(1 week, 3 days ago)
Lords Chamber
Lord in Waiting/Government Whip (Lord Katz) (Lab)
My Lords, following consideration of amendments tabled by my noble friend Lady Royall and the noble Baroness, Lady Brinton, in Committee, the Government have brought forward amendments to the stalking provisions in Part 6.
Amendments 308 to 313, 314 and 315 explicitly provide for the civil standard of proof to apply when a court is deciding whether to make a stalking protection order, or whether to include a particular prohibition or requirement to an order in England, Wales or Northern Ireland. This includes when the courts are deciding whether to impose an additional prohibition or requirement on the variation or renewal of a stalking protection order. This will promote consistency and improve clarity in understanding of the standard of proof applicable in cases of stalking protection orders.
In addition, I am very happy to accept Amendment 316 in the name of the noble Baroness, Lady Brinton, which will convert the power conferred on the Secretary of State to issue guidance about stalking into a duty to do so. This will align the provision on guidance in the Stalking Protection Act 2019 with that in the Domestic Abuse Act 2021, promoting consistency in the legislative provisions which aim to tackle violence against women and girls.
My noble friend Lady Royall also has Amendment 313A in this group. I will respond to it once she and other noble Lords have contributed to the debate, but in the meantime, I beg to move.
Baroness Royall of Blaisdon (Lab)
My Lords, before speaking to Amendment 313A, I thank my noble friend for bringing forward amendments in response to my amendment in Committee. These amendments clarify the evidential threshold for obtaining an SPO, bringing this in line with the domestic abuse protection orders, so ensuring swifter and less onerous access to these protective orders, and it will make a real difference to the protection and safety of victims.
I am grateful to the Minister and the Bill team for meeting me, the noble Baroness, Lady Brinton, and the noble Lord, Lord Russell, and to the Victims’ Commissioner and the Suzy Lamplugh Trust for their support.
Amendment 313A is very similar to the one I moved in Committee, supported by the noble Baroness, Lady Brinton. It would introduce stalking protection notices—SPNs—to provide an immediate safeguard to prevent unwanted contact or communication from a perpetrator until a full SPO is granted, thus mirroring domestic abuse protection notices. In response to the debate on that amendment, my noble friend the Minister suggested that the amendment as drafted would be disproportionate, since it would criminalise the breach of a police-issued notice without court oversight. I have therefore updated the amendment so that a breach of an SPN would not be a criminal offence, ensuring that it reflects the framework for DAPOs.
Why is this amendment necessary? Because, as highlighted in the Suzy Lamplugh Trust super-complaint and its report on experiences of the CPS and the courts, the use of full and interim SPOs is currently inadequate, including lack of applications by the police and the time that it takes to obtain one, given that both the full and interim orders have to be granted by a court. Victims say that when police do apply for SPOs, the judiciary do not recognise the need for an SPO, particularly if other orders are already in place.
In response to the super-complaint, HMICFRS highlighted the arduous application process for the police and their frustrations over their inability to issue orders themselves. It called for the Government to use the DAPN framework as a template to legislate for a new stalking protection notice, which, like the DAPN, would not require an application to the court and could be issued by the police to offer protection in stalking cases.
The length of delays in cases varies from months to years. For victims of stalking, a delay in taking their case to trial means a continuation of the stalking behaviours, especially if no protective orders are put in place. The failure to put in place an interim or full SPO at the earliest opportunity puts victims at risk of further acts of stalking, which increases the potential psychological and physical harm that they are likely to suffer. Data on SPOs is also limited and outdated, making it hard to establish how many are refused by the courts.
It is both right and logical that SPNs should be enabled and put in place following a similar approach to DAPNs. They would offer immediate police-applied protection in stalking cases and set a timeframe for the courts to consider a full order. It cannot be right that, at the moment, a woman who is at risk of violence from a stalker has less protection than a woman at risk of violence at the hands of her domestic abuser, so steps must be taken to bring this into line.
The hour is late, but I will cite one case study from the Suzy Lamplugh Trust relating to delays in SPOs and the harm caused. This case opened in January 2025. The client was subjected to criminal damage, vexatious complaints to her employer and an online campaign aimed at discrediting her. The offender also moved house to be closer to the client. This has had a significant impact on her quality of life. The case has had four different OICs and different teams from the outset, which has caused considerable delay—to the detriment of the client. An SPO has been considered throughout the investigation, but there has been little progress or ownership of responsibility across the police force.
The advocate has pointed this out on numerous occasions. Several complaints have been made to the police and the local MP but, as far as the advocate knows, no response has been received. Legal services within the force had been contacted about an SPO in February 2025. Multiple witness statements had been obtained to support the application. The police stated that the SPO application was submitted in March 2025, but this turned out to be incorrect. The judge, in a separate non-molestation order request hearing, asked why after six months the force had not secured an SPO. At the time of writing, the SPO application was sitting with the force’s legal services awaiting a court date. Due to the time that has elapsed, the perpetrator has now been on bail for so long that it has required a magistrate’s application to secure a bail extension.
