Domestic Abuse Bill

Debate between Baroness Sanderson of Welton and Baroness Burt of Solihull

Wednesday 21st April 2021 Lords Chamber

[Baroness Sanderson of Welton (Con)]

My Lords, I understand the strength of feeling on this issue. I completely agree on the need to do more to stop serial offenders. Too often in the worst cases we discover that the perpetrator has had a long and shocking history of previous abuse. I am not clear about how a register or, effectively, a new category under MAPPA would improve the situation.

Members in this House and in the other place have said that new guidance is not enough to deal with the problem. I can understand why there might be some scepticism on that front. The truth is that this comes down to better guidance, proper training and more effective information sharing about the worst offenders.

Throughout the passage of the Bill, we have heard distressing details of what some of those offenders have done. But the fact remains that the vast majority were already covered by current MAPPA categories. Merely shifting their names into a new category or on to a new register will not change matters. If anything, it could make the situation even more difficult, for this is not straightforward. Working through the finer details of this so-called super-database as to exactly who will be on it and for how long they will remain there will take time, which we have all agreed we do not have. How do we avoid ending up with something so unwieldy that it inhibits the process of tracking and managing these people?

While I understand why a new category or database might seem appealing, I genuinely believe that in practice it will not deliver what we want. Surely it is better to focus our energies on improving the system that we have. We all agree that it is not working as it should, but the Government are investing in improvements to the ViSOR database that will enable better risk assessment and information sharing. I really believe that this, together with the new guidance and frameworks which have already been promised, will be more effective in dealing with the very real problem before us.

[Baroness Burt of Solihull (LD)]

My Lords, we have had some immensely knowledgeable, cogent and passionate contributions tonight, particularly from the noble Baroness, Lady Royall, and my noble friend Lady Brinton.

Several noble Lords have referred to National Stalking Awareness Week and, like others, I was greatly heartened to hear the Secretary of State, Robert Buckland, say that he would do what he could to address this issue. He has campaigned for years on stalking so, as the noble Baroness, Lady Royall, said: why vote against the amendment considering what would be achieved by it?

There is a well-known saying—I am not the only one who can trot out the old things—which is, “Do what you’ve always done, and you’ll get what you’ve always got.” In 2012, the stalking law inquiry report recommended exactly what this amendment, retabled by the noble Baroness, Lady Royall, would do. Since 2012, the Government have insisted time after time that the implementation of the rules is the issue, not making recording mandatory. Victoria Atkins said last week:

“The real issue … is not the statutory framework but how it is applied”.—[Official Report, Commons, 15/4/21; col. 522.]

In this case, doing “what you’ve always done” has not even got us to where we used to get, as the harrowing figures given to us have demonstrated. Clearly, from the testimonies of the noble Baroness, Lady Royall, my noble friend Lady Brinton and others, what we have now is worse than ever. From a pre-pandemic level of about two women being murdered per week, that number has more than doubled—with 16 since the Report stage of this Bill. You can be sure that all the gradations of fear, pain and misery proportionately cascaded all the way down the line. Why will the Government not be brave enough to do something different with the changes contained in these amendments?

We know that the danger comes with an escalation from minor offences to major ones. Stalkers can be helped, but, without a co-ordinated effort to identify them at an early stage, the real danger they pose may come too late. The Government’s alternative is not strong enough, although I acknowledge they are trying hard to do something with their own amendment and that is greatly appreciated.

We have heard many harrowing testimonies over the course of these amendments. No one in your Lordships’ House wants to have to hear the sickening details of another one—no “DVAOA”, as the noble Lord, Lord Russell of Liverpool, said—no “déjà vu all over again”. While I welcome the government amendments, including MAPPS as opposed to MAPPA, my party and I are fully behind the amendment put by the noble Baroness, Lady Royall. We will support her if she sees fit to push it to a vote.

Domestic Abuse Bill

Debate between Baroness Sanderson of Welton and Baroness Burt of Solihull

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[Baroness Sanderson of Welton (Con)]

My Lords, I will speak to Amendment 149. It took us a long time to recognise coercive control, but now that we have, we have come a long way very quickly. The term “coercive control” has entered our vernacular; as mentioned in an earlier debate, “The Archers” centred a major story line on it, as did “Coronation Street”. That might sound trivial, but it is not, because with each storyline, society’s understanding grows and what was once considered acceptable is not any longer.

