally competitive destination for business and leisure and that, when it is safe to do so, UK residents can resume travel and support the UK’s outbound tourism sector.

The noble Lord, Lord Rosser, talked about people travelling from the Republic of Ireland to Northern Ireland. Those arriving in England on a journey from another part of the CTA—Ireland, the Isle of Man and the Channel Islands—will be required to provide locator details and self-isolate only if they have entered the CTA within the last 14 days. For example, if they travel to England through another part of the CTA but their journey started from a destination outside the CTA within the last 14 days, they will have to self-isolate only until they have spent a total of 14 days in the CTA. Those who have been in the CTA for longer than 14 days will not have to provide locator details or self-isolate.

The noble Baroness, Lady Hamwee, asked about the penalty for breach. Given the high levels of compliance we have seen to our measures to date, we expect that the majority of people will do the right thing and abide by these measures. The police will continue to use their powers proportionately and will engage, explain, encourage, and only as a last resort enforce. That is how they have acted all through this, but they will take enforcement action against the minority of people who endanger the safety of others. That is the right thing to do.

British nationals and foreign citizens who fail to comply with the mandatory conditions could face enforcement action. A breach of self-isolation would be punishable with a £1,000 fixed-penalty notice in England or potential prosecution and unlimited fine. The level of fine will be kept under review and immigration action will be considered as a last resort for foreign nationals. The legislation is created under the Public Health (Control of Disease) Act 1984.

In terms of the proportion of arrivals who will be exempt, we think that it will capture an estimated 11% of arrivals. The noble Baroness also asked about travel to and from the airport. It is being advised that you do not use public transport to travel to and from an airport but take the car of the person you are staying with.

Baroness Newlove Portrait The Deputy Speaker (Baroness Newlove) (Con)
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We now come to the 30 minutes allocated for Back-Bench questions. I ask that questions and answers be brief, so that I can call the maximum number of speakers.

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I thank my noble friend. I can name one Schengen country with a higher rate per capita, and that is Sweden. Of course, each country has put in place its own measures. It is difficult to state the relative death numbers with any certainty now; it will be far easier to see with hindsight when we come through this pandemic, hopefully in the next few months. As for Europe, cross-border movement and why we are doing what we are doing now, I hope I can give my noble friend comfort in saying that we will keep these things under review. They are being reviewed every three weeks. Of course, what we want is to be able to lift restrictions and get this country moving and the economy back in action as soon as we possibly can.

Baroness Newlove Portrait The Deputy Speaker
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The noble Lord, Lord Singh of Wimbledon, has withdrawn. I call the noble Lord, Lord Paddick.

Lord Paddick Portrait Lord Paddick (LD)
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My Lords, the regulations make clear that you do not have to complete a passenger locator form prior to arrival in the UK. You may not have internet access abroad or be computer literate. What happens if someone does not complete a form and is not one of the one in 10 spot-checked by Border Force at the UK border? How will their quarantine be enforced?

Domestic Violence

Baroness Newlove Excerpts
Tuesday 5th May 2020

(4 years ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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The noble Lord will know the web facilities that are available, and the Home Office has separately provided £2 million to support helpline and website provision. On his broader question about a mainstream public broadcasting campaign, I most certainly will go back to the Home Secretary, but at this time I would like to avoid—I know the noble Lord will agree with me—having perpetrators and their victims sitting side by side while such information comes on the television. It might create additional tensions within the home. However, I will take the idea back and discuss the matter with the Home Secretary.

