Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Bishop of Chichester Excerpts

Wednesday 18th January 2012 Lords Chamber

I also want to speak in support of the amendment spoken to by the noble and learned Baroness, Lady Butler-Sloss. She is right when she says that legal aid should be granted where cross-examination is conducted by the perpetrator of the abuse, so I ask the noble Lord to think again. There will be even more rejoicing—not just in this place but elsewhere—if the noble Lord can say in reply that, on mature reflection, the Government see the merit of not taking forward the provisions that they currently have in the Bill and that they would prefer to continue with the received and agreed joint wisdom that is apparent in the ACPO definition and in Amendment 46.

[The Lord Bishop of Chichester]

Before the noble and learned Baroness sits down, could she help me just a little? On Amendment 45, it does seem to me that relying upon a known, approved and accepted definition is clearly right. Of course I accept that, for all the very powerful reasons that have been given. However, since this was crafted, we have got a lot more experience in respect of other kinds of domestic abuse, in particular that of the elderly. We have become very aware recently of the danger to people in care homes but not quite aware enough of the possibility of domestic violence against the elderly as well. Although it is probably too late to bring this into the Bill, could she help me in pressing the Minister to respond as to whether, where it says at the end,

“regardless of gender or sexuality”,

we ought to assume “regardless of age, gender or sexuality”?

[Baroness Scotland of Asthal]

My Lords, that is right. We tend to think of familial violence as violence within a family group and people living together in partnership. Regrettably, the right reverend Prelate is right in saying that age does not prohibit violence—domestic violence is no respecter of persons, irrespective of age, ethnicity, economic background or any dividing issue one can think of. Regrettably, domestic violence affects everyone, and this definition, which has been used, continues to be efficacious and would include those issues.

I should also say that of course the Government themselves have been undertaking a review of domestic violence strategy. In part of that strategy, the definition is being considered and, from what I understand of the consultation, they are seeking to widen the net and not restrict it. That is why these provisions are so concerning and—I have to say—utterly surprising. If there was one area in which I did not believe that there would be any dissent at all among the parties or any of our Benches, it would have been this. So there is deep concern and surprise but also bitter disappointment that we are having this debate.