The Government should be proud of the part they have played in reaching this point. When Theresa May introduced the offence of coercive and controlling behaviour in 2015, England and Wales became the first countries in the world to recognise and criminalise this behaviour. With the Bill we are leading the world again by including economic abuse in the first legal definition of domestic abuse. Again, we are ahead of the curve.

When the Government launched consultation on the Bill in March 2018, LBC ran a phone-in discussing economic abuse. A woman called in. She had been suffering from emotional abuse and was also suffering from financial abuse without knowing it was a recognised behaviour. After listening to the show, the woman admitted she was now considering leaving her husband, saying: “I’ve always hidden it: ‘It’s all me; it’s all me.’ Now I realise it’s not all me. I’ve been going through this for quite some time, but I didn’t realise this was an issue”. This is just one example but it shows the very real impact of this Bill and how it is already forging that better understanding and, in so doing, providing better protection for victims—but it can provide better protection for many more victims if it accepts this amendment to include post-separation abuse in controlling and coercive behaviour rather than relying on stalking legislation in which it does not fit easily as a stand-alone offence.

I appreciate that my noble friend has said that we must wait for the outcome of the Home Office review and that this will be published by Report. I sincerely hope the findings will in fact cover this issue for, if we do not address this, we will be letting down all those victims, who we know exist and who continue to suffer even when they have summoned up the courage to leave their abusive partner. If we do that, I am afraid we will have renounced our leading role in this area.

[Baroness Burt of Solihull (LD)]

My Lords, I am grateful to the noble Baroness, Lady Lister of Burtersett, and other noble Lords for bringing Amendment 149, and to Surviving Economic Abuse. I support both Amendments 149 and 157 and am particularly keen to support Amendment 149 on post-separation economic control.

In an earlier discussion, we had the debate about universal credit and other benefits and the need to ensure the victim can have the financial wherewithal to leave the abuser by making split payments the default position. I hope the Government will be kindlier disposed towards this amendment, which covers a whole aspect of abuse not yet covered in UK law.

As we have heard, the crime of domestic abuse as set out in the Serious Crime Act 2015 does not cover post-separation abuse. Amendment 149 rectifies this. I do not need to add further to the examples that have already been given by other noble Lords, such as the noble Baroness, Lady Newlove, to make the point of how serious and all-pervasive to the life of the victim this can be.

A number of noble Lords have mentioned the amendment to tackle post-separation abuse that was tabled in Committee in the Commons. The Minister, Alex Chalk, acknowledged that the charity Surviving Economic Abuse had done an “important public service” in raising the issue. However, the amendment was withdrawn in Committee due to assurances regarding an ongoing government review into controlling or coercive behaviour, as mentioned by the noble Baroness, Lady Lister. We still await the review. It is now promised before Report, and I hope this Minister will not use the same reason for not allowing this amendment. Even better, we would love to see the Government bring their own amendment on Report.

We really need this. One Crown Court judge estimated that without something of this nature, the legislation would be missing 50% or 60% of the people who need to be protected. This is a great Bill, but it will still fail victims—even after they have summoned the courage to escape and even when they thought they had finally got their lives back—if we do not tackle this vitally important group.

Amendment 157 was ably introduced by the noble Lord, Lord Hunt of Kings Heath, and I have added my name to it. It tackles coercive and controlling behaviour by a relative, whether or not they reside with the victim. As the noble Lord has said, only 25% do. The definition still applies, even if they are no longer in an intimate relationship but still reside together. The noble and learned Baroness, Lady Butler-Sloss, raised the issue of forced marriage, and the noble Baroness, Lady Verma, mentioned other members of the girl’s or woman’s family who do not toe the family line and the way that their life can be poisoned as a result. This amendment therefore widens the definition of controlling and coercive behaviour to ensure that these relationships are still defined as domestic abuse and can be prosecuted as such. I hope that the Government give it favourable consideration.