Baroness Newlove Portrait Baroness Newlove (Con)
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My Lords, I welcome the Government’s funding for domestic abuse charities. Any funding, especially in lockdown, is very welcome. Every Monday I join meetings with domestic abuse front-liners and survivors. While I appreciate that we are giving £28 million to domestic abuse charities, my concern is that the information I have received from Paladin is that it has seen a huge explosion—an up to 50% rise—in stalking. Can the Minister ensure that some funding goes to stalking charities, such as Paladin and the Suzy Lamplugh Trust, which also help coercive control and domestic abuse victims?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I take my noble friend’s point about stalking. Whenever money is given out to charities, it is within a competitive process, as it were—a fair process—but I will certainly take that back. I am very surprised to hear what my noble friend said about stalking, but I do not deny what she is saying. Right at the beginning of this process, I spoke with Nicole Jacobs—I presume that is who my noble friend is engaging with every Monday—and my noble friend can be sure that I will take that back.

Domestic Violence and Abuse Bill

Baroness Newlove Excerpts
Monday 27th November 2017

(6 years, 5 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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I was part of the conversations on local delivery that took place in DCLG. We made it clear that we thought local areas were best placed to deliver the services appropriate to their locality, and set out the national expectations for delivery at a local level. We also made it clear that if things did not work out locally, we were prepared to legislate. However, the national statement of expectations seems to be playing out quite favourably.

Baroness Newlove Portrait Baroness Newlove (Con)
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My Lords, as Victims’ Commissioner, I have not been privy to the preparation of the Government’s consultation on the domestic abuse Bill. Therefore, will my noble friend the Minister say whether the Bill will include statutory provisions to prevent perpetrators of abuse pursuing their victims through the family courts?

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My noble friend makes a very good point about victims of domestic violence who quite often face further intimidation and, I would say, abuse as perpetrators seek to pursue them through the family courts. Certainly, the MoJ is considering this issue in relation to victims of domestic violence in the family courts.

Modern Slavery (Victim Support) Bill [HL]

Baroness Newlove Excerpts
2nd reading (Hansard): House of Lords
Friday 8th September 2017

(6 years, 8 months ago)

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Read Full debate Modern Slavery (Victim Support) Bill [HL] 2017-19 View all Modern Slavery (Victim Support) Bill [HL] 2017-19 Debates Read Hansard Text Read Debate Ministerial Extracts
Baroness Newlove Portrait Baroness Newlove (Con)
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My Lords, I am delighted to be taking part in the debate on this Bill and I congratulate my noble friend Lord McColl on introducing such a wonderful piece of legislation. He has been an ardent campaigner on behalf of the victims of modern- day slavery and I pay tribute to his tenacity and resolve in seeking to eradicate this terrible crime. The Prime Minister has described modern slavery as,

“the great human rights issue of our time”.

I agree with that sentiment. The Modern Slavery Act 2015 is a huge step forward in tackling this pernicious crime. It sends a clear message that in the UK, modern slavery, human trafficking and exploitation in all forms will not be tolerated.

None the less, it has become abundantly clear to many of us that, sadly, this legislation does not go far enough. While it strengthens the criminal justice response to the criminality that underlies modern slavery, it falls short in protecting victims and supporting them as they recover from their ordeal. There is so much more that we need to do before we can honestly stand up and say that we are providing all such victims with the care and support they truly deserve. By care, I mean robust and professional support that gives them a pathway from being a victim to becoming a survivor.

My colleague Kevin Hyland, the Independent Anti-Slavery Commissioner, has done much to tackle this crime, but even he suggests that the estimates may be the tip of the iceberg. The head of the Metropolitan Police’s anti-slavery unit has said that the number of suspected victims in London alone is expected to leap by 60% this year. We are looking at victims who have come through the process already and who have been to hell and back: destitute, having suffered terribly at the hands of their captors, and so traumatised that their emotions are held behind a brick wall to protect them.

This debate shines a light on the victims who are going through or have gone through the national referral mechanism, which I think sounds cold and feels very mechanical to the victims. Of course, we in this Chamber are well versed in what entitlements a victim should receive. These include support, housing, counselling and medical assistance. Once they are formally recognised as having been “trafficked”, they have just two weeks before they must leave their safe house and fend for themselves. I have been told that this is described as “falling off a cliff-edge”. It is totally unacceptable on both the emotional and the practical level to feel like this because it severely undermines the work of those responsible for bringing the abusers to justice.

