Lord Bishop of London debates involving the Ministry of Justice during the 2019 Parliament

Mon 8th Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Wed 3rd Feb 2021
Domestic Abuse Bill
Lords Chamber

Committee stage:Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords

Her Late Majesty Queen Elizabeth II

Lord Bishop of London Excerpts
Saturday 10th September 2022

(1 year, 6 months ago)

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Baroness Shackleton of Belgravia Portrait Baroness Shackleton of Belgravia (Con)
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My Lords, having read and listened to the many and various tributes to our beloved Queen and her exemplary life and selfless service to this country, the Commonwealth and the realms, it is impossible to do her justice. I should like, with humility, to pay a small tribute to her private family life. As any working parent knows, striking the work/life balance is almost impossible, but despite performing the most demanding job in the whole world for seven decades as a working mother, a working grandmother and a working great-grandmother, she juggled until the day she died. I am in no doubt that her family and the line of succession was of paramount importance to her.

I should like to share three vignettes of her humanity. This is the first. My brothers, three years younger than me, attended the same gym class as Prince Andrew and, as a consequence, were invited to Buckingham Palace to his birthday parties. On returning home, my mother, cross-examining the boys, said, “What was Andrew’s mummy like?”, to which one of them responded, “Mummy, she was just like any other mummy”, and then, referring to her brooch, “but she wears a much bigger badge.”

Secondly, sitting next to one of her nephews at a dinner, he told me that during his parents’ separation and divorce, the Queen and her family had been like a port in a storm when life had been very difficult for them. This sentiment was echoed by many of her grandchildren, who, over the Jubilee, spoke movingly of her extreme kindness to them.

Thirdly and lastly, I had the privilege on two occasions to meet the Queen on my own, save for the presence of a private secretary. The meetings concerned family matters, and I was left in absolutely no doubt that she loved and cared passionately about all concerned. She was totally fair and non-judgmental, and did all in her power to ameliorate and solve the very difficult problems they were suffering from. She was loyal to her family to the end, and I can think of no better way of showing our immense gratitude to her than supporting her children, her grandchildren and great-grandchildren at this sad time and in future.

She passed the baton on, and for her, there was no question of changing any rules mid-term. To make sense of her sacrifices and her passing, and to reward her unstinting service to all of us, we can do no better than to wholeheartedly support our monarch, His Majesty King Charles III, and his family, as she would have wished and prayed for.

Lord Bishop of London Portrait The Lord Bishop of London
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My Lords, I share with this House, our country and many across the world the profound sadness at the death of the late Her Majesty Queen Elizabeth. In June this year, we gathered at St Paul’s Cathedral for the national service to celebrate her Platinum Jubilee. In that service, words were read from the letter to the Philippians:

“Let your gentleness be known to everyone”.


The writer goes on to say that

“whatever is true, whatever is honourable, whatever is just, whatever is pure, whatever is pleasing, whatever is commendable, if there is any excellence, if there is anything worthy of praise, think about these things … and the God of peace will be with you.”

We have heard from many that Her Majesty the Queen, in the 70 years of her reign, lived a life of integrity and service to others, but she also lived a life as a model of gentleness. In Her Majesty, we found someone who carried lightly her own importance, a genuine humility and gentleness, while fully knowing what her role in the Church and the state was. We have heard from my most reverend friend the Archbishop about how, as Bishops, we pay homage. As the Bishop of London, I paid it not virtually but in person. There, kneeling, with your hands enfolded by Her Majesty the Queen’s hands, you pray. My memory of that occasion was of gentleness: not of the power of state or of her role, but of gentleness. That is the image and feeling that remains with me. Having prayed with the Queen, I often reflected that there was no need for an oath of obedience.

Many of us simply have not known life without Her Majesty the Queen. She has been our nation’s unerring heartbeat. I give thanks that she is now with the God of all peace. My prayers are with the Royal Family and His Majesty King Charles. God save the King.