This and hundreds of similar cases demonstrate the need for swift action and the introduction of stalking protection notices. I beg to move.
My Lords, I am very grateful to the noble Baroness, Lady Royall, for setting out the details of her amendment, which I signed. I will not repeat any of the things that she said. I completely endorse them. I thank the Government for their amendments. Moving from the criminal level of proof to a civil standard of proof is important. We have been arguing for this for some time, so I am very grateful that the Government have taken this on board.
My Amendment 316 is another attempt to draw parallels between all the protections for victims of domestic abuse and those of stalking. It felt an odd decision that a Secretary of State might be able to report but not have to report on conditions. So I am very grateful that the Minister has signed my amendment. I look forward to seeing the statutory reports in due course.
Baroness Royall of Blaisdon (Lab)
My Lords, I am very grateful for the response from my noble friend the Minister. I did not really understand the point about age, so I am very grateful to the noble Baroness, Lady Brinton, and I look forward to reading Hansard and to receiving a letter likewise.
It is great to know that there is an internal review taking place, and of course we look forward to Richard Wright’s review. I note that the Government have said that they will respond to the review within four months, so we look forward to a response before the summer. With that, I am happy not to press my amendment.
(1 week, 3 days ago)
Lords Chamber
Baroness Levitt (Lab)
My Lords, government Amendment 270 makes a change to Clause 87. In making this change, the Government are responding to the concerns raised by some of your Lordships in Committee.
Clause 87 itself is vital; it removes the current three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of the abuse committed against them and gives effect to a recommendation of the Independent Inquiry into Child Sexual Abuse. This is needed because many victims and survivors are not able to talk—or even think—about the abuse they suffered until many years afterwards, which is a direct consequence of the abuse itself.
Clause 87 inserts new Section 11ZB into the Limitation Act 1980 because it is that Act that makes provision for the dismissal of actions which are outside the time limit for personal injury claims. Under new Section 11ZB(2), if an action is brought outside the usual three-year limitation period, for it to be dismissed the defendant must satisfy the court that a fair hearing cannot take place. Under the current drafting of new Section 11ZB(3), the action may also be dismissed if the defendant demonstrates that allowing the action to proceed would cause them substantial prejudice.
We have listened carefully to the testimony of victims and survivors, and reflected on the amendments debated in Committee, all of which raised concerns about the substantial prejudice test. We decided that they were right. The retention of Section 11ZB(2) alone both implements the relevant IICSA recommendation and ensures that those accused of child sexual abuse maintain their right to a fair hearing. I am therefore pleased to say that Amendment 270 removes new Section 11ZB(3) from Clause 87.
Many have spoken about this, and I pay tribute to them all, but I make special mention of the noble Baroness, Lady Royall, and Mr Stephen Bernard, who brought this to our attention swiftly. Mr Bernard spoke to me most movingly about his own experiences, and I thank him for this; he has played a big part in ensuring that the Government reached this decision. I beg to move.
Baroness Royall of Blaisdon (Lab)
My Lords, as I mentioned at Second Reading, I am very proud that with Clause 87 this Government abolished the time limitations in historical Church child sexual abuse cases. Survivors such as my friend Stephen Bernard, whom my noble friend the Minister referenced, were concerned that the clause, as originally drafted, added a new substantial prejudice, especially for historical cases. This created uncertainty, delays and an extra hurdle for survivors.
I am grateful to my noble friend the Minister for listening to the concerns of survivors such as Stephen, and for tabling Amendment 270. With the removal of lines 31 to 39, the IICSA recommendation has now been adopted in full, thus ensuring better access to justice for the survivors of historical sexual abuse. I am very grateful to my noble friend.
My Lords, I supported the amendment in Committee, and I echo the thanks given by the noble Baroness, Lady Royall, to the Minister for listening. I also thank the noble Lord, Lord Davies, who tabled the original amendment. This is a really important clarification, which will help victims and prevent injustices happening in the future.
Baroness Royall of Blaisdon (Lab)
My Lords, before my noble friend sits down, I am sure the whole House agrees with, in essence, what Amendment 273 says, but I also noted from my noble friend that it is much more complex than I had understood. I am sure that she is as frustrated as everyone else that these things take time, and I wonder whether she is able to give us any timeline. Sorry, I am an optimist, but this is an extremely important amendment. I will be supporting the Government, but it would be good to know if we are talking about months or whatever, because obviously we want to see this in statute as soon as possible.
Baroness Levitt (Lab)
I do not think I can quite express how unpopular I would be if I suddenly, on the hoof, came out with a time. All I can say is that we are committed to doing this quickly.
(1 week, 6 days ago)
Lords ChamberMy Lords, to some extent this group of amendments goes to the core of a lot of the potential downsides of this Bill because, whether we like it or not, it is going to be a source of coercion.