I stand here as someone suffering personally from trauma and anxiety, so to hear all this is truly shocking. The stark reality is that victims will often be grappling with shock, anxiety and uncertainty about what happens next. Ongoing counselling and emotional support is a very long process. It is not like the buzzwords that we hear about 45 days being needed for “recovery” and “reflection”. Those two words have a long journey behind them.

As the Victims’ Commissioner for England and Wales, I travel around the country speaking to victims because only then do I get a true picture of what they are going through daily. I want to finish by reflecting their voices, because we are here today to make it better for these victims and help them survive what they have gone through. I met a beautiful young girl from Albania who was very quiet and wanted to talk to me on my own. As the mother of three daughters, what I heard over the next 10 minutes broke my heart. This young lady, whose name I will not repeat for security purposes, was born in Albania. She was born disabled and ostracised by her community and hidden from her own people. She was trafficked, brutally attacked and severely raped. She went to the police, who listened to her account but did not believe that the rape had taken place, so she signed a form which she did not understand, because she wanted to get away from there.

She managed to get through the mechanism and she is now in a house where she thinks she will be safe. She has already been bullied by people from different countries. She needs specialist care and when I met her she was struggling to walk after having had an operation. She is sharing a single room with someone else and has been told that she must put up and shut up. This should never happen in our society today. She is beautiful and disabled, and she needs care and support, but we are commissioning landlords who do not understand. She was told to shut up, and that they do not work at the weekend. It was okay to ostracise her in another community that had nothing. As a mother, listening to her story broke my heart, so I went back and spoke to the person who commissioned her care—I will not say who it was.

It is important to note that we are talking about support for a lifetime. We get these victims over one hurdle, the trial in court, but their journey begins only once they are in a safe house in a healthy environment. My noble friend has brought forward an important piece of legislation, and we need to do more.

Domestic Violence and Abuse

Baroness Newlove Excerpts
Thursday 6th July 2017

(6 years, 10 months ago)

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Baroness Newlove Portrait Baroness Newlove (Con)
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My Lords, having heard the previous three speakers, I am quite emotional as I am very passionate about victims. As someone who is also a victim, I become irate when I listen to these speeches, as we are not discussing politics or legislation but human lives.

First, I congratulate my noble friend Lady Manzoor on initiating this very important topic. Sadly, as we debate this very important subject in your Lordships’ House today, the statistics state that 2 million women, men and children suffer the violent and needless harm of domestic abuse—2 million people who should never ever suffer such horrendous acts of violence in their own home, in their loving relationships and more importantly from another human being.

Women especially have suffered in silence for many years. After all, marriage was seen as marital sanctity, creating an attitude in society of putting up and shutting up. Many generations stood by and watched their friends’ and families’ relationships breaking down, watching—or shall I say choosing to ignore?—their loved ones’ downward spiral of self-worth. The controlling and violent acts and, even more dangerously, coercive methods created such fragility within relationships. Is it any wonder that even today in the 21st century we constantly hear and read about mostly women—but I have to say also men—who feel so alone and desperate, losing their lives to violent crimes? The latest figures show that the proportion of women aged 16 to 59 who have experienced domestic abuse in the past year is at its lowest since 2004. However, I see and hear stories of victims of domestic abuse who frequently tell me they would not report to the police as they know that they will not be believed. Often, they are very right.

I have even met male victims of domestic abuse. This is very interesting as we mostly visualise weak men struggling with this type of crime. However, the victims to whom I spoke were ex-SAS and military men, so they were not meek and mild. However, when they wanted to take their own lives, as they could not deal with the hurt to their male pride, they reported the crime and sought help and support. They told me that a policeman had said, “If you give her a belt, you can claim self-defence”. What are we coming to when a victim of crime goes to an agency for support, only to be given such horrendous advice by a police officer? That is totally immoral and disgraceful. How does that help the children of families who witness such abusive relationships—which in turn can lead to their relationships being as abusive, and to some entering into the criminal justice system—at such an early age? In west Kent, the number of children who witness such violence is two for every offence. That number is worryingly high.