Domestic Abuse Bill

Lord Bishop of London Excerpts
Wednesday 21st April 2021

(2 years, 11 months ago)

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The compromise amendment would await the outcome of the review and leave the Government in control, as Governments understandably need and like to be. It recognises the need for the review to report but also provides an avenue for the protection of these extraordinarily vulnerable domestic abuse victims to be put in place if the review shows a need for that protection. We know there is a need. The question is whether the review will throw up that evidence and information.
Lord Bishop of London Portrait The Lord Bishop of London
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My Lords, I thank the noble Baroness, Lady Meacher, for sponsoring this amendment, my friend the right reverend Prelate the Bishop of Gloucester and everyone who has faithfully backed the inclusion of migrant women in this Bill. As we already know, the Government voted against the amendment, which would have improved access to justice for migrant women. The Commons outcome does not secure any long-term legislative protection for migrant women. That is a shame.

We have seen some great breakthroughs in this Bill, some of which I have had the honour of co-sponsoring and which the Government have warmly supported, but their response on migrant women is quite glaring. Stuart McDonald of the SNP said it best when he asked:

“what is more important, protecting and supporting victims, or protecting Home Office powers over migration?”—[Official Report, Commons, 15/4/21; col. 533.]

The Commons vote on 16 April has given us the answer.

The #MeToo movement caught on in waves in 2017 because many people across countries, societies and cultures could say that they too had experienced some form of sexual violence. We cannot in all good faith leave the outcome for migrant women to a principle that undoes the very aspiration of this Bill, which was to be ground-breaking.

We have heard women campaigners speak loudly about how abusers can turn to using a woman’s insecure immigration status as a tool to deter them from reporting abuse and to oppress them with the fear of deportation. Women’s rights campaigners have said that the Government’s policy is creating an enabling environment for abuse against women. We know that, because reports have shown that some 92% of migrant women have reported threats of deportation from their perpetrator. While I understand that the Government’s response to data sharing is still under review and that the outcome will be published in June, if we do not accept these amendments we miss the opportunity to enshrine in legislation protection for migrant women who are victims of domestic abuse.

It is my faith that has driven me to speak today. It is my faith that drives me to stand alongside the marginalised and to ensure that we design together spaces in which they can flourish. The original precedent for this Bill, which set out to treat victims as victims first and foremost, is what drew me to it. Will the Government believe migrant women? Will they partner with them so that they can be safer? Will they hear what the campaigners have been saying and write into law safety for migrant women, or will they wait to hear other choruses of women’s voices saying, “Me too”? We must ensure safe reporting for migrant women who experience domestic abuse so that they can be assured that, if they approach the police, they will be treated as victims first and foremost and given the right form of support to protect them from abuse.

Baroness Butler-Sloss Portrait Baroness Butler-Sloss (CB) [V]
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My Lords, I agree with the noble Baroness, Lady Meacher, and the right reverend Prelate the Bishop of London. It seems perfectly sensible that we should all wait until the report has come out. What worries me is what appears to be a lack of understanding by the Government. It is perfectly obvious that if a victim thinks that she—particularly she, but sometimes he—will be subject to immigration control, she is not going to come forward and say that she has been abused. It is an obvious way for a victim to be kept under the control of the abuser. I worry that, in looking at this, the Government have not taken into account the obvious dangers to a victim of the use of their data by immigration control.

I am also concerned about the DDVC. A number of victims of domestic abuse do not manage to come within its rules and are therefore in danger of being deported despite being sufferers from domestic abuse.

Domestic Abuse Bill

Lord Bishop of London Excerpts
Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021

(3 years, 1 month 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)
Baroness Bull Portrait Baroness Bull (CB)
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My Lords, I am grateful to the noble Lord, Lord Kennedy of Southwark, both for introducing this amendment, to which I have signed my name, and for his persistence, as we have heard, in raising this issue in this House and beyond.