If we go back a few weeks to the issue that was drawn to our attention by the noble Lord, Lord Stevens, concerning the role and the purpose of the National Health Service, clearly, that would need to be changed because we are talking here about a mechanism for ending life rather than a service that does its best to preserve life. To anybody who has had to spend a lot of time around hospitals—be it as a consumer of, or a relative of a consumer of, NHS services; or if you have had any role in government, even at regional level, dealing with health services—it is inconceivable that looking at the balance sheet is not going to be an issue for a clinician and a trust. That is the nature of the beast if you are the finance director of a trust and it is over budget, as they nearly all are. In Canada, we see that some people are boasting about the money they have saved by providing assisted deaths. I do not believe for one moment that that factor can be airbrushed out of this equation as far as this legislation is concerned. While I do not necessarily accept or agree with every amendment in this group, it draws our attention to the principles at stake.
It is in those circumstances that we have got into the habit in this debate of euphemisms. We call one thing by a certain name, but we know it actually means something else. In that regard, I draw the attention of the Committee to a debate on assisted dying that took place during the last iteration of this Bill, proposed by Lady Meacher, on 22 October 2021. This is the point I want to try to get across. Incidentally, that Bill had 13 clauses and 10 pages, compared to the 59 clauses and 51 pages we are looking at today. After Lady Meacher proposed her Bill at Second Reading, the noble Lord, Lord Winston, who I think is not in his place, spoke. He said that the Bill should refer to “euthanasia” rather than “assisted dying” as the Bill’s title did not represent what was intended. He went on to provide the Greek definition of what the word “euthanasia” means.
These amendments go to the core of a couple of issues. The first is the rationale behind the National Health Service in the first place, and how it would be changed and turned if it is carrying out a service which is anything but—
Baroness Royall of Blaisdon (Lab)
My Lords, the point that the noble Lord is making is very interesting, but he may have heard my noble friend Lord Winston say previously in the debate on the current Bill that he has changed his mind. He may well have changed his mind about the words that we use in relation to assisted dying.
I accept that that may well be the case. I am simply referring to what was in Hansard in 2021. The noble Lord may have changed his mind, as we all do over our lifetime, and rightly so—if you have a completely solid view of everything throughout your life, it is not a good thing. I am not in any sense trying to demean his position in any way; he is a very highly respected member of your Lordships’ House. My point is that his reference to the euphemism is still valid in my view.
Coming to the nuts and bolts of how things would work in practice, at Second Reading of this Bill, and indeed in previous iterations in which I have had any role, I drew attention to one of the key issues: changing the nature of the service that we are funding. If we decide as a Parliament to make assisted dying, or whatever phrase one wishes to use, a legal activity, that does not necessarily mean that the National Health Service has to pay for it. Can you imagine the finance committee of a trust discussing its budget and getting into an argument? The sums may be modest, but to even put something such as that in this context, when we are talking about life and death, is fundamentally flawed, morally and in every other way. The noble and learned Lord needs to reflect on some of these matters.
My Lords, as a clinician for 50 years in the NHS, I find the noble Lord’s suggestions quite offensive. We have been asked to be kind today and I would ask him to be a little kinder to NHS clinicians in their decisions to try to help people at the end of life.
I just point out to the noble Lord, Lord Harper, that when you are talking about a fully funded palliative care service you are talking about millions and millions, and what has to be allocated. It is exceedingly difficult for the NHS to come to that decision, particularly in light of the fact that insufficient clinicians have been trained in that area, as I am sure the noble Baroness, Lady Finlay, will agree. Certainly, for the assisted dying service we are talking a few thousand—not anything like the sums of money that a palliative care service costs. Let us be realistic about what we are asking for.
Baroness Royall of Blaisdon (Lab)
I shall briefly intervene. I am sure that my noble and learned friend will answer this later, but I want to put on record that nobody who is a supporter of this Bill—an amended Bill, as it goes forward—would ever put costs as the major reason for supporting it. I just want to put that firmly on the record.
Could I come back on that? I never said that it was a major reason: I just said that it was a consideration that had to be made. Budgets are very strapped in the NHS at the moment and, if it can ensure that people who are blocking beds vote for assisted dying, that will save the hospital money. That is just a fact of life.
(3 months, 2 weeks ago)
Lords Chamber
Baroness Levitt (Lab)
The fact that it does not all happen on one day in Trafalgar Square does not make it any less of an outrage. I think every noble Lord in this House will hear the anger in the noble Baroness’s voice and, I hope, in my own voice. There is a profound commitment from across this Government to halve violence against women and girls within a decade. There are various departments engaged in this, all pulling together to try to deal with the three strands I mentioned earlier: prevention, support for victims and robust interventions against the perpetrators. We are determined to do this, and we are going to.
Baroness Royall of Blaisdon (Lab)
My Lords, I am very proud of what my Government are doing and their ambition to reduce violence against women and girls, and I am very proud of the record of my noble friend. However, as we know, tech-facilitated abuse is growing and growing. What initiatives are there to train police officers, including first-line responders, on identifying, investigating and gathering evidence for tech-facilitated abuse?