In my role as Victims’ Commissioner it saddens as well as angers me to listen to accounts of the acts of violence which these women and men suffer from the very person who they thought loved them. How calculating and brutal it is to turn such loving emotions into such cruel acts of violence against the very person they say they love, leading to the victims of such abuse wanting to take their lives as they are lost and lonely and think that this is the only solution to gain some peace and respect. There is not one character to this abuse; it presents itself with several heads. Surely, society needs to change mindsets, and to listen and truly understand that it is not as simple as just saying, “Well, leave him if he’s that bad”, or, “It can’t be that bad as you’ve gone back to the home”.

I have a saying that if we presented ourselves with a broken arm or leg, people would show empathy. However, if we do not have such an injury, and we smile, the presumption will be that we are healed and not shattered. Sadly, that is not true, as a smile hides many broken memories and emotions. However, it is strange that when there is violence within a relationship, our mindset leads us to look at these injuries on a different level. We start off with tea and sympathy, which has its place, but it is even more imperative to understand the dynamics of the many facets of domestic abuse. If it was so simple to resolve and we could simply up sticks and walk away, we would not be having this debate in your Lordships’ House and the Government would not have to legislate to recognise the harm of domestic abuse as a criminal act.

As I travel round the UK and Wales, sadly, time and time again victims tell me that the police do nothing. They are not interested and do not see a pattern of incidents as domestic abuse at all. They feel that the victims are just moaning and want them to go away. Not only are too many investigations being poorly run but, too often, we see further trauma to the victim and their children when family matters become a civil matter. I therefore welcomed the announcement by the previous Justice Secretary, Liz Truss, on setting up an emergency review to ban perpetrators of domestic abuse from directly cross-examining their victims within the family court system. The Government must ensure that this is followed through so that the family courts are a safe space for the victims to speak freely and openly without further trauma and upset, thus ensuring that the correct protection and supervision orders are put in place. Judges have to be stronger for the victims.

As I previously stated in the debate on the most gracious Speech, I truly welcome the Government’s introduction of the new domestic abuse Bill, as well as the support and input that has been provided by Women’s Aid and many other third sector groups. I place on record and commend the work of Polly Neate, the chief executive of Women’s Aid, who, sadly, is leaving this post and going to work for Shelter. Polly has worked tirelessly to ensure that government is listening and puts protections in place to support victims of domestic abuse. I wish her well in her new role and know that she will be sadly missed.

It is therefore essential that the Government ensure that there is a complete overhaul to address the culture of domestic abuse. I know for sure that there is a shortage of independent domestic violence advisers. These are essential to build a relationship with domestic abuse victims. We must ensure that there is no postcode lottery. How can we ensure that victims give evidence in court when their adviser is not allowed in the witness box with them? How can we ensure that we will introduce a world-class domestic abuse Bill when the courts do not recognise independent domestic violence advisers? Surely, that cannot be right.

Although there are domestic homicide reviews, “lessons learned” are the two most insulting words for a victim’s family to hear. I am tired of listening to TV, newspaper and other reports in that regard. Lessons learned are on the basis of people losing their lives and families being hurt for the rest of their lives. I would like domestic homicide reviews to come back in six months and see whether there have been changes. There has to be accountability and responsibility. Lives are not worthless; they are important.

I also ask my noble friend to ensure that we have enough resources to put these advisers in place. My advisers call them a SPOC, but I think that that is too Star Trekky. I think they should be known as victims’ advisers and support victims from the beginning of their journey to the very end, irrespective of whether they enter the criminal justice system. They need somebody to whom they can relate and who speaks their language. They need somebody within our criminal justice system who speaks for them because, at the moment, there is nobody there.