The decision to leave an abusive relationship may be among the hardest choices a person will ever make. However cruel the relationship and however damaging its impact, breaking away cuts a bond. It may be the only type of connection that that person has ever known. Sometimes, the relationship is just one in a lifelong pattern. The person brave enough to make that break needs all the support they can get, but too often they encounter barriers, including those related to access to legal aid. Without it, many abuse survivors are unable to challenge the perpetrator through the courts, yet eligibility for such aid is based on the requirement to provide evidence of abuse. It is hard to imagine the pain of reliving the situations of abuse, the shame it can entail and the difficulty of disclosing details of that abuse to different professionals and services over and over again. It is not hard to see why this is something that many victims will never do.

As we have already heard, research from the Ministry of Justice identifies a number of barriers faced by individuals in providing the evidence of their abuse that they need to unlock support. These include difficulties in gathering evidence if the victims do not disclose the violence at the time to those organisations that are recognised as able to supply evidence. Language barriers can be an issue; data protection issues can be a problem; and, of course, as we are discussing with this amendment, the financial costs of acquiring certain pieces of evidence —and the unwillingness on occasion of organisations and health professionals in particular to provide a letter confirming that abuse has taken place—can be a barrier. Taken together, these issues can be the determining factors in a victim’s ability to access legal aid.

This Bill now includes economic abuse in the definition of domestic abuse, recognising that the ways in which one partner seeks to control and abuse the other often include the control of household and personal finances. Therefore, if there is a financial cost to securing a GP’s letter attesting to the fact that abuse has taken place—as we have heard, it is a letter that can cost up to £150—this could push this vital piece of evidence beyond the reach of survivors. Accessing the money from bank accounts that are scrutinised by the partner might alert the abuser to the fact that the victim is in the process of seeking support, which puts them at further risk.

This amendment would remove what might be a crucial block to victims accessing justice. It is supported by the domestic abuse commissioner for England and Wales. The British Medical Association, as we have heard, has tried to address this issue through guidance, but this has not achieved the aim. This Bill provides the opportunity to put a definitive stop to these charges and ensure that a lack of financial resources is not a hindrance to survivors who are brave enough to try to escape from the perpetrators of domestic abuse.

Lord Bishop of London Portrait The Lord Bishop of London [V]
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My Lords, I add my voice to this amendment simply because it should go without saying that some things need to be penned into law for there to be consistent access to justice. Amendment 161 has been tabled because it prevents GPs charging survivors of domestic abuse for letters which confirm injuries they have suffered—evidence which survivors need for their legal aid applications. The case for this amendment has been extremely well made by the noble Lord, Lord Kennedy, and the noble Baroness, Lady Bull. I agree with the statements they have made, so there is no need to add much to what has been said.

There should be no gatekeepers when we consider the path to justice, not least from those who are on the path to help facilitate it. As we have heard, the British Medical Association has recommended that patients should not be charged for medical evidence when seeking it for legal aid. I too stand by this, by virtue of calling for this amendment to be included in this Bill.

Baroness Bertin Portrait Baroness Bertin (Con) [V]
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My Lords, I support Amendment 161 and thank the noble Lord, Lord Kennedy, for tabling it and for being so tenacious. It is an honour to speak after the right reverend Prelate the Bishop of London. We cannot on the one hand spend years putting together a great Bill like this that says to victims, “We hear you; we are there for you; we want to help you escape”, and on the other hand stand by and allow those same victims to be potentially charged £150—an extortionate amount for many people—for proof of that abuse.

Domestic abuse does not discriminate. You can be a victim of abuse whether you are rich or poor. Unfortunately, while this fee remains, it does and will discriminate against poorer victims. Many of them will go without legal representation, many will return to an abuser and many will be seriously injured or worse as a result of being unable to access the legal remedies that are supposed to keep them safe. I know that the Department of Health has a fair amount on its plate right now, but it should endorse this small change to the Bill. It could have an immeasurable impact on people’s lives when they are at their most vulnerable.