Baroness Levitt (Lab)
I thank my noble friend for her question. I think there is a broad acceptance, even by the police forces, that the police response to domestic abuse in the past left something to be desired. The Home Office is investing £13.1 million in the National Centre for Violence Against Women and Girls and Public Protection to strengthen police training. Working with the College of Policing, new research-based programmes will equip officers at all levels to investigate all forms of offences and to support victims.
(4 months, 1 week ago)
Lords Chamber
Lord Timpson (Lab)
Decisions such as on the noble Baroness’s last point are far above my pay grade, but I shall just mention two points. First, on release in error, any release in error is far too many and there is clearly a problem here that needs to be addressed. My style is very much, “Let’s deal with it and let’s work out what the problems are”, and I think that the investigation that Dame Lynne Owens will do will be very helpful as part of that process.
On the question of data, and making sure that we are effective and accurate in the work that we do, I spend a lot of time focusing on how we can embrace technology to ensure that, specifically, the Prison and Probation Service—which I know is within Justice, not the Home Office—has the ability to get things done more accurately and enables front-line staff to focus on what they do best, which is to rehabilitate people, not to fill out forms. Justice Transcribe—which uses AI to dictate what happened in a meeting with an offender, rather than the probation officer having to spend an hour writing it down afterwards—may sound like a very straightforward addition but is making a big difference already, saving hours of probation officers’ time. As someone who has come here from the commercial world, I am convinced that the more we embrace technology to enable our front-line staff to deliver excellent public services, the better.
Baroness Royall of Blaisdon (Lab)
My Lords, I am very grateful to my noble friend for his explanation about the £500, which has been all over the media and was referred to by the noble Lord, Lord Marks. It makes eminent sense that this was an operational decision; it has saved vast amounts of money and enabled this vile person to be put on a plane and got out of our country as soon as possible. I very much hope that my noble friend’s answer will be picked up in the media to counter some of the contrary stories that have been out there today.
Lord Timpson (Lab)
I thank my noble friend for her comment. We need to make sure that we support our operational civil servants on the front line—whom we trust with a huge amount of responsibility—when they make a sensible and commercial decision such as this one.
(8 months, 1 week ago)
Lords ChamberI think it was the previous Government who asked the Law Commission to do its report. The Law Commission came up with 57 recommendations for changes to marriage in England and Wales and we want to take our time to look at those.
Baroness Royall of Blaisdon (Lab)
My Lords, I understand that reforming marriage laws is a complex business, but in terms of removing discrimination against humanists who wish to get married, as their religious counterparts do, why do the Government not lay an order, just as an interim measure, which would enable humanists to marry?
I thank my noble friend for that question. I think the answer is the same as that I have given to others, which is because solving this anomaly for humanists would create other anomalies. That is why we want to take our time, although we are working at pace, to resolve the anomalies with weddings in England and Wales.
(1 year, 9 months ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, in rising to speak to Amendments 132 and 133 I take the opportunity to apologise to the House. I asked a supplementary question at Question Time that related to university funding and I did not refer to my interests in the register.
The amendments are the same as those that we moved in Committee and they are similar to amendments that we have moved to other Bills, but the Government have not acted and women continue to be attacked and killed as men with violent histories are allowed to escalate their behaviour by moving from victim to victim.
In Committee, the Minister said, as many Ministers have said before, that the Government agree that the robust management of perpetrators of domestic abuse and stalking is crucial to keep the public safe and that they completely agree with the spirit of the amendments, but that the objectives can be met through current provision and policy.
I beg to disagree. All the evidence demonstrates that this is not enough. Various initiatives have been, and are being, piloted, and countless letters are written to police forces urging them to make proper use of Clare’s law and stalking protection orders, but still it is clear that offences on a discretionary basis are not being treated with the same seriousness under MAPPA 2 and MAPPA 3. Where lives are at stake, a postcode lottery—which is what we have at present—is not acceptable.
This year a new report was published, following a national domestic homicide project and a Home Office-funded research project led by the National Police Chiefs Council—the NPCC. It showed that domestic abusers who went on to kill their partners were known to police in 80% of cases. Some 60% of those had been reported to the police specifically for domestic abuse, and a third of offenders were known to other agencies. The NPCC said that this highlighted the need for a
“multi-agency approach to effectively safeguard victims”.
The victims and perpetrators are known by many agencies and the most dangerous and serial perpetrators must be managed by MAPPA in order to close down opportunities for them to reoffend, and to ensure that their history is captured on the violent and sexual offenders register. This must be accessible whenever and wherever they move, just as with sex offenders.
The Minister might refer me to Clare’s law, which is certainly welcome, but it is simply not working in the majority of cases. It leaves the onus on potential victims to protect themselves, instead of placing positive obligations on the perpetrators. It affords no protection when the abuser leaves prison, moves address and targets a new woman—or when they change their name, which many serial perpetrators do.
