Domestic Abuse Bill

Debate between Lord Hunt of Kings Heath and Baroness Burt of Solihull

Monday 15th March 2021 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I start by thanking the noble Baronesses, Lady Meacher and Lady Bennett of Manor Castle, for their support of this amendment. Time is getting on and we have a lot to go through tonight, so I promise I will not detain the House by repeating the arguments I used in Committee.

I am very encouraged by the letter I received from Minister Scully outlining all the steps that the Government have taken and are taking to make employers aware of what they can do to support victims and signpost them towards help. I also commend the Government on their recent review, Workplace Support for Victims of Domestic Abuse. As we know, the workplace is one of the few places where the victim is usually separate from the abuser. If the workplace culture is positive and the employer knows how to help by signposting the victim, this can make all the difference. Sadly, the review outlined a mostly different picture: a lack of awareness of the warning signs of abuse; stigma around talking about it; and a lack of knowledge of what to do to help.

In his letter to me, Minister Scully said:

“We will now work together with employers, representatives of victims and trade unions to continue to build awareness and understanding of domestic abuse and drive good practice across the board.”


The Chartered Institute of Personnel and Development and the Equalities and Human Rights Commission have produced an oven-ready code of practice. It is only one small step to put implementation into government guidelines on duty of care. What will these guidelines consist of? Will they be incorporated into the other duties of care required of employers? If not, what will it look like?

Regrettably, this knowledge will not filter down to employers by osmosis. We need one small step, such as a government extension of the duty of care to extend to larger organisations incorporating a policy on employee domestic abuse victims into their existing employee policies. That in itself would send a powerful signal not just to victims but to abusers that this behaviour is not okay and that help is at hand. Now, when employees are coming back to work, is an ideal time to welcome them with a policy that confirms their self-worth and the fact that they are regarded and cared for.

The Government have made great strides already. The establishment of a code or duty is just half a step more. The result is a big benefit for all concerned: employees who feel able to bring their whole selves to work; other employees who also feel valued and supported; and, not least, employers, who reap the rewards in terms of enhanced loyalty and productivity. It is a win-win, and the only cost to the employer is a little thought. I beg to move.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I am very glad to speak in this debate. I thank the noble Baroness, Lady Burt, for moving the amendment. I was very pleased that the Government confirmed in Committee that domestic abuse protection orders would cover the workplace as well as the home. This is a very important step in ensuring that victims remain protected at work, and it is a first step to ensuring that domestic abuse is seen as a workplace and trade union issue. Home and work cannot be neatly separated, and this has never been truer than during the Covid pandemic.

I declare my interest as a member of UNISON, and I was particularly pleased that its campaign was so successful. I warmly congratulate its new general secretary, Christina McAnea.

There is no room for complacency, as the noble Baroness said. I am certainly convinced of the need to ensure that victims of domestic abuse are protected at work and that their employers do everything they can to support them. I have already said that home and work issues cannot always be neatly separated. Abusive and violent behaviour does not always take place in the home; it can frequently cross into the workplace, where victims experience stalking, threats, harassment and even worse. Equally, work can be a lifeline to independence and survival for victims of domestic abuse, as they are ordinarily able to leave their homes to go elsewhere and can maintain a level of income independent from the perpetrator.

All victims should feel safe in the knowledge that they can take action to put their lives back on track with their employment secure, and that they will be protected while they are at work. The Government have a responsibility to ensure that victims of domestic abuse are protected at work and that their employers do everything they can to support them.

We know from a TUC survey from 2015 that one in 10 of those who experienced domestic violence reported that the violence continued in the workplace. Over 90% of respondents to the survey who had experienced domestic violence reported that it had caused conflict and tension with co-workers, and a quarter of respondents reported that their co-workers were harmed or threatened.

This is where discussion about the code of practice comes in. The requirement that the code should be

“designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support”

is certainly an interesting suggestion. From listening to the noble Baroness, Lady Burt, I can certainly see the attractions of a code of practice. As she said, she has had discussions with relevant organisations on it.

However, I put to the noble Baroness the risk that, in any criminal or civil proceedings, compliance with the code by an employer may become the issue, rather than the domestic abuse carried out by a perpetrator. In the experience of UNISON, with which I have discussed the amendment, the introduction of a policy would seem to be much more effective in encouraging victims to volunteer that they are affected by domestic abuse, enabling referral to appropriate support agencies. In other words, while employers must ensure that they are meeting their duty of care, this might be seen as a blunt instrument. But I recognise that it is being moved with the best of intents and, in the work that goes forward, I am sure that it will be important to consider a code alongside the other measures that are clearly important to take.

Domestic Abuse Bill

Debate between Lord Hunt of Kings Heath and Baroness Burt of Solihull

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, I cannot repeat my noble friend Lord Rooker’s admirable brevity, but I welcome this group of amendments. I particularly support Amendment 24, which seeks to add a list of things that the commissioner may do in pursuance of a general duty.

The noble Baroness is right that provisions around monitoring and assessing perpetrator behaviour are very important. Clause 7(2) already sets out:

“The things that the Commissioner may do in pursuance of the general duty under subsection (1) include … assessing, monitoring, and publishing information about, the provision of services to people affected by domestic abuse … making recommendations to any public authority about the exercise of its functions … undertaking or supporting … the carrying out of research … providing information, education or training … taking other steps to increase public awareness of domestic abuse … consulting public authorities”


and others; and co-operate, or work jointly with, public authorities. Reading the list, it does not seem to include monitoring and assessing perpetrator behaviour. As the noble Baronesses, Lady Hamwee and Lady Burt, have illustrated, this seems to be a gap, particularly as the Bill specifies in Clause 7(1):

“The Commissioner must encourage good practice in … the prevention, detection … and prosecution of offences involving domestic abuse.”


I would have thought that monitoring and assessing perpetrator behaviours would be an important part of that responsibility.

This is an important but neglected issue. A piece for Community Care by Ruth Hardy in 2017 that analysed serious case reviews found that domestic abuse was a feature of more than half the reviews carried out between 2011 and 2014, but that while much practice and research is focused on working with victims and survivors of domestic abuse, the same cannot be said of perpetrators. A report some years ago by inspectorates, including Ofsted, found that social services and partner agencies are not focusing enough on perpetrators. Last April, an article by Amanda L Robinson and Anna Clancy for the British Society of Criminology identified that a focus on developing and implementing effective interventions for victims had dominated the policy and practice agenda for nearly two decades. They commented that, in contrast, there has been relatively less success in establishing effective interventions for perpetrators. A systematic review of European evidence concluded:

“We do not yet know what works best, for whom, and under what circumstances.”


I have no doubt that the Minister will be able to say that legislation covers this, but it is important that we make the point that it would have been helpful to have been more explicit that perpetrator behaviour is a relevant part of the responsibilities of the commissioner.

[Baroness Burt of Solihull (LD)]

My Lords, this short group is another attempt by the Lib Dem team to ensure that the domestic abuse commissioner has all the powers that she needs. Amendment 24 addresses the need for the commissioner to be able to research and publish information about perpetrators. I am very grateful to the noble Lord, Lord Hunt, for his supportive comments on this. We believe that unless we understand perpetrator behaviour, we will never be able to tackle it effectively and make effective interventions. Amendment 26 would widen the recommendations the commissioner can make to voluntary organisations and others as well as to public authorities. Again, we are attempting to widen the remit and those powers. These are small amendments but we hope they are helpful in spelling out the extent of the remit the commissioner should have.