Governments past and present have built an expectation that victims of domestic abuse will be better supported, and therefore they must not let them down. That is why I welcome the fact that the Government have put in place an increase in funding. The £15 million violence against women and girls service transformation fund is intended to encourage joint working and a more integrated response. However, I say to my noble friend the Minister that on my journeys up and down the country I have been made aware that people are still waiting to hear the outcome of their bids, as, sadly, the process was halted due to the general election. Can the Minister shed any light on how those bids are progressing? The money is needed to advise and support victims. The fund will enable and encourage joint working and look at measuring success, as well as creating an honest landscape instead of everyone claiming success for the same initiative, which creates double-counting results.

I also welcome the introduction of a domestic abuse commissioner. I look forward to further discussions about the creation of this statutory role, whose focus will be on ensuring that victims of domestic abuse are provided with the quality support they require, as well as on driving up standards and enabling people to share what works.

Legislation is very important but there is no point in creating anything if nobody on the agency front takes note of what they are supposed to do. Time and again, my reviews have shown that agencies think they are doing the right thing by victims but there is a huge gap and, sadly, there is no accountability or responsibility. As I said in the debate on the humble Address, I think that the time has come for a victims’ law, because we need to be able to address the suffering of these people and their families. They need someone to be accountable instead of having to go through barriers. It is all very well for us to stand up in your Lordships’ House and say that that is not happening, but it is not right—these are human beings. Legislation has a place but, as I keep saying, these people should be treated with dignity and respect, because they are living with the abuse 24 hours a day. It is very sad to hear that the measures we put in place are not being heeded. We need quality, professional workers who know what a victim’s journey is about. Until that happens, we will stand here again and again attempting to protect these victims, because their voices and their names matter.

Independent Inquiry into Child Sexual Abuse

Baroness Newlove Excerpts
Monday 17th October 2016

(7 years, 7 months ago)

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Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My Lords, judging by today’s statement by the chair, I do not think that there is any intention of scrapping the inquiry. As I said earlier, an internal review of the inquiry is going on and an interim report is due out before the end of the financial year. I have outlined some of the things that the inquiry has achieved to date. But I must reiterate that it is independent and therefore we cannot dictate what it should do.

Baroness Newlove Portrait Baroness Newlove (Con)
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My Lords, while I welcome the Statement, I agree that there is very little in it that clarifies what the inquiry is achieving, especially for the victims of this crime. As Victims’ Commissioner, I am a little concerned about where their voice is. This inquiry was set up to hear their voices, both historic and present. I spoke to some victims recently who were very worried and concerned about when their voices would be listened to, where their voices would be and how they would effect change through this inquiry.

While I welcome Professor Jay’s announcement today that there will be an interim report in November, my concern is about communication with the victims. I have seen huge gaps in the communications sent to them. This does not raise confidence throughout the country to encourage victims to come forward. Indeed, we have heard today that some victims want to sue the inquiry for causing them further trauma because of the up and down rollercoaster that it has started with. As Victims’ Commissioner, I am concerned that their voices are being missed. Will the Minister look at what support is being given? The Statement makes a good point about the underspend of £3 million. As Victims’ Commissioner, I would like that money to be used to support the victims while we get everything sorted, because the bureaucrats will go on but the victims are still suffering as we speak.

Baroness Williams of Trafford Portrait Baroness Williams of Trafford
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My noble friend makes a very valid point about the victims, because they are at the heart of the inquiry. If she wishes to raise any specific concerns with me, I will certainly take them up. If she believes that there are deficiencies in funding for the inquiry and victim support, again, I would like her to raise them with me. But the underspend tells me that funding has not been the issue here, and Alexis Jay herself said that she wants the inquiry to proceed with clarity and pace so that the victims from the past can be heard and we can all learn lessons for the future.