Women repeatedly report they have been sent away or told by police that they are not a vetting agency. Clare’s law is failing because there is no duty on police to proactively identify, assess and manage serial perpetrators, or to record information about them and share it. NPCC data from October 2021 to March 2022 reveals that at least 56% of criminal background requests made by women were denied. This is truly shocking and demonstrates why the amendments are necessary.
I could cite so many examples that demonstrate the urgent need for these two amendments, but I will limit myself to six cases. I mentioned Zoe Dronfield in Committee. The man who nearly murdered her was released on 2 May. We have had to continuously push to ensure that he is managed at category 3 of MAPPA, when this should have been automatic. There are concerns about future women that he might target. We know that he has changed his appearance, but Zoe is not allowed even to see a photo. Why is it that his rights are being protected?
Chloe Holland was coercively controlled and abused by Marc Masterton. She died in hospital in March 2023 after trying to take her life because of him. Before doing so she reported him for domestic abuse and gave a two-hour video interview. He was sent to prison last year. Hearing of Chloe’s case, another victim, Zoe Castle, had the courage to come forward. Masterton has just been convicted for coercively controlling her and was sentenced to a further three years and seven months.
Zoe had just turned 18 when she moved in with Masterton and she lived in constant fear of him. She had to bend to his will and was fearful that she would lose her daughter. He hit over the head with a glass bottle, threw her into a wardrobe and, in another incident, picked her up and placed her in a freezing cold bath. When he comes out of prison, this serial perpetrator will do it again—he always does. He should go on a register, with stringent conditions.
“Danielle”—a pseudonym used to protect the victim’s identity for safety reasons—met her ex-partner through work in 2022. About six months into the relationship, it became clear that her new boyfriend had an alcohol problem. She thought she could save him, or that he would change for her, but he turned out to be abusive and attacked her twice in her own home. In a drunken assault, he grabbed her by the throat and hit her head against a wall, leaving only when she managed to reach the front door and scream for help.
Danielle said that she had never heard of Clare’s law when it was mentioned by her social worker soon afterwards, but she agreed to an application for information about her partner being made on her behalf. When the police arrived a few days later, she was shocked by what they told her. Her partner had a record of violent assaults on 20 other women.
In breach of the restraining order issued after the first assault, he broke into her home, seriously assaulting her again. He was sentenced to 10 weeks in prison for common assault and was released earlier this year. Naturally, she is terrified.
Holly Bramley met serial perpetrator Nicholas Metson in 2016 and they married in 2021. Holly had no idea about his previous convictions for offences against former partners in 2013, 2016 and 2017. Twenty-six year-old Holly decided to leave him and on 17 March last year he killed her, cutting her body up into 200 pieces and depositing it in a river.
Holly had a right to know about Metson’s serious and serial offending history.
Baroness Royall of Blaisdon (Lab)
My Lords, I am grateful to the Minister for his response, and to the noble Baronesses, Lady Brinton and Lady Thornton, and the noble Lord, Lord Russell. I have to say that I am not content. I have heard the word “guidance”, “guidance”, “guidance”, and that the current provision and policy will make everything work. They will not. I repeat: they will not. Why are so many women dying? The reason is that they do not work. Pilots, guidance and Clare’s law are simply not working; they are not enough. We should take the moral courage as was suggested by the noble Lord, Lord Russell, and vote in favour of this amendment. As the noble Baroness, Lady Brinton, said, it is not just about doing something that is right and protecting lives; investing in perpetrator management also saves money. What is not to like? I intend to test the opinion of the House.
Baroness Royall of Blaisdon (Lab)
My Lords, I wish to test the opinion of the House. I beg to move.
(3 years, 6 months ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, I guess I am about two-thirds of the way between the most reverend Primate’s granddaughter and the right reverend Prelate’s mother, but I too wept. It was such a moment to hear that our wonderful Queen had died. The right reverend Prelate mentioned peace and reconciliation. Our country and our world are in great need of those now, and I have no doubt that they will be firmly on the agenda of our new King.
I am proud to join in this celebration of the life of Her Majesty the Queen—an inspirational life, a life truly well lived and a life for which we are grateful. She was a remarkable woman, and the tributes made in your Lordships’ House both yesterday and today have also been remarkable. The tributes we have seen in the media have been quite exceptional, and I hope that continues with our new King.
It is impossible to say anything new, but repetition does not detract from the fact that Queen Elizabeth was an extraordinary woman whose dedication to our country and its people was second to none. Hers was a life of service and steadfastness, leadership and love, dignity and integrity—a reassuring constant in a turbulent world. It is difficult to comprehend the breadth of the economic, social, political and technological changes that took place during the second Elizabethan age. She was the continuity Queen who embodied our nation. Hers was a life to be celebrated throughout the world.
I was in Mumbai when news of the Queen’s death was announced. So many people came up to me late that evening and the following morning to give their condolences on the loss for our country and to express their sadness and respect. I did not know these people but clearly, I look like a Brit and therefore was somebody who should be concerned, as I was.
