Domestic Violence, Crime and Victims (Amendment) Bill

Lord Laming Excerpts

Friday 27th January 2012 Lords Chamber

Moved by

[Lord Laming]

That the Bill be read a second time.

[Lord Laming]

My Lords, the Domestic Violence, Crime and Victims (Amendment) Bill may be a slight document, but I hope the House will agree that it is one of the utmost importance in holding to account those who cause or allow a child or vulnerable adult to suffer awful deliberate harm.

Many Members of this House contributed most ably during the passage of the 2004 Act of the same title. Therefore, the House will recall that Section 5 of that Act introduced changes in the safeguarding of children and vulnerable adults that have proved to be enormously effective. That Act of 2004 provides that members of a household who have frequent contact with a child or vulnerable adult will be guilty if they cause the death of that child or vulnerable adult if three conditions are met. The conditions are: first, they were aware, or ought to have been aware, that the victim was at significant risk of serious physical harm from a member of the household; secondly, they failed to take reasonable steps to prevent that person coming to harm; and, thirdly, the person subsequently died from the unlawful act of a member of the household in circumstances that the defendant foresaw, or ought to have foreseen. In my lay terms, this meant that adults in the household could no longer avoid prosecution either by blaming each other or by remaining silent.

It is encouraging that there is now a body of evidence that demonstrates both the wisdom and utility of that legislation. Indeed, its success was so well illustrated by the outcome of the prosecution of the defendants in the dreadful case known as Baby P. The case of Baby P rightly caused widespread distress across the nation. Without the 2004 Act, those responsible would not have been held to account for the awful suffering and terrible death of that defenceless child. Indeed, they were successfully found guilty of causing or allowing the death of Baby Peter and they were given the maximum sentence. During the passage through Parliament of the 2004 Act, careful consideration was given to whether the offence should include serious physical harm. At the time it was well understood that there was much to be said for doing this, not least because there was already clear evidence that some children had managed to survive despite being victims of deliberate harm. Sadly, some of these children have remained damaged for life. Indeed, in some cases it was a matter of chance that the authorities had been able to intervene just in time to save the life of the victim. Understandably, saving the life of the child was rightly the urgent priority but, sad to say, it often meant that the adults of the household could not be prosecuted unless they co-operated with the authorities.

After a great deal of thought, the then Minister in the other place said that,

“examples are compelling, which is why I do not rule out extending the offence at some time in the future. It is important, first, to put in place the new offence. Let us get that right first and see how the provision operates. If appropriate, we may return to the problem at a later date”.—[Official Report, Commons, 27/10/04; col. 1473.]

We are now at that stage. Moreover, we now have the benefit of a body of evidence that indicates even more clearly that there is a real need for this legislation to include serious physical harm. Because of that, I am glad to say that there is widespread support for this Bill across government and throughout the front-line services. It comes to us having successfully completed its passage through the Commons.

I will spare the House details of individual cases as they are so awful, but I hope that it will help the House if I refer briefly to information from the Crown Prosecution Service. This is based on a survey undertaken by the chief prosecutors in six police areas: Sussex, Northumbria, Merseyside, Norfolk, Hertfordshire and Thames Valley, so it was a good cross-section of the country. The prosecutors were asked to identify the number of cases in 2010 in which they had been unable to prosecute for grievous bodily harm or cruelty to a child or vulnerable adult because there was insufficient evidence as to which of the members of the household was responsible for the injury. Those prosecutors identified a total of 20 cases involving children and three involving vulnerable adults that could not be prosecuted under existing legislation, and which they believed could be prosecuted under the changes proposed in the Bill. The areas surveyed account for 15 per cent of the Crown Prosecution Service’s business. If extrapolated, those figures produce national figures of no less than 133 children and 20 vulnerable adults. I am therefore sure that noble Lords will agree that this indicates as clearly as possible that there is now an urgent need for this Bill.

It is against that background that I hope the House will agree that this brief introduction will suffice. I know from my time in this House that we all attach immense importance to the protection of children and vulnerable adults. Our aim is to protect them from serious neglect and deliberate harm. This Bill affords the opportunity to hold to account members of a household who cause or allow such awful suffering to these vulnerable people. I beg to move.

--- Later in debate ---

[Lord Laming]

My Lords, I thank the Minister for his helpful and encouraging comments. I also thank government Ministers in other departments for warmly supporting the Bill and for their generosity in allowing us to have the benefit of the help of their officials.

We have been treated today to one of the great merits of your Lordships’ House—outstanding and well-informed contributions from all sides of the House in favour of our principal concern of safeguarding children and vulnerable adults. Such is the distinction of the contributions and the Members who made them that it would be presumptuous of me to even comment on the wisdom of what they have said.

As the House knows, the Bill was ably steered through the other place by Sir Paul Beresford. That being so, I felt distinctly apprehensive this morning about taking on that responsibility in your Lordships’ House. I am therefore particularly grateful to all noble Lords who have spoken so helpfully and constructively. It is clear that my anxiety was misplaced.

There are, of course, still hurdles to be overcome and some way to go before the Bill reaches the statute book. At this stage, I thank all noble Lords most warmly for the contributions that they have made and the support they have given. I invite the House to give the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.