Domestic Abuse Bill

Lord Bishop of London Excerpts
Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021

(3 years, 1 month 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-V Fifth marshalled list for Committee - (3 Feb 2021)
Baroness Meacher Portrait Baroness Meacher (CB) [V]
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My Lords, I give my strong support to Amendment 137 in the name of the noble Baroness, Lady Newlove, and I want to congratulate her on her comprehensive and extremely powerful presentation of the arguments in favour of these amendments. Of course, I wholeheartedly agree with every word that she spoke. I also want to thank our Ministers for their support for this amendment, and indeed thank the Home Secretary and Justice Secretary, both of whom, I understand, support the amendment. I thank too all those who have provided briefings for us, in particular Julia Drown, who has been absolute stalwart in support of our work on this issue.

I understand that the Government have accepted the principle of the amendment and agree that it should have general application rather than be limited to cases of domestic abuse; that is, between couples who are personally connected, albeit that the amendment should stand within the Domestic Abuse Bill. That is what I understand, and no doubt the Minister will update us on developments in the work of the Government’s lawyers, who I believe are drafting an amendment that would work in practice. It would be helpful if he could confirm that the Government support the broader amendment but also that it must be included in this Bill for the reasons already given. I do not want to repeat them.

In the circumstances, I want to keep my remarks extremely brief and will just spell out the key reasons why I feel so strongly that the amendment should be agreed. First, women who are victims of non-fatal strangulation are seven times more likely to be killed subsequently. If there is anything that we should do, surely it is to prevent murder.

Secondly, the fact is that these very serious crimes are not being dealt with effectively by our criminal justice system simply because of the peculiarity that there might not be much to observe in the way of immediate symptoms, while the medium or long-term consequences, both mental and physical, of this heinous and horrendous crime are extremely serious. Again, all that has been outlined by other speakers, so I will not repeat it.

I have a lot of sympathy for the police, who do not—of course, they cannot—handle this very well. There needs to be a very specific, stand-alone offence that they can grapple with and understand. The police are overloaded—they are very busy, as I know well from my work with the Police Complaints Authority some years ago—so all my sympathies go to them. For the police, as well as for the victims, we need to get this amendment on the statute book.

Thirdly, this is a particularly horrible way to be assaulted. The idea that it is not dealt with effectively and that people are not punished for doing it is completely unacceptable, so I say again that I very strongly support the noble Baroness, Lady Newlove, and her amendments.

Lord Bishop of London Portrait The Lord Bishop of London [V]
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My Lords, I thank noble Lords who have preceded me and those who will follow. I also thank the steady campaigners, researchers and wider members of civil society for their tenacity in bringing the issue of non-fatal strangulation to the forefront of the Bill. It is something so nuanced that, if addressed, it has the potential to change the trajectory of women’s lives post strangulation.

Researchers, lobbyists and specialist organisations alike have spent significant proportions of their lives trying to highlight the one thing that we all know to be true: that there is almost always more than meets the eye. That said, I am delighted to have heard that the Government are committed to addressing this issue, and it is good to have heard so many noble Lords speak in favour of the amendment at Second Reading and today.

We have heard powerful contributions from the noble Baronesses, Lady Newlove and Lady Wilcox, and many noble Lords will have received briefings and accounts of the impacts of this crime on victims. I add my voice in support of the amendment, which calls for non-fatal strangulation to be included in the Bill as a stand-alone offence.

International research by Glass showed that non-fatal strangulation by a woman’s partner was associated with a 700% increase in the likelihood that he would attempt to kill her and an 800% increase in the likelihood of him actually killing her. Data collected by organisations such as Stand up to Domestic Abuse suggests that non-fatal strangulation is not a single, spontaneous assault but a pattern used by some perpetrators.

I am sure that noble Lords have read the details of what it is like to face this type of assault. We have heard them today and previously in your Lordships’ House, so I will not repeat them. The reality is that the effect of putting this amendment in the Bill really will be a reduction in the number of cases whose details we might have to share on this matter in the future.

At present, the police too often deal with non-fatal strangulation as a tick-box exercise on a risk assessment form, rather than as a crime. Furthermore, the current law leads to perpetual undercharging or no charging at all. Work from organisations such as the Centre for Women’s Justice highlights how serial perpetrators of domestic abuse and coercive control should have an official history that reflects their potential risk to others.