I was privileged to be Lord President of the Council, Chancellor of the Duchy of Lancaster and Captain of the Gentlemen-at-Arms, and in those tasks I met the Queen quite often. I was certainly not the first woman captain, but it seemed to give the Queen pleasure to introduce a female captain—although together we lamented the fact that the women captains did not have the gorgeous uniforms of the men. We talked about that quite often.
Much has been said about the Queen’s sense of humour. Once, when I was lunching at Windsor Castle with the Queen and Duke of Edinburgh, there was a conversation about the intrusion of mobile phones. We lamented the fact that people did not turn them off at mealtimes. Suddenly there was a loud ring beneath the table. Yes, it came from my handbag. I was mortified; they thought it was hilarious.
Last year my college, Somerville, was privileged to receive a wonderful visit from the King, the then Prince of Wales. Delving into our history in preparation for the visit, I learned that the Queen visited Somerville in 1968, when we were a women’s college. We have a glorious photo of the beautiful young Queen and the heads of all five women’s colleges. Happily for me, all the heads had studied at Somerville. I have no doubt that that point was proudly made to the Queen. On that visit the Queen signed a birthday book given to the college by Ruskin. It was also signed by her grandmother, Queen Mary, and latterly by her son, King Charles.
In our fragile world, we are embarking on a new era. The Queen will be greatly missed, but I know that the King, supported by the Queen Consort and his family, will also give extraordinary service to the country and the Commonwealth as we meet the great challenges of our time. Through all the work the King has done as the Prince of Wales, he is more aware of those challenges than many in our world.
My Lords, following the contribution from the noble Baroness, Lady Royall, I remind the House courteously that several things need to happen over the next few days, one of which is the preparation for the events leading up to the funeral and another is the necessity for noble Lords to take their oaths. With that courtesy that I know the House would like to see, I remind noble Lords to consider the length of time that they might speak in order to let everybody come in today.
(4 years, 4 months ago)
Lords Chamber
Baroness Royall of Blaisdon (Lab)
My Lords, I strongly support the Bill but, in doing so, I recognise that all noble Lords care deeply about compassion and dignity. The personal testimonies we have all read in the letters and emails we have received, and indeed the speeches we have heard today, have been truly heart-wrenching—and I trust that my noble friend Lord McKenzie’s pension providers will be well and truly confounded.
Yes, of course we need more investment in palliative care, in hospices and hospices at home, but I submit that we also need the Bill. Dignity in Dying—of which I am a supporter—published a report, Last Resort, which tells the stories of dying people who take their own lives in the absence of an assisted dying law. We must accept that if we do not provide people with safeguarded choice, they will continue to turn to rope, oncoming vehicles, shotguns, suffocation, starvation, drowning and overdoses of imported or stockpiled drugs. The current blanket ban on assisted dying does not eradicate demand for choice at the end of life; it simply forces people to take matters into their own hands in loneliness and in fear.
In February, I asked a Parliamentary Question on the number of terminally ill people who take their own life by suicide. The ONS is currently undertaking research on this point, and I hope that it will be made public in the coming months. We know too little about the numbers of dying people who take their own lives, but we know the deep and long-lasting effects that such deaths have on their loved ones and on wider society.
We talk about these deaths as suicide—that is how they are currently recorded—but it is clear from listening to bereaved family members that these are not people who wished to end their own lives but people who are taking drastic and often violent steps to control an inevitable and imminent death. Families mentioned time and again that their loved ones were not suicidal. One said: “In his notes to me Dad suggested I say, ‘He chose to end his own life ... it’s a decision full of power and autonomy, authority ... it’s a show of strength and resilience and power.’”
Dignity in Dying’s report found that being forced to plan a lonely death, taking care to prevent loved ones being incriminated, causes dying people significant anxiety and reduces their quality of life. A coroner in Victoria, Australia, speaking of terminally ill people who had committed suicide said:
“The people we are talking about … have made an absolute clear decision. They are determined. The only assistance that could be offered is to meet their wishes, not to prolong their life.”
Language matters. YouGov polling shows that 73% of UK adults appreciate that there is a difference between a terminally ill adult seeking assistance to end their life and suicide. There is growing evidence from mental health experts that the wish for greater choice at the end of life is different from what motivates a person to die by suicide. They stress the need for two important issues—assisted dying and suicide prevention —not to be conflated.
Traditional strategies of preventing suicides are ill-suited to being applied to assisted dying requests. We must address both assisted dying and suicide prevention in an evidence-based manner. In places where assisted dying is legal, dying people have explained how knowing they now have the legal option of controlling the manner and timing of their deaths has meant they no longer need to take matters into their own hands. To turn a blind eye to the fact that dying people will seek ways to control the end of their lives, regardless of what the law says, would be a failure of our duty to legislate in the best interests of society.
I believe we owe our fellow citizens whose suffering is intolerable the ability to live without fear until they are able within the law to choose a peaceful death with dignity. I trust that in due course a courageous and compassionate Government will allow government time for a Bill with a free vote on this most important of human issues.
(4 years, 10 months ago)
Lords Chamber
Baroness Royall of Blaisdon
Leave out from “Amendment 42” to end and insert “, do disagree with the Commons in their Amendments 42A, 42B and 42C and do propose Amendments 42D, 42E and 42F in lieu—
Baroness Royall of Blaisdon (Lab) [V]
My Lords, it has rightly been said many times that this is an excellent Bill of which we can be proud. However, in this National Stalking Awareness Week, we have an opportunity to make a further change that would demonstrate that the Government really have listened to the outpouring of anger and grief following the murder of Sarah Everard.
Since 15 March, when your Lordships last considered the Bill, 16 more women have been murdered—most of them as a consequence of domestic abuse, with many of them undoubtedly having suffered coercive control and stalking. If the perpetrators had been proactively identified, assessed and managed by police, prison and probation services, using the Multi Agency Public Protection Arrangements and the violent and sex offender register—ViSOR—many of these women would still be alive. These victims are not just numbers or even names: they were mothers, sisters and daughters who were loved and whose murder will have torn families apart with pain.
For nearly 20 years, evidence has been provided by Laura Richards, charities, HMIC and others that the current system is not working, and that serious and serial stalkers and domestic abusers are treated with impunity. The Minister is right that more good practice is needed, but we have been told that for the last 10 or 12 years and little has changed. I know that there are many things in train, but women are dying. The answer from government has always been, “The current system is adequate. We acknowledge that there are problems, but it is the practice not the process that is the problem. We will issue more guidance and lessons will be learned”. The lesson that has been learned is that guidance is not enough. Real change will be effected only through statute.
After 15 March, there was a flurry of press coverage and we were told that domestic abusers, stalkers and sex offenders will be registered on a super-database under plans being drawn up by the Government. Some of that press coverage came from briefings. Survivors, the families of victims, charities and hundreds of thousands of people up and down the country were elated, relieved that women were no longer going to live in fear. Their hopes, however, were dashed when the Minister responded in the Commons last week and when the Government whipped against my amendment. Why is the Government so against this simple amendment that would make such a profound difference?
I beg to differ with the Minister. Minister Atkins reiterated that the current system was adequate. All that was needed was the
“strengthening of MAPPA statutory guidance to include sections on domestic abuse.”—[Official Report, Commons, 15/4/21; col. 522.]
Ministers say that the real issue was not the statutory framework but how it is applied in practice. The statutory framework must be amended, otherwise the relevant authorities will continue, as they have done for 20 years, to ignore patterns of behaviour that end in murder. The Minister said that a new category of MAPPA, as proposed by my amendment, is
“not needed … because these … people can be included in the existing category 3.” —[Official Report, Commons, 15/4/21; col. 534.]
However, this category has historically been interpreted very narrowly, which means that police, probation and other agencies are not treating repeat perpetrators as high-risk offenders. Yet they are high risk.
The Minister added:
“Creating a new MAPPA category for high-harm domestic abuse and stalking perpetrators would bring added complexity to the MAPPA framework without compensating benefits.”—[Official Report, Commons, 15/4/21; col. 522.]
This was an affront in the Commons. We are striving to save women’s lives and the excuse for inaction is “added complexity”. The compensatory benefit would be to include more people in the system who are high-risk and endanger women’s lives. We were informed in a meeting yesterday by an official that it would trigger bureaucratic processes; I take that to mean that it would lead to effective action which they do not wish to take or in which they do not wish invest. Yes, more resources would be required, but women’s lives would be saved and the cost would be far outweighed by the cost of murder inquiries, each of which costs £2 million.
It is no wonder that among the people who felt let down and wept with anger when they heard the Minister last week were 17-year-old Georgia Gabriel-Hooper, whose mum was killed by an ex-partner in front of her; Zoe Dronfield, who was almost murdered by a man who had stalked some 13 other women; John Clough, father of Jane Clough, who was stalked and murdered by a violent ex-partner even though he had a history of abusing other women; and Nick Gazzard, father of Hollie, who was murdered by her stalker, who was involved in 24 previous violent offences. None of the perpetrators were on a high-risk offenders’ register, and the police were not monitoring them. Zoe lives in constant fear, as do many other survivors, especially when those that attacked them leave prison and are not on a register. We know of many survivors and their families who are literally living in hiding—hiding from men who should be on a database so that they can be managed and police can be accountable for the management of their behaviour.
Why are the Government so against including serial domestic abusers and stalking perpetrators on a database? I heard what the Minister said, however, and I am pleased to learn that they recognise that ViSOR is not working and that a new system, the multiagency public protection system, will be introduced. The Minister said that this would include perpetrators of domestic abuse, but she did not mention stalking. Will the new system include perpetrators of stalking? If not, why not? I think we must insist that it does.
My Lords, rather than going over the arguments about why we do not agree with the amendment, perhaps I might stress that we all seek the same ends. Like the noble Lord, Lord Kennedy, I am at risk of repeating myself.
My noble friend asked, quite logically, why putting offenders on a register was problematic. It is not problematic. So many noble Lords made the point about improving things in practice. The noble Lord, Lord Russell of Liverpool, would ask, I am sure—although I do not want to think for him—what we will do now to make things any different from how they were before, and that is a totally reasonable question, particularly in National Stalking Awareness Week. The noble Lord, Lord Kennedy, is right to say that some of the stories we have heard have been absolutely horrific. Noble Lords may recall that I wrote to the noble Baroness, Lady Royall, pointing out that these stories were horrendous. Would they have fared any differently with this additional category? I contended that they would not, but said that I felt we could all agree that the current arrangements had to be improved.
I will address what I think the noble Lord, Lord Russell, would ask, which is, “What are we going to do that will make a difference?” The answer is: several things. We will revisit and refresh the statutory guidance to include sections on domestic abuse. It will ensure that all agencies involved take steps to identify domestic abuse perpetrators whose risk requires active multiagency management, and to put in place a plan of action which reflects the risk, no matter what the category. We are legislating in the Police, Crime, Sentencing and Courts Bill to clarify the information-sharing powers under MAPPA.
Noble Lords who know me know that I am very supportive of multiagency information sharing, and that Bill puts beyond doubt that the information-sharing powers of those agencies are subject to the duty to co-operate under MAPPA. That is absolutely crucial. It will also explicitly clarify these information-sharing powers for those agencies or individuals who can contribute to the assessment and management of risk: for example, GPs. It will give greater confidence to these agencies when sharing information and will support more effective risk management. So, to answer the noble Baroness, Lady Royall, in terms of the statutory duty to co-operate with the aims of the DA strategy, the Bill makes provision for statutory guidance that bodies exercising public functions must have regard to offenders convicted of a stalking offence who are managed under level 2 or level 3 of MAPPA having to be on ViSOR. The guidance is not voluntary. That is a very important practical step.
HM Prison and Probation Service will issue a policy framework setting out clear expectations for the management of all cases at MAPPA level 1 by the National Probation Service, including domestic abuse perpetrators. This will further help improve the quality of information sharing, the consistency and regularity of reviews and the identification of cases where additional risk-management activity is required.
We will decommission ViSOR, which is now almost 20 years old, and bring in the new MAPP system, which will be piloted from next year. As I have said, we will also bring forward a new statutory domestic abuse perpetrator strategy as part of a holistic domestic abuse strategy, to be published later this year. In terms of resources, I totally concur with the noble Baroness. We are investing in new resources, with an additional £25 million committed this year, but she is absolutely right that we need ongoing certainty in funding, and I give a personal guarantee to her that both Victoria Atkins and I will be lobbying the Chancellor as we head towards the next SR period—because she is right; we absolutely need sustainable funding.
We do want to be held to account on our commitment to do more. I started trying to deal with the perennial problem of getting huge improvements in our response to domestic abuse when I was at MHCLG, and I continue to do so through this Bill. We brought forward Amendments 42A to 42C, which the Commons have agreed, and I welcome the fact that the noble Baroness has incorporated Amendment 42D into her amendment. I hope that I have outlined the tangible action that we are taking and that the House will support our Motion and reject the noble Baroness’s. However, in rejecting it we are not, ultimately, on a different page in what we are seeking to achieve.
Baroness Royall of Blaisdon (Lab) [V]
My Lords, I am very grateful to all noble Lords who have spoken in support of my amendment. I am also extremely grateful to the Minister, who has outlined many tangible actions. We all agree that the current system is not working, and many of the actions which she outlined are indeed going to improve things. I am delighted by her announcement that ViSOR does not work and is therefore going to be replaced; that is great. As she mentioned earlier, the perpetrators of domestic abuse are going to be part of the new data system, but I do not think that she said that the perpetrators of stalking are going to be included on that register. I feel extremely passionate about that because stalking and domestic abuse are inextricably linked. There is a pattern of behaviour: one thing leads to another and, ultimately, women are murdered. I therefore think it extremely important that the perpetrators of domestic abuse and of stalking be dealt with in the same way.
The noble Baroness mentioned many things about the perpetrator strategy, and I will have to look carefully at what she said. As I understand it, there are going to be two distinct strategies, one for stalkers and the one covered by Amendment 42. There, again, I do not understand why there would be two strategies when the perpetrators of both offences need to be dealt with in the same way. If I am wrong, and there are not going to be two strategies, please tell me. But as it is, I find the solution to some of these problems quite confusing and frustrating.
I think—I know—we are all willing the same end. I do not yet agree with the means by which we are getting to that end, but I am confident we can agree in due course. There are more conversations to be had, and I would like more conversations following this evening and before we get to the next stage of this Bill, which I very much want to reach the statute book, and of course it will. Because I still have questions and there are things I wish to insist on, I am going to test the opinion of the House. But with that, I thank the Minister very much. I look forward to our conversations, and I am sure we will find a way through in the coming days.